By Leon R. Symanski, Esq.
Scene: You are driving home from work, safely entering an intersection on a green traffic signal traveling the posted speed limit when BAM!!! Another driver fails to pay attention, runs a red light, and slams into the side of your car. Airbags deploy. Your body is thrown violently about inside your car. You are dazed and hurt. You have just been in your very first auto collision…and it’s scary. Your first instincts are to check on your injuries and the injury status of the other driver. Then you dial 911 to let the authorities know you have just been in a car crash and you need medical assistance.
Then, while trying to get your bearings and stay calm, a person you have never met before arrives at the crash scene and speaks to you. That person seems caring and understanding and wants to help you. “Wow,” you think, “what great timing.” Then the person gives you the business card of an attorney and tells you that this is the BEST attorney and that you should call this attorney right away!
Then the tow truck driver arrives because your car is disabled. The tow truck driver gives you a business card of an attorney and tells you this is the BEST attorney and that you should call this attorney right away!
When you arrive at the hospital emergency room for medical treatment, a person in the waiting room approaches you and gives you the business card of an attorney and tells you this is the BEST attorney and that you should call this attorney right away!
Why would these people show up at a crash scene or at the emergency room and try to get you to call a particular lawyer or law firm? BECAUSE THEY ARE BEING PAID TO DO SO BY AN UNETHICAL LAWYER. These individuals are known as “Cappers, Runners, or Solicitors.” And this practice is completely illegal and unethical.
How do the Cappers and tow truck drivers get to the accident scene so fast? They listen to police scanners and wait for reports of an accident, or use other computer algorithms that detect car crashes, then rush to the scene, oftentimes beating the authorities, and offer their help or to tow your vehicle.
Also, if an attorney calls you without your prior knowledge or consent this should send up a red flag. The lawyer probably got your accident information by paying off someone for your information. There are a lot of payoffs in this field and if a lawyer is willing to pay for information to get a client, that is a strong indicator that the lawyer is most likely unethical. The rules state that attorneys cannot contact clients if their primary motivation is to make a profit. However, there are exceptions if the potential client is a lawyer, or a person has a familial or professional relationship with the attorney.
The competition among personal injury attorneys in Southern Nevada has intensified over the past decade. Just look at the amount of attorney television commercials, Click to Continue
