Lincoln Nebraska  police say a woman injured in the accident has died. According to the Lincoln Journal Star, police say 50-year-old Karen Williams, of Lincoln, was injured Thursday morning when a pickup truck collided with her car at an intersection. The accident happened about 7:30 a.m.

Officials say Williams was taken to a hospital, where she was pronounced dead at about 8:15 a.m. There were no other reports of serious injuries. The cause of the accident remains under investigation.

If you need help please contact us right away at (800) 876-1093 there is never a charge to see if you have a case.

Uninsured or Under-Insured Motorist Video:

Information from: Lincoln Journal Star, http://www.journalstar.com

Herb Friedman, Friedman Law Offices, Lincoln Nebraska, looks for evidence from 1955 murder case. Darrel Parker’s new lawyer, Herb Friedman is seeks evidence from his client’s 1955 murder trial.

Critical evidence seems to have vanished years ago

Critical evidence seems to have vanished years ago, which makes seeking evidence a problem.

“If they have it, it will be produced,”  said Friedman Monday about law officials. “If they lost it, it won’t be produced.”

Read Article from JournalStar.com.

Other related articles:

• Timeline of Darrel Parker Case
• Another Wrongful Conviction Begs for End to Death Penalty – Quad City Times
• Help for Parker is Welcome – Journal Star
• Lincoln Lawyer Looks for Missing Evidence in Reopening 1955 Murder Case – Lincoln Journal Star
• Lincoln Journal Star Article PDF

Midlands Voices: Respect U.S. trial lawyers

By Herb Friedman

The writer, of Lincoln, is a past president of the Nebraska Association of Trial Attorneys.

A Dec. 6 Midlands Voices article by attorney Mike Nelsen criticizes American trial lawyers and unfavorably compares them to British barristers. The American system of justice need not take a back seat to the British system, nor should American trial lawyers be humbled by British barristers.

The jury trial concept was originated in ancient Greece, and a form of it was in use by the 12th century in England under King Henry II. It was well established by the time the colonies were established in North America. One of the major complaints set forth in the Declaration Of Independence was “depriving us, in many cases, of the benefit of Trial by Jury.” Trial by jury is guaranteed in two Articles in the Bill of Rights.

The United States stands alone in the continued use of the jury system to resolve civil disputes. England abandoned jury trial in most civil cases years ago, and in the civil-law countries of Europe jury trials are nonexistent.

America did not adopt the British legal profession system of a split bar. Under the British system, solicitors handle what might be considered an office practice and appear in lesser courts, while barristers are granted the right of “audience” to try cases in higher courts.

British barristers are trained at four very exclusive law schools, known as “Inns of Court.” Admission was limited to the wealthier class, and family connections played a role in admission. The second son of an aristocrat, who did not inherit the family fortune, often was “called to the bar.” To say that it was restricted to the privileged class is not an exaggeration.

Until 2004, barristers could not be retained by the client; a solicitor had to retain the barrister on behalf of the client. There are about 12,000 barristers in England and Wales serving a population of about 53.3 million, compared, for example, with about 5,000 lawyers in Nebraska, of whom less than a thousand try cases on a regular basis, serving a population of 1.7 million.

Barristers are prohibited from using a contingent fee, a fee based on a percentage of the amount recovered.

The British system also provides that the loser pay the attorney’s fees of the opponent. The training is rigorous, the product superb and barristers still wear wigs and robes. But that system, with highly trained and exclusive barristers, effectively barred many, if not most, people from the judicial system.

Barristers are hardly the great check on the establishment and champion of the oppressed – they are the establishment. There is an old saying in England: “The courts are open to everyone, just like the Ritz Hotel.”

In America, the courts are open to all, and the contingent fee has been described as the key to the courthouse. And the American trial lawyer, without a wig and robe, is the backbone of our system.

We have no formal system of specialization. A lawyer who passes the bar exam can practice in any area and in any court, at least in theory.

On-the-job training has been the way of the American lawyer all during our history. Some are more experienced and more effective than others, but, without a doubt, American lawyers are far more socially and economically mobile than their British counterparts and have contributed to the social mobility of this country.

Our legal system has moved toward de facto specialization, and most trials are handled by experienced trial lawyers. Some states provide for lawyer specialization, in one form or another. The Nebraska State Bar Association commissioned a study to explore the possibility of specialization about 25 years ago, but the matter was soundly rejected by the House of Delegates and has never reappeared.

The threat of legal malpractice effectively limits shoddy lawyering, and lawyers typically refer cases to specialists. Specialization is here, but not in name.

The American jury system is a major component to our system of checks and balances, to both corporate and government power. American juries have forced car manufacturers to build safer automobiles; drug manufacturers to provide safer medications; physicians and hospitals to provide safer treatments; and lawyers to provide more competent representation.

Without the American trial lawyer, that check will disappear. These lawyers have made an enormous contribution to American society and should not be traded for British barristers, wigs and all.

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NEHAWKA – Alcohol is believed to be a factor in a one-car accident that sent one person to the hospital early Saturday morning.

Cass County Sheriff’s Office deputies, Nebraska State Patrol and rescue squads from Union, Nehawka and Plattsmouth responded to the intersection of Nehawka Road and 30th Street at 1:18 a.m. Saturday. Emergency responders found three people inside a 1999 GMC Sierra pickup involved in a rollover accident.

Deputies reported that Union resident Adam Nemetz, 21, was eastbound on Nehawka Road when he lost control of the pickup. The truck left the road, hit an embankment and rolled before coming to a stop. Nemetz was ejected from the pickup and was trapped underneath the vehicle.

Rescue crews freed Nemetz and transported him to an Omaha hospital with unknown injuries. Deputies reported that they believe alcohol was a factor in the accident. They also said Nemetz was not wearing his seat belt at the time.

Omaha resident Luke Embry, 21, and Bellevue resident Jessica Hodges, 20, were passengers in the pickup. Both escaped without injuries and declined medical transport. Deputies were on scene until 3:03 a.m. investigating the accident.

BROKEN BOW — An Omaha pharmacist and his two young daughters on their way to a family Christmas in Broken Bow were killed Saturday afternoon in an accident just west of Ansley.

Jeff Podraza, 44, of Omaha and his daughters Jordyn, 12, and Taylor, 10, died when the Chevy Avalanche he was driving crossed the centerline at about 2:45 p.m. and struck a semitrailer truck driven by Mike Connely of Broken Bow.

According to Jaci Peterson of Broken Bow, Podraza’s aunt, the family became concerned when he and the girls didn’t show up for the celebration and they couldn’t be reached by cell phone.

“All we know is that the Podraza vehicle was westbound and, for whatever reason, drove left of center and was struck by Connely,” Sgt. Bob Rose the Nebraska State Patrol said Sunday.

The Podraza vehicle caught on fire, and the girls were trapped inside, Rose said. When he arrived on the scene, Podraza’s body was lying on the pavement. Rose said he was unsure if Podraza had been thrown from the vehicle or someone on the scene before him had pulled him from the vehicle.

Connely wasn’t seriously injured, Rose said.

“We don’t think it was weather-related. We don’t know why he crossed the center line,” Rose said. “The accident is still under investigation. Hopefully, we will find an answer.”

Traci Ahlbrandt of Omaha was Jeff Podraza’s friend. She went to pharmacy school with him, interned at the same store with Podraza and worked with him at Walgreen’s.

“He was always full of life. Always. And always, smiling. He was smitten with his daughters,” she said.

In the last 19 months, there have been at least two other accidents with fatalities on the 17-mile stretch of road between Ansley and Broken Bow.

On May 30, 2009, three members of the Thad and Tricia Ita family of Rockville were killed. On Oct. 22, 2009, a weather-related accident killed 15-year-old Travis Slingsby of Broken Bow on his way to school in Ansley.

Friedman Holiday Taxi Program, for individuals Twenty-One Years Old and older.

Herb Friedman of Friedman Law Offices announced today that the law firm will again provide the Friedman Holiday Taxi Service this year.

This is the twenty-second anniversary of the Friedman Holiday Taxi program.

If a person has had too much to drink and believes they are a danger to themselves or another person on the road, they can call 474-SAFE between the hours of 9:00PM and 2:00AM December 15th through December 31, 2010, for free taxi service. This phone number must be used. Friedman Law Offices will pay for the ride home.

The caller must be a licensed driver, the destination must be in Lincoln, and the destination must be a residence, not a commercial establishment.

Friedman said, “The holiday season is probably the most dangerous time of the year todrive because of the combination of bad weather and alcohol. The firm has had good public response during the past twenty years for this program. We hope that we’ve saved lives and people from significant injuries during the past twenty years and hope to continue the program.”

This year Friedman Law Offices will also be the firm sponsor of the new MADDblog “http://betweenthe linesblog.wordpress.com”. Friedman said combating drunken driving remains one of the firm’s major commitments to the community and supporting MADD is part of that commitment.

Omaha, Nebraska car accident: Dan Friedman tells what you should know:

A two vehicle car crash sent 7 people to hospital. The crash happened at 9:25 Sunday Night at 42nd and H Streets in South Omaha, Nebraska

Police reports say that a Nissan Pathfinder traveling south on 42nd Street, lost control and collided with a GMC Yukon. 5 people were inside the Yukon. The front passenger of the Yukon, 22-year-old Danny Alcantara, died at the hospital. 4 others in that car were injured, including the driver.

The passenger in the Pathfinder, 24-year-old Manuel Santos-Gomez, also died at the hospital. The driver of the Pathfinder, 27-year-old Victor Rodriguez, fled after the crash. He was quickly caught by police. When he is out of the hospital, police say he will be booked into the Douglas County Corrections on two counts of Criminal Homicide.

Police say speed and alcohol might be a factor. This investigation is still ongoing.

Car accidents in Nebraska are not entirely different than car accidents other places in the country, however knowing what “red flags” the insurance company looks for in Nebraska can help you understand how to submit your claim, and help you value your case.

Greg Coffey, or one of the other caring and experienced attorneys at Friedman Law Offices can help. At Friedman Law Offices there is never a charge to find out if you have a case.

Berdyansk, Ukraine - October, 2010 - Herbert J. Friedman, Lincoln, NE

Ukraine Flag

This was the second assignment my wife Kathy and I had for CILS.  Last year we went to Novgorod, Russia.  This year we went to Berdyansk, and Lugansk, Ukraine, for two weeks, Thanks in large part to the help of our friend, translator and over-all tour guide, Professor Dmitry Kaminsky our experience gets high marks.

Ukraine was a good fit for me since my grandparents migrated from that part of the world well over a century ago in the wake of the pogroms   that erupted after the assassination of Alexander II in 1881.  I was virtually raised on the same type of food that we had during our visit to Ukraine.

The nation currently known as Ukraine, formally referred to as The Ukraine, is an area slightly smaller than  the state of Texas, but larger than France. It is the largest nation in Europe, outside of Russia.  It generally runs from the Carpathian Mountains in the west to Russia in the east and from  the Black Sea in the south, north to Belarus .There are 24 regions or oblasts, two  cities with regional status,  and one autonomous state, Crimea.   The Dnieper River runs down the center of the country and flows into the Black Sea, very similar to the Mississippi River basin.  This area of the world   is inhabited by people known as the East Slavs going back 1500 years.  Kiev was the first capital of Russia and is currently the capital of Ukraine.  The current nation of Ukraine was never an independent political   nation until the collapse of the Soviet Union.  Prior to that  the area was largely ruled by Russia and the Soviet Union in the east, Austria-Hungary in the west, and occasionally Poland.  There are virtually no natural frontiers, making it a difficult nation to defend.  The current nation of Ukraine was cobbled together after World War I, became an independent state for a few months and was rapidly incorporated into the Soviet Union…  During World War II, it was occupied by Nazi Germany.  When the Soviet Union collapsed, the Soviet Socialist Republic of Ukraine became an independent nation in 1991.  The current constitution was adopted in 1996.

The population of Ukraine is approximately 47 million people or about twice that of Texas, is declining and has a low birthrate.  People tend to marry late and have few children. While nation is very urbanized;  there are thousands of acres of farm land.  Driving in the Ukrainian countryside is reminiscent of driving in the Midwest.  The people are about 85 percent Ukrainian, 15 percent Russian, and the balance is a mixture of other nationalities and races. The population is almost entirely Orthodox in religion, although I sensed a very strong secular attitude inl younger people.

The principal language is Ukrainian, but many speak Russian, and people converse freely in either language.  Both use the Cyrillic alphabet, with a few letters in Ukrainian that are not in the Russian version.  .

The country has many things going for it, including an attractive and well-educated population, with 99 percent of the population literate; abundant natural resources making it one of the most agriculturally productive areas in Europe;  and Black Sea ports.  Unfortunately, there are also some significant problems, including a lop-sided economy, with about 99 percent of the economy controlled by one percent of the population; a very small middle class; and difficult transportation.  Many large cities are not served by air transportation.   Very few people have automobiles, compared to Western Europe and the U.S…  The roads tend to be two lanes and not well maintained.  It is for the most part a cash economy, .Credit cards are not universally accepted; however there are ATMs all around.   A sizeable portion of individual income goes to food and shelter.

Ukraine History

During World War II, the country was invaded by Nazi Germany, and completely occupied.   Stalin had invaded the country in the 1930s and murdered millions of people, and the Nazis were first looked upon as liberators,  However, it did not take long to determine that they were as vicious and brutal as the communists.  During the war, the Ukraine lost 10 million people, which about half of the total loss of the Soviet Union of 20 million.  Many of the cities were completely destroyed.  During the war, there was a military unit of Ukrainians that fought for the Nazis.  The Jewish population, which was one of the largest in Europe, was completely decimated as a result of the war.  There are some small Jewish communities in Kiev and Odessa.

Ukraine is now a new constitutional democracy, after a 1500 year history of authoritarian rule.  Ukraine  has a strong central government; an elected president, who serves a five year term,  who appoints a prime minister, the foreign minister and minister of defense. The prime minister appoints the heads of the various agencies, such as police and education. . All governmental functions are controlled by the central   government in Kiev.  There is no federal system and no local control.  The police, courts, and all governmental functions are run on a national basis.  The legislature, Verkhovna Rada (Supreme Council) is a unicameral legislature with 450 members.  All is run from Kiev, including setting the date that all schools start (September 1^st) and the date that central heating is turned on all over the country (Oct.15^th)

Berdyansk, Ukraine

Berdyansk, Ukraine

Berdyansk, population 125,000, is located in the Zaporizhia Oblast,( Region), ,  population 2.6 million, which is, in the southeastern part of the country, The city is a pleasant resort and seaport on the Sea of  Azov, which is  located to the east of the Crimean peninsula  is more shallow part of  the Black Sea.  .  It was destroyed during World War II.  There are many Soviet era buildings in the city.  Most people live in apartments.  We stayed in a comfortable one bedroom apartment located on the promenade that runs along the seaside for approximately a mile, with a view of the sea…  The promenade was roughly the width of a football field, and very well maintained with interesting sculptures scattered along the way.  The main street of the city, known as Lenin, runs perpendicular to the sea walk   We were at the intersection of the two streets, and in the heart of the city…  There are many shops and restaurants located in the area, including a large open farmer’s type market which sold everything from flowers to fish…  Our apartment was located about 15 minutes by car from the Institute, which was a bit too far to walk.  Professor Kaminski provided transportation to and from to and from class Aside from Professor Kaminski and a few other faculty members, we found few English speakers.  There were several restaurants that had English menus, but this was an exception rather than the rule.  There were very few landline phones and most people used cell phones for communication.  I was able to communicate through email with something called People Net, which was a flash drive that could be rented, and internet time purchased from through local banks.  When I plugged the flash drive in my computer, I was able to reach the internet.  I use both the internet and Skype while in Berdyansk.

Azov Regional Institute of Technology

at Zaporizhzhya National Technical University.

Berdyansk, Ukraine
.Azov Institute. is a branch of the national university of the region,.    Enrollment was approximately 1,000 students, and the law school enrollment was about 400 students. .Legal study in Ukraine is an undergraduate education. The school   was a three story structure, about the size of an elementary school, with no elevators located on the outskirts of the city.

I taught a course entitled, “Introduction to American Civil Litigation,” which was basically an overview of our civil justice system, touching on the history of our constitutional system, the jury system, evidence and pleadings and discovery.  .  It was a twelve hour course, taught over a course of six days, with power points for each day. .  Although I was able to use PowerPoint, none of the classrooms were set up for that technology.  Professor Kaminski translated for me the entire time, except for a few days later in Lugansk. The students were 19 and 20 years old, equally divided between men and women.  There were about 30 students per class.

I distributed questionnaires to the students, which were helpful. All of the students were from either Berdyansk or nearby. Kathy sat though each class, and gave me suggestions along the way.

The students were very attentive and asked some questions. .  There is not much interchange between student and teacher in Ukraine, and they do not use the Socratic Method. . There was little discussion after class as most of the students had other classes to attend.  I wish there had been a bit more interaction with the student body and the faculty

At the beginning of the course, I distributed flash drives with my law firm’s logo on them.  Each flash drive contained a copy of the United States Constitution, the Federal Rules of Evidence, the Federal Rules of Civil Procedure, various cases, and all of the PowerPoint slides I was using for the course.  Many of the students had computers with them, but all of them had access to computers at home.  This seemed to work out reasonably well, and I thought it better than hard copies…

Lugansk State University for Internal Affairs

Lugansk, Ukraine

Lugansk, Ukraine

Prior to our arrival in Ukraine, Professor Kaminski asked if I would be willing to spend a few days at another university where he also holds a position, which was located in Lugansk, Ukraine.  Lugansk is a city of about 500,000 located very close to the Russian border, and the capital city of the Lugansk region, a region next to Russia, with a population of 2.6 million.   It was a five hours taxi ride from Berdyansk to Lugansk, and there was no air transportation. Many of the people there speak Russian instead of Ukrainian, and there is a strong Russian influence in this part of Ukraine.   The university is one of three universities located in Lugansk.  This university was in a law enforcement training university, sort of a military academy for police officers…  It had an enrollment of about 5,000 students and perhaps half of them were in uniform.  They also studied law.  I gave presentations to the faculty and two classes, one to about 30 and the other about 50 students, over a two day period, I taught some criminal law to this group. . I also spent a good deal of time with the Rector of the university, who though my family may have come from the region   known   as Galicia, because of my family name.

Ukrainian Legal System

There are major differences between the American common law system and the Ukrainian civil law system. Chief among the contrasts are the lack of stare decisis; the absence of a jury for both civil and criminal matters, and no pleadings, discovery or evidentiary rules…  There are three court levels:  trial court, court of appeals, and Supreme Court.  In addition to the courts of general jurisdiction, there are “business courts” that deal exclusively with disputes between corporations and a Constitutional Court….  Judges play an investigatory role and call witnesses and interrogate them.  Judges are all appointed by the national government. Aspiring judges have to practice law for several years and then take a rigorous and expensive examination.  If the candidate passes the examination; he or she is appointed for a five year term.  If the judge has performed well during that term, the judge is then appointed for life,

There are trial courts in most cities.  The one trial court that I saw was in Berdyansk was in an office that was approximately 10’ by 10’.  The judge sat behind a desk, not a bench as we know it, in street clothes, and a secretary was taking notes on a computer.  There were chairs on each side of the room.  I was permitted to sit in while the judge interrogated the parties in a divorce action. After the ten minute hearing, the judge asked the parties to leave and was making a decision while the parties waited.    I never did find out what happened as we had to leave.  It was all extremely informal, and the parties were not placed under oath.  It reminded me of the old justice of the peace courts.

Each region has a court of appeals, which consists of numerous judges and is divided between a civil and a criminal branch  The courts sits in panels of three judges.  At one time they had the power to remand cases back to the trial court for further disposition; however, they no longer have that power.  .   I spent an afternoon in an appeals court in Lugansk, and the judges were very friendly, and asked me a number of questions.  The most interesting thing about the process was that the panel freely asked questions of not only the lawyers, but also the clients, and essentially rendered an opinion de novo and not necessarily on the record.

. The judicial system was in a state of flux, and there is some indication they may be adopting a stare decisis system in the next few years, and add a fourth layer of courts.

While in Lugansk ,I had dinner  with  a local ‘advocate’,   Advocates are the only lawyers who can handle criminal cases, They are similar to English barristers, and are considered the trial lawyers of the system. .Only advocates can represent clients in criminal cases. , You need not be a lawyer to represent a person in a civil case, although that seldom happens. .   To become an advocate the applicant need to have several years’ experience as a lawyer, and take an expensive and rigorous examination, both written and oral. By comparison with other lawyers and law professors, they are very well paid… Advocates handle both civil and criminal cases.

Ukraine is an emerging country, and holds great promise for the future.

I again want to thank Dennis for developing this interesting   venture into international diplomacy.  All in all, it was a very interesting experience. You can take a luxury cruise for less, but if you want a truly interesting adventure, this is your ticket.

Herb Friedman, Nebraska attorney shares what you need to know, and the important steps to take when you have an accident with a truck.  Friedman Law offices Truck Accident Attorneys

I’m Herb Friedman of Friedman Law Offices in Lincoln, Nebraska.  Our clients who have been involved in truck accidents, and perhaps sustain an injury, often think the rules regarding large trucks are the same as those for passenger cars. Nothing could be further from the truth. Commercial truck drivers, who drive large rigs known as semis, are required to comply with significantly different rules than drivers of ordinary passenger vehicles. First, they must have a commercial driver’s license that is approved by the United States Department of Transportation.

They must go through training and pass a test and a rigorous physical examination. Driving a multi-ton tractor pulling a 60-foot trailer requires far more skill than driving a passenger car, and when a passenger car collides with a tractor-trailer, there is not much doubt that the passengers in the car are more likely to be serious injured or killed than the driver of the tractor-trailer. (Text: Driver’s Log) Commercial truck drivers are required to keep records such as driver’s log for six months. After six months, that log can be, and usually is, destroyed.

If you are involved in an accident with a tractor- trailer, you should immediately take steps to preserve the driver’s log and other company records. If not preserved, valuable evidence can be destroyed.

If you have any questions, please call Friedman Law Offices, Truck accident attorneys, at 800-876-1093. There is never a charge to find out if we can help you (find out if you have a case). Feel free to leave a comment here on our blog, and use the share button if you know someone who might benefit from this information. Thanks for logging in.