Los Angeles Personal Injury Attorneys

Thursday, April 29, 2010

How to Avoid Having Defective Car Seat Products

Any vehicle would not be complete without a car seat. This component ensures that the passenger is sitting upright comfortably. But do you know that car seats also secure the safety of every car occupant? Seatbelts in car seats ensure that the seat passenger would not be ejected from the vehicle in case it gets involved in an accident.

However, there are some seats that have car seat product defects. How can this happen? Oftentimes, car seat product defects can be found on car seats that are specially manufactured for babies, young children and toddlers. These types of car seats are different from pre-installed seats that the vehicle manufacturer installed in their products.

If you have bought a specialized car seat for your baby or child, you have to make sure that it does not have any car seat defect. Consider the following factors to identify possible car seat defects:


• Read the product’s manual, read installation instructions, and make sure that all seat components are present.

• Find out if the car seat product has already been recalled. This means that the manufacturer has already made the necessary repairs to ensure your child’s safety. If you are not sure whether the car seat has been recalled or not, you may contact the manufacturer or any agency in charge with product recalls.

• Check if there are defective seatbelt buckles.

• Make sure the seat has enough seat padding for your child’s comfort during bumpy trips.

• Determine if it can support your child’s weight and height.

Having a car seat product defect is definitely bad news. In the event of such, you should contact the manufacturer immediately and ask for a recall. They may send a representative to check their product and perform certain tests. If the defect was caused by a lacking component, the manufacturer may conduct a free repair of your car seat. However, if the defect was caused by the car seat’s design itself, a product recall should be made.

As a parent, you can also ensure the safety of your child by doing the following:


• Setting a good example as a driver.

• Pulling over whenever your child needs to be taken care of.

• Not taking the child out of the seat when the vehicle is moving.

Indeed, car seats will make trips safer for your children. But still, nothing beats the care and protection that a parent can give to his/her child.

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Tuesday, April 27, 2010

Rail Safety Improvement Act: Minimizing Metrolink Train Accidents

Through the years, trains have emerged as one of the most trusted means of transportation around the world. From its early beginnings as a locomotive running on steam, trains have developed into a complex freight or passenger vehicle that operate on electricity or diesel fuel.

Metrolink is a commuter train system in Southern California that has lines in Ventura Los Angeles, San Bernardino, Riverside, San Diego, and Orange County. In a heavily populated state like California, traffic jams certainly happen, so a railroad system is useful for commuting passengers.

However, be it on the road or up in the air, vehicular accidents still happen. Trains are susceptible to accidents like collision with another train or with other vehicles and derailment. A good example is the 2008 Chatsworth collision between Metrolink and Union Pacific. The two trains crashed head-on at the Ventura County rail line. The tragedy caused 25 deaths and 135 injuries. Total cost of the accident amounted to more than $7 million. The Chatsworth disaster is considered the worst among the reported Metrolink train accidents.

The said tragedy prompted the Senate Commerce and House Transportation and Infrastructure committees to persuade the United States Congress into developing a new law regarding railroad safety. More popularly known as the U.S. Rail Safety Improvement Act of 2008, the bill was signed by then-president George W. Bush into law on October 18, 2008, with an implementation deadline of until 2015.

The provisions included on the law are divided into different aspects:


• Hours of service – This aspect includes the employees’ time on duty and limbo time. One of the provisions states that an employee “may not remain or go on duty unless the employee has at least 10 consecutive hours of undisturbed rest during the prior 24 hours” except during emergencies or if the U.S. Secretary of Transportation waives it.

• On Duty Injuries – It states that employers have to provide the injured employee transportation to the nearest hospital. The employee may demand to be relieved if he needs additional treatment, like counseling or physical treatment, after an accident.

• Training – According to the Federal Railroad Administration regulations, all employees have to undergo training.

• Alcohol and Drug Testing – Railroad shall conduct scientifically recognized method of alcohol and drug testing. If an employee prefers to, then he may challenge whether the process should be accepted or not.

• Positive Train Control (PTC) – Class I and intercity passenger and commuter railroads are required to install PTC on their main line tracks.

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Thursday, April 22, 2010

The Role of Parent – Teen Communication in Road Safety

Children nowadays seem to mature earlier. A rite of passage that kids seem to be most excited about is learning how to drive. Parents need to be open with their teenage sons or daughters when it comes to the do’s and don’ts of driving to teach them how to avoid getting involved in car accidents. Parent – teen communication is the key to any issues kids face as they are growing up, because parents are more knowledgeable and experienced. They know the feeling because they once went through the same issues too.

According to a research conducted by Aviva Insurance in UK, “17 percent of young drivers are more likely to pass their driving test in their first try if they practiced with their parents” and that those who did not “had an accident that required an insurance claim within the first year of passing the driving test”. A study in Oregon in 2005, meanwhile, concluded that the crash, traffic conviction, and driver suspension rates are lower among 16-19 year old drivers who had “100 hours of driving practice with their parents”.
In the US, the number of fatalities from car crashes involving teenagers (15-20 year olds) for 2008 totaled to 6,428.


Reasons why teens are vulnerable to Vehicular Accidents:


• Lack of experience: They are not yet familiar about handling dangerous driving conditions and the machine they are operating.


• Thirst for exhilaration: Teens are open to challenges, and so they take risks regardless of what the situation is, and that includes driving. They would try driving at night, over-speed or refuse to put on a seat belt.


• Development: Studies show that the decision-making component of the brain is still developing, so the teenagers’ ability to react to the driving environment is still slow.


• Driving with fellow teens: A common reason why kids learn to drive is so that they can drive around with their fellow teenager friends. Putting a bunch of kids inside a car can get dangerous, especially if they all have the same perception about driving and end up being reckless. Conversations and commotions inside the car can also distract the driver.



Parents have to keep in mind that they are still the best teacher for their children. In order for their teenage sons or daughters to be responsible behind the wheel, the best way is for the elders themselves to be responsible. Be a good model to your teen drivers and they will definitely follow your lead.

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Tuesday, April 20, 2010

Determining Liability in Tour Bus Accidents

With many sights to see and places to visit in Los Angeles, tourists from other states or countries often get around with the use of tour buses. It is a convenient way for them to have an organized and programmed tour so they can see as many attractions as possible and enjoy their visit.

Unfortunately, some tour bus trips can take a dangerous turn. In LA, dozens of tour bus accidents have occurred, leaving hundreds of people dead and even more injured. Here are some of the most common causes of tour bus accidents:

• Driver Fatigue – Similar to a fatal bus crash in Little Rock, Arkansas which killed 14 people and injured more than a dozen, bus drivers falling asleep on the wheel is one of the leading causes of bus accidents. Because of the need to keep up with the schedule or the tour program, some bus drivers end up driving all night and without backup.

• Driver Distraction – There have been several accidents involving distracted bus drivers. A growing number of these cases involve drivers who text on their cell phones while operating the vehicle.

• Driving Under the Influence – Many drivers still continue to abuse drugs or alcohol even when they know they have to operate a motor vehicle. DUI for tour buses however, can prove to be even more disastrous than a drunk driver in a sedan. Impaired bus drivers often display poor judgment and can over-speed, violate traffic laws, and lose control of the vehicle.

• Lack of Experience of Drivers – Driving a bus is not like driving a car, aside from having more blind spots, drivers should have been properly trained before they can operate a bus. Their lack of experience and training can result to fatal errors like accelerating instead of braking.

• Bus Defects – The defect can be inherent, such as manufacturing defects or dangerous design but a large number of bus accidents was traced to poorly maintained or old and dilapidated buses which are used for tours and travelling.

As seen from above, majority of tour bus accidents can be attributed to driver error. The findings from the investigation of a fatal tour bus crash last year in Soledad which killed and injured several French tourists prove this point further as the driver’s actions were indicated as the proximate cause of the crash.

Since buses are considered common carriers, under the law, common carrier is held absolutely liable for any damage to good or injury or death to a passenger. Employers or the operator of the bus can be sued for compensation even if the damage was caused through the negligence of the employee.

While getting compensated for any injury or damage may seem easy when it comes to common carriers, take note that such may not always be the case for tour buses. Tour buses depending on its operation, may either be a private carrier or a common carrier. A tour bus can be considered a private carrier if it provides private charter transportation to any customers that hire them.

When dealing with tour bus accidents, it would be best to hire a tour bus accident attorney or a bus accident lawyer who can take charge of filing the proper and appropriate claim for you so that you can recover the right compensation for any injuries or damage you suffered.

Friday, April 16, 2010

How to Prevent Los Angeles Big Rig Accidents

Large cities such as Los Angeles are home to the deadliest and most dangerous collisions in the country. Crashes involving big rigs happen usually because of negligence on the part of the driver or trucking company. Los Angeles big rig accidents can still be prevented only if proper measures are carried out. The following are some guidelines for both truck drivers and owners:


Before Driving

• Route planning – Ensure that the big rig can pass by the roads included in the truck route. Avoid low bridges and narrow streets in the route that will limit the truck’s movement.

• Cargo should not exceed the truckload limit – Cargo transport is a truck’s main purpose. However, carrying too much cargo might just lead to an accident.

• Measure the height of tractors and trailers – Ensure that there will be no over-height situations where the trailer is taller than the tractor or vice versa.

• Use proper restraints like chains, ropes, etc. – This will secure the cargo and prevent unnecessary movements that may cause sudden change in the truck’s center of gravity.

• Have your trucks checked by the National Highway Traffic Safety Administration (NHTSA) – This is a requirement for every trucking company. If your truck failed to satisfy the NHTSA requirements, you need to conduct the necessary repairs or installments.

• If necessary, have the truck escorted to its destination – This only applies in certain states where the truck needs protection from thieves and criminals.

While Driving
• Drive carefully and defensively – This is the best way to avoid getting into an accident.

• Always check your mirrors – Truck drivers should be well-versed in looking at areas that are difficult to see.

• Remain near or at the speed limit – Remember that driving too slowly is as dangerous as driving too fast.

After Driving
• Check the truck’s condition – Look for defects or broken truck components immediately after driving it. If there are defects, inform your employer or trucking company right away.

• Keep it in a secured and closed garage – Having a secured storage will keep away thieves and vandals from stealing or damaging parts of the truck.

Knowing these tips is just the first step in accident prevention. Aside from knowing, you should also apply and practice these tips to minimize the number of Los Angeles big rig accidents. While you cannot completely prevent accidents from happening, at least you did your best not to get involved into one.

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Wednesday, April 14, 2010

A Contractor’s Guide to Prevent Crane Accidents

Cranes are large machines that provide valuable help to construction employees in lifting heavy equipment and materials. However, these machines can also cause devastating damage, severe injuries, and even death. Studies show that about 60 percent of all construction accidents could have been prevented if contractors have conducted an improved construction planning. If you are a construction project contractor or administrator, you should be familiar with the common causes and types of crane accidents such as:


• Crane collapses or failure – These are often caused by hydraulic mechanism failures and sometimes by metal fatigue.

• Inadequate lifts – Insufficient machine inspections usually cause these situations.

• Inadequate fall protection for elevated workers – In any construction site, there should be safety nets that will serve as protection for elevated employees.

• Falling debris accidents – There should be a firm regulation ensuring that everyone wears a hardhat within the construction area.

• Lack of warning signs around danger zones – Some employees may be unaware of dangerous areas and equipment. Administrators should post proper warnings and notices in visible areas to prevent accidents.

• Electrocution – This occurs when crane booms hit power lines or electric generators. Contractors should make sure the working area is away from such dangers.

• Operator negligence and fault – Operators who lack expertise and experience often cause crane accidents.

Knowing these causes, you can now map out a plan to reduce the risks of crane and other construction accidents in the site. Remember that you will be held responsible for any injuries and damages that your employees will acquire when they are at work. The following are some guidelines that you should think about if you want to make the construction site a safer place for all.

• Consider if the weather is fit for crane operations. Rainy and snowy weather may obstruct the view of crane operators.

• Secure loads before lifting. Make sure that ropes or chains are tightly secured to prevent falling debris.

• Ensure that the equipment underwent maintenance. This is especially important for cranes and machines that are often used and devices that perform crucial construction work.

• Crane design, materials and construction should pass the standards of the Occupational Safety and Health Administration (OSHA).

Once you have taken necessary actions to handle these factors, crane accidents will less likely happen in your construction site. The OSHA presents guides for employers and contractors to avoid crane and other types of construction accidents.

Monday, April 12, 2010

Owner’s Liability in Dog Bite Accidents

Millions of people own a dog, thinking that this animal can provide them with security. However, in some instances, this purpose backfires when dog bite accidents occur.

Many states have already implemented a “strict liability law,” which attaches liability to dog owners when their pet suddenly attacks or bites someone. They will be held liable even if they have done everything they can to restrain it or protect people from it by putting up signs or fences.

However, this rule is not applicable in every situation wherein dog bites happen. Owners will not be responsible if their pet attacks a trespasser or a veterinarian who is trying to treat it.

Dogs should be properly trained and secured, especially if it has violent characteristics. Failure to do so can lead to different injuries including the following:

• Strain or sprain injuries
• Lacerations
• Abrasions
• Fractured bones
• Crush injuries

Serious injuries may be sustained from dog bites because this animal has rounded teeth, which can cause significant damage to a person’s nerves, blood vessels, muscles, skin, and bones.

Dog bites are not unusual, considering that around 75 million dogs are currently living in the United States today.

Preventing Dog Bites

People should be careful whenever they are dealing with or approaching dogs because a single mistake that they make can lead to an attack. Here are some tips that can help people stop or prevent dog bites and attacks:

• Do not disturb dogs that are sleeping or eating.
• Do not panic if you are near a violent dog because it might prevent you from thinking logically, thus decreasing your chances of leaving the area unharmed.
• Do not do anything that can excite or anger the dog.
• Do not invade a dog’s territory because it will consider this move as a threat.

Meanwhile, here are some tips that can help dog owners make sure that their pet will not hurt other people:

• Teach your dog different commands like no, stay, come, and sit.
• Be alert and watch out for signs that your dog is behaving aggressively or is uncomfortable.
• Do not let your child play near it because they might accidentally hurt it.

If owners were unable to stop their dog from attacking someone, they should immediately do the following:

• Check if the victim is injured.
• Restrain and confine your dog immediately.
• Provide your name, address, and contact numbers to the victim.
• Follow local ordinances that cover dog bites.

Tuesday, April 6, 2010

Brake and Tire Failure Causing Truck Accidents

Vehicular accidents involving trucks almost always result to serious injuries and massive damages because of the weight and bulk of the said vehicle. These accidents that are usually caused by mechanical failure have claimed many lives through the years.

Trucking accidents caused by brake and tire failure have resulted to millions worth of damages and injuries to vehicle occupants. These accidents could have been prevented if only the liable party had been cautious in maintaining the truck’s good working condition.
Brake Failure
Brake failures are often discovered a little too late as the driver’s desperate efforts to apply the brakes to prevent collisions will be futile. A study shows that 29.4% of all trucking accidents are caused by defective brakes which may be the result of the negligence of these parties:
• Driver – Drivers often depower the front brakes in order to minimize the expenses in replacing tires and brakes. This can result to accident as the brakes of the trailer will be the only one working in slowing down or stopping the vehicle.

• Brake manufacturers -- Brake manufacturers should be able to conduct tests and consult with experts to prove the efficiency of their product. This way, they can be assured that they would not face liability for manufacturing a defective product.

• Truck owner / operator – They should be the one to keep the good working condition of the truck so as not to cause accidents that can result to big amounts of damages.

Victims of truck accidents caused by defective brakes must avoid negotiating with the truck company before consulting with a trained personal injury lawyer who can determine the amount of damages that should be compensated.

Tire Malfunction

Defective tires are as much dangerous as brake malfunctions. Owners and operators of trucks must make sure to inspect each tire before the truck is driven onto long trips.

They must replace worn out tires so that it would not jeopardize the safety of the driver, its cargo, or any motorist on the freeway.

As with brakes, tire manufacturers should also make sure that their products are of good quality before releasing it to the public in order to avoid liability that will destroy the company’s good reputation.

Aside from checking the good condition of trucks, drivers must also make sure that their load is safely attached and that they will not exceed the speed limit so that they won’t encounter problems in controlling the vehicle.