Going through the Process of Litigation and Trial

Cases that are taken to court reasonably have to undergo the proper process. This legal process is known as litigation or lawsuit, wherein the settlement is taken to court to be heard and decided on by a judge or jury. Both criminal and civil lawsuits may have to undergo the litigation process, which can be classified into three steps.
• Pre-trial: Before the trial itself, the plaintiff may want to resolve the conflict outside the court to avoid litigation. If out-of-court settlement is proven impossible, he may now file a complaint before the court and send a copy of it to the defendant, otherwise known as a summon. The defendant has to respond and may choose to settle the case. Arbitration is often ordered to make a compromise, in which a third party helps in settling the case.
• Representation: Choosing a lawyer may be done before filing the complaint, but most complainant get representation when out-of-court settlements fail. Lawyers for both sides review the case’s merit, research legal precedents similar to the case, interview witnesses, and gather facts. Discovery will then take place between both parties’ representatives, where they share information formally through written requests. The process of deposition also allows them to interview the other party's witnesses. Motions are then filed to clarify procedures and resolve disputes before trial. Some evidences are asked to be held back, or a summary judgment is requested for the court to dismiss the case before it continues.
• Trial: Both sides present their evidence during the trial. The plaintiff goes first, along with their witnesses, and then they are cross-examined by the opposing side. The trial undergoes five steps:
o Jury Selection
o Opening Statements
o Presentation of Evidence
o Closing Arguments
o Jury Deliberations
Once the decision has been reached, the losing party may ask the judge to change it. They may appeal the decision and request another court to review the case. Appeals usually prolong the litigation process.
It’s reasonable for people who have no law background or have not experienced going to court before to not know the process of litigation and trial. However, it is highly probable for them to undergo such, even just once in their lifetime. For people who find themselves in the middle of a lawsuit, search for Los Angeles skilled litigators and trial attorneys that will help represent your side in front of the judge or jury.

Taking the Legal Action after a Fatal Car Accident

On August 15, 2010, a 75-year-old man, from Rosemead, died in a car crash that occurred along the Slauson Avenue off ramp of the southbound 110 freeway.

According to reports, California Highway Patrol (CHP) officers found a 1993 Nissan Quest lying sideward at the accident area. The driver was thrown off the vehicle. He was announced dead at the scene.

Authorities said the man was traveling on the off ramp when his minivan suddenly swerved to the left and hit a wall. The vehicle then overturned numerous times before it landed.

This is just one of the many fatal accidents that often happen in Los Angeles. In fact, statistics from the CHP revealed that 268 people were killed while 25,588 others were injured in car accidents that occurred in the state last 2008.

Causes

Many fatal accidents would have been avoided if drivers followed traffic rules. Remember that performing negligent driving actions puts you, your passengers, and the people your encounter on the road in danger.

Here are some causes of fatal road accidents that are connected with driver negligence:

• Speeding- Moving beyond the imposed speed limits increases the risks of a deadly crash because it can make you lose control of your car and collide with other vehicles or crash into stationary objects.
• Drunk driving- Drinking alcoholic beverages before you operate a vehicle can impair your driving skills and reasoning, causing you to do drive recklessly or aggressively.
• Driver fatigue- Not having enough sleep or rest can cause you to become sleepy while behind the wheel and prevent you from acting immediately when you encounter sudden dangers.




Filing a Wrongful Death Case

If your loved one was killed in a car accident that occurred due to one of the causes mentioned above, you are entitled to fight for your legal rights and sue the person at fault in it.

A wrongful death case may be filed in court after a person is killed due to another’s negligence. This case should be filed by an individual who is acting on behalf of all the decedent’s surviving family members who have suffered as a result of the victim’s death.

Acquiring legal help from a personal injury lawyer is necessary, especially if you are not aware of the procedures that are involved in the case. This legal expert will do his best in order to prove that your loved one’s death is caused by the car driver’s fault, thus enabling you to recover monetary damages for all your losses.

The Need for Car Recalls

Car Recalls

The necessity to get rid of dangerous motor vehicles due to car defects is very important, as it is one of the factors of traffic accidents. Without a doubt, there is a need for remarkable development in vehicle safety, and a crucial way to improve safety is by recalling faulty vehicles and equipment.

The Federal Motor Vehicle Safety Standards establish requirements for minimum performance for vehicle parts that most affect its operation, such as lighting, tires, and brakes, or parts of a vehicle that provides protection to occupants from serious injuries or death in the event of an accident, such as motorcycle helmets, energy absorbing steering columns, child restraints, seat belts, and air bags. These requirements are applicable to all motor vehicles and equipment that are imported for sale or manufactured in the U.S. (including the territories), which are certified for use on highways and public roads.

A recall is necessary when:

• A vehicle or part/s of a vehicle does not act in accordance with a Federal Motor Vehicle Safety Standard; or
• There is a defect in the motor vehicle or equipment that is related to safety.

Car Defects

The National traffic and Motor Vehicle Safety Act provides the National Highway Traffic Safety Administration (NHTSA) of the Department of Transportation the right to release vehicle safety standards and to compel manufacturers to recall motor vehicles that has safety-related defects or those that do not meet the standards.

In general, safety-related car defects are problems that exist in a vehicle or equipment that pose a risk to vehicle safety and may possibly exist in a group of motor vehicles or equipments of the same manufacture or design.

Examples of Safety-Related Car Defects

Some examples of safety-related car defects include, but are not limited to, the following:

• Child safety seats with defective buckles, safety belts, or parts that create a risk of injuries, not only in a traffic accident but in non-operational safety of a vehicle as well.
• Air bags that deploy in circumstances wherein they are not intended to deploy.
• Car jacks or ramps that collapse, causing injuries to an individual working on a motor vehicle.
• Problems in the wiring system that result in the loss of lighting or a fire.
• Parts of a motor vehicle that fall apart, break, or separate from the car, causing injuries to individuals inside or outside the motor vehicle.
• Seats or seat backs that unexpectedly fail during normal use.
• Windshield wipers that fail to operate.
• Engine cooling fan blades that unexpectedly break, resulting to injuries
• Wheels that break or crack causing loss of control.
• Accelerator controls that stick or break.
• Problems in the fuel system parts, particularly in its vulnerability to crash damage, resulting in fuel leakage that may cause fires.
• Steering components that unexpectedly break, resulting in partial or total loss of vehicle control.

Getting Help

If you have been involved in a crash due to car defects, it is important to get help from competent car accident lawyers to get the necessary legal assistance.

Car Accidents: When Teens are involved

According to a recent study, the number one cause of death among teens is car accident. Who would even argue with that one? Today, teenage people drive not only for transport means, but also for fashion and lifestyle. Because of this, many teenage drivers do not drive safely and refuse to follow traffic rules and regulations. The following are some factors why teens get into car accidents:
• Many teenagers are beginners – Teenagers who have just learned how to drive make careless mistakes.
• They are fond of drinking and driving – Accidents caused by DUI driving is the leading cause of death in the country today.
• Teen drivers are often risk-takers – Many teen drivers want to test their limits on the road.
• Teens get into accidents because of peer pressure – Friends may force teenage drivers to drive recklessly.
• They are more prone to speeding and tailgating – Many young drivers do not have discipline and consideration for others.
• Teenagers rarely use seatbelts – They want to do things their way.
• Young drivers seldom follow traffic rules and signs – Teen drivers are the youngest law violators today.
If you have a son or daughter who loves driving, you should be strict in letting them drive. As the parent you have the authority to tell them what they should and should not do. You also have the responsibility of reminding them to drive safely. The following are some tips for you to mold your teen to become a responsible motorist:
• Do not let him drive at night – If he is going to a party, let him take the public transport.
• Require him to satisfy a condition first before letting him drive – For instance, you may only let him drive if he gets high grades.
• Ask him to enroll to a defensive driving course – This would equip him with the necessary skills and knowledge about driving.
• Let him pay his own insurance policy – If he is working you can require him to pay at least part of his car insurance policy. This would make him responsible when driving the car.
It all comes down to a good parent-teen relationship. Communication, discipline and guidance are some of the things you need to consider if you want your teen driver to really learn how to drive. As the parent, you are one of the few people who can teach him the mechanics of steering not just a car, but also his life. But don’t expect everything to go smoothly. It would surely be a bumpy ride.

Airbag Use: Protection and Safety Problems

Airbags are being used to protect vehicle occupants from deaths and injuries since they were first introduced in the 1980s. If they are properly used and installed, they can provide a “soft pillow” to both passengers and drivers upon impact. According to statistics released by the National Highway Traffic Safety Administration (NHTSA), frontal airbags saved 13,967 people from fatal injuries between 1987 and 2003.

In addition, statistics show that this safety feature can lessen the risks of death in direct frontal vehicle accidents by at least 30%.

Safety Concerns

Different experts have warned people that airbags can be dangerous if the vehicle occupants failed to use their seatbelts properly. They might be the cause of death or injuries of unrestrained people, specifically children, in the event of an accident. Statistics show that as of October 1999, around 84 children have sustained fatal neck or head injuries because of airbags.

These children were found to be improperly restrained or unrestrained at the time of the accident. Because they are not protected by their seatbelt, they moved close or on top of the airbag as it started to inflate.

In order to avoid deaths and injuries caused by airbags, people should follow these tips:

• Remember that people who are seated in front should be properly restrained by their seatbelt. In addition, they should not lean too close to the airbags.
• Make sure that your child is wearing his seatbelts. Do not forget that airbags are supposed to work with seatbelts.
• Children who are younger than 12-years-old should be properly restrained at the back seat. Meanwhile, infants who weigh at least 20 pounds or less must be placed in a properly installed and rear-facing child safety seat.


Injuries Caused by Defective Airbags

In general, airbags are manufactured to become an additional safety feature in vehicles. Cars that have airbags were considered to be much safer compared to cars that only have seatbelts.

However, experts found out that airbags can become the cause of injuries during an accident, especially if they possess certain defects.

Airbags are supposed to deploy or inflate upon impact. Defectives ones may cause harm to people when they suddenly deploy even if there is no accident. When this situation happens, drivers can lose control of their vehicle and trigger a road crash.

Defective airbags can also fail to deploy when needed, thus causing the driver to hit the steering wheel upon impact.

Winning Your Case by Choosing the Right Personal Injury Lawyer

If you were injured in an accident, it is natural that you would want the person at fault to compensate you for your medical bills and lost wages. Taking the legal action may be complicated, especially if you are not yet fully recovered from your injuries. Fortunately, working with a personal injury lawyer will lessen your legal problems.

The only problem that you may likely face is finding the lawyer who will represent you in court. You should be careful in choosing the person who will be responsible in handling your case because your chances of winning it and recovering monetary damages depend on him.

Here are two ways on how you can find a personal injury lawyer:

• Browse the Internet- You can find a law firm that handles personal injury cases by browsing the internet. Before you acquire the legal services of a certain lawyer, you should first talk to him and see if he has the skills you are looking for.

• Ask for a referral- If you have a family member who was recently involved in a court battle or any legal proceeding, you can ask him if he is satisfied with his lawyer’s performance. If he is, you can ask him to give you the name, contact number, and office address of this legal expert.

Meanwhile, if you have a friend who is a lawyer, but is practicing in a different field, you can seek his advice and ask him if he knows someone who can handle your case.

Paying Your Attorney

You should not hesitate to seek legal help, even if you do not have enough money for it. Remember that personal injury lawyers usually take a case on a “contingency fee basis.” In this set-up, you will not be asked to pay for your lawyer’s services right away.

This legal expert will only be paid after you have recovered monetary damages from the party at fault in the accident. If you were not able to win the case, both you and your lawyer will not receive any money from the defendant.

The amount of money that your lawyer will receive depends on different factors like his location, the type of case he is handling, and collection risk.

3 Torts Used in Personal Injury Law and their Elements

Personal injury law is different from criminal law.
What criminal law deals with are wrongdoings that should not be acceptable to a civilized society.
The penalties in criminal cases are usually fines or imprisonment.
Personal injury meanwhile, deals with the civil wrong done by one person to another.
The aim of personal injury law is to have a person who have committed a harmful action be held liable for the damages he caused.
In personal injury law, there are three general torts that allow a person to recover compensation for the injuries he incurred from the liable party.
Those are:
Intentional Tort
This refers to wrongful acts that are committed willfully and deliberately.
In intentional tort, you have to prove the following elements:
• The wrongful act was done willfully with the knowledge that it ca lead to injury
• The intentional acts proximately caused the injuries
• The victim sustained damages due to his injuries
Examples include:
• False imprisonment
• Battery
• Assault
• Defamation of character
Negligence Tort
To know if the defendant was negligent in his actions (or inaction) the jury or judge will look at how a reasonable person would have acted in a similar situation.
If the defendant’s actions fall below that standard, then it can be said that he failed to exercise due care and prudence in his actions.
In negligence tort, you have to prove the following elements:
• Duty owed
• Breach of duty
• Breach of duty proximately caused the plaintiff’s injuries
• The plaintiff sustained damages due to his injuries
Strict Liability Tort
California is one of the US states that recognizes strict liability in product liability cases.
Under this doctrine, plaintiffs may recover damages regardless if the defendant was negligent or not.
In this tort, the manufacturer can be held liable for damages as long as the plaintiff can prove the following elements:
• There is an in inherent safety defect in the product
• The product was used for its intended purpose
• The safety defect proximately caused the plaintiff’s injuries
• The plaintiff sustained damages due to his injuries.

5 Celebrities Arrested for DUI

Arrests because of drunk driving have been a staple in Hollywood for as long as one can remember. Celebrity DUI arrests always make it to the headlines, but it seems that ordinary people, even their fellow stars, never learned from the mistakes. Here are some of those stars who received punishments for their transgressions behind the wheel.
• Charles Barkley – The former NBA player was arrested for DUI in Scottsdale, AZ after running a red light. He was proven drunk through sobriety and blood test after refusing to a breath test. His BAC level was at .149, almost twice the legal limit of .08. The odd reason he gave as to why he was speeding down the road is what made the arrest controversial.
• Keifer Sutherland – TV’s Jack Bauer has been arrested twice for DUI. In November 2004, authorities found that his BAC was at .22. He served five years probation for it. Then in September 2007, he violated that said probation by drunk driving again.
• Lindsay Lohan – Hollywood’s current wild child has been caught for DUI twice too. In May 2007, she crashed her car in a curb. Cocaine was found in her car, though she denied that it was hers. Then, less than a month later, she again wrecked her car. This time she had a BAC of .12 and a small amount of cocaine on her pants pocket.
• Mel Gibson – The Oscar winner has been arrested for DUI back in 1984. However, it’s his second arrest in July 2006 which made the headlines. He was pulled over in Malibu for speeding and failed the sobriety test. What made the arrest notorious were the racist and offensive comments he told the officers who caught him. He was sentenced to three years of probation, fined $1,300, had his license suspended, and obliged to attend alcohol-abuse programs and meetings.
• Paris Hilton – In September 2006, the heiress was pulled over for erratic driving and later on charged with DUI after hitting the BAC limit. She was sentenced to three years of probation and a slew of other penalties. However, when she violated that probation two months later, she was ordered to go to jail for 45 days, though she only stayed for 23.
These arrests prove that anyone who disobeys traffic laws is subjected to punishments, even if they are rich and influential.

Rollover Accidents: Crashworthiness and Defects

A car accident can certainly leave devastating effects to the vehicle itself and to its occupants. People can get injured severely, which may lead to a long term disability – or worse death – while the vehicle can get wrecked. According to Hugh De Haven, Father of Crash Survivability, there are certain principles that car designers and manufacturers should take note in order to minimize injuries during a crash.
• The car should not collapse under reasonable or expected force.
• Car structures should be strong enough to be able to absorb the force of a crash.
• Passengers should be immobilized within the vehicle and restrained.
In order to check these principles, a crashworthiness test is done before cars can be made available to the public. Sadly, not all manufacturers test their cars before selling it out. They are also reluctant in adhering to the principles because it may make the production of the car more expensive. Such negligence causes accidents due to defective car parts, one of which is a rollover accident.
Rollover accidents occur when a vehicle, more commonly an SUV, truck or van, trips over an object or an uneven pavement on the road, causing it to tip over. Other reasons behind a rollover include:
• Turning quickly or sharply. This makes the vehicle’s center of gravity higher, making a rollover to likely occur.
• A vehicle falling down an edge.
• When it is side-impacted by another car during a multi-vehicle crash.
Like what was mentioned earlier, car defects are one of the primary reasons behind a rollover crash. The most common vehicular defects associated with rollover accidents are the following.
• Roof crushing: In 2008, the Insurance Institute for Highway Safety reported that roof weakness is a contributing factor in deaths or injuries in a rollover. The government requires that cars should “sustain no more than 5 inches of crush while supporting 1.5 times the vehicle's weight.” But some car manufacturers claim that there is no correlation between the roof’s strength and the injuries sustained.
• Restraint failure: Many states have mandated laws on wearing seatbelts for safety. However, during a rollover crash, a defective seatbelt may malfunction. It may unlatch or the belt retractor may fail. Any defect on the seatbelt may release the person, throwing him off a rolling car.
• Brake failure: Unresponsive brakes can cause a rollover accident, especially when a car does a quick or sharp turn.

What are the hazards of UTV and its liability to Users

Utility task vehicles or (UTVs) have been initially introduced in the market as farm equipment. It was intended to aid farmers in navigating through fields and speed up farm work load. However, due to its unique qualities and usefulness, UTVs also gained popular use in sports and recreation. .

One of the most popular UTV is the Yamaha Rhino UTV. It has two seats, a steering wheel, small tires, and narrow wheelbase. However, its high center of gravity has raised safety issues on roll over hazard. Even a controlled speed of 15 mph can trigger roll over on a flat terrain.

The lack of safety doors, roof, windshield, and safety features have caused numerous fatal accidents. The body is exposed and the heavy weight of the UTV can result in severe bone fractures and multiple injuries.

At least 30 users sustained fatal injuries, according to the United States Consumer Product Safety Commission (CPSC) report.

In 2009, Yamaha Rhino issued safety recall to about 120,000 UTVs. Yamaha has offered free recall to Rhino 450, 660, and 700. Rhino 2008 model was also recalled due to faulty brake system.

Other UTV models are:

1. Honda Big Red
2. Polaris Ranger
3. Kawasaki Mule

If you are injured in a UTV rollover accident, you may seek sources of recovery. One way is to file a Product liability claim. In asserting product liability, you have to prove that the manufacturer failed to ensure the safety of its customer by preventing or correcting potential and known hazards on the automobile.

You will need to establish any of these theories of product liability:

1. Design defect- This is the error during the planning stage of the vehicle. The manufacturer failed to reject or redesign a hazardous vehicle model.

2. Manufacturing defect- This is the error during the production stage of the vehicle. The manufacturer failed to abide with existing federal quality and safety standards.
3. Marketing defect- The manufacturer failed to publish materials that will inform users on the potential or known hazard of the automobile. The manufacturer also failed to post warning labels on the product to avoid injury due to accident.

You will have to present the following examples of evidence to prove your case:

1. Photos from the accident scene
2. Debris from the defective auto part
3. Medical records
4. Copy of purchase agreement and warranty

You will have to establish the fault by asserting that the manufacturer has a duty to ensure your safety as a user, yet he/she failed to fulfill such duty, causing an accident, leading to your injuries.

Consult with a Product liability lawyer in Los Angeles to help you file the lawsuit.