Los Angeles Personal Injury Attorneys

Why Taking Notes is Your Key to Win an Accident Lawsuit

2010-11-24T17:14:00.000-08:00

When people are injured or involved in a car accident, the least that they think about is to take notes. Police officers are often seen as the ones holding a pen and paper to record what happened. Only later do involved parties request for a copy of police report to be used in formal litigation.

Such scenario can be changed, if you keep in mind the importance of gathering facts at the accident scene. Notes can be used as a basis for further investigation and type of lawsuit to be filed in the court. If you have detailed notes, these can help you unravel the specific cause of accident.

Taking notes can also help you ensure a winning Personal Injury lawsuit. Here are more reasons why:

1. Taking notes help you identify and remember the name and whereabouts of the person/s that caused the accident. It also helps in recording the defendant's contact number, insurance company information, and name/statement of witnesses. If you are able, get thorough information while the accident scene is still preserved.

The information that you have gathered will be of utmost benefit when you file a Personal Injury lawsuit afterwards.

2. Taking notes can lead to other truths in the accident. If you have written down the essential facts in the accident, it can shed light to investigative questions and help in accident reconstruction.

Even a simple observation of back pain can be a basis for your claim on spinal cord injury at a later time. A note on the car's busted tire can lead to specific Product Liability claim.

3. Taking notes can help in contesting the defenses of the other party. When the other party presents legal defenses against your allegations, your lawyer can use the first hand observation (your notes) as key evidence for strengthening your claim.

4. Taking notes can help you gather first hand witness statements. If you are able, solicit statements from residents nearby who have seen the car collision. Write carefully the details of the interview, including the time, location, distinguishing features of the road and cars, and possible causes of accident.

5. Taking notes can help as a basis for computing property, economic and non-economic damages. Your written observation on the specific car damage such as busted tire, broken window, or faulty gas accelerator can substantiate your computation for car damage settlement.

Your notes on the direct financial effect of the injuries and losses on you and your family can help your lawyer in computing the actual losses and assert damages.

Consult with a Los Angeles personal injury lawyer to help you file the accident lawsuit.

Safe Car Driving Practices: Do's and Don'ts

2010-11-22T17:41:00.000-08:00

For every 14 seconds, a car crash occurs in United States, according to National Highway Traffic Safety Administration (NHTSA).

Car crashes have been the leading cause of serious and fatal injuries for years. It has resulted to financial difficulty for families, loss of enjoyment of life, and even loss of a loved one.

The NHTSA has issued safe driving practices for motorists traversing US highways.
Here are some of the guidelines:

Do's

Do pay attention on the road, traffic signals, other vehicles, and pedestrians.

Do wear your seat belt.

Do follow traffic rules.

Do abide with speed limit, especially when approaching school zone, market, park, and other public places.

Do place children in safe buckled seats. Make sure baby seats are in good condition and appropriate for the size, weight, and age of the child.

Do respect the rights of other motorists on the road.

Do give way for pedestrians who are crossing the street.

Do allow bicycles to have space and time for making a left or right turn.

Do pay your parking obligations on time.

Do maintain an emergency kit inside your car. It must contain the following: flashlight, matches, mobile phone, water, first aid medicine and supplies, blanket, and food.

Do keep a spare tire and a working jack inside your car.

Do maintain a regular car inspection to correct early signs of defective auto parts.

Do keep a map inside your car.

Dont's

Don't text while driving. In most states, including California, texting while driving is a traffic law violation. Use hands-free cell phones when you need to keep track on sales call. Pull over to the emergency lane when you need to type and send a message. It only takes five seconds of distraction to cause a collision.

Don't play loud music on the road. Loud music can hinder you from hearing traffic signals. Loud music can be a distraction and affect other motorists on the road.

Don't exceed the speed limit when traversing public roads. California law requires 0.08 percent Blood Alcohol Content (BAC) limit for motorists. Minors are required to abide with the zero percent BAC limit. Pay special attention when young children are crossing the street. Double check all vehicle sides as children sometimes run onto the rear side of the car.

Don't violate any traffic rules. A single speeding ticket will reflect on your driving history. It can also affect your insurance premium and other driving privileges.

If you are involved in a car accident, consult with a personal injury lawyer in Los Angeles to help you decide on legal options.

Factors in Determining Personal Injury Settlement

2010-11-18T17:41:00.000-08:00

The plaintiff in a personal injury claim would naturally want a huge amount of compensation for the injuries he incurred. However, the defendant and/or his insurance company would prefer to have a smaller settlement. This is where the complexity of the seemingly simple process of claiming damages comes in.

In a personal injury case, the plaintiff has the right to ask for damages or monetary compensation for the person legally responsible (defendant) for the accident which caused the injury. Damages are awarded in order to reimburse the expenses that resulted from the accident and injury.

Settlement to determine the amount of compensation may be done outside or before the court, though the defendant prefers it outside in order to pay less expensive damages and limit the distress of time consumption. There is no minimum or maximum personal injury settlement, but the plaintiff can take advantage of some factors that can make his demand convincing.

1. Length of recovery: Minor injuries will take shorter time to recover compared to serious ones. The longer the length of recovery, the longer the time of pain and suffering as well. Make sure to regularly visit the doctor and note in medical reports the length of the injury’s recovery.

2. Permanent injuries: Injuries may have side effects or what is also called residual injuries, which may not be immediately apparent but can still be greatly damaging. Asking about the possible complications beforehand can make the plaintiff’s claim stronger.

3. Medication: The attending physician can prescribe some medicine for the injury. Emphasize this in the claim, because it implies that the pain and suffering are still present. Stronger medicine and longer length of medication could mean higher settlement, but make sure to state the purpose of medication.

4. Physical and emotional pain: Different types of injuries can have different effects in the life of the plaintiff. Document the impact of the injury, physically and emotionally, maybe through a journal. It is important to determine how the injury limited the plaintiff’s functions and the problems it caused.

5. Any life disruptions: Missing an important life event due to the injury falls under emotional impact, which should also be compensated. The value of the meaningful event missed depends on its significance to the injured. Uncommon events usually are more special and significant.

Consult with a personal injury lawyer to help determine the exact amount of compensation for each type of damages that can be recovered.

Steps to Mental and Emotional Recovery after an Accident

2010-11-16T16:53:00.000-08:00

Depending on its severity, an accident can derail a person’s life. If you end up being injured, you cannot easily return to your usual, everyday routines. Your capabilities will also be limited due to the injury and you cannot go to work regularly. Any properties that were damaged will have to be replaced and that would mean spending more aside from the medical and insurance expenses.

But more than the financial loss or physical injury, you have to deal with the mental and emotional anguish brought about by the accident. Being in a car accident or even just witnessing one can be very traumatic.

Follow these steps to car accident recovery in order to get back at your feet faster.

• Talking would help you get through the trauma. Speak with a counselor or professional, or join a support group. Getting help will allow you to convey your feelings and share with other people what happened. You may also want to confide with a close friend or family member who has experienced the ordeal in order to clarify the events and make sense of the accident.

• Be honest with yourself if you know that you are at fault. If the primary cause of the car crash was found to be your alcohol or drug problem, or anything that could have been prevented, then the accident may be considered a wake-up call for you to get help or to learn how to take precautionary measures. If the cause was unpreventable and nothing could be done to avoid it, you should accept that no one was at fault for it, not even yourself.

• Learn to face your fears. After a car accident, you may find it hard to drive or be in a car again because of the trauma. To get pass this fear, take short drives with a friend or companion at first. Then, slowly add distance to your trip.

• It’s normal to feel regretful over what happened, especially if you were fully or partially responsible for it. Feeling remorseful will not help the situation though; it can even make you feel more depressed. Just learn from what happened and try not to make the same mistakes again.

• No matter how grave or traumatizing the past was, don’t forget to focus on the present. “Seize the day,” as the saying goes, and do not dwell on the past. Otherwise you can never move on from what happened.

• Bills, insurance claims, and other transactions can be frustrating. Take it easy and do not deal with them all at the same time.

Essential Facts you Need to Know About Uninsured Motorist Coverage

2010-11-11T16:23:00.000-08:00

California law requires every motorist to have a proof of financial responsibility. One way to obtain this is to purchase an insurance policy. However, some motorists refuse to abide with this law and cause road hazard.

The National Highway Traffic Safety Administration report showed that most vehicular accidents involved drivers who lack insurance. No matter how careful you are on the road, chances are an uninsured driver can ruin your life.

Here are essential facts that you need to know on uninsured motorist coverage:

1. Uninsured motorist coverage is designed to compensate an injured person caused by a driver who lacks insurance. When the car owner's family members sustained injuries in a vehicular accident, coverage also applies.

Insurance companies are mandated by law to have uninsured motorist coverage included in the policy. A client can choose to waive this through a written agreement. Policies designate such coverage by letters "UM".

2. Your immediate family members are also covered by your purchased UM insurance policy. Your spouse, children or legal dependents can receive compensation for injuries or losses from an accident. Even if your children are studying away from your town, they can still be covered.

Uninsured motorist coverage applies even to passengers, pedestrians, bystanders, bicyclists, and motorcycle riders. The person doesn't have to be a driver in order to avail of UM policy. Insurance companies will only look at the lack of insurance policy of the negligent driver who caused your injuries.

3. Uninsured motorist coverage applies once the accused driver has no available insurance or lack sufficient financial resources. This coverage applies to cases of felony hit-and run cases.

If the accused driver has insurance policy, yet insufficient to cover your medical needs; your policy will cover for the rest of amount. For example, the accused driver only has $30,000.00 UM policy and you have $100,000 worth of UM coverage; your insurer will pay the rest of $70,000.

4. Your insurer will pay for your economic and non economic losses. Your insurer will compensate you for your medical expenses, loss income, and pain and suffering. You may have to submit related documents to process your claim. These include results of laboratory exams, diagnosis, summary of medical treatment received, pay check, and apportioned value for emotional loss.

Uninsured motorist (UM) coverage helps you recover damages for your injuries and losses caused by the driver who lacks insurance to compensate you.

If you or your family is injured in a vehicular accident, consult with a Personal Injury lawyer to help you decide on which legal actions to take.

2 Types of Negligence Damages Awarded in Car Accident Cases

2010-11-08T23:39:00.000-08:00

There are millions of car accident injury claims filed in the United States every year.

Usually, these cases cite driver negligence as the basis for their claims such as DUI, speeding, reckless driving and distracted driving.

Once their claim is approved, they will be awarded negligence damages or compensation for the loss the claimant sustained due to the negligence of the driver.

These negligence damages are normally referred to as compensatory damages.

Under this principle, the law aims to bring the claimant back to a position where he or she should have been if not for the injuries he or she sustained from the car accident.

Of course it is not as simple as that since there are things that cannot be given back.

Generally there are two types of compensatory or negligence damages, and those are:

Economic Damages

These are losses that the claimant sustained that automatically has a monetary value.

These are easier to compute because there is usually evidence that shows the exact amount lost.

Some examples of economic damages include:

• Medical bills and expenses – This includes medical treatment, doctor’s fees, rehabilitation, medications and hospital fees.

• Disability expenses – These refers to adjustments that will be made by the claimant to cope with a disabling injury such as house renovations to make it wheelchair friendly, in-home nurse, etc.

• Lost income – These refers to hours or days missed from work, or a claimant actually losing his or her job due to the injuries. This can be computed by reviewing the hours worked in a week and the hourly rate of the claimant before the car accident.

• Property damage - This refers to damages that your car sustained due to the collision; this will also include the properties that were damaged inside the car.

Non-Economic Damages

Now this is where it becomes more complicated. As said before, the aim is to bring the claimant back to where he was before the accident but that is sometimes not possible because what they lost are not tangible things.

What the courts or the insurance company will do is assign an appropriate monetary value for those losses instead.

Some examples of non-economic damages include:

• Pain and suffering – These are compensation for actual physical pain and emotional distress such as frustration and fear.

• Loss of consortium – This refers to losses sustained by a spouse such as lost affection, companionship, comfort and even sexual relations due to the injuries sustained from the car accident.

• Hedonic damages – This refers to the loss of enjoyment of life.

To make sure that the damages awarded are properly computed, make sure that you have your Los Angeles car accident lawyer check it before signing any release form or waiver.

DOs and DON’Ts in Slip and Fall Accidents

2010-11-04T19:14:00.000-07:00

Most people shrug it off and continue on even if they get injured.

Most victims of slip and fall accidents do not even file for accident injury claims and ends up paying for their own treatment.

The reason for this is that a lot of people do not even know that the property owners owe them a certain duty of care while you are inside their property.

This is especially true for commercial establishments like supermarkets or even theme parks and amusement parks.

That is because you are in the premises for their benefit especially if you purchased their products or services.

To help you, here are some DOs and DON’Ts when it comes to slip and fall accidents:

DOs

• After the fall examine yourself for injuries, apply first aid for minor injuries.

• Take pictures of the hazard or dangerous condition.

• Talk to possible witnesses and get their contact information.

• Inform the owner or the manager about the accident so that they can do something about it and nobody else would get hurt.

• Inform your own insurance provider because it might have a term that you need to inform them of the accident within a certain time frame.

• File an accident report even if you consider it a minor accident.

• Get medical treatment for your injuries. A medical report would also be helpful in establishing the connection of your injuries to the accident.

• Get a personal injury attorney who is an expert in premises liability claims.

• Write a demand letter addressed to the property owner of your intent to file a claim with the help of your personal injury attorney.

DON’Ts

• Take a settlement amount from the property owner immediately after the accident.

• Sign anything from the property owner without consulting your lawyer.

• Take the first offer by the insurance adjuster

• Negotiate with the insurance company on your own

• Agree to a recorded statement without the presence of your lawyer

• Sign a release form when you are not sure if the amount given covers all your losses.

The best way to get the short end of an insurance negotiation is to go at it alone.

Insurance adjusters are trained to find holes in your accident injury claim so that they do not have to pay you the full amount.

Premises liability attorneys are experienced in dealing with insurance adjusters to make sure that you get a fair settlement amount.

Consult with a premises liability attorney now for a free consultation.

Negligence: Elements and Compensation

2010-11-02T23:49:00.000-07:00

Negligence plays an essential part in determining the cause of an injury, damage, or death in most accident cases. The elements of negligence can be determined through the following.

• If there is the failure to exercise the required or expected amount of care that a reasonably prudent and careful person would use under similar circumstances

• Doing something which a cautious person would normally not do under the circumstances

• The conduct falls below the standard established by law for the protection of others that it posed unreasonable risk

An act of negligence may land one a personal injury lawsuit. However, there still are elements that should be proven first in order to determine whether an injured victim can recover damages for the negligence of another.

• Duty to protect – Otherwise known as the legal duty of care. A person shouldn’t do anything reckless that may harm another.

• Breach of duty – Happens when someone fails to exercise the duty of care. The person may have intentionally or unintentionally exposed another to a risk and resulted to damage.

• Actual injury – The breach of duty must result to a loss or an evident injury. Property damage and emotional distress fall under this element.

• Legal or Factual Causation (Proximate cause): There must be a connection between the breach of duty and the injury, also known as factual or legal causation.

A negligence lawsuit can be brought by the attorney of the injured or plaintiff against the particular person who caused the injury or the owner of the location where the injury-inducing accident occurred. In a business setting, all of the parties in a “partnership” can also be charged with a lawsuit, or the employer of the negligent employee, as long as the action was done while performing his duties.

The negligence damages that can be recovered are classified into two:

• Special – Monetary compensation for quantifiable financial losses. This includes medical or hospital expenses, damage to property, and loss of income.

• General – Losses that cannot be quantified in monetary terms with certainty, especially since they are not a concrete loss. Emotional distress, pain and suffering, and loss of consortium are the common examples of general damages.

Another type of damages called Punitive damages can also be recovered in a personal injury lawsuit. However, if the action was proven intentional or malicious, the court may order the defendant to pay this kind of damages. The purpose of punitive damages is not to compensate but to punish the defendant and to discourage others from doing similar conduct. Punitive damages can be recovered in a personal injury case, but not if it’s not due to negligence.

Top 3 Negligent Driver Acts that Lead to Speeding

2010-10-29T16:30:00.000-07:00

Did you know that in most major car crash accidents, speeding is almost always a factor?

As they say, the greater the speed, the greater the damage.

But most of the time, drivers do not speed intentionally; it is usually a result of other negligent driver acts that ultimately lead to speeding.

To give your more of an idea, here are some of the most common driver acts that lead to speeding:

Driving Under the Influence

DUI is the leading cause of fatal car accidents in the country and majority of the time, the drunken driver is always speeding.

In fact according to the National Highway Traffic and Safety Administration (NHTSA), of the 37,261 fatal car accidents in 2008, 11,773 were DUI cases.

Aside from reducing the driver’s reflexes and ability to make good road judgment, at 0.08 BAC, the alcohol also reduces many of the primary senses of the body.

The senses that are most affected are the sense of vision, which makes it difficult for the driver to see where he or she is going.

Another sense affected in the sense of touch; due to the reduction in this primary sense, the driver has difficulty gauging how hard they are stepping on the gas pedal.

The next thing you know, the driver is going above 70 mph without him or her realizing it.

Distracted Driving

According to the NHTSA, in 2008 alone, more than 6,000 people were killed due to distracted driving - and one of the major distractions to motorists is cell phone use.

In fact, most states, including California, have implemented various cell phone and texting laws that prohibit or at least limit the use of the devices while behind the wheel.

Driving needs your whole attention and cell phone use takes away your focus from the road and from your driving.

This results in motorists not noticing the rise in their speedometer.

Aggressive Driving

According to the American Automobile Association, aggressive driving may be a factor in about half of all car accidents in the country and road rage may be a growing problem in the country.

Road rage refers to the aggressive driving while in a state of anger.

This may result in some harsh actions by the motorists such as verbal insults and rude gestures but it can also lead to major altercations such as speeding to catch up with the motorist who offended him or her.

These three are just some of the negligent driver actions that results in speeding.

If you are injured in a car crash due to any of the above factors, you should consult with a Los Angeles car accident attorney for help in making an auto accident claim.

What to do for Defendants in Personal Injury Cases

2010-10-27T16:06:00.000-07:00

In a personal injury case, it’s not only the plaintiff who has to prepare, but the defendant as well. After all, a suspect or defendant still has to be proven guilty before he can serve the consequences of his actions. Like the plaintiff, the alleged offender or defendant also has to follow procedures in order to effectively defend his side.

Personal injury cases arise in the event of accidents like automobile crashes, slip, trip and falls, animal attacks, etc. When the accident is caused by the negligence of another person, the injured or harmed party has the right to file a claim against that person to recover compensation.

After an accident, both parties have to seek medical attention if necessary. While getting themselves treated is important, acquiring evidence of the accident will also come in handy for their insurance claims or in any personal injury lawsuit. Like the injured, the alleged negligent party should also take photographs of the scene and record the names and contact details of any witnesses.

He should also exchange information with the other party, but not admit fault for what happened. Apologizing is also considered as admission of fault and can seriously hurt the defendant’s claim. After filing the claim with the insurance company, the insurer will provide an attorney for defense of the action or will reject coverage.

If the defendant does not have insurance coverage or if his coverage is rejected, he should hire an attorney from a recognized personal injury firm to defend the action. The attorney should also help the defendant once he’s been served the complaint from the plaintiff. He should serve the plaintiff’s attorney with interrogatories, requests for production, and requests for admissions. Such documents are forms of discovery which will allow the defense to “discover” what the plaintiff knows and the relevant documents he possesses.

In civil law cases, defendants are forced to either defend themselves or hire an attorney to do it for them, unlike in criminal cases wherein a person accused is provided a defense attorney if he cannot afford to get one. Before hiring a personal injury lawyer, the defendant should first clarify attorney costs and other fees with his chosen attorney.

An attorney can also help the defendant through the proper process of personal injury claims. A good lawyer will discuss the dangers and complications of the lawsuit. In the end, the case can still possibly be favorable to them.

Legal issues in medical malpractice resulting to wrongful death

2010-10-22T00:00:00.001-07:00

When your loved one died because of the negligent act of his/her attending physician, you can file a wrongful death lawsuit.

When a doctor or nurse fails to exercise the level of skill in treating a patient that other medical practitioner would do, a liability can be established.

The surviving family members (distributees) can assert that such negligent act
or failure to act had caused fatal injuries to the decedent.

Some Medical malpractice cases are:

1. Failure to correctly diagnose an illness or medical condition
2. Failure to administer proper treatment for the disease
3. Unreasonable delay in providing medical treatment

The decedent's personal representative can file the medical malpractice lawsuit in court.

Damages for Medical malpractice lawsuit

The distributees can assert damages for the following losses:

a. medical and funeral expenses
b. loss of consortium
c. loss prospect of future inheritance
d. loss of comfort and companionship
e. pain and suffering

The distributees can also hire professionals to provide expert opinion on the cause of death.

When two or more medical practitioners are involved in the medical malpractice suit, each defendant will face corresponding charges and penalties under federal and state law. Defendants will have to pay economic and noneconomic damages depending on the level of fault of each.

Statute of Limitations

The distributees can pursue medical malpractice lawsuit within three years from the date of the person's death. The suit can also be filed within one year from the time of discovery. One example is the discovery of a surgical tool inside the person's body. The statute of limitation only starts upon the discovery of such foreign object.

Arbitration

Both parties may agree to negotiate a settlement of the matter. The plaintiff can set an amount as compensation for expenses and losses. The defendant can give such amount or come up with an amiable settlement. However, the court can review such payment.

Hiring a medical malpractice lawyer

If your family has decided to pursue the medical malpractice lawsuit, hire an experienced attorney in California to ensure a winning case. Such type of lawsuit usually has well-established defense law firms.

A professional attorney, specializing in medical malpractice cases can help you build a substantial case against the negligent medical practitioners. He/she must have technical expertise in litigating the specific medical condition of the decedent.

Consult with Wrongful death attorney in California to help you file the lawsuit today.

Frequently Asked Questions (FAQs) on Wrongful Death lawsuit

2010-10-19T16:17:00.001-07:00

When your loved one is killed in a car accident caused by the negligent act of the driver; you may assert legal actions in court. A wrongful death lawsuit allows you to recover damages such as loss of consortium, pain and suffering, and loss of support.

If your loved one is the head of the family, the court will review the economic status of the dependents and order damages accordingly.

Here are some frequently asked questions on wrongful death lawsuit:

Q: Who can file a Wrongful death lawsuit?
A. The immediate family of the deceased person can initiate the wrongful death lawsuit. The decedent's personal representative can file the suit in court. Immediate family members include the spouse, children, or parents. Your family lawyer can help you go through the process of litigation.

Q: What may constitute a wrongful death lawsuit?
A: If your loved one is killed as a result of another person’s negligence or intentional misconduct, such case can constitute a wrongful death lawsuit. Some examples are: vehicular accidents, medical malpractice, criminal actions, dangerous workplace, or exposure to hazardous chemical or equipment.

Q: What are the elements in a wrongful death lawsuit?
A: The court will review the following elements in your wrongful death lawsuit:

1. The actual death of the person
2. The negligent act of the defendant who caused the accident or criminal act
3. The economic and social status of the dependents or surviving family members
4. The profile of the decedent's personal representative

Q: What is the type of damages in a wrongful death lawsuit?
A: The court refers to the damages in a wrongful death lawsuit as "pecuniary loss". It includes medical and funeral expenses, loss of consortium, pain and suffering, loss of support, and lost prospect of inheritance.

The court will have to review other factors such as:

1. The decedent's earning capacity, savings, and investments
2. The quality of marriage or family life
3. The age, economic and social status of the dependents, including spouse
4. How the decedent has valued his/her life based on insurance policy purchase, safety and welfare investments, and testimonies.

If you or your loved one had suffered fatal injuries in a car accident, you can file a Wrongful death lawsuit. It will help you assert compensation for the loss of companionship, love, and care from your deceased family member.

Consult with a Wrongful death lawyer in Los Angeles to help you file the lawsuit.

How to Lower Teen Driver’s Insurance Premiums

2010-10-14T11:46:00.000-07:00

Teenage drivers have the highest insurance premiums of all the types of drivers.

That’s just the way it is, because traffic accident statistics show that teenage drivers have a high risk of being involved in a car crash compared to other motorists.

According to safety experts, there are a lot of factors that make teenage drivers more dangerous than the others which include the following:

•    Inexperience or novice set of driving skills
•    High risk of drinking and driving
•    High risk of speeding and reckless driving

That is why it is understandable that insurance companies charge a high premium on teenage drivers.

However, there are some measures you can take to lower those premiums.

Here are some tips:

Good Grades

Some insurance companies offer discounts for teen drivers who has a high GPA.

Not only is this a marketing scheme to attract more customers but high grades are also a good indicator that the teen will be responsible behind the wheel.

Teen Driver’s Education Class

Another way to show that your teen driver will be responsible once they are behind the wheel is to have them enroll in a defensive driving class.

This will also correct your teen’s dangerous driving habits and veer him away from aggressive driving.

Choose a safe car

The insurance company will charge you a higher premium if your buy your teen a sports car with more horsepower.

More horsepower means more propensities for speeding and higher probability of car accident.

Buy your teen a simple sedan so that not only are you saving on insurance premiums, you are also keeping your teen safe.

Check theft rate of car

The National Insurance Crime Bureau has a list of the most stolen cars in the country in their website.

Usually, sports and luxury cars are the ones that are included in the list.

You should avoid these vehicles as they have high insurance premiums.

Cover teen under your car accident insurance policy

Insure your teen under your existing car accident insurance policy to save on premium costs.

In fact, some car accident insurance providers even provide discounts for parents who enroll multiple cars in their company.

Remove collision coverage

This only applies for teens who own an old car or those that are considered clunker cars.

The cost of buying a new car and paying for monthly insurance premiums for collision coverage may not be that far off.

Top 5 Benefits of Hiring an Auto Accident Law Firm

2010-10-12T12:51:00.000-07:00

According to automobile accident statistics, California has one of the highest rates of car accidents in the United States mainly due to its high population and being highly urbanized.

In fact, the state averages about 4,000 deaths related to auto accidents every year.

It is considered as the leading cause of injuries and death in the country.

That is why auto accidents are also the leading cause of personal injury insurance claims in the state.

To make the most out of a personal injury claim, claimants are advised to hire the services of an auto accident law firm.

It is understandable that you would be skeptical about hiring a law firm due to the cutthroat image given by the media, but the truth is that there are more advantages in getting a lawyer than trying to make a claim alone.

To give you more of an idea, here are some of the benefits you can get from hiring an auto accident law firm:

Knowledge of the law

Auto Accident law firms consist of lawyers who specialize in vehicle accidents and are knowledgeable on the different traffic laws that apply to the case such as:

•    Reckless and aggressive driving laws
•    DUI laws
•    Right of way in pedestrian and bicycle accidents

Vast Resources

Auto accident law firms can also offer their vast resources that would be a big advantage in gathering evidence for your claim.

They also have contacts that can serve as expert witnesses who can give expert opinions to support your claim.

Familiarity with insurance companies

Established law firms have gone against some of the biggest car accident insurance providers so they are already familiar with the strategies used by insurance companies to reduce the amount of their clients’ claims.

Gives the impression that you mean business

Just by hiring an auto accident law firm, you are already sending a message that you are not to be trifled with and that they should not even try to take advantage of your lack of knowledge about the law.

Savings

Contrary to the notion that auto accident law firms are just out to bleed money out of you, the truth is that you can save more by getting a lawyer.

In fact, most auto accident law firms offer free consultations and takes car accident cases on a contingency basis or in a “No Win, No Fee” basis.

So you do not even have to spend on attorney fees because it will be subtracted from the compensation that you will receive from the insurance company.

This means that not only did you get the most out of your auto accident personal injury claim; you did not even have to risk your own money in the whole process.

3 Types of Tort in Personal Injury Cases

2010-10-07T17:02:00.000-07:00

The California Civil Law allows victims who sustained injuries from an accident to file an accident injury claim or lawsuit against the liable party to recover what they lost.

The liabilities of the defendant in personal injury cases are determined through tort law.

Tort refers to the civil actions of a person that can be considered unsafe or harmful; it can also refer to a person’s failure to act in certain situation that could also lead to harm to other people.

Unlike criminal cases, though, the punishment for violations of tort laws are usually monetary and not imprisonment.

There are three general types of tort, those are:

Intentional Tort
These refer to wrongful conduct that are performed intentionally and with the knowledge of the consequences of the action.

Some examples of intentional tort are assault and battery.

To prove intentional tort, you have to prove the following elements:

• The accused willfully performed wrongful acts with knowledge of its consequences.

• The intentional wrongful act is the cause of the victim’s injuries.

• The injuries resulted in damages to the victim.

Negligence Tort
These refer to wrongful acts that are a result of carelessness or simply defined as the failure to act in a way that a reasonable person should have acted in a similar situation.

This tort is the basis of most personal injury claims filed in the state.
To prove negligence, you have to prove the following elements:

• The accused owes a duty of care to the victim.
• The accused broke that duty.
• The victim was injured due to the breach of owed duty of care.
• The victim sustained damages.

Strict Liability
This is mostly used in product liability and premises liability cases where negligence can be difficult to prove.

It also recognizes that the accused in these cases owe a higher level of care to the victims of these accidents as they provide benefit to the accused.

To prove strict liability, you have to prove the following elements:
• The existence of the safety defect (for product liability) or the dangerous condition (for product liability).

• The safety defect or dangerous condition is the cause of the victim’s injuries.

• The victim sustained damages.
In all three cases, the aim of personal injury law is to give you back what you lost due to the accident.

This includes both monetary and non-monetary losses.
Additional compensation also can be given in intentional tort cases to penalize the accused and to discourage similar actions in the future.

To know more about personal injury and tort law, consult with a Los Angeles Accident Injury Attorney for more information.

Asserting an insurance claim for your car accident

2010-10-05T19:33:00.000-07:00

The consequences of updating your Facebook status on your cellphone while driving can be a cut on your cheek or an amputated arm. Using the cellphone while driving has resulted in an ever increasing rate of road accidents, especially in California.

California law bans cellphone use while driving to lessen and prevent further catastrophic and fatal injuries. In fact, a number of celebrities have been injured in road accidents caused by sending twitter message or answering phone calls while driving.

Under the law, using a cellphone while driving is a traffic law violation which has its legal consequences. It is considered as a negligent act and can cause a driver to face:

1. Court penalties
2. Suspension of license
3. Lawsuit from the injured party
4. Hours of community service and other disciplinary measures

If you are injured in a motor vehicle accident, caused by an impaired driver; you may pursue claims or recovery to compensate for your injuries and losses. One way is to file an insurance claim. Here is a step by step guide in filing one:

1. If you are able, obtain information on the details on the accident. You may request a copy of police report. It contains the location, time, type of injuries, involved parties, and possible causes of accident.

2. Write a demand letter for the insurance company of the vehicle that has hit you. You can hire a Personal Injury lawyer (can be on a contingency basis) to help you write one. State the facts of the accident, the name of driver and owner, causation of events, type of your injuries sustained, the amount you need, and the deadline for them to answer the letter.

You may reiterate that their failure to respond and address your claim can compel you to file a formal lawsuit.

Before stating the damages that you want for your claim, cooperate with your lawyer in computing the medical expenses, loss income, and emotional loss as factors in getting the accurate settlement amount for your claim.

3. Set a meeting with the insurance representative of the defendant. If the insurance representative negotiates for a lower amount, assert the reasons why your computation is the reasonable amount for the claim. Be calm, strive to remain objective, and be firm when asserting the correct settlement amount.

4. If the insurance company, refuses to cooperate or give a fair settlement amount; you may file a Personal Injury lawsuit. It will allow you to bring the matter in court and prove the negligent act of the defendant, causing the accident; resulting to your injuries.

Consult with a Personal Injury lawyer in Los Angeles to help you go through the process of litigation.

Top 4 Insurance Claim Mistakes you Should Avoid

2010-09-28T19:58:00.000-07:00

If you plan to file an accident injury claim, you should put in mind that you need to be cautious about dealing with the insurance company.

Insurance companies are still private companies whose goal is to make as much profit as they can.

To do this, they try to find holes in claims so that they can either deny the claim or reduce the payment to be given.

And if a claimant is not well informed, it is highly likely that they will agree to a small accident injury settlement without knowing that they actually deserve more.
To prevent that, here are some of the most common mistakes done by claimants when making an accident insurance claim:

Saying that you are just fine
Never ever say to an insurance adjuster that you are unhurt after the accident before seeing a doctor.

If you have said that you are fine after the accident then the doctor discovers that you have injuries, your statement will seriously hamper your ability to collect from the insurance company since they will argue that you already told them that you have no injuries after the accident.

If asked by the insurance adjuster, tell them that you have to see a doctor first.
Agree to the first settlement offer

Avoid the temptation of agreeing to an early settlement just for the sake of ending the whole thing.

The only one who wins in early settlements is the insurance company because more than likely, that first offer is way smaller than the real value of your claim.
You should politely decline the first offer and tell the adjuster that you will need to consult with your doctor and your lawyer before giving an estimate.
Agree that you may have been at fault

You have to really watch what you say around insurance adjusters because you may think that your statement is harmless without knowing that you have admitted to some fault in an accident.

For example, if you were asked if you could have done something to prevent an accident and you answered that there is, then you just have admitted that you were negligent in some way.

Not getting a personal injury lawyer
All these mistakes could easily be avoided if you have a specialist who is knowledgeable about applicable laws to guide you.

A Los Angeles personal injury lawyer can help you and guide you throughout the claims process to make sure that you get the most out of your personal injury claim.
Consult with a Los Angeles Law Firm for more information.

The 3 Civil Torts Used in Defective Product Cases

2010-09-23T19:02:00.000-07:00

Under various consumer rights and defective product accident injury laws, you are given avenues to pursue the manufacturers, or even the sellers, for the damages you sustained due to their product.

Manufacturers are expected to produce consumer products that are reasonably safe as long as they are used in a way that is intended to.

If you get injured due to a safety defect while using the product as intended, then the manufacturers have failed in their duty.

To prove product liability, you can use any of these three torts in the case:
Negligence

In this tort, you have to prove that the manufacturer committed a negligent act while producing a product.

To prove negligence, you have to prove the following elements:

• Duty of care – The manufacturer has a duty to produce a product that is tested to be safe for consumers.

• Duty of care broken – The owner failed in their duty as they were not able to prevent the error that caused the safety defect.

• The safety defect caused your injuries.

• You sustained damages.

Strict Liability

California is one of the US states that uses the strict liability clause for product liability as it recognizes that it is unreasonable to expect an ordinary citizen to be able to get the necessary information to prove that manufacturers were negligent.

So instead of focusing on the negligent act, the focus is shifted to proving the existence of the safety defect.

To prove strict liability, you have to prove the following elements:

• The product has a safety defect that makes it dangerous even for intended use
• You sustained injuries due to the safety defect while using product as intended
• You sustained damages.

Breach of Warranty

Breach of warranty in product liability cases can be described as a combination of tort law and contract law since it deals with personal injuries and the implied good fait and fair dealings required from the manufacturers and sellers.
The four types of warranties that apply in product liability laws are:

• Express warranty – can be oral or written, this refers to the guarantee of the manufacturer or seller about the safety of their product

• Implied warranty – these are warranties that are imposed by law on the product.

• Implied warranty of merchantability – this is a warranty that the product and its container is in compliance with the standards set by the law.

• Implied warranty of fitness – this refers to the guarantees that apply to situations where the consumer trusts the judgment of the seller in selecting their goods. It guarantees that the selected product is fit for the purpose asked by the consumer.

To know more about product liability law, consult a defective product accident injury attorney for more information.

How to Effectively File an Auto Accident Insurance Claim

2010-09-21T21:48:00.000-07:00

Did you know that according to studies, it is highly likely that every American will be involved in a car accident at least once in his lifetime?
That is right; that is how frequent vehicle accident is in the country.
Even if your take all the care in the world, you cannot control the actions of other drivers and believe me, there are a lot of dangerous drivers out there.
So it would be worth to know the proper steps that you must take to make an auto accident insurance claim against the liable party.
To help you, here are the steps in making an auto accident claim in California:
1. Draft a demand letter
Prepare or draft a demand letter that formally asks for compensation for the damages you sustained due to the car accident.
This will be addressed to the liable party but in reality it will be his or her insurance company that will be handling the claim.
The three important elements of the letter are:
• The history of the car accident
• The resolution or amount that you are demanding
• And a warning that you are ready to go to court if demands are not met

2. Dealing with the Insurance Adjuster
An insurance adjuster will then be sent by the liable party’s insurance company to investigate the claim.
An insurance adjuster usually performs the following actions:
• Interview and take statements from the claimant (you) and other witnesses to the car accident
• Review and analyze the coverage of the liable party’s insurance policy
• Examine your medical records
• Examine property damages
• Examine auto accident photographs and other evidences
• Examine police reports
Make no mistake, insurance adjusters are there to find holes in your claim to have proper cause to deny or underpay you.
So make sure that you are careful about what you say around them.
3. Filing a lawsuit
If the liable party and his insurance companies refuse to pay the damages the auto accident caused or if a settlement has not been reached, then you can file a lawsuit against them.
Although the liable party is named defendant, it will also be the insurance company who will be handling the defense.
The burden of proof will also fall on you as the plaintiff.
Get a Lawyer
To make sure that you get the most out of your auto accident insurance claim, hire the services of an expert Los Angeles car accident lawyer.
An expert car accident attorney can help you:
• Determine the value of your claim
• Guide you in statements you give adjusters
• Help you in negotiating for a fair settlement with the adjuster
• Represent you in court if negotiations fall apart.
Consult an expert Los Angeles car accident lawyer for more information.

Why you should file a Wrongful Death Lawsuit

2010-09-17T16:11:00.000-07:00

The pain you feel after losing a loved one in an accident that could have been avoided can be very overwhelming.
You want to lash out to the people who caused the death of your family member and you want them to be held accountable for what happened.
Unfortunately, not all deaths from accidents can be treated as a criminal case; some of these accidents are just that… an accident.
However, even if the person responsible for your loved one’s death cannot be held criminally liable, you can still go to a civil court to file wrongful death cases against the liable parties.
Although, the defendant or defendants will not be put in jail, they will be required by the court to pay back the losses that you and your family have sustained due to the death of your loved one.
This includes:
• The financial support your loved one could have provided the family if not for his untimely death.
• The household services that are provided and could have continually been provided if not for the untimely death.
• The loss of companionship, comfort, solace, moral support and even consortium for spouses.
The computation of these losses will also be based on your loved one’s age, health, income generating abilities, expected life expectancy if not for the death, and other factors.
You may feel that you are taking advantage and making money out of the death of your loved one but you should be assured, that is not the case.
What you are recovering from the liable party is only commensurate to what you lost after the death of your loved one.
And even then, you know that no amount of money would be enough to replace the life of a beloved family member.
In the end, you should realize that the family deserved the compensation and acts as a gesture of acceptance that the state, the court and the liable party all recognize that you have been wronged.
Now how can you file a wrongful death case?
To help you, here are some steps that you can follow:
• Consult a wrongful death attorney to guide you in the process and represent you in court if needed.
• Make sure that you are a valid claimant (spouse or child of deceased). There are other qualifications that can make you a valid claimant if you are neither a child nor a spouse of the deceased.
• For those in California, make sure that you file the case within two years upon discovery of cause of death.
• Have the defendant served with the lawsuit.
Your wrongful death attorney should be able to guide you and explain to you the applicable laws in your case.
Do not hide any information and cooperate fully with your lawyer.
If everything goes right, then it is very likely that you will either win the case or get a fair settlement.

Can the Government be sued for Freeway Accident

2010-09-17T00:01:00.000-07:00

Los Angeles 101 to I-405 interchange is listed as United States' top 2 most hazardous freeways, according to BuyingAdvice.com. Los Angeles news has numerous crash reports on Pacific Coast highway, Interstate 10, and Ventura freeway. These freeways have accident prone areas that heighten cases of collisions and injuries.

Road design defect has been one of the primary causes of freeway accident. Curve, irregular structure, road obstruction, and inadequate warning signals also cause freeway accidents.

Here are the more causes for freeway accidents:

1. Drop off at pavement edge- This type of roadside hazard can affect the stability of the vehicle. Exposure of the pavement edge poses danger for motorists, especially at night.

2. Embankment and guardrail- When road engineers fail to implement correct slope steepness and embankment height on barriers, the result can be tragic. Road engineers have to make sure that the barrier is effective enough to prevent accident, withstand extreme weather condition, and help motorists get back on lanes.

Highway engineers have the responsibility to make sure that barriers are constructed within correct angle and high quality standard to prevent catastrophic freeway accidents.

Highway engineers also implement clear recovery zone. It is an additional lane, free from road obstruction that allows motorists to recover from a run-off-the-road situation.

This zone should be freed from utility poles, plants, trees, or any roadway object. This also serves as a safety zone for motorists who encountered difficulty on the road, or caught during an extreme weather condition.

If you are injured in a car crash, and you are certain that the road design caused the accident. You can file a Premises liability claim against the government.

Although the government is generally immune from lawsuits, the Federal Tort claims Act (FTCA) has reduced this immunity and has allowed citizens to receive compensation for injuries sustained from hazardous road design.

FTCA allows the plaintiff to file Personal injury, Wrongful death, and Property damage claim against the government. The plaintiff can file a Premises liability claim and prove that the road design has tremendous hazard that triggers the accident, leading to your injuries.

The government can be held liable for the decisions and actions of employees who are part of the design process of the road.

The plaintiff has to prove that the government has the ultimate responsibility in deciding, controlling, and monitoring the output of the employees, working on the road design.

If you are successful in your claim, you may be able to recover damages from the government. Federal law has specific procedure for filing the claim, including the limit for recovery.

Consult with a Premises Liability lawyer in Los Angeles to help you file the claim

3 Things to Consider When Filing a Wrongful Death Case in California

2010-09-15T19:15:00.001-07:00

The California wrongful death statute of limitations is 2 years upon discovery.
This means that after discovering the cause of your loved one’s death, you have a maximum of 2 years to file a wrongful death lawsuit against the person or organization that is liable for his or her death.
Losing a loved one after an accident can be devastating but you have to do right about your loved one’s death and do right for your family.
By winning your wrongful death suit, you recover what you and your family lost due to your loved one’s death and your also get the state, through the court’s decision, recognize that you have been wronged by the liable party.
But what are the things that you should consider, when filing a wrongful death case?
To help you, here is a list of things you should consider:
Who is valid to file a lawsuit?
Under the law, only certain persons are allowed to file a wrongful death lawsuit.
The primary people allowed to sue are direct family members like the spouse, children and surviving grandchildren from a deceased child.
If these claimants are not available, then the people next in line are the parents, siblings, children of deceased siblings, grandparents and lineal descendants.
Although not covered in the first group, the next group of people can also file a wrongful death claim:
• Putative spouse – (their marriage is not recognized by law but believed in good faith that their marriage is valid)
• Children of putative spouse
• Stepchildren
However, they also have to prove that they were dependent to the deceased until time of death.
Last, a minor who lived with the deceased for at least 180 days prior to death and can prove that they are a dependent of the deceased can also file a wrongful death suit.
What caused the death?
The type of accident that caused the death of your loved one will also dictate what type of laws would apply to the case.
To give you an idea, here are some of the common accidents that could lead to a wrongful death and the laws that would apply:
• Vehicle accidents – State traffic laws against negligent drivers
• Slip and fall accident – Premises liability law
• Defective product – Product liability and consumer protection laws
What did you lose due to the death?
In this part, you should consider what you are trying to recover from the liable party.
In wrongful death cases, you can recover monetary and non-monetary damages such as:
• The value of financial support the deceased would have contributed to the household if not for his or her death.
• The value of household services contributed by the deceased before his or her death.
• Loss of companionship, affection, comfort and consortium (if deceased is spouse).
Wrongful death cases can be very complicated, so you better hire the services of an expert Los Angeles wrongful death attorney to help you in your case.

Tips and Reminders for Cyclists to Avoid Bicycle-Motor Collisions

2010-09-09T18:05:00.001-07:00

One of the most dangerous devices to use on the road is the bicycle. While bicycles are similar to motorcycles, they are considered more dangerous. If you like riding your bicycle on the streets of Los Angeles, you should know how to protect yourself from the thousands of vehicles that you may encounter.

Following are some reminders for bicycle enthusiasts to prevent getting involved in bicycle-motor vehicle collisions in Los Angeles:

• Follow traffic laws and regulations. Some bikers make the terrible mistake of disobeying traffic rules. Even if a person is just riding a bicycle, he is still covered by traffic regulations on the road.
• When riding at night, do not forget to install lights on your bike. Biking at night is dangerous, but it gets even more hazardous if you do not have any light mounted on your bike.
• Always be aware of the vehicles nearby. When a cyclist is on a roadway, he should be aware of other vehicles. If he does this, he may be able to avoid accidents.
• Inspect your bicycle’s wheels, brakes, and chains before hitting the road. Unlike motor vehicles, bicycles only have a few parts that need checking. Always allot time examining your bicycle’s parts to avoid mechanical failure while you are on the road.
• Do not ride your bike after drinking alcohol. Riding under influence is just as dangerous as driving under the influence.
• Plan the safest route for your bike trip. As much as possible, do not go to highways and streets that are easily congested by vehicles.
• Make yourself be noticed by other motorists. During the day, wear light colored clothing for other drivers to notice you.
• Do not stay near the gutter. You have to make other drivers realize that you are also a motorist using the road, and not just a cyclist who needs a little space on the street or highway.
• If you have been biking for quite a while, have some time to rest. For obvious reasons, cyclists wear down much easier than vehicle drivers and motorcyclists.
• Be ready to make a sharp turn or hit the brakes in case of emergency. If you think there is danger up ahead, formulate a plan to escape from it.
These are just some helpful tips for bikers to avoid bicycle-motor vehicle collisions. Los Angeles may be considered one of the most dangerous cities across the country when it comes to road safety, but if you keep these guidelines in mind, you can still be able to enjoy riding your bicycle.

Public Transportation Accidents: Determining Fault and Liability

2010-09-07T19:22:00.001-07:00

While millions of Americans today have their own vehicles, there are still some people who take public transportation. They prefer riding buses, cabs and trains than to handle the hassles of having or driving their own cars. Because many people choose public transport over private vehicles, public transportation accidents have become common in the past few years. In Los Angeles, there are a number of public transportation accidents which involve:
• Cabs – Cabs or taxis often get into accidents because of speeding. They drive fast because they want to have more passengers.
• Buses – Buses have always been dangerous. People who get hit by buses are often badly injured, or killed.
• Trains – When a train operator is not skilled enough, he might put the train passengers in danger.
• Escalators and elevators – While these modes of public transport only transfer people within malls, stores, and business establishments, they should still be free from any defect.
• Cruise ships – Cruise ships should always be able to withstand bad weather. Cruise ship passengers often drown in ship accidents.
• Airplanes – Plane crashes are the deadliest types of public transportation accident. Very few plane crash survivors live to tell their tale.
If someone gets hurt in a Los Angeles public transportation accident, someone should be held responsible. Under the law, the party who is proven to be negligent should face the legal consequences. And because public transport vehicles and carriers are run by companies, they would be the one to face liability. A public transportation accident victim may be able to file a case against the company if he can prove the following points:
• The public transport vehicle’s components were not safe enough to prevent injuries.
• The public transport driver or operator was negligent or unskilled, causing the accident.
• The person was not safely transported to his destination.
If the person can prove at least one of the three factors given, his personal injury complaint will be valid. Once the transport company has been proven guilty, he will be required to compensate for the complainant’s damages.
If you are an owner of a public transport company in Los Angeles, you have to make sure that your consumers trust you. That is why you need to provide high-quality services to them. Always keep their safety and welfare as your priority. Once they acknowledge that you value your consumers, you will certainly gain more passengers and profit in the future.

Keeping Golf Courses Safe from Accidents

2010-09-01T17:50:00.001-07:00

Even if it seems that golf is a costly sport or hobby, almost 30 million people in the country name it as their favorite sport. With the large number of rounds played in the country, the industry of golf reportedly earned $76 billion in 2005.
A number of golf courses have also been put up due to its popularity. However, despite the entertainment the golfers and the sport’s audience experience in time of game, accidents still occur. Golf course accidents, while it may sound absurd to those who think that the sport is safe, is just as equally damaging to its victim as other kinds of sports.
There are four aspects in the golf course that may result to an injury-inducing accident.
Premises
Premises indicate the whole property, both on and off the golf course. Golf balls shouldn’t exit the premises of the course, especially since most golf shots are 15 percent off line and modern equipment can make them cover longer distance.
Make sure that golf cart paths are appropriately designed, constructed and maintained, and that proper warning signs are put up. Pedestrian paths shouldn’t have any hazards as well.
Operations
Maintenance procedures are required to minimize the risk of accidents in a golf course. If there are constructions going-on in the area, make sure that any open trenches or cave-ins are marked or protected. Mowing, fertilization, and irrigation should be done by employees with safety training. Every employee who is doing his tasks should also wear the right protective equipment. Environmental contamination may also be prevented through waste management and recycling.

Vehicles
Golf carts and utility vehicles should be driven with care. Both driver and passenger should be cautious as if they are driving along a public highway with their own car. The only employees allowed to drive the vehicles are those who are trained. Golf cars should also be checked for any problems before and after using it. Those that were found defective should be repaired and remain unused for the meantime.
Natural Causes
Even if the management of a golf course aims to give their customers a worry-free time, environment and weather can also cause golf course accidents. Preparing for an emergency due to natural causes is the best way to avoid any disaster. Be sure that there is a written emergency response guideline for employees so they will know their duties in the event of a natural disaster.
Such disasters may occur in the form of a fire, the sudden weakening of a golfer, or a sudden animal or pest attack. In any form of disaster, the employees of the golf course should know what to do.

Going through the Process of Litigation and Trial

2010-08-25T19:26:00.001-07:00

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

2010-08-23T19:27:00.000-07:00

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

2010-08-19T18:51:00.000-07:00

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

2010-08-17T17:36:00.001-07:00

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

2010-08-13T19:55:00.001-07:00

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

2010-08-11T19:18:00.001-07:00

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

2010-08-09T15:41:00.000-07:00

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

2010-08-06T17:51:00.001-07:00

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

2010-08-04T19:11:00.000-07:00

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

2010-08-02T18:37:00.000-07:00

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.

Southern California Personal Injury Law Firm: FAQs

2010-07-29T18:34:00.000-07:00

Some of the best personal injury law firms are found in Southern California, particularly in Los Angeles.
You can just walk down Wilshire Boulevard and you already have a wide array of law firm choices that you can choose from.
Due to the many law firms in the area, it can be difficult to make a choice.
To help you, here are some questions you need answered before choosing a personal injury law firm?
What is the law firm’s specialization?
There are a lot of Southern California personal injury law firms but there are also different types of personal injury cases.
The most common personal injury cases are:
• Vehicle accidents
• Slip and fall accidents
• Industrial and workplace accidents
• Defective product accidents
Choose a law firm that specializes in your case because the applicable laws are different for each.
How long have they been handling your type of case?
Typically, it is recommended that you hire the services of a personal injury law firm who has at least 5 years experience in handling cases similar to your own.
The longevity of the law firm usually indicates that they have been successful in the past.
How successful have they been in handling cases similar to your own?
Ask them about how successful they have been in litigating cases similar to your own.
Some law firms post the cases they have handled in their website so you can review it as well.
Have they dealt with the insurance company that you are currently making a claim to?
Although this is not really a requisite, it would be in your advantage if the law firm you are going to hire has successfully dealt with the insurance company who is handling your claim.
With this, you know that the law firms know which moves will force the insurance company into a settlement.
Do they take cases in a contingency basis?
As much as possible, hire a law firm that will take your case in a “No Win, No Fee” basis to minimize risk and to be sure that the law firm will do all it can to ensure the success of your case.
Besides, if they don’t they will not get paid.

Finding a Good Car Insurance Policy:Tips

2010-07-27T16:55:00.000-07:00

Having car accident insurance is a must for all vehicle owners in California;

without it, you can be held responsible for having no financial responsibility that will take care of damages if ever you cause a car accident in the future.

The exact liability coverage requirements in California are as follows:

• $15,000 liability coverage for injury or death of one person

• $30,000 liability coverage for injury or death of more than one person in once accident

• $5,000 liability coverage for property damage

What you should think about next is how to choose the best car accident insurance policy.

Choosing the first insurance company you see can cause disastrous results in the future.

There are insurance companies that have a bad track record in covering their policy holders and there are also those that have no financial stability that it is bound to fold in a few years.

To help you, here are some tips to find a good car insurance policy:

Check other options with California DMV

Car accident insurance policies is the most preferred option for financial responsibility but if you think this is not for you, there are other options as well including:

• $35,000 cash deposit with the DMV

• DMV issued self-insurance certificate

• $35,000 surety bond from a company licensed to conduct business in California

Check the California Department of Insurance
The website has a wealth of information regarding different types of insurance policies, which includes car accident insurance.

They also have a list of recognized car insurance providers with their contact numbers.

Know the coverage that you need
As much as possible, do not settle for just the liability coverage as this will only take care of injuries and property damages on the other car and not yours.
Other coverage you may want to avail are:

• Personal injury protection

• Comprehensive coverage

• Uninsured and underinsured motorist coverage

Check the insurance companies that are recommended by body shops
Body shops interact with insurance companies in a daily basis so they can recommend those who are easy to work with and those that can be problematic.

Check the JD Power Ratings
JD Power rates the different insurance providers based on data from policyholders.
This can help you gauge how each insurance provider stack up against their competitors.

Check Insurance provider’s financial strength
Check the insurance company’s Standard & Poor ratings; this way you can also gauge their ability to actually make a payout when you make a claim.

Damages that may be received in Fatal Car Accidents

2010-07-22T18:03:00.000-07:00

Every day, at least one fatal Los Angeles car accident occurs along the city’s highways and interstates. There are a lot of factors as to why such accidents still occur. However, one thing is for sure: the victim of an accident deserves to be compensated upon.

Damages or compensation is awarded to the victim in order to restore their financial state before the accident occurred, and also to help them adjust to the new life that was changed by the accident. The damages are provided by the person who is at fault for the accident.

Car accidents fall under personal injury cases. And in this kind of lawsuit there are different types of damages that the victim can receive.

Compensatory Damages

These are awarded to the injured in order to replace the amount incurred by the injury and nothing more. The amount of the compensatory damage is based on fair market value and not on purchase price. There are two types of losses that are paid by these damages.

• Monetary – From the name itself, these losses are the amounts of money lost due to the injury. Monetary losses include the following.

o Cost of living with disability
o Funeral charge
o Lost wages
o Medical cost
o Property repair
• Non-Monetary – These losses cannot be measured financially. These include:
o Embarrassment
o Pain and suffering
o Loss of consortium

Punitive Damages

Otherwise known as non-compensatory or exemplary, punitive damages serve as punishment or a criminal fine paid by the person at fault for the accident. While accidents are considered an act of negligence rather than malicious, it still does not guarantee that the person liable won’t be slapped with this fine.

Nominal Damages

Nominal is a small amount given to the victim who may not have suffered a significant injury, but has been a victim in some other way (e.g. breach of duty). The amount will depend on the situation.

Treble Damages

A treble damage simply is the total amount of compensatory damages multiplied by three. Statute of certain cases allows courts to award the plaintiff treble damages.

Liquidated Damages

Liquidated damage is monetary compensation for the loss or injury of a person and property. A certain amount is awarded when contracts that involve money or action are breached by one of the parties involved. However, there are certain conditions that must be present in order for liquidated damages to be recognized.

Driving Under Influence (DUI) laws and penalties

2010-07-16T17:28:00.001-07:00

Driving Under Influence (DUI) violation is one of the leading causes of fatal motorcycle accident in California. The unprotected body of the motorist exposes him to injuries during accidents or collision with a vehicle. The impact can cause fractured bones and amputated arms/ legs.

Worse, the head and spinal cord may be severely injured. If this happens, vital functions may collapse and a cardiac arrest will occur.

While some intoxicated motorists are lucky to survive an accident, the effects of traumatic brain injury or amputation may leave him/her dependent on external support system for life.

Because of the increasing violation in DUI law, the National Highway Traffic Safety Administration (NHTSA) implements stricter regulations against drunk motorcycle riders.

DUI law on motorcycle includes:

1. Prohibition on the operation of motorcycle while impaired or intoxicated by alcohol or substance.

2. Prohibition on the operation of motorcycle if the Blood Alcohol Content (BAC) test shows beyond 0.08 percent limit.

California Highway Patrol (CHP) officers may ask suspected intoxicated motorists to stop, pull over, and undergo field sobriety test. It includes psychomotor and mental activity that aims to assess the impairment. Examples are: Eye and penlight test, straight line walking, and practical mental tests.

If the motorcycle rider fails to pass the field sobriety test, the police officer may conduct the Blood Alcohol Content (BAC) test using a Breathalyzer. If the motorist has a high percentage of alcohol content, and has risked or caused an accident; police officers may take him to a hospital and have him undergo a urine or blood test.

California has implied consent laws that make every motorist obliged to undergo chemical test, if intoxication symptoms are evident. The acceptance of driving privilege includes the acceptance for the responsibility to avoid intoxication as it may risk safety or injure other motorists or civilians.

Refusing to undergo field sobriety test and chemical test has corresponding penalties under existing state laws. License can be suspended for six months up to one year.

The state of California also implements zero tolerance law among motorcycle drivers under the age of 21. It means that no trace of alcohol in the young motorists' body should be found.

The state of California is serious in implementing heavier penalties for DUI violators. It includes suspension of license, probation, fines, community service, and imprisonment. The penalty increases as the DUI violation is repeated.

Heavier penalties also apply when there is a child in the vehicle, or the DUI violation caused injury or property damage.

If you are convicted of DUI, you may consult with a Defense attorney in Los Angeles to help you lessen the penalty, or clarify your fault in a property damage or accident.

The Dangers of Amusement Rides and Theme Parks

2010-07-14T21:35:00.001-07:00

Amusement and theme parks are popular destinations for people who want to have fun with their family, friends, or loved ones. However, there are amusement park visitors who do not enjoy any of these. Instead, they get hurt and injured because of amusement ride accidents. In worse cases, unsuspecting amusement riders are even killed in these unfortunate accidents.

Due to the significant number of injuries and fatalities concerning amusement rides, the federal government has released a number of guidelines for amusement parks to follow in order to prevent injuries and fatalities. These guidelines are enforced by an agency called the Consumer Product Safety Commission (CPSC). The following are some of the most common causes of amusement ride injuries and fatalities today:

• Ride equipment or component failure – Rails or certain machineries involved with the ride’s functions may not operate well.

• Operator’s fault – If the operator is not specialized in operating the ride, he may accidentally cause accidents.

• Rider’s fault – Riders who do not follow the proper riding procedures of the ride often end up injured or killed in an amusement park accident.

• Uncontrolled situations – Visitors with certain health conditions, such as heart problems, should not board amusement rides to prevent injuries and even deaths.

If you love taking your family or loved one to amusement parks for enjoyment, here are a few reminders you should remember to avoid getting injured in an amusement ride accident:

• Inspect the theme park’s general appearance – Oftentimes, larger and more popular theme parks have safer rides than amusement parks in small towns and villages.

• Read and follow warning signs – Unless signs are followed, reading them does not do much for the visitor.

• Observe the amusement ride – Watch where the ride goes and what happens to the passenger when that happens. That way you can decide whether you would ride it or not.
• Determine the conduct of the ride operator – Operators should not be distracted while they are controlling the ride.

There is nothing bad in visiting a theme park to enjoy. You just need to make sure that every ride you are going to board is completely safe and free from any risks of inflicting injury. If you consider safety as your top priority, your stay in the amusement park would certainly be fun and memorable.

Mobile Phone Causing Car Accident: Employer Liability

2010-07-08T17:26:00.000-07:00

California legislators have devised ways to prevent the increasing rate of car accidents due to mobile phone use. The hands-free laws have been implemented to protect car owners, drivers, passengers, and pedestrians from fatal injuries.

Every year, the increasing number of lawsuits relating to employer liability prompts legislators to specify grounds of negligence or fault. The basic claim is that the employer has the responsibility to ensure the safety of its employees during the execution of work duties, including driving a company owned vehicle. It includes instances when the employed driver executes his or her duties involving the use of cell phone.

The employer can reduce the risk of vehicular accident caused by mobile phone use by
enforcing policies and regulations that ban cell phone use while driving. A hands-free policy does not automatically relinquish the employer from liability. One example is when a sales representative receives a call from the client and suddenly met an accident.

Existing laws such as California's SB 1613 and Washington State's HB 1214 clearly state that it is illegal to use a mobile phone while driving. Using hands-free device is allowed, however, the employer can still be held liable. The safest way, is to completely prohibit the use of mobile phones while driving at all times and at all costs.

Here are some ideas concerning cell phone use policies in employment manual:

1. Clear statement on the prohibition on using mobile phone while driving.

2. Provision for hands-free devices in case of emergency.

3. Orientation on state and local laws governing mobile phone use.

4. Procedure for pulling over in case of receiving an important call.

5. Instructions on avoiding stressful conversations on cell phone.

6. Limiting the work duties of employees so that it does not contain tasks of using mobile phones.

7. Regulation on prohibiting mobile phone use during extreme weather conditions.

8. Provide options to forward all calls to voicemail when driving.

9. Delineate rules on road safety precautions.

10. Stipulate reasonable penalties for violating mobile phone safety rules.

Here are some examples of policy statements:

1. Mobile phone use should be avoided while driving the company vehicle. The distraction from the mobile phone may cause road accidents.

2. If there are expected important calls during the course of driving, a hands free car kit should be used.

3. All employees are expected to comply with existing state and local laws on mobile phone use prohibition while driving.

4. Should an important call need to be received, the employee should find a safe location to pull over.

5. All employees are required to divert all incoming calls to voicemail during the course of driving.

6. Failure to abide with the above policies should have corresponding disciplinary actions, including suspension or termination.

Consult a Personal Injury lawyer and learn more on how you can receive compensation for injuries suffered due to Mobile Phone Use.

Summary of Important Terms in Negligent torts

2010-07-06T18:50:00.001-07:00

If you are injured in a vehicular accident, you can recover damages for your injuries and losses. You can file a personal injury lawsuit and prove the fault of the defendant. You can do this by first knowing negligent torts that you will later on establish with the help of your lawyer.

Here is a summary of important terms in negligent torts:

Negligence

It is the careless act or failure of the individual to exercise reasonable standard of care. The court has strict penalties for negligent acts.

The plaintiff needs to prove that the defendant violated a traffic safety rule or failed to exercise a duty of care (For example, impaired driving). Then, he or she needs to establish this negligent act as a cause of the accident, leading to injuries.

Standard of care

It is the standard or measure by which the court evaluates how normal the person has acted under the given circumstance. It is the objective average behavior that any person will respond to a specific stimulus.

The knowledge, experience, status, internal and external factors, and existing laws are factors being considered in determining the standard of care. A driver with professional license will be considered as knowledgeable of traffic rules and safety procedure on the road.

If he or she commits drunken driving violation, the law views him as responsible for his actions, and will be given heavier penalties. The awareness of the law, the willful act, and motive for doing a tortious behavior are elements measured in standard of care theory.

Malice

It is similar to intentional misconduct wherein the wrongful act is done with a predetermined knowledge of causing harm to others. Malicious acts clearly violate the duty of an individual to consider the safety and welfare of other people. The court orders punitive damages for this case.

Duty of care

It is the responsibility of any individual to avoid harm or cause harm to other people. An individual also has the responsibility to protect other people from a known or potential danger. The court uses a standard guide for evaluating the level of duty of care that a defendant or a plaintiff has exercised.

Breach of duty of care is the disregard for the safety of others and failure to prevent expected dangers. All traffic rules, road safety warning, and driving standards constitutes what would make a negligent act.

If you are injured in a vehicular accident, you may file a lawsuit. Consult a personal injury attorney in Los Angeles and learn more on Negligence and Tort law.

Pedestrian Accidents: Usual Causes and Effects

2010-07-02T18:39:00.000-07:00

In June 2010, a 39-year-old male pedestrian was killed in a hit-and-run accident that occurred in South Los Angeles.

According to reports, Tyrone Jones, from Los Angeles, was walking along Broadway near 92nd Street when he was suddenly hit by a green Chevrolet Lumina. He was announced dead at the accident area.

Pedestrian Accidents in Los Angeles

When pedestrians are struck by vehicles, they are likely to sustain severe or fatal injuries because the impact alone can cause extensive damage to their body. In fact, statistics revealed that in Los Angeles County, 214 people were killed while 4,985 others sustained injuries in 2008 due to pedestrian accidents.

Both pedestrians and drivers should be careful while on the roads in order to avoid triggering an accident or becoming a hazard to others. Here are some of the most dangerous actions that can lead to pedestrian or other road accidents:

Driver error

• Drunk driving- Driving while under the influence of alcohol or drugs can impair your driving skills and prevent you from making rational decisions. In California, a driver will be guilty of DUI if his blood alcohol content already exceeds the imposed legal limit, which is .08%.

Drunk driving stands as one of the leading causes of fatal road accidents in the country. According to statistics, out of the 37,261 deadly crashes that occurred in the U.S. in 2008, 13,846 of them were caused by this unlawful act.

• Failure to stop at a red light- When you see a red light, it means you are required to stop your vehicle and allow pedestrians to cross the street. However, some drivers tend to ignore it because they do not want to be stuck in traffic or they are in a hurry to arrive at their target destination.

Pedestrian error

• Jaywalking- The law requires pedestrians to use marked crosswalks when crossing the street. Failure to do so can cause fatal accidents, especially if they were unnoticed by drivers.
• Walking along freeways or other restricted areas- It is dangerous for pedestrians to cross or walk along freeways because drivers are allowed to speed up in these areas.
• Disobeying traffic signals- Pedestrians should refrain from crossing when there is a “raised hand” or “don’t walk” signal. It tells pedestrians that crossing the road is dangerous because vehicles are already moving.

Seven Secrets to Avoid Intersection Accidents in California

2010-06-29T17:56:00.000-07:00

Road intersections have always been considered dangerous for motorists regardless of the type of vehicle they are driving. According to statistics, one-third of the total number of car accidents in the country occurs at dangerous intersections. In California, the intersection of Wilshire Blvd. and Santa Monica Blvd. is considered a dangerous road crossing due to the significant number of vehicle accidents occurring there annually. If you want to avoid getting into an intersection accident, here are seven tips for you to follow:

1. Put reflectors on the side of your vehicle – This is important at night so that other drivers would recognize the length of your vehicle in an intersection.

2. Anticipate traffic violators – Even though the traffic light is red, do not assume that all drivers will follow it. Look at both directions and check if all vehicles are in a complete stop. That is when you can cross the intersection.

3. If the traffic light is red, make a complete stop – By doing this, your vehicle would avoid being hit by crossing vehicles. You can also avoid receiving traffic tickets.

4. Use turning signals if necessary – If you are going to make a turn, do not forget to stay on the turning lane. Switch on your turning signal to alert drivers behind you.

5. Be aware not only of vehicles, but also of pedestrians and cyclists – Sometimes it is not the vehicles that make intersections dangerous, but the people and bicycles crossing them.

6. If the intersection is uncontrolled, be sure other vehicles have already stopped before you cross – Uncontrolled intersections are often seen in smaller towns and rural areas. While there may be fewer vehicles passing through these areas, you still need to make sure that other vehicles in the intersection are stopped before you start crossing it.

7. Follow the traffic light – Following traffic rules would help you avoid getting into any kind of vehicle accident.

No matter how dangerous a certain intersection is, you can still be safe if you follow the guidelines given above. The state government of California is already taking actions to make dangerous intersections safer for all types of motorists.

Aside from taking note of the reminders provided above, drivers should still consider general driving guidelines such as: driving safely, avoiding tailgating, checking road and weather conditions, etc. If you consider your passengers’ safety as your utmost priority, observing these reminders would definitely be easy.

Los Angeles Freeway Accident List

2010-06-22T18:24:00.000-07:00

Los Angeles major freeways connect the city to other areas within the state. These freeways link the commercial and industrial sites of Los Angeles to other places to make it accessible to many people, thereby making it one of the busiest cities in the US.

However, with the increase in the volume of traffic these days, Los Angeles freeways have become known as accident prone areas. This shows in daily news reports on vehicular crash on one of the following Los Angeles freeway:

1. Ventura Freeway (SR-134 northeast of downtown LA)
2. Antelope Valley Freeway (SR-14)
3. Ventura Freeway (US-101 northwest of downtown LA)
4. Artesia Freeway (SR-91 between I-710 and I-5)
5. Pacific Coast Highway - PCH (SR-1)
6. Long Beach Freeway (I-710)
7. Pomona Freeway (SR-60)
8. Santa Monica Freeway (I-10 west of downtown LA)
9. Pasadena Freeway (SR-110 north of downtown LA)
10. Hollywood Freeway (US-101 south of downtown LA)
11. San Diego Freeway (I-5 South of I-5/I-405 junction)
12. Orange Freeway (SR-57)

Major causes of accident in Los Angeles freeway are:

1. Overspeeding
2. Hitting on red light
3. Failure to give signal when making a left or right turn
4. Failure to heed to traffic signals
5. Failure to follow warning
6. Failure to give way to other motorists
7. Not wearing seat belt
8. No provision of seat belt for infants
9. Worn out tires
10. Defective auto parts
11. Driving under influence (DUI)
12. distracted driving
13. Texting while driving

These violations are also referred to as carelessness or negligent acts. California
law has stiff penalties on traffic violations, especially drunk driving. Blood Alcohol Content (BAC) test is used to measure the percentage of alcohol in the driver's body.
California law imposes limitation of 0.08 percent of alcohol tolerance in the body.

Impaired driving also covers drunk driving as well as drugged driving, distracted driving, texting while driving, driving under fatigue or lingering illness. If the above negligent acts cause injuries to the victim, the impaired driver may face penalties or suspension of license depending on the gravity of the offense.

The injured victim may file a Personal Injury lawsuit and assert compensation rights for medical expenses as well as other losses.

The coverage of compensation is:

1. Hospital bills
2. Therapy
3. Pain and suffering or emotional loss
4. Loss income

The victim needs to provide evidence for the fault, and that it caused the injuries. The victim may present photos, medical records, laboratory tests, documents, objects or debris in the accident scene to substantiate his or her case.

If you are injured in a Los Angeles freeway accident, you may consult with a professional personal Injury attorney in Los Angeles and assert other sources of recovery. It is best to file the lawsuit immediately after the accident or within two months form the date of the accident. You have a maximum of one year to file the lawsuit.

Product Liability involving Motor Bike Accident Lawsuits

2010-06-18T17:35:00.001-07:00

Motorcycle riders and bicyclists are often the victim of bigger vehicles on the road. Collision may easily happen during extreme weather condition or in a hazardous road condition.

Motorcycle riders and bicyclists often lack protective gear. Helmet is the common equipment that supports head. Some riders and cyclists use protective jacket to prevent bruises and lessen the impact during collision. Sadly, these gears are insufficient to fully protect the human body from vehicular accident.

Common causes of Motorcycle and Bicycle Accident are:

9. Sudden left turn of the vehicle without giving proper signal or warning
10. Other impaired driving condition
11. Hitting the red light
12. Other impaired driving condition
13. Failure to abide with other traffic signals and rules
14. Other impaired driving condition
15. The driver of the vehicle failed to notice the bicycle
16. Other impaired driving condition
17. The driver of the vehicle is over speeding
18. Drunk driving
19. The bicyclist is not wearing helmet

Common injuries that can be sustained in a Motorcycle and Bicycle Accident are:

1. Head and brain injury
2. Spinal cord injury
3. Fractured/ broken bone
4. Paralysis
5. Bruises
6. Internal organ damage

If you are injured in a Motorcycle and Bicycle Accident you can seek compensation for you injuries. If the cause of the accident is primarily caused by defective equipment, you may file a Product liability claim.

Product Liability is the responsibility of the manufacturer on the injuries sustained by the customer or person caused by defective equipment.

Product liability has three types involving Defective auto equipment:

1. Design liability- It is the responsibility of the owner to ensure that all plans (blueprint) for the vehicle or its parts is free from harm and it would not cause injury to other person.

2. Manufacturing liability- It is the responsibility of the owner to ensure that the production or processing stage of the vehicle or its auto parts abide with quality standard and California safety regulations

3. Marketing liability- It the responsibility of the owner/ seller/ distributor to ensure that safety warning is properly posted on visible areas of the vehicle. The warning stickers must be visible. The owner also needs to ensure that shipping, handling and storing of the vehicle and auto parts are free from potential damaging hazards.

You need to establish any of the above faults committed by the other party that has caused your injuries. Consult a Personal Injury lawyer to help you file a lawsuit.

Winning Your Slip and Fall Case with Help from Los Angeles Lawyer

2010-06-16T17:50:00.001-07:00

In Los Angeles, a slip and fall case is filed if a person was injured after he slipped or fell while on another’s property. However, winning the case may be difficult due to all the complex issues that are involved in it. Fortunately, there are skilled Los Angeles lawyers who can help the victim fight for his rights and recover monetary damages from the negligent property owner.

Slip and fall accidents

Many people are injured each year after slipping or falling due to the dangerous condition of another’s proper. According to National Center for Injury Prevention and Control, over 8 million people sustained injuries due to falls in 2004 alone.

Older individuals are more susceptible to this accident compared to younger ones. In fact, statistics from the Center for Disease Control (CDC) show that in 2005, around 15,800 people who are 65-years-old and above were killed due to fall related accidents.

Liability of Property Owners

Slip and fall accident cases fall under the premise liability law. It holds property owners and occupiers liable for the injuries sustained by others due to accidents that occurred on their property.

Property owners will be seen guilty if they:

• Applied polish or wax unevenly
• Failed to put enough barriers to close an area where the floor is being cleaned or mopped
• Failed to provide sufficient warnings about the presence of a hazard

Meanwhile, here are some specific causes of slip and fall accidents:

Stairs

• Presence of debris like paper, gum, trash, or dirt
• Missing or broken handrails
• Uneven stairs
• Damaged railings
• Improperly labeled or designated steps
• Inadequate stairway illumination
• Unmarked steps

Outdoors

• Ice and snow
• Inadequate lighting
• Debris along the sidewalks
• Potholes
• Uneven or broken sidewalks

Indoor

• Broken, worn, or torn carpet
• Items that are caught in the rig or carpet, which can suddenly stick up to a person’s footwear
• Damaged flooring
• Inadequate lighting
• Mats or rugs that have worn spots, holes, or curled edges
• Spills that were not cleaned or mopped
• Big gap between the floor and elevator

If you were injured due to the following causes, it is likely that the property owner committed negligence. It is advisable that you immediately call your lawyer and tell him that you are planning to file a case. Taking the legal action will enable you to receive financial help, which can be useful if your injury will prevent you from working for weeks or months.

Workers Compensation claim and Personal Injury lawsuit in Bike Messenger Accidents

2010-06-10T18:22:00.001-07:00

Bike Messengers are faced with increasing risks in Los Angeles streets. The minimal protective gears that a bicyclist can wear expose the body to catastrophic injuries against a speeding vehicle.

Bike messengers have helmets as their only required gear. Some cyclists use protective jacket and pants to prevent bruises and minor injuries.

The government recognizes the value of bike messengers who assist companies in daily office functions. Because of this, the government has issued various federal and state laws on helmet use for all cyclists to prevent serious injuries.

Common causes of bike messenger accidents

1. Hitting on red light
2. Failure to give signal or warning when making a sudden left or right turn
3. Over speeding
4. The vehicle driver failed to notice the bicyclist
5. Failure to give way to the other motorist.
6. Not wearing helmet

Common injuries caused by bicycle accident

1. Head and brain injury
2. Whiplash and neck sprain
3. Spinal cord injury
4. Broken/ fractured bone
5. Paralysis or neurological injury
6. Bruises
7. Psychological effect caused by trauma

If you are an employed bike messenger in Los Angeles, and you sustained injuries in an accident; you may seek compensation for your hospital expenses. You are entitled to a Workers Compensation benefit. You will need to gather your medical records, evidence from accident scene, and employment documents to file your claim.

The employer should compensate the amount of your hospital bills and provide you with needed assistance to regain your post. Workers Compensation claim will only be applicable if the accident occurred during work.

Workers Compensation claim has limited coverage for your losses. You may need to file a personal injury lawsuit to finance long term medication or therapy due to catastrophic injuries sustained.

Personal injury lawsuit will assert other forms of losses like pain and suffering and loss income. You will need to gather more evidence like photos from the accident scene, copy of police report, witness statements, hospital documents, expert statement, and summary of medical treatment expenses.

The amount of damages that you can recover from a personal injury lawsuit may help you finance surgery and physical therapy. Should the court allow structured payment, it will provide regular allowance for your family’s needs.

Workers Compensation claim and Personal injury lawsuit can be filed simultaneously. Workers Compensation benefit is your right as an employee, while filing a personal injury lawsuit is your right as a citizen of United States. Consult with a professional lawyer in Los Angeles and learn more on how to file your case.

Most Common Causes of Truck and Big Rig Accidents

2010-06-08T17:03:00.000-07:00

Some of the most dangerous cases of traffic accident in Los Angeles usually involve trucks and big rigs.

Truck and big rig accidents usually result in devastating injuries and massive property damage.

Just by the size of one big rig and you could already tell that if anything goes wrong, the ending result will not be pretty.

Another point to consider is that in majority of highway accidents that involve multiple vehicles, the chances that there is a truck or a big rig is also high.
But what causes these truck and big rig accidents?

According to the 2006 Federal Motor Carrier Safety Administration report, here are the top driver behaviors that cause truck and big rig accidents:

• Driving under the influence of prescription drugs (26%) – Some prescription drugs can have side effects such as drowsiness, nausea, and sleepiness, which could cause a driver to lose control of the truck

• Speeding (23%) – The higher the speed the more difficult it is to control a vehicle. Big rigs are difficult enough to operate in regular speed, imagine trying to make defensive maneuvers in high speed. That is why the maximum speed trucks are usually allowed to run is about 55mph.

• Unfamiliar with Road (22%) – Since it is difficult to operate truck or a big rig, most drivers plan their route ahead even before driving that is because, it will be difficult to adjust on unfamiliar roads where you do not know which lanes to take, especially when negotiating sharp turns.

• Driving under the influence of over-the-counter drugs (18%) – Same with prescription drugs.

• Driver Fatigue (13%) – Truck drivers, especially those who drive interstate, put in long hours on the road which leads to driver fatigue. This is very dangerous as it could cause the driver to doze off behind the wheel.

• Illegal Maneuver (9%) – Illegal maneuvers such as making a pass on a freeway or an intersection can lead to dangerous collisions

• Failed to evade (7%) – As said before, large trucks are difficult to control. It will be difficult to perform evasive maneuvers to avoid collisions.

• Aggressive driving – Since many truckers are chasing deadlines, it is not uncommon for drivers to be aggressive on the road. However, this increases the risk of truck accidents.

These are some of the behaviors of drivers that could cause truck and big rig accidents.

You should consult a truck accident attorney if you are ever injured in one.

Sources of Recovery for Traffic Injuries in Los Angeles

2010-06-03T16:51:00.000-07:00

Traffic injuries are often caused by vehicle collision, which results from either your negligence or the negligence of the other party. At times, it is caused by defective auto parts, in which the manufacturer can be held responsible.

Road accidents may result in the following traffic injuries:

1. Head or brain injury
2. Spinal cord injury
3. Whiplash or neck sprain
4. Fractured or broken bone
5. Internal organ damage
6. Bruises
7. Broken arm or leg
8. Paralysis

Causes

Traffic injury also results from the negligent acts of drivers who violate traffic rules and signals. The driver may overlook a warning sign and crash into a guard rail or median road. The driver may attempt to exceed speed limit and fail to stop at an oncoming car. Worse, it may roll over and cause the roof to collapse.

Roll over accident is the primary cause of catastrophic and fatal injuries because a collapsed roof may force the head and neck and eventually damage the spinal cord. A slight fracture on the spinal cord is enough for the person to have difficulty in exercising basic body movements and senses.

The spinal cord protects numerous nerves that transmit signals to the central nervous system, affecting functions on touch, smell, perceiving, hearing, seeing, and other psychomotor activities.

Spinal cord injury is considered as a serious and catastrophic injury that requires long term treatment. The victim may undergo several stages of surgery and therapy to regain normal day-to-day body functions.

Other causes of traffic injuries are:

1. Driving under influence (intoxication from alcohol or drugs)
2. Reckless driving
3. Sudden left/right turn without giving signal or warning to other motorists
4. Hitting on red light
5. Not wearing seat belt or protective gear
6. Defective air bags
7. Design defect
8. Road hazards and obstruction
9. Curve, slope, or hazardous trail
10. Extreme weather condition
11. Defective tire/ brake

Recovery
If you are injured in an automobile accident caused by the above traffic violations, you may receive compensation for medical and hospital bills, therapy, pain and suffering, and loss income. You will need to file a personal injury lawsuit/ insurance claim/ product liability claim to receive damages.

When filing a lawsuit/ claim you will need to establish the fault. It is also often referred to as negligence. When the driver commits any of the above traffic violation, he or she is considered careless or negligent.

California laws implements strict penalties for negligent acts provided that there are sufficient evidences to prove the allegation.

How to win your case:

1. Establish and prove the cause of the accident
2. Provide evidence that such negligent act or object caused the accident
3. Prove that the accident caused your injuries

You may file for a Product liability claim if the defective auto part caused the accident. You may also receive other sources of recovery by filing an insurance claim.

Consult with a professional Personal injury lawyer in Los Angeles and learn how you can file a lawsuit/claim.

What is the Importance of Consulting a Personal Injury Attorney

2010-06-01T17:31:00.001-07:00

If you are injured in an automobile accident, you have three options: File an insurance claim, file a lawsuit, or negotiate. There are advantages and disadvantages for each option you choose depending on the type of case and percentage of fault that you have in the accident.

• Insurance claim- If you have available uninsured motorist insurance plan, you can receive immediate coverage for your injuries. Your insurer will pay for your emergency bills and medical treatment for the soonest possible time. You may also seek compensation from the other party should he or she has minimum liability insurance. One disadvantage is when the insurer will not give fair adjustment for your damages.
• Lawsuit- If you want to receive just and full compensation including losses in property, long term therapy, emotional suffering, and loss income; you may file a Personal Injury lawsuit. This gives you a chance to receive damages in lump sum or structured settlement agreement should you win the case. A lawsuit usually involves serious or catastrophic injuries. This type of injury often left the victim paralyzed, disabled, or incapable to resume work. The court awards higher amount so that the victim can finance his long term medication and secure his family’s welfare.
• Negotiation- If you are involved in an automobile accident, and you commit a larger percentage of the fault; the best option is to initiate a negotiation. Your chance of winning the case is low. This may risk your financial status. Settling the accident right after the accident and offer payment in hospital bills may lessen the chance that the injured party will file a complaint.

All of the three options will need a personal injury attorney to help you represent your case before the court. Consulting with your attorney is important in determining the fault of the other party. He or she will determine elements of fault such as negligence, strict liability, and recklessness.

Negligence refers to the utter disregard of safety for other people. It includes violation of traffic rules and procedures. Failure to exercise the standard measure for avoiding harm also constitutes negligence.

Strict liability refers to the responsibility of the owner to compensate for injuries regardless of who is at fault.

Recklessness refers to the failure of the individual to prevent harmful actions that may absolutely injure the other person. One example is driving under influence.

Knowing the value of your case and your chances of winning may help you choose what the best option in asserting your rights is. Consulting with a Personal Injury Attorney will help you achieve the best source for recovery.

The Basics of Road Rash Injuries

2010-05-27T17:06:00.000-07:00

Biking accidents happen as often as ordinary vehicular accidents do. Every cyclist or biker will - at some point experience - this kind of accident at least once in their careers. There are three common types of skin injuries that a cyclist may acquire in an accident.

• Abrasion – This is a wound caused by the friction resulting from the contact between a rough surface and the surface of the skin. It is characterized by bright red blotches.

• Cuts – A cut is damage to the blood vessels beneath the skin’s surface, which eventually causes blood loss.

• Lacerations – Laceration is a deep wound on both the skin and a portion of the underlying tissue.

Abrasions often cause what is known as road rash. A road rash injury occurs when the bicycle crashes, causing the body to be dragged across the rough pavement. The dragging or skidding effect of the body to an asphalted road produces friction, which in turn brings about scrapes that do not reach the dermis.

The injured part of the skin is cracked and is tender to the touch. Road rashes do not bleed too much, but are really painful because the nerve endings of the skin are exposed. If the impact of the road and skin occurs at over 50 km/h, the degree of damage may be significant. Road rash injuries often affect cyclists, skateboarders, in-line skaters, and mountain bikers.

An example of an accident that may cause road rash is when the cyclist miscalculates a turn to the corner. In an angled position with significant speed, the cyclist is likely to slide out of the bicycle. Body parts that are at risk for a road rash injury are the outside part of lower leg, knees, palms, arms, shoulders, and even hips.

In case of an accident, decide whether or not you need urgent care for your road rash. Head to the nearest medical service provider that you can find if you’re not sure of the magnitude of the injury or if there is a significant amount of bleeding. If the rash is not so bad, you can clean it yourself, but take extra care to avoid making it worse.

Remove small figments that the wound may have gathered from the road but avoid pushing the dirt any further down the scrape. You may also remove the dead skin. If you need to, gently scrub the scrape before cleaning and putting on ointment and dressing.

Road rash is generally not fatal if handled with care. Avoiding it is not hard to do either.

Defective Tires Caused by Manufacturing and Maintenance Failure

2010-05-25T17:34:00.001-07:00

Tire defects places motorists at serious risk. Scattered debris of blown up tires on highways may be run over by vehicle and accidentally send it flying to the windshield of the vehicle on its tail. Once this happens, the driver may lose his control over the vehicle and start a multiple car collision.
Aside from road hazards, blown up tires also mean drivers losing control over the vehicle after a tire blow-out. There are cases when these drivers accidentally hit a vehicle, a road fixture, or the vehicle tips to its side and flips over.
All these hassles and possible accidents can be avoided with proper tire manufacturing and maintenance.
Proper Maintenance
Owners of trucking companies must make sure that all their vehicles are well-maintained especially because they are carrying heavy cargos and trailers that exert much pressure on the tire.
When this happens, tires will easily be worn out and, thus, be more prone to tire blow-out. Also, proper inflation of each tire is important in making sure that the driver will not encounter any glitch along the way.
Making sure that tires are properly aligned is important in preventing accidents that may be caused by a malfunction or a defect. Also, tire pressure should be checked regularly, at least once a week, with a gauge to make sure that it has enough air.
Product Liability
Tire manufacturers are often named as the liable party in lawsuits alleging negligence which led to an accident. They have the responsibility to make sure that the tires they make can endure the expected amount of pressure that it will have to endure.

Once manufacturers start receiving complaints against their product, they must have it tested and determine if a recall is necessary. Issuing a recall and awareness of the product’s defect is important so that consumers will be warned in time and avoid accidents that would have to be compensated by the company.
Compensation often includes:
• Hospitalization, medications, and treatments needed by victims of an accident caused by a blown up tire

• Repairs or replacement of products damaged by the accident

• Hedonic damages that will compensate the victim’s inability to engage in life activities such as walking or talking

• Loss of income caused by the victim’s inability to work because of the injury sustained in the accident

Compensation for these damages will burden the liable party and should provide adequate replacement for the victim’s losses.

Defective Tires Caused by Manufacturing and Maintenance Failure

2010-05-21T17:06:00.000-07:00

ATV Recalls: Preventing Accidents Caused by Defective ATVs

2010-05-19T18:12:00.000-07:00

If you are fond of outdoor adventure, you will definitely be familiar with All-Terrain Vehicles or ATVs. ATVs are often composed of three or four wheels and are ideal for recreational and outdoor activities. Unfortunately, ATVs are also known to cause accidents and injuries. One of the most common causes of such situations are defective ATV parts. The following are some of the components that usually become dangerous for ATV drivers:
• Weight problems – Obese people aren’t the only ones who should worry about their weight. Some ATVs also have this kind of problem. ATVs that are too heavy have a higher risk to be involved in a rollover accident.
• Small and narrow wheels – Wheels are crucial in an ATV because they support the weight of the entire vehicle. If wheels are too narrow or too small to support the upper part of the vehicle, it may rollover when making turns.
• Insufficient safety components for ATV drivers and passengers – Manufacturers should be aware that there will always be risks of rollover accidents. That is why it is advised that they install more components that will protect ATV occupants in case of an accident.
• Absence of instruction manuals and/or labels – Labels and instructional manuals are very important especially for owners who are having an ATV for the first time. If manuals and labels do not contain enough information, the owner may be at risk to encounter an accident.
• Steering problems – Steering is very important especially when the ATV is used off-road.
• Brake system problems – Owners should make sure that their ATVs have reliable brakes. This applies whether the ATV is used off-road or on a concrete pavement.

If you have your own ATV and it has at least one of these defects you may contact its manufacturer and request an ATV recall. Once a recall has been made, the manufacturer will be responsible in carrying out the necessary repairs to ensure the safety of its consumers. While the safety of ATV owners and drivers depend on the vehicle’s safety features, there are also some accidents that have nothing to do with defective parts. Below are some factors that may also contribute to an ATV accident:

• Driver negligence
• Lack of proper training in ATV driving
• Loading too many passengers or cargo
• Driving the ATV in public

All-terrain vehicles are modes of transport that are ideal for people who love the outdoors. However, owners should make sure that their ATVs are free from any defects. If you found a possible risk to cause injury, call the manufacturer immediately and request a recall or repair for your ATV. Once an ATV recall has been made, you can be sure that you or your child would not be in danger.

Most common Dangerous Road Conditions that could cause Car Accidents

2010-05-17T16:24:00.000-07:00

Did you know that more than thirty percent of major crashes in the United States have road design or road condition as a contributing factor for the accident?
That is right; although the road and its environment usually do not directly cause a car accident, it may have influenced the primary cause.

For example, a car rolled over because of speeding.

However, you know that speed alone cannot cause a vehicle rollover, it needs a trigger and usually that is a sharp curve that is difficult to negotiate.
You should know that dangerous roads and car accidents usually come hand in hand so you should always be prepared.

Here are some of the most common dangerous road conditions:

• Fixed objects – These are permanent objects that are placed on the roadway such as trees, light posts and fire hydrants.

• Curvy roads – Roads with sharp curves and turns is one of the major cause of SUV rollovers. Adequate warning signs should always be placed to warn motorists.

• Extremely narrow roads – This is most especially dangerous for converging traffic where vehicles might race each other to get through the narrow lane.

• Uneven lane divisions – Each lane should be able to fit a truck. If the lane is narrower than that, a motorist may miscalculate the distance with the vehicle on the other lanes.

• Potholes – These are holes on the road caused by missing pieces of asphalt, which could cause a vehicle to lose control, especially those running in high speed.

• Oily road – Not only from spilled petroleum, oily roads can also be a result of resurfacing a road with a petroleum solution. As the time deteriorates the filler, the road becomes more slippery because of the presence of oil.

• Un-resurfaced roads – These are roads that have not been resurfaced for a long time. These roads pose a high risk of hydroplaning, especially for vehicles going 40mph or higher.

• Icy roads – Strips of ice can form on roadways during cold climate. These patches of ice are almost invisible so it is almost impossible to spot them until it is too late.

• Wet roads – The roads can become slippery after rain or snow.

• Inadequate safety measures – the adequate guardrails and proper line stripping prevents most head on collisions.

If you have been injured as a result of the above dangerous road conditions, then you may have a case against the city or the state since they are the ones responsible in ensuring that these public roads are safe.
Make sure that you have an expert car accident attorney by your side when you file your personal injury claim.

Cell Phone Use While Driving: Statistics and Prevention

2010-05-13T17:04:00.000-07:00

In May 2010, Gov. Jim Doyle of Wisconsin officially signed the law that makes reading, typing, and sending text messages while driving illegal. Typing on computers would also be banned under this law. It was only last April when this legislation was passed as a bill. The signing of the law turned Wisconsin into the fifth state that implemented a total ban on cell phone use or texting while driving.
People caught disobeying the law will be fined, ranging from $20 to $400. Exceptions will be that of emergency situations and GPS devices. The offender will also be required to attend lessons regarding text messaging and driver education classes. The ban will take effect on December 2010.

Cell phone use while driving is pointed out as one of the leading reasons behind vehicular crashes, since doing such is considered a driving distraction. In fact, according to the study conducted by the psychologists at the University of Utah, having a cell phone on the driver’s ear is as just as deadly as the driver being intoxicated. That is because when the driver is distracted by the conversation, he tends to “drive slower, brake slower, and is more likely to crash.” David Strayer, the study's lead author said that the level of impairment between a drunk driver and a driver using a cell phone is “very similar.”

In a 2008 survey by Nationwide Insurance, 67 percent of respondents admitted to using cell phones while driving, while almost 6,000 people died due to driving distractions. Half a million were injured. These statistics pushed countries like Australia, China, France, and Japan to ban texting while driving.

To avoid texting while driving is understandably hard, but there are a few steps that the driver can take to resist the temptation of reaching for the mobile phone.

• Turning off the phone – Pressing the off button is a sure way to avoid using the phone while driving. With the phone turned off, the person won’t have to answer any calls or messages received. However, this is not advisable if the driver is in the middle of an emergency that needs to be addressed.

• Carpooling – In case there is a passenger in the car, ask help from him or make him take the call or message. If the passenger knows how to drive, the driver can switch places with him.

• Opting for a mass transit – If a person chooses a public transportation, he has a lower chance of getting into an accident caused by cell phone use. That way, he can also talk or text as much as he needs to.

How Auto Defects Reduce a Vehicle’s Crashworthiness

2010-05-11T18:28:00.000-07:00

Every car manufacturer has the responsibility to ensure that its products are capable of securing their passengers in the event of a car accident. This ability is commonly called “crashworthiness”, meaning the vehicle is “worthy” to be in a car accident. There are several ways how to determine the crashworthiness of a certain vehicle, and one of them is by identifying if it has auto defects. Some auto defects that would reduce a car’s crashworthiness include:

• Airbag malfunction – Airbags should have perfect timing. Car passengers may suffer fatal injuries even with a one-second delay in airbag deployment.

• Defective head and neck restraints – Car seats should have sturdy neck restraints to prevent serious head and neck injuries.

• Seatbelt defects – The purpose of the seatbelt is to ensure that the passengers remain seated in a vehicle collision. If the seatbelts have defects, passengers may hit the vehicle’s interior.

• Tire and wheel failure – Tires and wheels that have defects may get the car out of control, resulting to an accident.

• Fuel tank and engine defects – These defects include leaks, defective engine combustion components, and faulty wirings.

• Door latch failure – Doors should be stable enough to prevent passengers from being discharged off the vehicle.

• Roof caving – This happens when the materials used to manufacture the vehicle roof are not strong enough to prevent roof caving, especially in rollover accidents.

• Underride accidents – This type of accident happens when the rear bumper of a car causes another vehicle to go under it, trapping its occupants inside.

If your vehicle has one or more of these auto defects, and it caused you or other people property damage and personal injuries, you can sue the manufacturer for their non-crashworthy car. There are several points you have to prove before you file a crashworthiness and auto defect lawsuit.

• The vehicle has a defective component that made it dangerous.

• The defective parts of the car made the injuries of its passengers worse.

• Your car sustained the defect the moment it left the manufacturer or dealer.

Winning a crashworthiness and auto defect lawsuit would be easier if you have a product liability attorney with you. His experience will definitely help determine possible arguments and counter-defenses against the other party.

If you have a defective car, do not hesitate to file a lawsuit against its manufacturer. Vehicles are supposed to secure their passengers in a car accident, not make their injuries worse.

Overview of Violations that could Result to Driver bans and other Suspensions

2010-05-07T18:16:00.000-07:00

California is one of the US states that enforces a point system that decides driver bans and other suspensions.

Continuous violations of traffic laws can lead to accumulation of traffic tickets.
If that happens, you can be considered as a negligent driver and your driving privileges may be removed.

Once you are considered a negligent driver, you can be placed in probation for at least a year that comes with 6 months or you can completely lose your privilege to drive.

To be considered negligent driver, you have to accumulate these many points:

• 4 points in one year

• 6 points in two years

• 8 points in three years

Major offenses usually earn you two points automatically and it will stay on your record for 10 years, while less serious offenses earn you a point that will stay in your record for three years.

Some of the most major offense that results in driving ban and suspensions are:

Lack of financial responsibility
You can get your license suspended or revoked and even get your car impounded if you are caught without proof of financial responsibility.

Under state law, you are required to have liability coverage before you drive a vehicle.

Most of us choose to get car accident insurance policy to meet the requirement.
The minimum liability coverage required in California is:

• $15,000 for one injured party or death

• $30,000 for all injured parties or death in one car accident

• $5,000 for property damage

Driving under the influence of alcohol or drugs

California has one of the strictest DUI laws in the United States.
Even on your first conviction, your license could get suspended for at least 6 months and the suspension duration will get longer in the succeeding convictions.
If you are under 21 years old, being caught with an alcoholic beverage can get your driving license suspended for one year.

If you do not have a license yet, being caught with an alcoholic beverage will delay your privilege to drive for one year.

Reckless driving and hit-and run

Convictions on reckless driving and hit-and-run can lead to an automatic revocation of your driver’s license, especially if your actions lead to physical harm or death.
California has strict laws against aggressive driving and those who leave an accident scene – even a minor one – can be prosecuted by the District Attorney.

So aside from losing driving privileges, it could also lead to criminal liabilities.

Los Angeles Truck Accident Attorneys: Putting the Case in Safe Hands

2010-05-05T23:16:00.000-07:00

Truck collisions are among the most dangerous vehicle accidents on the highway. Every year, thousands of drivers, car owners, and even bystanders are killed because of these unfortunate events. Although people try their best not to get involved in one, they still could not keep themselves away from such a traumatic experience. Just in case it happened to you, what steps would you take to lessen the damages it can do to your financial situation?

Getting insurance is one of the common preparations car owners do to ensure all their possible expenses would be covered. However, in most cases, insurance companies fail to fulfill their responsibilities mainly because they do not set your interests at best. In this case, you need to seek a more reliable source of help.

There are lawyers who specialize in providing assistance to car owners to prove the liability of the truck driver and company. They would often send investigators to examine other factors that suggest probable evidences of fault on the truck driver’s part. They usually investigate the truck, the driver’s mental state, manner of the collision, and other important details to be used in the trial. Even the minutest details may turn the tables on your favor. Here are some of the factors that may help you win the case:

• If there was an engine malfunction on the truck when the accident happened.
• If the driver was under the influence of any alcoholic beverage or drug.
• If the witnesses are on your side.

Getting these pieces of information would just be a piece of cake if you ask help from experts. If you are living in Los Angeles, you can choose among several law firms to assist you in your case. You may search online for the best lawyers in your location. Remember to verify if they are indeed attorneys specializing in truck accidents. You may find out later on that they are as clueless as you are in your case.

Los Angeles truck accident attorneys will certainly make you win the case much easier. Just make sure to gather all the initial evidences you can find right after the accident so they will have something to start with. The money that you will pay for their services will surely be worth it once you have secured your finances and received the payments due to you.

How to Avoid Having Defective Car Seat Products

2010-04-29T18:05:00.001-07:00

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.

Rail Safety Improvement Act: Minimizing Metrolink Train Accidents

2010-04-27T17:32:00.000-07:00

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.

The Role of Parent – Teen Communication in Road Safety

2010-04-22T17:08:00.001-07:00

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.

Determining Liability in Tour Bus Accidents

2010-04-20T18:28:00.000-07:00

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.

How to Prevent Los Angeles Big Rig Accidents

2010-04-16T17:45:00.000-07:00

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.

A Contractor’s Guide to Prevent Crane Accidents

2010-04-14T17:44:00.001-07:00

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.

Owner’s Liability in Dog Bite Accidents

2010-04-12T17:43:00.000-07:00

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.

Brake and Tire Failure Causing Truck Accidents

2010-04-06T20:20:00.000-07:00

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.

Tips on Rollover Prevention

2010-03-31T17:03:00.000-07:00

Rollover accidents almost always involve vehicles with higher center of gravity such as vans, SUVs, and trucks. This is because the higher the chassis components are, the harder to control and less stable the vehicle gets.

This poses a great threat to families heading for long trips on their RVs and vans. According to a study, these vehicles are three times more likely to be involved in rollover crashes compared to regular vehicles and that these accidents are also accountable for taking 10,000 lives each year.

To avoid this, here are some helpful tips and reminders to drivers and occupants:

• Put seatbelts on – Most of the deaths from rollover accidents are caused by the ejection of the occupant from the vehicle and so the first thing that should be done after getting inside a vehicle is to strap in. Also, studies have shown that the use of seatbelts has greatly diminished the number of fatalities in accidents.

• Check tire pressure and condition – It is important that tires be checked before driving away to avoid possible problems that may arise while in the middle of the trip.

• Never overload – Overloading will upset the balance of the vehicle and make the maneuvering of the vehicle harder and will result to higher chance of being injured.

• Drive cautiously – Since driving vehicles with higher center of gravity is more dangerous and is prone to rollovers, drivers must be more careful in making turns or sudden lane shifting to avoid losing control.

• Maintain speed limit – With greater speed comes the difficulty of managing your vehicle. Motorists ought to be more careful and be wary of approaching road conditions so that they can prepare and be alert.

Aside from the reminders above, drivers must also never risk the lives of their passengers by driving while intoxicated. Driving under the influence of alcohol will further increase the possibility of rollover accidents as the driver will have a compromised sense of judgment because of the drugs or the alcohol intake.

Other Factors in Rollover Accidents

Aside from driver’s negligence, there are other factors that could cause injuries and even fatalities in rollover accidents. Here are some of them:

• Roof crash – Occupants often rely on the crashworthiness of their cars to protect them if ever their vehicle would turn over. However, studies show that some roofs of vans and SUVs are not designed to protect occupants from outside impact and be more harm than good as roof crash can also cause serious injuries such as head trauma.

• Seatbelt malfunction – Many people have died because the restraint of the seatbelt that they expect to keep them in their seats is not strong enough which can get them ejected. These safety belts and buckles must undergo tests before the public can access it so that they won’t cause life-threatening injuries.

• Child seats – There are instances when a child’s safety seat malfunctions causing the child to be thrown away in a crash even after their parents have tucked them in safely.

If victims of a rollover accident experienced any of the above problems, they may be eligible to file product liability claims from manufacturers and distributors. It would be wise to immediately consult with a personal injury lawyer.

Road Debris Causing Auto Accidents

2010-03-26T16:39:00.000-07:00

Motorists are always at risk from auto accidents caused by road debris. Some of these victims are killed because of someone else’s negligence of letting road debris obstruct the path of unsuspecting drivers.

Road debris often gets launched by tires into the preceding vehicle causing it to hit the windshield or get inside the vehicle through the open windows. Many drivers have experienced this as they themselves have been hit by road debris.

There are instances when rubbles and other materials that are big enough cause drivers to suddenly apply brakes or shift lane which greatly increases the chances of colliding with another vehicle.

Liability

These road debris often come from loose cargos and fallen rocks from road fixtures. The government has the responsibility to remove road debris and keep motorists safe from these accidents.

The government can always say in their defense that they were not immediately alerted of the debris or that they had no time to remove it before the accident happened.

Finding the party responsible for leaving the road debris is a much harder task to accomplish in these freeways where vehicles are expected to travel at high speeds.

These accidents often lead to higher expenses and so it is important for the victim to consult with a skilled personal injury lawyer who can assess his claims and determine whether they have enough evidence to place the blame on the offender. These experts will help in determining the amount of compensation that will be sufficient enough for all the damages the accident had caused.

Preventing Accidents Caused by Road Debris

Deaths from these accidents are not unusual as the vehicle would suddenly and dangerously stop on his tracks because of road debris. This would cause him to obstruct someone else’s path and, consequently, be hit. Many families have suffered the loss of their loved ones because of these accidents.

Because of this, here are some helpful tips on how to prevent accidents caused by road debris:

• Make sure that loads are secured so that it won’t fall over when travelling on freeways

• Maintain a safe distance from other vehicle to avoid chain accidents

• Truck drivers should be trained to safely maneuver vehicles so that cargos won’t fall off

• Motorists must report road debris so as not to endanger other drivers.

• Keep your eyes on the road so that they will have time to react to road debris.

Importance of Strict Liability in Defective Product Accidents

2010-03-24T17:08:00.000-07:00

The strict liability doctrine is a very important doctrine in tort law especially in dealing with defective product accidents.
Strict liability holds a person or an organization liable for the damages caused by a defective product accident regardless of culpability or fault.
It separates product liability cases from other personal injury lawsuits that usually use the negligence doctrine to prove the defendant’s liability.
Before the doctrine of strict liability, plaintiffs have to use the negligence doctrine to prove the manufacturing company’s liability for the accident.
However, investigating the manufacturing company’s negligence proved to be difficult and expensive.
Most manufacturing companies keep their production operations from outsiders and would not let just anybody, especially a person who plans to sue the company, see it.
So the strict liability doctrine was added into tort law specifically for product liability cases.
This is done in recognition that:
• The consumer or buyer cannot be expected to prove whether the manufacturer, seller or renter had the proper system to check for defects
• The consumer or buyer cannot be expected to prove that the seller caused the defect after receiving the product from the manufacturing company.
• The consumer or buyer cannot be expected to check every product for defects before using it.
So under the strict liability doctrine, regardless of the manufacturer’s claims that they took all the care in producing and handling the product, the person who got injured by the defective or unexpectedly dangerous product may recover compensation from the company.
However, like all personal injury cases, there are certain factors that have to be proven to make a successful claim.
Here are the factors for strict liability cases:
• The product had an “unreasonably dangerous” defect that caused injury to the plaintiff. There are three types of defects:
o Design Defect – defects that was inherent in the design
o Manufacturing defect - - defects that occurred in the production line
o Selling/Distribution defect – defects that occurred during handling, shipment or on the store itself
• The defect caused the injury of the plaintiff while the product was being used in the way that it was intended to be used.
• The product had not been substantially altered from the condition in which it was originally sold.
Victims of defective products are recommended to stop using the product after discovering the defect and report it to the US Consumer Product Safety Commission.
Plaintiffs may not be able to claim strict liability if he or she knew about the defect but still continued to use the product.

Overview of Head and Spinal Cord injuries

2010-03-22T17:16:00.000-07:00

Head and spinal cord injuries are the leading cause of death and disability, not only in the US but also the whole world.
Head and spinal cord injuries are usually caused by vehicle accidents but can also be due to fall accidents, violence and other conditions that could cause trauma to the head or back.
Here’s an overview of the two injuries:

Head Injuries

Head injuries are usually caused by trauma to the head.
It becomes really dangerous for the victim if the injury reaches the brain.
Traumatic brain injuries or TBI account for about 200,000 deaths and about 500,000 more hospitalized for treatment in the US each year.
The severity of this injury is difficult to gauge.
The victim may feel better one day only to worsen the next.

TBI symptoms include:

• Headaches, dizziness and nausea

• Sudden loss of consciousness

• Loss of memory

• Alterations in the mental state of the victim

Spinal injuries

This refers to injuries to the spinal cord that could affect the communication of signals in the victim’s nervous system.
The most common spinal cord injury is paralysis.
Paralysis refers to the loss of sensory and motor functions in one or more muscle group.

The two most common types of paralysis are:

• Paraplegia – this refers to the paralysis or the loss of sensory and motor functions in the lower extremities or the victim’s legs.

• Quadriplegia – this refers to the total or partial loss of sensory and motor functions on all limbs and the torso of the victim.

These two catastrophic injuries could change the lives not only of the victim but their family as well.

Even if the victim survives the injury, the cost of medical treatment and therapy can take a toll on their finances.

Some of the options that can be pursued by the victim are:

• The victim may file a personal injury claim or lawsuit so he can collect damages from the liable party if the injury was caused by the negligence of another person.

• The victim may apply for worker’s compensation if he sustained the injury in the workplace. However choosing this option would also surrender the victim’s right to sue employer.

• The victim may file for Social Security Disability Insurance.
The victim may consult with an attorney to know the best legal course he may take.

Pursuing a Wrongful Death Claim

2010-03-19T15:19:00.000-07:00

Compared to property damages and personal injury lawsuits, wrongful death damages are more costly. Aside from paying funeral and burial expenses, the bereaved family also needs to cope with the loss of their loved one. In such cases, they should pursue a wrongful death complaint against the responsible party.

Last week, a 45-year-old woman died after a truck crashed into her house, pinning her against the stove. The victim sustained serious leg injuries, which have caused her death says the police. According to the initial investigation of the California police, the suspect, a 19-year-old male, may have been trying to commit suicide because he ran a red light and hit a brick wall before smashing into the victim’s house.

The driver has clearly caused the wrongful death of the woman who was probably preparing dinner for her family when the accident happened. He should definitely be charged with vehicular manslaughter because of his actions. The bereaved family should immediately take legal action in filing a wrongful death complaint against the suspect.

While the police consider the driver’s actions as unintentional, his negligence still caused the death of an innocent woman. To pursue this kind of wrongful death case, the bereaved family should hire an experienced attorney to gather enough evidence against the driver who should be made to pay for the pain and suffering he caused to the decedent’s family.

There are numerous law firms in California that have competitive lawyers who can handle such cases. The family should just specify details regarding the incident to determine their chances of winning their lawsuit. Some of the damages they can claim compensation for the following losses:

• Their loved one’s household services.
• The decedent’s value to the family.
• The deceased’s love and support to family members.
Wrongful death complaints are usually more difficult to handle than property damage or personal injury claims. But once the bereaved family gets a reliable attorney, obtaining justice for their deceased loved one will become possible.

Safety Recalls – Are They Necessary?

2010-03-17T17:38:00.000-07:00

Vehicles are useful devices that help people to transfer from one place to another. However, vehicles and their drivers should also ensure the safety of their passengers while transporting them to various locations. That is why it is crucial for vehicles to undergo a safety inspection. If a car or motorcycle has the potential to cause a safety hazard, it may be recalled. Safety recalls are conducted by manufacturers if:

• The defects pose a safety risk in the vehicle.

• The safety defect is present in a group of cars, causing a widespread safety hazard among drivers.

Usually, safety recalls are made if the car owner complains about a safety defect in the vehicle. If you also want to check whether your car has safety defects or not, here are some things you may examine:

• Steering wheel – If the steering wheel has defects, the vehicle would be difficult to guide.

• Fuel system – Poorly-secured gas tanks might explode right after an accident.
• Car seats – These should ensure that the occupant remains in an upright position, even in high-impact collisions.

• Wiring – Wiring defects may cause lighting problems. This can be dangerous especially at night, during heavy rain, hail or snowfall.

• Airbags – These components should be checked carefully to ensure that they can safely secure the occupants in the car’s front seats.

• Wheels – If the wheels are not durable enough and one of them breaks, the vehicle will get out of control.

• Brakes – The brakes makes sure that the vehicle stops at the right place and time. If the brake does not function well, there is a high possibility that the vehicle will be involved in a collision.

If you have discovered that your car has one of the following safety defects, report it immediately to the manufacturer. Under federal and state laws, if the product has safety defects, auto manufacturers should provide repair services for free.

However, there are instances where manufacturers refuse to conduct free checkups and repair. If this is the case, you may file a complaint with the National Highway Traffic Safety Administration (NHTSA). The NHTSA is an agency of the Department of Transportation that ensures the safety of all vehicles on every U.S. road. Handling vehicle safety defects is one of the NHTSA’s many responsibilities in making roads and highways safer for every motorist.

Once you report your case to the NHTSA, they will promptly take action against the manufacturer of your vehicle. They will carry out several investigations on your behalf based on your complaint and your car. If they found out that the manufacturer did not comply with federal and state laws regarding safety recalls, they would charge fines and take legal actions unless the auto producer agrees to repair or replace your car.

Taking Immediate Action for Defective Auto Parts

2010-03-15T20:39:00.000-07:00

Defective auto parts should not be treated lightly. According to statistics, around 42,000 car accident fatalities each year are caused by defective auto parts. These accidents could have been prevented if their vehicles were in good condition. There are basically two types of car defects: manufacturing and design defects.
• Manufacturing defects – These are defects that do not pass the manufacturer’s standards. Compared to other products of the same type, a product that has manufacturing defects is different in terms of functionality and/or durability.
• Design defects – Unlike manufacturing defects, design defects are “correct” products of the manufacturer. The problem however is the design itself, which makes the product unsafe for its users. In cases like these, the complainant’s lawyer may suggest safer ways to design the product.

Depending on the type of defect, a car may cause a wide range of possible damages and injuries. If you want to avoid such unfortunate incidents, you should conduct a regular examination of your vehicle and see if it is safe to use. The following are some factors that you need to check to identify whether your car has defective parts or not:
• Steering components – The steering wheel lets you control where the car is going. If one or all of its components are defective, you are in great danger.
• Fuel system components – In the event of a car collision, fuel system defects may cause the vehicle to explode. In other cases, your vehicle may suddenly stop while you are driving on a highway, which can cause a chain car collision. Fuel system components should also be durable enough to endure crashes or collisions.
• Tires – Make sure that your automobile’s tires will not blow out in unexpected situations. One blown tire can cause a rollover accident.
• Wheels – Wheels are considered as the vehicle’s transporter. If a wheel breaks or loses its tread, the car may become completely out of control.
• Accelerator – The accelerator controls the car’s speed whenever it changes gear or decelerates. If the accelerator breaks or sticks, the car may get into a high-speed car accident.
• Wiring system – The wiring system controls the vehicle’s power when on the road. Ensure that there are no wiring system defects to avoid loss of car lighting and even fire.

If you found any defects in your car components, you can contact the National Highway Traffic Safety Administration (NHTSA) to act on it. According to the National Traffic and Motor Vehicle Safety Act of 1966, defective vehicles should be recalled by their manufacturers. The standards for vehicle examinations are established by the NHTSA.

You can also file a complaint against the manufacturer with the help of a defective product attorney. In case the defect already caused you some injuries, you can also seek legal help from a product liability lawyer.

Factors that may affect Property Damage Claims in a Car Accident

2010-03-12T17:07:00.000-08:00

In car accident-related terms, property damage refers to the destruction or damage caused to a vehicle such as a car, truck, motorcycle or SUV, among others, as the result of an accident such as crashes or collisions.

Ordinarily, the payment for damages to one’s vehicle may depend on the type of car insurance coverage that one has purchased.

The amount of claim one may receive is often determined by cost of repair and the car’s worth. In some cases, a car is considered totaled if the repair costs exceed a certain percentage of the car’s worth which vary from 51% to 90%, depending on the insurance company’s terms.

Generally, an insured motorist’s insurance company either pays for repair or totals the vehicle. A vehicle is totaled when it is considered a complete loss or in total wreck, and the insured is paid cash value for the vehicle.

Under California law, if your car is damaged in an accident, you are entitled to file damages against the party at-fault for the loss of use of vehicle, during the time of repair, or until your car is replaced, if the car is a total loss.

However several factors may affect recovery of your property losses in a car accident and could help to maximize your recovery of damages in a car accident.
Actual Loss and Actual Use

According to California law, the damages in a car accident are limited to the loss of actual use. Therefore a victim or complainant who did not actually use the car cannot recover for loss of the opportunity to use it. In Metz v. Soares (2006) 142 Cal. App. 4th 1250, 1256-1258, a car owner was denied claim for loss of use of his damaged vintage car after the court found that the owner had not driven the car in five years prior to its destruction by another person.

Diminution of Value

When a car is damaged in an accident, its value is diminished – meaning it may not be worth the same amount as it was before the accident – and could affect the trade-in or resale value of the vehicle. However, in some cases, it can be recovered or compensated.

If a car is damaged and its value diminished, the owner may not be able to collect first-party claim against his own car insurance policy. Under California law, there is no first party claim for diminution of value in personal injury accidents such as a car accident. Similarly, once a car is repaired, the first-party claim no longer applies, which is also one the terms or conditions in most car insurance policies.

Damage Claims against Party at Fault

A car owner may file a claim for damages against another person who hits his car. But this recovery is only limited to the difference between the car’s value before the accident and its value after the accident and it has been repaired. According to law, the measure of damages is the “diminution in the market value” of the vehicle as a result of an accident.

In State Farm Fire & Casualty Co. v. Superior Court of San Diego County (1989) (215 Cal. App.3d 1435), the court stated that the measure o damages is “the diminution in the market value of the vehicle, and diminution of market value is not specifically excluded because it is not a ‘cause' of loss; it is the measure of a loss caused by something else.”

Pursuing a property damage claim in a car accident may require the services of a skilled car accident attorney. Having a lawyer to assist you in pursuing your claim is a great advantage.

How to Prevent Stair Accidents

2010-03-10T20:28:00.000-08:00

Improperly structured stairways can prove to be a hassle not only with regards to your safety but in the legal aspect as well.

If somebody gets injured after a stairs accident within your property, you ca be held liable for all medical expenses that the victim may suffer.

That includes emergency medical bills, surgery, medicine and rehabilitation.
Aside from medical expenses, you may also be liable for any lost income if the victim have to take time off work.

Not to mention the pain and anguish that the victim may suffer from the injury.
So it is worth to know about the different dangers that can cause stair accidents.
The most common stair hazards are:

• Poor design
• Incorrectly structured staircase
• Lack of traction on stair steps
• Poor lighting
• Lack or improperly positioned handrails
• Slippery substances such as water spills
• Debris on the staircase such as toys and other personal objects
• Bad weather conditions such as snows and storms that can make the stairs slippery

If any of these hazards are present, you should take proper measures to address the problem.

To prevent stair accidents, you can follow the following steps:

• Provide adequate lighting to the stair area – it can either be on the ceiling or on the walls, as long as those who will be using the stairs can clearly see the steps.

• Provide more traction by adding treads to your stairs – You can ask a handyman or you can install the treads yourself. Just make sure that it is installed properly.

• Repair loose steps and rails ASAP – This rule is the most important. Any damage to the steps or the rail can easily cause a slip and fall accident. Better address those before it is too late.

• Follow city code – Each city usually has its own standards and this is strongly tied to the safety of the stair users.

• Help vulnerable walkers – Children, elderly and those with disabilities should be assisted walking up and down the stairs.
If you follow these steps you can prevent most stair accidents from occurring in your property.