Thursday, December 6, 2007

“Checkpoints and Other Accident Preventive Measures”

I just read this article, “Southern California Checkpoints Prevent Hit And Run Accidents”, posted August 16 which recounts the unusual way undertaken by police to curb road accidents in the area of Los Angeles and several other southern California counties. The article mentioned the setting up of two to five checkpoints throughout the city to check on drunk drivers and people who drive cars without licenses.

The police chief said their program was successful as it helped reduced the incidents of road mishaps. The new system also proved to lower hit-and-run accidents. Since the program begun, police have already arrested 23 drivers without driver’s licenses, 5 under the influence if alcohol and 434 cars impounded.

Despite the success of the program, some people have reservations about it. Some of the reasons they cited is the way police handle the implementation of the law. Others said the checkpoints are only done to target illegal immigrants and Latinos. Hence, many people oppose the program.

Nevertheless, it seemed like an effective way to fight recklessness and bad driving habits. Some people may oppose this unconventional way but it gets the job done. I am sure a great number of people secretly agree with the idea of the checkpoint and support it.

There are several ways to prevent car accidents and one of them may be done in this manner. If objections over preventive measures such as this are done all the time, then we will surely need more accident lawyers to help us in the future.

Tuesday, December 4, 2007

Bad Call on a Slip and Fall Injury

The article “Trip-and-Fall Causes Serious Injury”, posted October 23 which tells an interesting and unusual story about a woman who had a slip-and fall accident inside a 7-11 store in Orange County, in southern California.

According to the woman’s account, she was in a 7-11 store trying to buy something when some crates fell over her way causing a blow and an injury to her. However, on her to the counter to call for a medical rescue, a man suddenly approached her and punched her in the face.

It was an unbelievable incident. In the store’s hidden camera, the whole incident was recorded where the man punched the injured lady and later walked away after paying for the beer he bought. It was a truly disgusting scene.

The woman ended up in the hospital with broken ribs and head injuries. As a result, the woman suffered from injuries in two separate incidents and sued for $1 million while the store offered $15,000.

It was a case of a slip and fall injury but investigations revealed that the incident was not an accident at all. As further investigations revealed, the crates are left open and any person in his reasonable mind would try to avoid the potential danger of the open crates.

In this case, the determination of negligence is dim and doubtful. Whether the court will favor the issue, being raised by the injured woman is now left for legal debate.

Friday, November 30, 2007

“Plane Crash in Hollywood (Maryland) Not For Show”

The news article “Plane Crash in Hollywood, Maryland Was Caused by Mechanical Problems”, posted August 16, was about the plane crash accident in ollywood, Maryland where two people were injured. However, the pilot’s mother, one of the two passengers, did not survive the accident.

According to the article, the Piper PA 22-160 had just taken off the airfield when it encountered problems and had to make an emergency landing. During the landing, the plane crashed and was engulfed in flames. All three injured passengers, including the pilot, were taken to the hospital.

Fortunately, the plane did not hit any building and sadly, the lone fatality in the accident was the pilot’s mother. The pilot said his plane has serious mechanical problems.

Aviation accident lawyers handle cases like this and other related accidents involving large carriers and airlines, helicopters, private jets, corporate planes, chartered flights, and pleasure aircrafts.

Plane accident lawyers pointed out that the common causes of airplane crashes are:

  • Faulty equipment
  • Mechanical failures
  • Pilot error
  • Third party error and negligence
  • Federal aviation rule violations
  • Negligence by air traffic controllers

In accident cases involving aircraft, the airline company, the pilot, the manufacturer of the plane, maintenance operators, plane designers and the federal government may be held liable for them.

Aviation accidents often result in serious injuries and death hence if you are the victim’s kin of a plane crash, you can file a personal injury claim or a wrongful death claim against persons or entities responsible for the death of your loved one.

Wednesday, November 14, 2007

“A New Design for Safety Features In Vehicles”

I just read the news article, “Car Crashes: Fatigue, Slippery Roads, And Inexperience More Critical than Thought”, posted in November 2 which I find very interesting. The article was based on a study conducted in Sweden by researchers of the International Journal of Vehicle Safety.

The study revealed that other causes of car accidents must be considered in designing the safety features of new cars. While drunk driving and excessive speeds are often blamed for most car crashes, the study also pointed out that other causes of car accidents can be just as important as factors in designing the new car.

To arrive at this conclusion, the research group studied the cases of 38 car accidents in Gothenburg. Based on the findings of the group, the causes of car crashes may be grouped into four scenarios:

  • First scenario – the driver drifts off road into oncoming traffic due to fatigue, sleepiness or distraction.
  • Second scenario – the driver loses control of vehicle because of poor traction caused by slippery road
  • Third scenario – the driver loses control in a bend due to excessive speed
  • Fourth scenario – the driver panics when vehicle gets out of control and fails to steer out of trouble

These findings are correct and I support the idea that the new design for safety features in vehicles must take in consideration the new information about car crashes. I think car manufacturers should look into this and find ways to compensate for the causes enumerated. Then perhaps in the future, incidents of car crashes will decrease when the new safety features are finally put in place.

Tuesday, November 6, 2007

Birds and Other Odd Creatures Of Car Collisions

I just read a news article “Steven Gerrard In Car Collision”, about a car accident involving Steven Gerrard, the captain of Liverpool’s football team, and a 10-year old boy. The incident happened October 2 along Grantham Road in Birkdale, Merseyside in London. The report said Gerrard was driving along the place when the boy suddenly ran out and hit the side of the car. Although the boy did not suffer any serious injury but was nevertheless hospitalized, Gerrard was reportedly shocked at the incident.

According to the captain’s spokesman and I quote here: “Steven was distressed over the incident and he has been in contact with the boy’s family to check his progress and plans to visit him in the next couple of days.”

I find this article a bit odd, at the same time appalling, not because it happened to a celebrity, or someone famous and popular; but because it was not the usual car versus car accident collision. In Gerrard’s case, it was the boy who hit car.

I can understand Gerrard’s feeling in this incident. I had the same experience some months ago while driving home from vacation. A bird flew straight to my car, hit the windshield but did not smash it. I knew the poor thing died because of the collision. Until now, I could still see a faint blood mark on my car’s windshield.

But in a case like this, whose fault is it? Was it Gerrard’s or the 10-year old boy? Who has the right to claim damages in odd car accidents like this?

Saturday, August 25, 2007

A police officer, subject in a motorcycle accident

Last month, I have read from news on the internet that Officer Kevin Schmidt, a police officer in Flower Mound, Texas, has been injured in a motorcycle collision. This news from the internet really struck me and partially caused me some concerns. It seems very unlikely. Who would you believe that even an officer, who is supposed to make a report of an accident scene, is the one who is actually the subject of the case? You may see the full news article at http://www.dallasnews.com/

The said vehicular accident happened when Officer Schmidt was on his motorcycle chasing a motorist when he was suddenly struck by a car on a road intersection.

The reports also stated that he was wearing complete safety gears and traveling with his motorcycle’s hazard lights and siren on. But still, he bumped on the passenger side of Toyota Camry that unexpectedly appeared in his front. Consequently, he suffered severe personal injuries from it. This may explain the dangers that motorists should expect when crossing an intersection.

Now, if these things do happen to a police officer, who greatly understands all the precautionary measures to observe on roads, it only explicates that no one really, is guaranteed about his or her safety on while riding on a vehicle.

On the other hand, this event may be considered as a call for us to implement stricter dealings when driving our cars. We must establish to ourselves that traveling can be very much risky for us.

Be more observant on the roads; follow all the traffic rules and signs around. Be more careful, especially on risky areas such as curves and intersections. Proper diligence should be observed at all times, at least, if you do not want yourself and your passengers to be victims of another road disaster.

Monday, July 16, 2007

Stairs Scare

If you are a property owner, do you know that you can get in trouble for defects in the construction in your property? I know what you are thinking? You are thinking that you should not be made liable for things that you do not know about. You may say that you are not an architect or an engineer and that you only contracted the building of your house or property and, hence, you should not be held responsible for the end product.

Unfortunately, my friend, you can never be more wrong. As a property owner, especially in California, you owe a duty to everybody who is allowed inside your property to keep them safe from all bodily harm that may result from dangerous conditions on your property.

If you invited a friend and he slips and falls while going down the flights of your stairs, you are liable for his damages. The Los Angeles Department Building and Safety or LADBS provides strict standards that must be followed in order for your stairs to be code compliant. It discusses the existence of handrails, the granules of the steps, the angle, rise and even the width of each step.

In case your friend slips on a wet or slippery surface on the stairs and falls down hard because your stairs do not have handrails, you are liable for his injuries on the ground of premise liability.

It could be true that you may have a claim against the contractor who built the house together with the stairs. However, it is a suit you have to file on your own to get back what you need to pay your friend for the injury. Remember, you can never ask the injured person to claim against your contractor. Your house is your responsibility and nobody else’s.

Monday, July 2, 2007

To Commute or Not to Commute

A lot of people especially in California prefer to commute everyday to work or to go places rather than rent a car or drive their own cars. More savings can be done by commuting.

First, you will be able to save gas. Second, you will be able to save car mileage, maintenance, and vehicle repair costs. Third, you can save money on parking fees. Fourth, you will be able to save yourself a lot of stress from driving through heavy traffic. Lastly, it will save you a lot of money, time and energy from being involved in a car accident.

However, there are trade offs in commuting instead of driving your own vehicle. If you use a public transport like bus, aside from sometimes giving up your comfort and security, accidents may also happen due to negligence of the driver.

It is more acceptable to us if we get injured due to our own fault or negligence. We have nobody to blame but ourselves, hence, we have no problems in spending our own money for treatments.

It is unfortunate, however, if you want to save a lot convincing yourself to ride a bus instead of taking your car only just to be involved in a bus accident. If you are injured because of the negligence of a bus driver, you are definitely entitled to claim damages. However, the hard part is not only sustaining injuries but the difficulties of pursuing your claims.

Friday, June 29, 2007

Watch Your Steps

Slip and fall accidents as well as trip and fall accidents are general terms for premise liability where a person slip, trip and falls from a property owned by another resulting in injuries.

There are a lot of factors that could cause injuries from a slip, trip and fall accidents. The usual cause in malls and public areas are slippery floors due to puddles of water or slippery substance left lying on the floor for a long time without warning signs.

Another common cause of slip and fall are slippery stairs which sometimes are coupled with code violations like absence of handrails and below standard construction of steps and rise of the stairs.

For public properties however such as walkways, the usual cause of slip, trip and fall accidents are uneven floor elevations, cracks and holes on walkways and poor maintenance also of the roads and walkways causing injuries to the public.

If you are injured as a result of slip, trip and fall accident, you are entitled to damages from the owner of the property. However, it would be much better if you are not hurt in the first place. It is better if you do not have to go to court to file suit for damages. Similarly, it is better not to be humiliated by falling on your bottom or flat on your face in plain sight of a lot of people.

How do you beat slip, trip and fall accidents? Be careful where you are walking and watch your steps. Prevention is much better than the claim and cure you need to face as a result of the accident.

Duty of Utmost Care for Passengers

Due to the worsening traffic congestion especially in California streets and highways, a lot of people are turning more and more to public transport as their central means of transportation.

People are now learning to be more economical. Instead of spending a lot in gasoline and car maintenance, they turn to rapid transit and public transportation to reach their destinations. Actually, public transport is less stressful since you are just sitting down waiting to arrive at your destination instead of stuck in traffic waiting for the snail paced traffic to move.

Unfortunately, California bus accidents are also increasing in number. There are different causes of a bus accident from bus driver negligence, negligence of other motorists or pedestrian, poor maintenance of buses and defective products to weather and road conditions.

A public or private transport owes you, its passenger, the duty of utmost care to make sure that you are made safe and secure from the time that you get in the public transport until you are delivered to your destinations. This duty of care is higher than the bus company’s duty to other motorists or pedestrians.

Hence, if you are injured as a result of a bus accident, you have a big chance that you are entitled to damages. Unless, the bus company can prove that they did everything to prevent or avoid the accident, then you have a great chance of claiming just and reasonable compensation for your injuries and damages.

Wednesday, June 27, 2007

Car Safety for Our Young Ones

Tens of thousands of children ride in cars or school buses to go to school everyday. Sometimes a lot of parents through one reason or another prefer to carpool than let their kids ride in school buses.

Whether going to school, or to a relative’s house to visit or even just to travel and have fun, kids need special protection when riding inside a car.

It is true that all cars nowadays have seatbelts even at the backseats of the cars. However, for children ages 12 and below, just wearing seatbelts are not enough.

First, if your child is 12 or below, don’t let them ride in front of the car. Always strap them at the back. Accidents, however hard we try to avoid them, sometimes happen. A child who is sitting in front in an accident can easily get badly hurt if the child’s head hits a hard object like the dashboard of the car.

Also, although most cars have airbags that deploy after an impact as a result of accident, these things are not that helpful to a young one. Airbags are designed to protect adults or individuals with bigger size or built and not young ones. Although airbags have saved a lot of adults in an accident, these airbags account also for a number of injuries in children when deployed due to impact.

Even with seatbelts fastened at the back, children’s seatbelts should be adjusted to conform to their built or size otherwise it could even strangle them in case of an accident.

For young tots however, booster sits may be need. This also allows the young one to be securely fastened to the seat to avoid sudden jerks or pulls when your car is hit by another vehicle.

Put the above safety tips in mind and drive safely.

School Bus Warning Signs

School bus transports hundreds of thousands of grade school children throughout the United States. In California alone, school buses abound with the growing number of schools in the state.

With the growing number of school buses there is no wonder why there are also a growing number of school bus accidents. Sometimes, school bus accidents are not caused by the negligence of the school bus driver or the poor maintenance on these transport buses.

Often times, accidents are caused by vehicles who stick so close to the school buses while on the road. Remember, you must not be in a hurry to pass by a school bus because children might be going down or walking past the school bus to go to their respective schools.

School buses, especially nowadays are equipped with additional safety features like seat belts even for the rear passengers of the bus. However, without going into details of these new safety equipments, a car driver must be knowledgeable with even the basic warnings and signs printed and posted around the school bus. A simple understanding of these warnings could save a child’s life.

For example, a flashing yellow light means that the school bus is about to stop and load or unload passengers. The cars beside or behind needs to slow down and get ready to stop. When the red light flashes, on the other hand, this means that the school bus is already at a stop and children may be already getting on or out of the bus. This means that the motorists must halt, otherwise they might unwittingly hit a child who is running down the bus or hurrying to get in it.

Friday, June 22, 2007

To Tow Or Not To Tow

Nobody wants to get into an accident but sometimes it just can’t be prevented. Accidents do happen on the road especially in California where traffic is heavy due to the ratio of people and vehicles in the state.

If you are ever involved in an accident, there are a lot of “how to” help tips that you can get in order to instruct you on what to do and what not to do immediately after an accident. Usually, after an accident, you are told not to leave the scene. You are told to call the police as well as paramedics if there are injured persons involved. Aside from this, you are advised to get all the information you can get from the other person involved in the accident like: name, license, registration, insurance information and even witnesses.

However, after the police arrive, taking your statements and the witnesses also if there are any, what do you do then? What do you do if your car is not drivable? Do you ask the police department to tow it? Do you call a towing service to remove your wreckage from the street?

The first thing you should do is call your insurance company. They usually have tow service that could take your vehicle to accredited machine shops. If this doesn’t work, you can ask a tow service to take your vehicle to the nearest car repair shop. However, this will entail you costs for towing and it will take you a longer time to collect from the insurance if the repair shop is not one where they are accustomed to dealing with.

Last resort should be calling the police for towing service. The authorities can tow your car but usually they will take it to the impounding station. You will have to pay towing and warehousing fees for this until you get it towed out of the impound lot.

Remember, get your car towed only if you are sure that the car is not drivable. This will help you save a lot of money and frustration in the end.

Helmets Save Lives

A lot of people, especially in California, prefer motorcycles as a mode of transport more and more each year. The increases in heavy traffic as well as the growing costs of the prices of vehicles and gas prices are also factors which make a lot of people in California drive bikes more than their regular cars.

However, a lot of bike riders still refuse to wear helmets while riding their bikes. They have a lot of petty and sometimes misconceived reasons for not wearing helmets. The pettiest is that helmets ruin their hair. Another is that they want their faces to be seen while riding their expensive bikes. We all know that when accident happens, the head of the biker is almost always the part where serious injuries are sustained.

Some bikers say that helmets tend to obstruct their visions on the road making it more dangerous to ride with helmets on. Others even say that it lessens their hearing of important traffic sounds like the honking of horns. These, however, are entirely baseless.

What is established is the fact that the use of helmets is the single most critical protection in preventing serious neck and head injuries during motorcycle accidents. Also, the use of full faced helmets increases protection from face injuries.

Also, contrary to those who oppose using helmets while riding their bikes, helmets prevent the eyes from being whipped by air or other particles that causes impairment of vision.

If you want to ride your bike, there is no better protection than wearing helmets while you ride. If you want to be cool with your face intact, get yourself an expensive helmet rather than spending your money on your surgery.

Evel Knievels

Motorcycles are among the chosen instruments of speed demons and excitement junkies. The motorcycle has all the characteristics needed for a good rush. It is light, it is fast and it offers little or no protection to the rider making it a dangerous machine to operate.

Since we are kids, we have watched professional dare devils the likes of Evel Knievel who would jump long ramps at high speeds. Often times they even put fire or other dangerous materials to the equation to increase the danger and excitement even more to the delight of the onlookers.

Do you also remember all the mishaps, the crashes, the skids, explosions and accidents suffered by the likes of Evel Knievel? Evel Knievel sustained so many broken bones, spinal injuries, concussions and lacerations that sometimes it is a wonder how he could still function at all.

Evel Knievel is a professional stunt driver. He does stunts for a living and with all the precaution that professional stunt drivers should have. Even so, he suffered serious injuries that entail costly medical expenses from all the treatments, surgeries, rehabilitations and future medical costs.

Unless you are a professional, earning money to do dangerous stunts, don’t be a daredevil on wheels. Who will pay for your medical expenses and the bike you crash and victimize others? Who will pay for your living allowance while you are treating or unable to perform any work? Unless you want to live a crooked and painful life, and a poorer one at that don’t try it at home so to speak.

Tuesday, June 19, 2007

Failure To Yield

Car accidents in California may be avoided or minimized if we just drive defensively. There are a lot of times where accidents and consequently injuries can be avoided if we just maintain a cool head and give way to other drivers who have the same right as ours to use the road.

Section 21801A of the California Vehicle Code penalizes the failure to yield to oncoming traffic at any time where entry into an intersection would be so close that such entry may cause an accident.

An example of this violation is when a vehicle is waiting to make a left turn toward let us say at Cadillac St. When the person has already entered the intersection to turn left another vehicle refused to give way and continue on the opposite direction plowing into the vehicle that was already in the middle of the intersection.

As you can see, accident could have been avoided if the party at fault just allowed a couple of seconds to let the other vehicle pass. If the reason of the party at fault was that he is trying to catch an appointment, look at what happened to him now. Aside from loss of time due to the traffic collision, the party at fault is now faced with a lot of liability claims, not to mention injuries to himself and others as well as possible sanction by authorities for recklessly endangering the lives of others.

If you are hurrying in your way to an appointment, just want to save time or plainly having a bad day; don’t try to take it out on the road. The saying that patience is a virtue is not a popular adage for nothing.

Thursday, June 14, 2007

Fractured Bone Personal Injury Lawyers

Millions of people sustain fractures everyday. A fracture simply put is a break in a bone. Treatments of fractures vary on the type of the fracture and the seriousness of the break of the bone.

For some, bone alignment is not affected and these bones only need splints and casts to let the broken area heal. Others who are not so lucky need realignment or reduction which can only be done by operation.

Reductions could be open or closed. Closed reduction is when surgery is not necessary. Open reduction on the other hand is more painful. It requires an operation where pins, screws and plates are used to place the bone and keep it straight. Therapy is also longer with reduction. However, in all kinds of fractures, home exercise is necessary to bring back 100% use of the limb.

If you have sustained fractured bones as a result of other person/s negligence, you can definitely claim not only medical costs but you are also entitled to claims for pain and suffering and losses. Call an accident lawyer and let these experts help you in getting you your just and reasonable claims.

The Truck Accident Lawyer

Vehicle accidents happen everyday. It is a normal occurrence for cars to hit one another for various reasons like driver’s negligence, weather conditions and unworthy maintenance of the vehicles.
It is another matter however, when collisions involve trucks. Due to the sheer size and weight of the trucks, accidents involving them almost always result in serious injuries or costly damage to properties.

Considering that there are now more than two million more registered trucks than there were ten years ago, it is not surprising to know that truck accidents also increased in the last decade.

Even if truck drivers are very careful in operating their vehicle, accidents still may occur due to other human factors. One of which is tiredness. Truck drivers are made to work long hours hauling their cargo from long stretches of roads. Another factor is stress. The cargos being hauled by truck drivers are sometimes needed post haste.

In order to meet deadlines, although they are mindful of being extra careful, stress in meeting deadlines cause these drivers to miscalculate road and traffic conditions leading to accidents. Failure to see blind spots is another factor. Considering the size and length of the trucks it is fairly difficult to always be correct in estimating and reading traffic conditions.

Furthermore, overloading of cargo on its own or as a cause of truck malfunction are causes also of truck accidents.

If you have been involved in a truck collision, it is logical to expect that you have sustained serious injuries. Even if the trucks are insured, you need to secure the services of professional truck accident lawyers to make sure that you are well represented in proving that you are not negligent and that your damage is a certain amount.

Friday, April 20, 2007

Hit and Run: What to Do Next?

In the occurrence of a hit and run scenario, most of the people in the U.S. are not fully aware of what actions they may undergo as the victims and as witnesses. What really are the proper ways to hold the driver liable for he has done to the victim and what legal charges he may be filed against him?

Certainly, both the victims and the witnesses should take all the necessary steps to track down the unruly driver. But in case the victims are unconscious, the witnesses have the responsibility of getting the plate number and the vehicle type while preventing the victim of acquiring further damages.

Afterwards, they must report the incident to the proper authorities such as the police as soon as possible for immediate tracking down of the persecutor. In doing these things, the witnesses should stay calm in order for them to be more attentive on what other events may occur. This manner will increase the chances of getting the offender liable for damages.

Nevertheless, after establishing the identity of the misbehaved driver, the victim may then file a lawsuit in court and demand for monetary damages against the driver.

However, he may require the legal services of a personal injury lawyer to handle his case since he may lack the proper understanding about the statutes of the tort law which governs all personal injury cases.

In doing this, with the statement from the credible witnesses, it is very much possible for the victim to acquire justice in his case.