Monday, December 15, 2008

Plane Crashing through a Neighborhood

Compared to land and accidents, air accidents register the least incidents. However, when it happens, the horror, injuries and suffering are the same if not far more than other accidents in land or water.

The horror and devastation I am trying to relay was made into life by an incident that happened on December 8, 2008.

The plane accident took place in the neighborhood of University City just west of the naval base killing three people and creating destruction and ruins.

The pilot who had timely ejected from the craft suffered minor injuries.

One may ask why the pilot chooses to fly over a populated area such as University City when he could have chosen to crash land over a body of water or an empty lot. Well, there he must have been ill-advised to be anywhere near the area.

Clearly, at some point, negligence existed. An engine trouble is common but a double engine failure is unlikely to happen. Moreover, a proper maintenance check would have prevented such failure.

If negligence truly existed then someone has to pay. Innocent people died and a father was left without a family.

Thursday, November 27, 2008

Leaving License Plate after Drunk Driving Accident Made it Easy

We have read a lot about leaving a business or calling card whenever we figured in an accident. But this one is quite a calling card – the license plate of the car itself.

The driver of a pickup truck reportedly smashed his vehicle into another vehicle somewhere in Manteca, California. He caused injuries into two of its occupant in the process, and most especially leaving the license plate of his car, making it easy for the police to track him.

According to reports, the two occupants of the vehicle were Taiwanese couple who were on their way to Santa Clara when their car was broadsided by a pickup truck. The car driver fled from the scene of the accident.

But as he left his car’s license plate, the police readily tracked him and was booked after he failed the breathalyzer, sobriety and field sobriety tests. He was taken to jail.

The victim driver said he had no recollection whatsoever of what had happened. The driver’s fiancée suffered the greatest effect of the car accident which left her trapped in the right side of the car.

In the US, there are more than 6 million car accidents and from that figure, 42,642 lost their lives; one person dies every 13 minutes or 115 each day. Others suffer bodily injury, which range from temporary to permanent injuries.

Friday, November 14, 2008

Rare Mountain Car Accident

There was one car accident in the Angeles National Forest, near Glendora, that happened and turned fatal very recently.

The single accident reportedly happened one early morning in the area of Glendora Mountain Road and Glendora Ridge Road. The Los Angeles County Fire Department reported the accident.

The agency said that the car slid for about 100 feet into the side of Glendora Mountain Road. One individual was pronounced dead at the scene of the accident, while a passenger in the same vehicle was taken to the hospital.

The cause of the accident is still under investigation. No other information was released regarding the accident.

The personal injury and wrongful death which resulted from car accident have become a major tort case in the country today, especially in states where car accidents and motorcycle accidents happen too frequently.

Accidents could be a combination of driver error, defective condition of vehicle, or defective condition of roads.

Cases should be filed for rightful compensation – car accident lawyers can be of help.

Thursday, October 30, 2008

A Fatal Sunday Morning

Sunday morning is often spent with family and close friends. It is a day where we spent quality time with our spouse and kids. We either stay at home or go somewhere so long you are with your loved ones.

This may have been the plan of the four unidentified car accident victims were it not for their death on a Sunday morning. Reports revealed that a woman and three children died at the accident scene when their car was struck by another vehicle.

The accident was caused allegedly by the other car’s running a stop sign. Its driver was suspected to be under the influence.

How many innocent victims should be pun on the line for us to take car accidents seriously? I am not mocking the efforts of the authorities but it seems that whatever it is that they are doing right now is not enough.

Certainly, there must be wrong, if not with the system, with its implementation and enforcement.

I think we should reexamine thoroughly our traffic laws, rules and regulations. We should give violators the stiffest possible punishment.

I can no longer think of a better way than this if you have please tell me.

Thursday, October 23, 2008

Establishing Fault in a Car Pileup Accident

A car pileup or a multiple vehicle crash is a devastating vehicle accident, often involving several victims with extensive damage to vehicles or properties.

Take the case of a car pile up accident that occurred in France’s A4 Motorway and involved 28 vehicles, including a tractor-trailer and two buses.

About 39 people were injured while one died as a result of the multiple vehicle crash. Some 230 rescue personnel and police officers also rushed to the scene of the accident to help the victims.

In vehicle accidents like this, one may ask – whose fault is it?

Under the tort law, comparative responsibility in accidents such as this applies. This principle applies not only to accidents caused by negligence but to intentional torts as well.

By comparative fault, the participation of each party in the accident is assessed and the fault of each one is determined and established. In this way, the fault is divided by percentage among the parties and accordingly, the amount of damages for the plaintiff.

Proving and establishing comparative responsibility in a car pileup accident may be an intricate process. Hiring an experienced car accident lawyer will ensure protection of your rights during the process.

Wednesday, October 22, 2008

Drunk Driving, Bike Accidents and the Elderly

What could be more tragic than being struck by a vehicle driven by an intoxicated motorist while cruising on a motorcycle with your fiancée on a great weekend?

The article, “Riverside Drunk Driving Accident Kills Motorcyclist”, posted on October 16, 2008, mirrors this tragic incident involving a motorcycle and a sports utility vehicle (SUV) in Riverside County.

According to the article, the motorcycle enthusiast and his fiancée were crossing an intersection after attending the 2008 American Heat Motorcycle Weekend in Palms Spring, when a SUV turned in the its path. The bike was “broadsided” by the vehicle, causing the rider and his companion to be thrown off the motorcycle during the collision.

As a result, the rider suffered more than his fiancée who had only minor injuries and survived the crash while the rider died later from severe injuries sustained in the accident. To make it worse, it was learned that the couple were engaged to be married next year.

Investigations revealed that the driver of the SUV was a 76-year old man whom the police later arrested on suspicion of felony drunk driving, later amended to vehicle manslaughter following the death of the accident victim.

Authorities have noted a recent upsurge in motorcycle accidents, which may be attributed to the increase in the number of people who use motorcycles as cheaper means of transportation in the midst of rising fuel prices.

Consequently, bike accidents have also increased. Considering that motorcycles are dangerous enough to use, it has become even more lethal with the added factors of a drunk elderly losing control of a vehicle in an intersection.

Drunk driving is considered as one of the major causes in many vehicular accidents. Many teen and adult drivers are guilty of violating the road safety regulation on drunk driving.

If you happen to become a victim of a vehicle accident caused by negligence or recklessness such as drunk driving, consulting with a skilled personal injury lawyer can help from the damages wrought by the accident on your life.

Friday, October 17, 2008

I-8 Car Crash Kills One

A driver was killed in the crash site after an auto accident that happened in I-8 last Sunday. Border Patrol authorities reports of a vehicle accident on westbound I-8, west of Jacumba, San Diego County.

The crash was believed to have occurred a little past ten at night when the driver of a sedan apparently lost control of his car and went off the north side of the freeway. The car landed about 70 feet down an embankment.

Officers told the California Highway Patrol that they pulled the driver out of the wrecked vehicle before it caught fire. However, the driver did not make it, he perished near the site of the accident. As of the time of this writing, the driver was not identified.

The NHTSA data reveals that there are around 4,236 traffic accidents fatalities in California last year, including those coming from San Diego.

For victims of this car crash caused by erring driver besides the victim himself, compensation that may be recovered may include but is not limited to the following:

• Loss of earning capacity

• Pain and suffering

• Reasonable medical expenses

Generally, car accidents suits are filed in the state where the accident took place. A civil suit for damages is filed to recover compensation. A criminal case may also be filed especially when the car crash was attended by serious injuries, driving under the influence (DUI), assault and manslaughter.

Friday, September 19, 2008

Rail Technology calls for Advancement

There is already a development in the horrible train accident investigation that happened in Los Angeles.

And as if equaling the magnitude of horror to this now the worst train collision in the state in the last half century – a federal investigator said that the engineer of the commuter train did not apply brakes even after he drove through a red signal.

While according to the same investigation, the driver of the other train, a 17-car Union Pacific freight train, did slam on his breaks.

The National Transportation Safety Board is the agency investigating the accident.

The investigation revealed that only four seconds passed from the time the freight train engineer saw the approaching 3-car Metrolink train until the impact – then the worst rail accident happened.

The accident left 25 people dead and more than 130 people injured.

Still, the root cause of the accident is yet to be determined. One thing is certain though, the signaling equipment was properly working at the time of the accident.

If there is any good that can come out of this disaster, it is that the accident now becomes an eye-opener on the call to advance the technology on the rail. At its current state, the investigators are questioning whether the engineers actually saw each other and the signaling equipment.

Authorities and concerned personalities are now pushing to expand the use of the so-called “positive train control” collision avoidance systems using satellites, transponders and other technology that automatically stops the train when there is an impending collision.

I, personally, support this move, if only to avoid future railroad accidents of this magnitude. This may just be considered a whisper in the woods but a million whispers get to be heard sometimes.

Monday, September 15, 2008

Big Rig Killed a Man on a Wheelchair

It’s bad enough that for some reason you were in a wheelchair. To be struck by a big rig truck that eventually caused death is way more than what anyone or his/her family can possibly bear.

During the first week of the first of the “-ber months”, the Los Angeles Times reported an accident involving a man in a wheelchair who was struck and killed by a big rig truck in downtown Los Angeles.

A spokeswoman for the Los Angeles Fire Department said that the accident happened around 1.30pm in the vicinity of South Santa Fe Avenue. The victim was described to be in his 45. No other details were revealed as of the time of this writing.
Some sources say that the big rig truck was turning onto one street when the rig’s rear wheels struck the victim. Police report said the unidentified victim was dragged along the street and died almost instantly.

For the family of the victim, one thing I could suggest is to go after whosoever is responsible for the wrongful death of their loved one. Under the law, they may sue the driver, or the owner of the big rig or anyone, which contributed to the accident.

They may recover damages by hiring a competent car accident or personal injury lawyer. In doing so, they may realize that they can get rightful compensation for damages than opting for hasty out-of-court settlement of claims.

A good accident lawyer is the key. The erring driver can be facing vehicular manslaughter charges at the very least. And once proven, the punishment, under the full force of the law, is anything but light.

In the US, there are more than 6 million car accidents and from that figure, 42,642 lost their lives. One person dies every 13 minutes or 115 each day. Others suffer bodily injury which range from temporary to permanent injuries.

Thursday, September 4, 2008

SUV pedestrian accident kills woman in Newport Beach

Another senseless death occurred just before the end of last month because of a pedestrian accident caused by a reckless, negligent unmindful-of-other-person’s-life-and-limb fellow human being.

This is actually the second accident to happen in Newport Beach in the span of only a week.

The first fatality was a Redondo Beach resident Michelle Kim, 54 years of age. She was struck and killed by a minivan when she was crossing Newport Palace Drive outside pedestrian crossing. The driver, a certain Sung Van Le of Santa Ana was questioned but was later on released.

The second time around, the senseless accident which could have been prevented claimed the life of a 32 year old Costa Mesa resident, Martha Ovalle. She was reportedly struck by a sports utility vehicle while crossing the road, in a marked crosswalk. The vehicle GMC Yukon was traveling west on Westcliff Drive near Dover Drive when the accident happened.

Martha was pronounced dead by the responding paramedics at the scene of the accident shortly after she was struck. The driver was identified as Martin Kuehl, 41 years old, also of Costa Mesa. He was cited for the fatal Buckingham Lane and Westcliff Drive pedestrian accident and arrested for parole violation as well, by the police.

Martin was found to be neither speeding nor under the influence. But the accident happened nonetheless. The authorities surmised he wasn’t paying attention to the road while driving.

The family of victims must vehemently and with full strength of the law pursue these reckless drivers. We hope that they locate and employ the services of a good accident lawyer to fight and win with them. These drivers may be facing negligence charges, if not the much graver manslaughter charges.

Friday, August 22, 2008

Which Accident Law Applies in a Car and Airplane Collision?

Freak accidents, like a car and airplane collision, rarely happen but when they do, the consequences are often fatal. Some people may also find it odd to ask which accident law should apply to freak accidents.

It depends on the given situation and the contributing factors in the accident.

In one of these rare accident cases, such as the one mentioned in “Airplane and Car Collide on Interstate 40”, posted on August 13, 2008, a car collided with an experimental plane that made an emergency landing on Interstate 40 west of Needles.

The article, which was based on a news story regarding the accident, mentioned two conflicting facts. Initially, it said that the aircraft was “preparing to take off when it was struck by a vehicle”. In another part, it said the plane “was flying just above traffic, when it flew lower into the path of a vehicle”, when the accident occurred.

This motor vehicle versus aircraft collision seldom happens and in this case, the pilot incurred severe injuries and died instantly at the scene of the accident while the car driver and the three passengers suffered only minor injuries.

Although the accident is being investigated by both the Federal Aviation Administration and the National Transportation Safety Board, for the victim or his survivors, they may pursue their claim based on the applicable car accident law.

The claim for damages in this accident must be pursued under laws governing car or motor vehicle accidents because of the following elements:

• The accident happened on the road (Interstate 40)

• The aircraft happened to be “parked illegally” on a freeway, which is, traditionally, a conveyance for motor vehicles such as cars, trucks, and other motor vehicles.

• One of the parties involved is a motor vehicle

Thursday, August 21, 2008

DUI, Elderly Victims, and Vehicle Accidents

Vehicle accidents involving drunk drivers are commonplace occurrence and there seem to be no end to the number of innocent victims, harmed or killed, in DUI-related incidents.

In the article,”Woman Charged in Church Van Drunk Driving Accident”, posted on August 20, 2008, some factors tended to complicate matters as two elderly women were among those injured.

The collision involved a car driven by an intoxicated woman and a church van carrying seven members, most of them elderly, from the Light Oak Missionary Baptist Church.

Luckily, for the van passengers, including the two elderly, they suffered only minor injuries but the vehicle was damaged extensively.

According to the article, the female driver of the car that collided with the van had been charged with “drunk driving and driving left of center” before. When police confronted the suspect, the officers smelled her reeking of alcohol.

As an excuse, the car driver denied being drunk and said she just took a few sips of vodka before she left the house. She also claimed that she was only driving at 20 miles per hour, and was just trying to reach for something in the back seat when the accident took place.

Apparently, it was not the first time for the same driver to be involved in a similar accident and for all other accidents, drunk driving is the scourge of motorists.

Perhaps in the future, the authorities could implement stricter laws that will ultimately prevent occurrence of similar accidents.

Friday, August 8, 2008

Octogenarian Causes Pedestrian Accident

At approximately 11.43AM on the 30th of July, officers from Bakersfield Police responded to 1900 Columbus Street, One Bakersfield reports.

It appears that 84 years old Charles Nowatzki was traveling east of said street. As it passed through the intersection on Baylor Street – his 1997 Ford Crown Victoria struck a pedestrian in the crosswalk.

The pedestrian suffered major bodily injuries and was taken to a hospital.

The old man wasn’t speeding, nor under the driving under the influence – both drugs and alcohol.

The question is, at his age, why was he driving? Or at the very least, why was he even allowed to drive? There is no law which prohibits an octogenarian from driving, yes. Only that study shows that the risk for drivers 75 years of age and above is higher.

If negligence is proven, Mr. Nowatzki, or his family, can be made to answer for damages he has caused. And I’m afraid, his age will not be considered favorably.

A person who figured in a car accident may suffer injuries such as spinal cord damage, fractured bones, injuries to lower limb and traumatic brain injuries, among others.

In 2006, car accident fatalities in the United States totaled to 42,642. Out of that number, pedestrian accident kills a staggering number of 4,784 while nearly 70,000 pedestrians are injured.

Statistics show that at least 1 pedestrian gets killed in a traffic accident every 110 minutes, or so.

Due to increasing popularity of car culture in the country, only 8.6% of the trips were recorded to have been made by walking. Despite this, 11.4% of all traffic deaths are pedestrians.

Pedestrian accident is the second leading cause of unintentional injury-related death for children within the age bracket of 5 and 14.

Thursday, August 7, 2008

Airbag-induced Injury Victim’s Chances of Recovery

Airbag, as considered by many, is their last line of defense against serious injury in a car accident. With the proper airbags installed and working, people feel at ease riding their cars, and could make them feel a little immortal. These describe the import of airbags to people, as their sort of defensive protection, supplementing seat belt.

However, just recently, the airbag failure issues has been on the open line once again, as ever, where a certain Brooke Katz and her unborn child was killed in a car accident in Atlanta due to airbag failure.

The car involved in the fatal crash was a Chrysler car, which has been controversial lately in their airbag provisions. The controversy have grown when a testimony from a Chrysler employee reveals that some of the crashes involving Chrysler cars occurred in cars whose air bags were recalibrated by the company to not deploy at all. This revelation came in court papers presented in the lawsuit against Chrysler brought by Brooke Katz husband.

This case, along with so many others fatal front-impact car accidents after airbags failed to deploy, has long been an issue in our jurisdiction and as can be anticipated, would still continue to rise.

As can be gleaned then from these accidents, all evidence seems to point to yet another instance of auto manufacturers wanting of measures to deal with the airbags late deployment problem, totally compromising the lives of their patrons.

As I can relate with these, especially to those who may have suffered an air bag-induced injury, that they have the right to go against the auto manufacturer who failed to keep safe their airbag in good conditions. In these aspects, there is a great chance for those injured to recover financial compensation for their pain and suffering, medical bills, rehabilitation, lost wages or income, and property damage against the erring manufacturer.

Pursuing your Legal Right in a Motorcycle Accident

Motorcycle accidents are not that often compared to other kinds of vehicular accident but it usually results to nasty injuries. In the US, statistics show that motor accidents are the leading cause of death of people between 6-33 years old, and almost 3,000 people are killed each year as a result.

Motorcycle accidents often result to serious injuries or death. Most victims of motorcycle accidents undergo serious life changes and permanent disability.

A new addition to the long list of motorcycle accident just happened yesterday. In a news report entitled “91 Freeway Accident Sends Motorcycle Rider to Hospital” posted on August 6, 2008 related an accident involving a motorcycle and three cars.

As of the moment, the authorities are still on search on the cause of the accident. The only report that has been released is that the driver of the motorcycle was transported to a hospital for treatment but his identity is still unknown.

Well, let us leave that matter to the authorities. My concern is on the victims of the incident. I encouraged them to file a claim for damages and other monetary benefits against the person who caused the injury. Such right is provided in the federal and state laws to victims of this kind of incident.

I also advise them to contact an experienced motorcycle accident attorney. These persons are adept in this kind of issue; therefore, you have higher chance of getting the right amount provided by law.

Friday, August 1, 2008

Reckless Driving Ends in Car Collision and Arrest

Yesterday, online news reported about a car chase, which caused some minor accidents in Los Angeles.

The report said the police have arrested the suspect who drove opposite freeway traffic that led to high speed chase between him and the police.

During the chase, the suspect’s vehicle figured in a collision accident with another vehicle in Mission Hills. As of the time of this writing, it wasn’t known yet whether the crash caused any injuries.

But, reading the news, I think one thing here is known and certain.

The law, to protect the motorists from their reckless and negligent fellow, requires the erring drivers to compensate their victims for any damage, bodily injury or damage to property, alike.

Therefore, for the collision this driver caused in the intersection in Mission Hills, irrespective of the fact that no injuries are known to have been sustained, he will have to face prosecution for the compensation of the other driver for the damage that the latter sustained from the collision.

Not to mention the certainty of the fact that the driver will be facing charges for his felonious act and violations of the existing traffic rules and regulation of the county or state.

The victim of the car collision may claim from his own or the suspect’s insurance company for the actual value of the repair of his vehicle together with other damages.

Good thing the person was arrested. His victim will no longer have the extra burden of looking for him.

Thursday, July 31, 2008

Another DUI Crash

After I wrote my legal blog dealing about DUI crashes of a famous Hollywood talent, when I was about to wrap thing up, I suddenly browse-in a news article that relates the same DUI infested car crashes involving Jeep And Tractor Trailer. This happened Last July 11, 2008, which is considerably an older one from the one I just made a blog with.

The crash happened when a Jeep rear-ended a slow moving tractor-trailer on northbound side of the Cuesta Grade. The driver of the Jeep was identified as, Joshua Lowe, 31 year old, who was found to have suffered intoxication at that point.

Lowe and his passenger were taken to Sierra Vista Medical Center for treatment of their moderate injuries. Apparently, Lowe will be dealing with a charge of DUI.

As I constantly aired, people should not drink and drive in order to avoid crippling DUI crashes such as what happened to this case.

Drunk driving should be not be countenanced especially that there are huge volume of cases of injuries and deaths in these causation alone.

As an Attorney, I deeply pressed concern for the continued prevalence of like events that happen in our roads, the same way that I am irked to those irresponsible numbers of abusive road users who are drunk dead in driving.

Wew! We have another worthless addition to the constant road issue that besets us.

If you have been involved in a DUI crashes such as this one, it is worthwhile to seek legal help from an adeptly qualified Lawyer to help you battle your compensation pursuit, at the soonest.

Thursday, July 17, 2008

Fatal Anaheim Construction Accident Kills One

An unfortunate construction accident happened in Anaheim very recently. The accident was reported by the OC Register on line.

The report says that one Arturo Gonzales, 34, died after a forklift tipped over and hit him.

Arturo was taken by an ambulance to the hospital but he didn’t survive.

The “car-sized scoop on the end of an extension arm” of the forklift was reported to have hit him. One fellow construction worker said, “He got totally crushed” due to the accident.

The accident happened in a condominium construction site. Arturo was part of a six-person crew who were tasked to plaster stucco onto the condominium development.

We can just imagine the grief that his family is experiencing now. Presumably, he was their bread winner and they depend on him for support. But now, he is dead…

The California law is not exactly without say on this. But we all know that Arturo’s family won’t be getting much from workmen’s compensation benefits.

The same will not be enough. The loss of a loved one, and a breadwinner at that, entails great loss to the family. Even if they successfully claim for workmen’s compensation, as already mentioned, it won’t be enough.

A piece of legal advice – (1) the family should vehemently pursue the workmen’s compensation claim plus (2) they should also file a claim against his employer for construction liability.

They may also choose to file a third party claim suit. They might want to consult with lawyer whose expertise includes construction accident cases.

My deepest sympathies to the members Arturo’s family.

Monday, July 14, 2008

Plane Accidents and Realities

Airplane, described by many as the fastest, convenient and relatively the safest means of transportation, ever had. To that, I can agree, qualifiedly.

Why qualified or with reservation?

Though, plane has now become part of mass transport, there are reported incidents (in fact many) across all jurisdictions of accident involvement with this particular kind of conveyance. One thing can describe from all these plane accidents, that is, “one incident can cause a large number of fatalities”. That is to show how grave its impact whenever plane is involved in air mishaps.

Like in the recent event that happened in Ventura County, specifically in a Camarillo industrial park, reported by CBS2 (Thursday, 10 Jul 2008) with the heading, “Small plane flips in Ventura County”. The report related that a banner-towing plane has landed upside down in a Camarillo field during an emergency landing.

Luckily, the pilot did not suffer any serious injuries. Still lucky enough, that the plane has not conveyed passengers while taking its course.

Worthy to note then, the event was just the third mishap involving a small airplane in Ventura County in the past eight days.

Terrified! News like this one really irked me!

I express concern with this, as I am an air traveler myself. Traveling through plane medium really is quite a risk, as potentially we can be dead at an instant with no choice to live whenever grave trouble in voyage happened.

With these facts and realities about planes, we air travelers cannot do anything but hope that no complications arise when we take our flight.

For the airline companies, this I say, that they should properly maintain their air conveyances to the maximum level to avoid air troubles while in transit. Or else, when plane accident happens, they can be held liable for the deaths or any injuries to passengers as well as to the damages and loss of its cargoes.

Tuesday, July 8, 2008

Selecting the avenue of Wrongful Death suit or claims

News reported in www.sacbee.com written by Susan Ferriss entitled, “Farmworker's family sues over California heat-related death” related the gloomy incident that happened to María Isavel Vásquez Jiménez, who died in Lodi two days after collapsing in a vineyard on May 14 due to hot vineyard environment. The news was published on Thursday, June 19, 2008.

The family of the teenage girl filed a wrongful-death lawsuit in Merced Superior Court on Wednesday, the following day of the death. In its complaint, it alleged that Merced Farm Labor and West Coast Grape Farming Inc. (the company that hired Merced to provide workers) are responsible for the death of their daughter.

Public eyes were open to this issue as there are diverse views on the matter that have been issued and relayed. The labor sector as well as other sectors has expressed their concerns on the tragic wrongful death of the teenage girl. The labor activist has this to say on the event, “They want the suit to send a strong message that California farm companies – not just the labor contractors they hire – should be held accountable for conditions that endanger workers”.

I was shaken by the issue and I expressed deep sympathy to the teenage girl who has been ruthlessly killed while doing her job religiously.

How many of type of cases with this liking have happened in our society? I can fairly guess there are many. This case was just an addition to the many cases of wrongful death that besets our jurisdiction.

Wrongful death cases, have gained advances in the list of most celebrated personal injury law litigated issues. Unfortunately, despite the prevalence of this event, many people have no real inkling regarding their right to claim compensation for their losses coursing through the legal option of filing a wrongful death lawsuit or claim.

Gladly though, the parents of the teenage girl, through its lawyers have wage the proper avenue in ventilating their injury compensation for their losses by filing a wrongful death case. However, for those who failed to opt for this legal remedy, I express my concern.

One thing I must say, especially to the surviving families, when events like this happened, go for this remedy in your pursuit for injury compensation.

Thursday, June 26, 2008

The Enactment of a New Law to Deter Auto Collisions in California

With the continuous upsurge of auto accident cases in California, the state government has enacted a new law that will set some limitations in the use of mobile phones while driving. Taking effect this first day of July, the Cellular Phone Law seeks to prevent drivers from engaging with fatal auto collisions that brought about great damages in the lives of the victims.

The said law will prohibit using cell phones unless a driver has a hands free device. Drivers who will fail to abide by this rule will be fined $20 on the first offense and $50 for the succeeding violations.

However, the law will allow automobile drivers to use cell phones in emergency cases. This law also exempts commercial vehicle drivers who are using push-to-talk phones until July 1, 2011.

With this law, California will now be included in the list of states that has a law on cellular phone use while driving.

Now, in my own view, this legal development will just create a bit of impact of diminishing auto collision incidents. The real problem does not rely mainly on whether a driver has his/her both hands on the wheel but rather his/her concentration in driving.

Again, as an auto collision lawyer myself, I would suggest that our legislators focus their attempt to minimize road accidents on laws that will compel drivers to take a course on safe driving. I do believe that adequate information will threaten those unruly drivers, which will eventually lessen the accounts of auto accidents.

Wednesday, June 18, 2008

Comprehensive Auto Accident Checklist


Auto accidents are dismal events that are prevalent in our society and impossible to avoid. People can be potential victims of this unlikely eventualities even how careful and concern one can be.

Thus, with these concerns, it would be worthwhile to illuminate and give comprehensive list of things to do whenever one is involved in auto accidents. For then, even if we cannot all throughout prevent or avoid auto accident involvement, at least one can learn the right thing to do after their accident encounter.

There are considerable numbers of articles that tackles and illuminate on the basic auto accident checklists.

All the guidance given are aimed at providing workable measures of protection for the victims, importantly so in their impending personal injury lawsuits or claim for compensation.

In this respect, the relevant checklists are the following:
  • After the impact, try to remain calm and composed
  • Stop your car completely especially when the accident involves pedestrian, parked or moving cars, or other people’s property
  • Try to pull off to the side of the street or road to avoid traffic congestions and disturbances
  • Turn off your vehicle's engine and step out of your car
  • Ask for assistance from people around
  • Seek medical assistance as soon as practicable
  • Be courteous and tactful to all parties
  • Call the police and relate your own tell of the story. Make sure your thoughts are clear and composed before making any statements to the police. Assist the police with their official report.
  • Avoid making statements about you admitting fault or responsibility to the any person more so with the other driver, witnesses and police
  • Contact your insurance company when you have your thoughts clear and after you have on hand all pertinent accident information
  • If able, take pictures of the damage to your car and the area or location of the accident including a complete diagram showing direction and positions of vehicles involved in the accident
  • For a more comprehensive auto accident checklist, you can ask the help of an Auto Accident Attorney.
Capping all these, you need to confer with an Auto Accident Attorney to help you prepare for your injury lawsuit or claim at the soonest. The Attorney will assess your cause and can give success in your compensation pursuit.

Monday, June 2, 2008

Lesson Learned in Los Angeles Railroad Accident

The very much celebrated Railroad Accident that besets Los Angles California, as reported by CNN International coined as "Train collision near Los Angeles kills 11", is considered as the deadliest incident in the history of Metrolink.

The incident happened in January 26, 2005 at 6:03 a.m. in Glendale-Los Angeles that ended with 11 deaths. Two Metrolink passenger trains, a union Pacific freight train and a Jeep Grand Cherokee were involved in the collision. The Jeep was left abandoned on the tracks by certain Juan Manuel Alvarez who alleged to have contemplated suicide.

The incident was alarming and devastating especially to the families of the victims -who are unlucky to survive the railroad accident. This incident should be given particular importance by our authorities as life is at stake in this respect and that a considerable number of people ride trains in going from and into their homes and offices.

Aside from the lunacy of the Juan Manuel Alvarez, this particular incident has brought several issues that have something to do with changing the rail systems to a more modern and safer one and issues relating to safety concerns- that need to be considered first over profits.

Setting aside other issues, the foremost issues to consider would be the full exhaustion of compensation claims of the survivors of the helpless victims including those that were injured in the train collision.

Up until now, the trial in this case was still on going and the survivors and other victims have not yet fully compensated from the tragic railroad accident. In a latest development of the trial, last Tuesday, May 27, 2008 the defendant apologizes for commuter rail deaths saying, “He was trying to kill himself and never meant to harm anyone else”.

This bit portion of our history taught us a lesson that we should be cautious in all our actions and must not make anything that could harm other people.

As for the general mass of train commuters, one relevant lesson to be learned from the incident was that you have to be proactive in communicating your causes of action in courts whenever you are involved in any train mishaps. You can ask immediate assistance from qualified Railroad Accidents Attorneys when cases of this nature besets you. The Attorney, with its vast experience in this matter can readily assist you in your trials or claims pursuit against the faulting party.

The Railroad Accidents Attorneys will be of help for communicating your causes in the courts of law.

Friday, May 30, 2008

Speeding Doesn't Make Sense

It is a sad story when people got involved in auto collisions. Especially, when it brought about multiple injuries and caused the lives of innocent children. Just like what happened last Monday evening, May 26, 2008, when 5 fatalities, including minors, and 21 injured individuals were reported after a tragic 6-car collision occurred in South Los Angeles.

Reports said that the accident transpired due to speeding violation and beating the red light.

Accidents like these should not have happened if only the motorists are well informed about the traffic rules – if they would only adhere to such policies including the speed limits in driving automobiles.

In California, the allowable speed limits may vary depending on the current conditions. Let’s take for an example, if you are driving on a 55 mph speed zone during a rainy evening, you could be cited for “speeding for such conditions” even if your automobile gauge reads only 45 mph. It is also illegal to speed above the posted limit; even the traffic situation seems too safe for you to increase speed.

The aforementioned principles may be unclear, yet in order to make sure that you are safe from speeding violation, better depend your pace on the following:

  • the traffic density and speed of other automobiles

  • the condition of the road surface

  • other road users such as bicyclists and pedestrians

  • weather conditions

There are many other reasons why you should reduce your speed. You just have to be conscious about it and implement strict safety measures at all times, particularly if you have to operate a vehicle. That is, if you do not wish to sustain injuries or cause sufferings and damages to other individuals.

On the other hand, if you have been injured from such accidents, it is your right to pursue legal actions. You just have to choose among those auto collision lawyers in your area and discuss matters on how you can recover damages against the liable parties.

Monday, March 31, 2008

Weather and Other External Factors in Road Accidents


The article, “Los Angeles Rains Cause Increase in Collisions”, posted on January 29, 2008, highlights the importance of observing safety precaution when driving under certain weather conditions.

The article mentioned the long period of heavy rains that hit the San Fernando Valley area and caused an upsurge in the number of car accidents in the area.

The article also enumerated the standard procedures for victims of car accidents, which includes moving the car off the road to safety and calling the police or the highway patrol for help.

Further, the article also listed the following vital information to obtain:

  • License plate numbers

  • driver’ s license numbers

  • make and model of each car

  • insurance identification, including name of insurance company, broker or agent, and policy number

  • names, addresses and phone numbers of witnesses

  • names and badge numbers of police officers or other emergency personnel.

Weather conditions can definitely affect one’s driving. However, there are also other external factors that could affect the driver’s judgment while on the road. This includes the following:

  • road conditions – slippery roads, potholes and road construction

  • improper road signs or lack of it – improperly placed road signs can cause accidents and slow down traffic flow

  • road hazards – this includes road obstruction such waste materials or improperly parked vehicles

Considering all these external factors, driving speed may provide an important key in road safety. Speed not only affects the severity of a crash, but it is also related to the risk of being involved in a crash.

According to scientific studies, a relationship exists between speed and crash rate. The studies also found evidence that crash rate increases faster with an increase in speed on minor roads than on major roads.

It is therefore good to say that when driving under extreme weather conditions, one must be careful and do everything with care to prevent accidents.

At the very least, if you find yourself involve in an accident, consult immediately with Los Angeles accident lawyers. They have the skills and experience in handling cases of similar kind. And if you happen to be injured in the accident, a lawyer can improve your chances of getting a maximum recovery for your claims.

Friday, March 28, 2008

Don’t Take the Risk, Hire Los Angeles Construction Liability Lawyers

Early this year we are dumbfounded by the news of a collapse of a scaffold causing a worker to fall 20 feet from above.

Time and time again, we hear news like this. This is because the construction industry has consistently registered high rates of workplace accidents. The Occupational Safety and Health Administration had been unsuccessful in reducing injuries and fatalities in the construction sites especially among construction workers.

This is equally true in Los Angeles where construction thrive every where. In fact, construction accidents rank second in death causing accidents. In cases like this, Los Angeles Construction Liability Lawyers may be of great help.

We should understand that like most American workers, construction industry employees are legally entitled to a workplace free of hazards and foreseeable accidents under the Occupational Safety and Health Act. This could be better understood when a lawyer expert on the field is asked to handle the case.

The liability of an employer is undeniable. However, the battle is like between David and Goliath, Goliath being the huge and powerful construction company. In other words, a case against the employer, though liability is clear, is difficult to pursue. This is because the construction company, aside from having all the resources in defeating the claim, has the best lawyers at its side.

My message is this, always be prepared. Do not go to battle unarmed. Hire the best Los Angeles Construction Liability Lawyer.

Wednesday, March 26, 2008

Remedies in Case of Auto Collision

Just early this year, 110 freeway has been the scene of a four car collision which resulted to its close for a while.

News like this have been the constant and hot items on television or in radio. Many of us have been a witnessed, in one way or the other, to collision scenes. Surely, such horrific scenes have left a traumatizing effect. More so, to its victims and offending drivers alike whose life must have changed forever.

Even the most careful driver may, once in his life, be involved in auto collisions. This is because we share the streets along with some other hostile or negligent drivers. However, victims of auto collisions are not left without remedy. The following are the legal options:

  1. Hire an auto collision attorney
  2. Sue the driver/owner of the offending vehicle for their tortuous conduct.
  3. Pose a claim with either with your insurance company or that of the offender.
  4. File a criminal case against the driver or offending party.

The above remedies may be done simultaneously. Of course, such remedies are only available if you have a valid claim. The validity of the claim would depend upon the accomplishment of all the necessary documentation and gathering of information. It is necessary to see a doctor for medical consultation and diagnosis. The statement of the doctor and the records of medical costs and expenses are all important documents to be utilized in the claim.

You should weigh your legal options. Plan ahead your legal move. Be sure that the statute of limitations has not yet prescribed.

Wednesday, March 19, 2008

Auto Collision with a Drunk Driver

Driving under the influence (DUI) of drugs and/or alcohol is a grave offense in the county of Los Angeles; hence, it follows serious legal consequences. As discussed by a legal blog entitled, “DUI Overview”, the laws make it a crime to drive or operate a motor vehicle under the intoxication of liquor or any drugs.

Legislation on DUI varies from state to state. It is generally considered a criminal offense. It becomes a civil offense when the DUI results to an accident tragically causing injuries or deaths.

While DUI as a crime punishes the offender with jail time, community service, suspended license, fines and probation, DUI offense under the civil law entails payment or compensation to a harmed individual for the injuries they sustained due to the intoxicated driver’s wrongful act.

Alcohol-related driving accidents account for a large number of traffic deaths in the roads of Los Angeles each year. DUI accidents are so prevalent nowadays that they take one life every 33 minutes. DUI accidents most often leads to auto collisions leaving other drivers and their passengers injured.

The poor individuals who gets harmed from these DUI related accidents, or the surviving loved ones of a person who dies for the same reason, deserve to be compensated for the losses they have incurred. The law provides them the right to file charges in order to recover monetary compensation from these negligent drivers.

Victims of DUI accidents who are planning to sue must establish that the offender was in fact driving under the influence to an extent that it results to serious impairment of his or her judgment and ability to drive.

Plaintiffs should also be able to verify that the DUI was inexcusable by the fact that the driver willingly drank to the point of being intoxicated although he/she knew that he/she would be driving. The complainant should also establish that the driver knew of the possible harm that may occur because of his or her actions; nonetheless did not do anything to prevent such harm from happening.

The number of auto collision in Los Angeles may diminish significantly in the absence of drivers driving under the influence. Sadly, judging by the rate of DUI related accidents in the present; reality tells us that this is far from happening. So in the event that you or your loved ones get involved in an auto collision with an intoxicated driver, call the help of an accident lawyer who may assist you with your claim.

Tuesday, March 18, 2008

Recovering from a Plane Accident Injury

No one wishes to get involved in aviation accident of any sort but in case it happens, it is good to know what to do or at least be informed about of it.

Plane accidents rarely happen but when they occur, they often end up with disastrous results. According to government statistics, 16,033 civil aviation wrecks were reported in the country in 2006, which resulted in about 316 deaths to aircraft passengers. This statistics include only commercial and private planes involved in crashes and minor mishaps.

The Truth about Airplane Accidents”, posted on November 2007, can help you with some information regarding plane accidents. It identified some of the causes of the accidents which are listed down as follows:

  • Maintenance neglect
  • Pilot error
  • Defective runway
  • Violations of Federal Aviation Administration (FAA) regulations and rules
  • Mechanical defects such as engine failure from a defective aircraft component
  • Aircraft design and structural defects
  • FAA Air Traffic Controllers fault

To get recovery from injuries in plane accidents, it is necessary to get the services of an expert aviation lawyer. Why is it necessary? Because accident cases involving airplanes and other aircrafts such as helicopters and light planes are governed by several laws. Hence, pursuing a claim in most plane accidents would require knowledge of the following:

  • Liable parties in the accident
  • Violations made against aviation law and FAA regulations
  • Available compensation for the type of injuries sustained by victim
  • Methods of settlement

What can plane accident lawyers do? In most cases, a lawyer will first look into the FAA investigative report to have initial information about the accident. He will also try to look into the evidences secured from the site or the aircraft.

If the victim decides to file a claim suit, his lawyer has a retinue of expert witnesses who will evaluate the causes of the accident and help determine the fault and liability among the aircraft owners, manufacturers as well as suppliers, engineers and the pilots themselves.

Plane accident claims are often complex. To be enable to obtain a successful claim from aircraft accidents, a victim will truly need a lawyer who has the skills and experience in cases of similar nature.

Thursday, March 13, 2008

Crash course

Motor vehicle ownership has become easier to attain. In our modern world, car travel has become the primary mode of transportation.

With the increased numbers of vehicles on the roadways, along with the increased travel mileage, risks of motor vehicle crashes increase.

Injury remained to be the leading causes of death and disability across different age groups, with motor vehicle crashes as the leading cause of injury and or death.

Motor vehicle crash causes

There are a number of factors that contribute to motor vehicle crashes. It may be categorized under three headings, that is, behavioral circumstance of the driver, infrastructural defects and vehicular defects.

Under the behavioral circumstance of the driver, inclusive from the list are driving in excessive speed, substance use, aggressive behavior, driver’s distraction or inattention, non-compliance of the safety standards such as use of seatbelts and helmets.

In the manner of infrastructural defects, among the list are dangerous and defective highways, road or weather conditions, poor road maintenance, repair or modifications and roadway deficiency. Usually, responsibility for this concern is with state of federal agencies tasked for their control.

In vehicular defects, within it are the failing to meet the federal quality standards or specification of safety levels in the car manufacture, unsafe airbags and poor vehicle restraint system. Also, poor vehicular structural design, such that the crash zone component of the vehicle cannot absorb much crash force falls under this heading.

Singly or a combination of the aforementioned causes lead to motor vehicle crashes.

It can be said that the public highways are not a safe haven for the traveling folks. Nobody is safe on the streets.

No amount of solution or prevention can bar the inevitable risk of motor vehicle crash on public roads and highways. Motor vehicle crashes are unavoidable eventualities that motorists and pedestrians faced in their daily lives.

No matter how well you drive or how well the road signs or infrastructures are built or how sophisticated the safety features of your car was you cannot escape the danger that vehicle crashes brings.

In fact, when you are traveling on the road, you are taking the crash course.

Wednesday, March 12, 2008

Industrial accidents: Worker’s Curse

On March 3, 2008 at around 9 a.m., an on-site contractor died when he fell at IPSCO Koppel Tubulars Corp.

Falls are the most common construction-related accident. Sadly, industrial accidents like these are but a common occurrence. This is despite the enactment of the Occupational Safety and Health Act of 1970 which provides men and women with safe work environments. It also set up strict health and safety standards and enacted training programs to ensure the safety of employees across the country.

The strict application of the law and the safety measures included therein lies in the fact that factories, construction sites, and industrial machinery create potential risks for injury. More often than not, industrial accidents are horrific and terrifying. Some of the serious injuries that may result from industrial machinery and construction site accidents are blindness, amputation, head injuries, fractured bones, scarring and disfigurement.

Notwithstanding of the risks involved in industrial site, employers continue to disregard their responsibilities towards their workers.

I am calling to the law makers to provide more stringent programs to avoid industrial accidents. This is because employees have the right to work in an environment free of hazards and safety risks.

The risks are there and I acknowledge such fact. Likewise, law makers are expected to be very vigilant in safeguarding the rights of the workers. While it is true that those who are injured on the job can recover monetary compensation and damages, it does not give the employers the right to compromise their safety.

Remember, labor and capital must go hand in hand. Capital is useless without the necessary labor provided by the workers.

Monday, March 10, 2008

Auto Insurance Claim: Steps in Case of Denial

Being involved in an accident is one of life experiences one will go through. Of course, the next step after an accident is to file an auto accident claim.

However, it’s not easy as it sounds. More often than not, the claim is denied. Denial would mean having to bear the expenses incurred in the accident alone which is a burdensome plight.

The following are possible reasons why claims are denied:

  • The claim is not covered by insurance
  • The claim is for an Uninsured Motorist Claim but it turns out that the other party to the accident was insured
  • Coverage has lapse for failure to pay premiums
  • Amount of damage is more than the policy limit

Does it mean that when the claim is denied you will just take it as it is? Of course not! There are some steps that may be taken to deal with the situation. The insurance company has a duty to equitably and quickly settle your car accident insurance claim in good faith.

Isn’t it but the proper thing to do? Insurance companies should make good of their promise of insuring automobiles involved in accidents. However, as I can observe, instead of helping the insured, they do every way possible to defeat their claim.

I have here steps that you can take if you think your claim has been wrongfully denied:

  • Contact your insurance company and inform them of their mistake coupled with documents to support your claim
  • In case of unfavorable decision by our insurance company, appeal the same to the State Insurance Company
  • Hire an auto insurance claim lawyer to discuss the error committed by the company
  • File a suit against the insurance company for bad faith, breach of contract, and/or violations of your state’s insurance code

Standing up against an insurance company which has all the necessary machinery is not a joke. However, if you have all the necessary claim and evidence, chances are you will have a fair chance of success.

Wednesday, March 5, 2008

Defensive driving, an accident solution or just a notion

Most authorities have described defensive driving as a form of training for motor vehicle drivers that goes beyond mastery of the rules of the road and the basic mechanics of driving.

It focused mainly on the aspect of anticipation of perils of the road.

Supposedly, it was aimed at reducing the risk of driving despite the adverse conditions or the mistakes of other drivers.

Of course, the main goal is to avoid car collisions or accidents on the roads in general.

Defensive driving! Is it really a solution for the growing volume of car accidents or continues to be an inclusive general concept with no definite markings of truthfulness.

Based on a study conducted by a group of Los Angeles Car Collision lawyers, a growing number of people lost their lives in motor vehicle crashes each year.

The percentage is much likely the same with those who suffered disabling injuries caused by car collisions.

The group of lawyers have identified several causes that lead to the unpleasant car collisions or crashes.

All too often, auto accidents are the result of high speed driving, physical impaired driver , recklessness or carelessness on one driver's part and driving under influence of drugs or alcohol.

Based on the foregoing, one can conclude that the road is not a safe haven to speak of. No matter how much ounces of prevention you apply road accident- or to be specific, car crashes could happen anytime, anywhere and right now.

In the present conditions, car collisions are hard to prevent. Regardless of how careful or skilled or been a defensive driver you are, if the attitude of most drivers would not be changed, car crashes would not be extinct.To my mind, being a defensive driver means nothing. It is not really a solution to the problems of car collisions or crashes.

Instead it remained to be a notion of some drivers who are afraid being caught by the sullen event.It cannot guarantee your safety.

Defensive driving is just an art of avoiding oneself from the troubles of car collisions. It is plainly a self-preservation kind of thing.

Defensive driving is purely self- aggrandizement.

Thursday, January 24, 2008

Hiring Lawyers for Insurance Compensation Claims

Problems with accident insurance claims

Almost every cases of vehicular accidents in California result in filing of an insurance claim. This is what most victims do in order to recover expenses in paying for their medical treatment, damage to property and other losses related to their accident involvement.

Unfortunately, a great number of traffic accident victims fail to receive the right amount of recoveries that they should get. This is mainly because of their inadequate understanding about the matters surrounding their insurance policies.

Another thing is; majority of these insurance companies are always attempting to lessen their obligation to their clients. And without having an expert advice from a proficient auto accident lawyer, these victims may just have to settle for least amount of compensation.

Hiring expert assistance

To get the maximum amount of insurance compensation, one must first consult a credible legal counsel. Not all accident victims know; a well-experienced auto accident lawyer is capable of doing these tasks for his injured clients:

  • Assist in establishing liability by gathering sufficient evidences and interviewing possible witnesses
  • Guarantee that the victims will receive proper medical attention
  • Compute the full amount of money that the victims may get from their insurance coverage
  • Explain to the victims some basic information about their insurance policy and cases filed
  • Ensure the maximum recoveries by obtaining a complete documentation of the accident and medical records of the victim
  • Provide an update about the status of the insurance compensation claim

Finally, being injured in an accident is frustrating enough for the victims. What more if they will not obtain the damages that they deserve. Hence, all motorists and drivers must have a comprehensive insurance policy to avoid further problems when untoward incidents occur.

Nevertheless, they should also make sure that they hire only the most reliable auto accident insurance lawyer in pursuing their insurance claims. Appointing incompetent representative will even risk their chances of gaining success and recoveries.