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.