Wednesday, December 26, 2012

Putting a Stop to Accident-induced Shock

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As the old adage goes, accidents happen. This happens in times or places that we least expect them. This is the reason why most of the time it is hard to avoid them. However, you can do anything and everything you can to avoid them.

Accidents can cause extreme shock that brings injuries to the victims. When they happen though it is important that you know what you should do.

Here are some of the things that you can do to get rid, or minimize shock after a car crash:

•    Breathe. Try to slow down your breathing. After a crash, there’s a great chance for one to hyperventilate. Hyperventilation can make you pass out. If you feel like you’re about to lose consciousness, lean your head down between your legs.
•    Drink lots of water. Stress hormones can produce toxins inside the body. Adequate fluid intake flushes these toxins out of the body.
•    Stretch out. This will relax your muscles that might get stiff due to excessive stress.
•    Take supplements. Calcium and magnesium supplements, when taken together, relax the muscles and calm your mind.
•    Let it out. Talk to a friend about what happened to you. This can help ease up emotional stress.
•    Rest. Take extra rest during the night. The more sleep you get, the more relaxing it will be for you.
•  Eat the right food. A light meal after the crash can bring your sugar levels back to normal. Recommended foods to take are bananas, yogurt, and a piece of bread.
•   Seek medical attention. No matter how light your injuries are, having your body checked up will let you know if you sustained injuries.

Following these simple tips can help you recover from the traumatic experience you’ve just been subjected to. After you have recovered though, submit yourself to the investigation that will be conducted by the authorities. You may then file a case so you can receive damages for whatever injuries you may have sustained.  A good Los Angeles car accident attorney can help ensure your victory in the case that you may have filed. Then, you can truly recover from the accident that you have been into.

Tuesday, December 18, 2012

Wearing Seat Belt Only Takes 2 Seconds: Buckle up for Your Safety

Buckle Up for safety | vehicle accident

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According to an article by the California Office of Traffic Safety (OTS), wearing seat belt only takes roughly two seconds to do; hence, drivers and passengers have no excuse not to buckle up. In the State of California, adult vehicle occupants who fail to restrain themselves using seat belt and/or shoulder harness may be fined with no less than $142.00.

Since 2005, the California government has implemented “Click It or Ticket,” a program that aims to require all drivers to wear seat belt for their safety. Since it was implemented, seat belt use rate has increased significantly – from 92.5 percent in 2005 to 96.2 percent in 2010, which was in fact a record high.

Additionally, the said traffic safety program involves disciplining California drivers who do not wear seat belt or properly restrain children inside their vehicle. The minimum fine for adults who do not use seat belt is $142.00 and up. Meanwhile, the minimum fine for parents or adults who do not restrain passengers under the age of 16 is $445.00.

“Click It or Ticket” is a program well-supported by various government agencies including Business Transportation and Housing Agency (BTH), California Highway Patrol (CHP), OTS, Department of Transportation (DOT), Department of Alcoholic Beverage Control (ABC), and Department of Motor Vehicles (DMV).

Despite the benefits of using seat belt, Los Angeles drivers must still recognize the certain dangers of the road. Drivers must remember that wearing seat belt does not exempt them from accidents. The following are the common causes of major and fatal car accidents in California:

•    Intoxicated drivers
•    Distracted drivers (drivers who eat, talk on the phone, or text while driving)
•    Speeding drivers
•    Wrong-way drivers
•    Swerving drivers
•    Poor weather condition
•    Road hazards and debris

Meanwhile, Los Angeles drivers who got injured in an accident caused by a negligent motorist should promptly contact a Los Angeles vehicle accident attorney for them to recover personal injury damages.

Thursday, December 13, 2012

The Other Driver’s Not Always the One Liable for Your Injuries

California Car Accident | Liability on car accident
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If you are involved in an accident caused by someone else’s negligence, you must remember that understanding your rights, duties, and responsibilities as a victim is critical. As such, you must pursue a claim against the other driver whom you believe is at fault for the accident.

In most vehicle accident cases, the one who breached or violated the duty of care is the one responsible for the accident. However, if you plan to pursue a claim against the other driver, you must prove the following:

•    There exists a duty of care. Every reasonable driver makes it a point to operate the vehicle in the safest manner possible to avoid causing injuries to other people or damaging properties.
•    There was a breach of duty of care. It would technically make the other driver liable for the accident.
•    To be able to attain compensation from the driver, you must have sustained injuries as a result of the accident.

However, there are times when the other driver is not always the one liable for you injuries. In fact, someone who is not present at the scene could be the one responsible for the damages and the injuries you sustained.

You might found out in the investigation of the accident that the driver actually borrowed his or her car from someone else. Given that the owner of the car gave permission to the driver to use the car, your case won’t necessarily go up in flames. In fact, you may still file a claim, but the liability won’t be placed on the driver anymore, but on the owner of the vehicle.

One of the states that have laws regarding such circumstances is the State of California. There, if the user gets involved in an accident, the owner won’t be rendered liable for unlimited damages. It means that the driver has limited liability, depending on the result of the accident.

But if the owner permitted someone who is not licensed or is not qualified to drive, he or she may be rendered liable for unlimited damages. To know whom you can sue in case such situation arises, it is best that you hire a Los Angeles car accident attorney so that your claim gets firmly established. With an established claim, you will have better chances of getting fair amount of monetary compensation from the liable party so you could recover well from the accident.

Thursday, December 6, 2012

The Basics of Employment Termination Laws in California

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Just like any other U.S. state, employment in California is regarded as “at will.” This means than an employer can terminate or layoff an employee at any time with or without any reason at all. On the flipside, an employee can quit a job at any time he or she wants without providing any notice to the employer.

However, many employers of California employees have been governed by employment contracts signed by both parties, rendering the “at-will” approach in employment useless. The same can be said on collective bargaining agreements, in which stipulations on notices and conditions for termination are followed.

Basically, employment termination laws in California are handled by the state’s Division of Labor Standards Enforcement or DLSE. Said state agency is responsible for enforcing laws on both final and vacation pay in light of terminations.

Aside from that, the DLSE is also responsible for protecting employees who were terminated wrongfully for engaging in a protected activity, including jury participation, DLSE complaint filing, and providing subsequent testimonies in relation to the filing.

DLSE’s jurisdiction, however, does not cover collective bargaining agreements which may have terms for termination. Moreover, if the employer terminates an employee in a discriminatory manner and in the process violating the provisions of the state’s Fair Employment and Housing Act (FEHA), the latter should contact the Department of Fair Employment and Housing (DFEH) and lodge a formal complaint.

Aside from seeking help from the DFEH, an employee who was terminated wrongfully in an “at-will” setting should seek the services of an able employment attorney in California. “At-will” employment in California has its own exceptions, and an employer who violates such exceptions will likely face an employment lawsuit.

For example, an employer cannot terminate an employee just because the latter refused to break the law at the employer’s request. It is called a public policy exception. Likewise, an implied contract exception prohibits an “at-will” employer to terminate an employee if there is an implied contract formed between the two parties.

To know better about the employment termination laws in California, an employee must consult with a Los Angeles wrongful termination lawyer. This way, he or she will be informed as to the governing rules concerning at-will employment.

Tuesday, December 4, 2012

Simple Safety Tips for Los Angeles Cyclists

Los Angeles Cyclist | Personal injury Lawyer
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Using bicycle as a means of transportation provides notable health benefits. However, despite its advantages, there are still imminent dangers in cycling, especially on busy highways. 

According to statistics, at least 43,000 bicyclists were injured and 698 were killed due to bike accidents in 2007. During the same year, a total of 109 California cyclists were involved in fatal traffic accidents.

The following are other alarming data on bicycle accidents:   
  • •    The average age of bikers killed in road accidents in 2007 was 40
  • •    Males are more likely to get involved in bike accidents compared to female bikers
  • •    15 percent of those killed due to bicycle accidents in 2007 were under the age of 16
  • •    At least 28 percent of those injured bikers in 2007 were aged under 16-years-old
  • •    The average age of cyclists injured in bike accidents was 30

Bicyclists are commonly at risk of getting involved in accidents due to road hazards. Because of relatively thin and unsteady body frame of bicycles, sudden changes in the road surface can instantly result in abrupt accident. The common road hazards that post threat to cyclists include potholes, sewer grates, and railroad tracks.

Another problem bikers face while on road is the intersections. At intersections, motorists tend to overlook or ignore the presence of cyclists. So here are some helpful tips for bikers to avoid getting involved in an accident at intersections:

Increase visibility – Bikers are urged to wear bright-colored clothing and to install front and rear lamps on their bikes to get easily get noticed by other road users.

Stay on bike lane – In states like California, there are designated roadways for bikers. Cyclists should avoid using lanes specified for motor vehicles

Ride defensively – Bikers should always take notice of road hazards and motor vehicles while cycling to anticipate any accident and to do necessary preemptive measures

In case you got involved in a bicycle accident due to the negligence of a motorist, you have the right to claim for monetary compensations. However, asserting for compensation claims are usually complicated, which is why it is advisable that you consult with a Los Angeles accident attorney to learn the correct legal procedures to follow.