How Negligence Can End One’s Life

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Nobody wants any of their loved ones subjected to great danger, right? In as much as possible, you’d want to be able to protect the people you love from harm. You’d do no matter what to ensure their safety. However, one should learn to accept that you can only try so hard to protect one from injuries and pain. You would never be able to always be by your loved one’s side to protect them from being exposed to the many dangers in life.

Knowing that you can’t always protect your loved ones from the dangers in life, it is even more painful to see them get injured or worse, die because of somebody else’s negligence. Take the case of the Valenzuela family in Palmdale, California. They are now facing great pain and despair after their kid, 18-year-old Michael, was struck and killed by a school bus while biking.

According to the California Highway Patrol, Michael just left for his first day of work and was about to go to a park nearby to play soccer with the kids. However, just as he was crossing the street, a bus carrying more than 40 students from Los Amigos School hit him.

Friends and family of Michael Valenzuela are all mourning now as they can’t comprehend why such unfortunate incident happened to their loved one. All of them are remembering how kind-hearted and passionate Michael was and how this unfortunate tragedy prematurely ended his life.

Residents in the area said that this is not the first time that such an incident happened. They have repeatedly asked the city to install warning lights at the intersection since a lot of kids are using the park’s soccer fields. This way, the residents believe that accidents such as this could be prevented. Sadly though, the City government hasn’t complied to their request yet.

Accidents like these should have not happened if the authorities were only quick to react in fixing what needs to be fixed in their areas of responsibility. In cases like these, you can file for personal injury claims if you can prove that there are negligent parties and actions that have caused the accident.

So if you or your loved one has suffered from incidents such as these and you believe that someone is responsible for such things, you can ask the help of Los Angeles personal injury lawyers to assist you in filing for claims. With the right cases filed, you don’t only get monetary compensation as payment for all of the damages that this incident has caused you and your family. Stand up for your rights and don’t let negligent people get away from their actions or the lack of it. By filing the necessary complaint, you can finally get the justice that they deserve.

Proposed Calif. Assembly Bill to Ban Hands-free Texting While Driving

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It is already a common knowledge among California motorists that using cell phones while driving is prohibited on the state’s roadways. According to current state laws, only adult drivers aged 18 or older are only allowed to use cell phones equipped with hands-free devices. Those under age 18 are, of course, prohibited from using such wireless devices, with or without the hands-free devices.

Similarly, every California driver knows that text messaging is not allowed as well. It is explicitly stated in the current state law that drivers are prohibited to “write, send, or read a text-based communication” using such devices as mobile phones. However, hands-free devices, as well as those equipped with voice-controlled technology, are allowed.

Such provision was first legalized in California last year, wherein the Assembly Bill 1536 was signed into law and amended section 23123.5 of the California Vehicle Code. But then, the exemption was seen as a detriment to the cause of addressing the issue of distracted driving. This is the reason why first-year Assemblyman Jim Frazier (D-Oakley) introduced Assembly Bill 313.

Basically, this proposed bill would delete the current exemption for voice-controlled texting devices, making it illegal while driving. According to the proposition, “there is no difference in the crash risk of hand-held or voice-operated devices.” It further added that “no study has determined that texting while driving is safe.”

Additionally, the Assemblyman’s office released a statement from Richard Harkness, a traffic safety expert. He said that the provision of allowing texting with the use of voice control and/or hands-free devices was “one of the most dangerous traffic laws I have seen in my lifetime,” referring to the AB 1536.

Aside from the Assembly Bill 313, another bill was introduced, this time in the State Senate. The Senate Bill 194, which was drafted by another first-year legislator Cathleen Galgiani (D-Stockton), would ban all wireless communication devices to the current cell phone ban for teen drivers.

For many legal experts, including Los Angeles personal injury attorneys, these proposed bills would be the next big step to finally eliminate, if not totally eradicate, the incidents of distracted driving in the State of California.

ESC Saves Lives

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You have probably heard of the terminology ‘Electronic Stability Control’ fitted on modern day cars. But you are also probably asking: does it really help in making your vehicle safer? Basically, ESCs are technological gizmos that are installed in your vehicle that helps ensure your vehicle has the maximum grip at all times.

How does the ESC work?

The faster your vehicle runs, the more that it can lose that all-important grip to keep it in control at all times. When it does lose grip, your vehicle will skid and it will be harder, if not impossible, for you to steer it to wherever you want it to go.

There are a number of factors that affect the vehicle’s grip. Heavy rain and uneven roads are the usual culprits as to why vehicles lose control on the road. Furthermore, the wrong driver attitude or lack of advanced skills can make a motorist apply the right corrective action to bring back vehicle control.

This is where the ESC system kicks in. This device has computers that get vital information about your vehicle. Depending on the situation, the system automatically applies the brakes or power to the wheels with the most grip, helping you control your vehicle better. The National Highway Traffic Safety Administration (NHTSA) has ordered the deployment of this new safety feature for all light-duty trucks and passenger vehicles since September 1, 2011.

Benefits of the ESC

According to the NHTSA’s three-year study released last November 30, 2012, the agency estimated that ESC alone has saved 2,202 lives from 2008 to 2010. In the year 2008, 634 lives have been saved by this new technology. Another 705 deaths were avoided in 2009 and some 863 more in 2010. These growing number of people saved because of this new technology only prove that the device is an effective deterrent to fatal accidents.

That is why the NHTSA is strongly urging the public to consider vehicles that are fitted with this technology. Buyers can go and visit www.safercar.gov to check out vehicles from 2005 – 2010 that are fitted with ESCs. To make searching easier for consumers, they can look for individual makes and models in the abovementioned site.

ESC on all cars plying by American roads

The NHTSA published a rule in April 2007 establishing Federal Motor Vehicle Safety Standard 126, requiring automotive manufacturers to fit all passenger cars, Sports Utility Vehicles (SUVs), vans, and pickup trucks with ESC. Additionally, the agency is now proposing a newer federal motor vehicle safety standard that will be requiring the installation of ESC on large commercial trucks, as well as large buses. This new measure aims to prevent some 56 percent of rollover crashes every year and up to around 14 percent of loss-of-control crashes.

Nothing beats good, safe driving practices

ESCs and other active and passive safety systems may help prevent or lessen the extent of injuries and damages brought about by car crashes. Incidentally, every  Los Angeles Personal Injury Lawyers also knows that practicing good and safe driving habits is always necessary.

Newest U.S. Pedestrian Accident Statistics

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Pedestrian accidents account to only a small percentage of all motor vehicle accidents in the United States. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that some 4,432 people who were killed in motor vehicle accidents in 2011 were pedestrians. This was a 3 percent increase from the previous, in which the NHTSA recorded 4,302.

Meanwhile, the number of injuries in pedestrian accidents reached approximately 69,000; a 1.4 percent decrease from the previous year, which stood at around 70,000. With these statistics, it is reasonable to conclude that many pedestrians right now are nowhere safe with vehicles around, especially in big cities such as Los Angeles in California.

In fact, the pedestrian activity in the second-largest city in the U.S. account to 20 percent of road activity. Sadly, it was revealed that the so-called “City of Angels” had three times as many pedestrian fatalities as the national average, which stands at 11.4 percent.

Indeed, getting involved in an accident while you walk on a sidewalk or use the crosswalk can be devastating. If you live in Los Angeles and you regularly travel on foot to work or school, then you must know that you are entitled to monetary compensation in case you have been injured in an accident.

If you want to claim for damages in a pedestrian accident, it is a must that you seek the expertise of a Los Angeles personal injury lawyers. Basically, pursuing a claim in such an unfortunate incident can be complicated, as this involves hard work with your chosen legal representative.

As it is, there is paperwork involved, as well as investigations to help establish the negligence of the liable party involved in the accident. Also, your claim is negotiated with the insurance company of the liable party. With your chosen attorney, he or she will do his or her best to successfully settle your pedestrian accident claim without resorting to litigation.

As you know, litigation may take a long time to settle, and this may involve legal fees that may be too much for you to handle. More importantly, you must cooperate with your attorney to ensure that you obtain the best compensation you deserve.

On Calculating for Your Personal Injury Damages

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No matter how good one takes care of his or herself, accidents are bound to happen. When it does, they leave him or her sustaining injuries. With these injuries, the victim may end up either physically, or mentally unable to work. How can one pay for your bills, help you survive with your daily life, as well as have yourself treated and rehabilitated well?

Given this predicament, one has no choice but to file for a personal injury claim. By doing so, he or she would be able to receive compensation for his or her injury, helping him or her get by with each day and recover from his or her injuries.

Basically, personal injury is one of the most tort claims in the United States. Every year, Americans file their claims for personal injury after being involved in different kinds of accidents.

As it is, filing a personal injury claim is not easy. You have to go through a lot of difficult steps before the ball starts rolling, and have your claims processed. But how much can you get out of these claims?

Insurance companies are compensating personal injury victims in different ways. It could be for any of the following reasons:

•    Payment of medical care and expenses;
•    The equivalent amount of income you’ve lost because of the accident;
•    Support for permanent disability or disfigurement;
•    Damages for family, social, and educational experiences;
•    Damages for the stress, embarrassment, depression, strains in your family relationship, or other emotional damages; and
•    Payment for property damage related to the injury.

But just how do they compute the amount of the damages you’d receive?

•    The company adds up the total of medical expenses including “medical special damages” and “general damages”. 
•    This amount is multiplied by the depending on the graveness of the damage. It starts from lows of 1.5 to 2, to as much as 5. For severe damages, the amount may be multiplied by as much as 10.
•    The adjuster adds on the amount of income one has lost as a result of his or her injury. Then, your lost income is added.

The methodology given doesn’t yield the final amount though. Instead, that would be the mean amount where the negotiations will begin. The most important part is the factoring in of the “percentage of fault” between the defendant and the plaintiff, which is not an exact science.

To ensure that you will receive a bigger amount as payment for the damages you suffered, you must hire the services of a reputable personal injury lawyer in Los Angeles. A legal counsel can give you good legal advice to help mount a stronger, more credible claim. This way, you can get a bigger amount that can help secure both you and your family’s future.

What You Should Do When Dealing with Dog Attacks

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It is a common sight here in Los Angeles to see people with their pet dogs in parks or walking down the street. These different breeds of dogs are quite difficult to ignore and more often than not, you’d find yourself staring at them or touching them.

Dogs, no matter how gentle they are, could pose a threat to humans. Some dogs, because of their protective nature, can attack individuals whom they think are a threat to them or their masters. A simple gesture could make a dog attack somebody. That is why you should always be careful in dealing with dogs.

Here are some tips on how to prevent dog attacks, or at least, lessen the possible injuries when such event happens:

•    Never agitate them. Dogs can interpret smiling as baring your teeth for a fight. Making eye contact with them makes them think you are about to attack them. Also, dogs that are chained are more likely to be aggressive.
•    See the signs. If a dog approaches you with its head held high or low, are less likely to attack. On the other hand, a dog whose head is leveled means business. A dog that’s loping gait means they are being playful; an even steady run is more likely to attack you.
•    Block them. When a dog attacks you, do something to block them and don’t hesitate. Use your leg, a stick or anything around to block the dog from biting you.
•    Keep calm. Panic makes the dog feel more confident, causing it to either threaten or attack you. Either one of them can aggravate the situation. As such, commanding them is necessary for it to hesitate on attacking you, giving you a chance to back away. However, you cannot run as it may chase and catch you even more.
•    Back away slowly and leave. Once a dog loses interest in you, you can now leave and go.

While dogs’ possible actions are very difficult to predict, keeping these tips in mind will help you avoid getting attacked.  These simple pointers can prevent you from a dog attack and seek the advice of a personal injury lawyer in Los Angeles.