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

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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.

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.

Simple Safety Tips for Los Angeles Cyclists

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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.