External Factors in a Car Accident

Typically, car accidents are caused by several factors. In most cases, they are caused by negligence arising from the driver’s inattention or recklessness. In some instances, however, an accident may also be caused by factors beyond the driver’s control such as vehicle malfunction or due to road and weather conditions.

Several newspaper accounts show how a winter storm has affected traffic in some major freeways from Malibu to Palmdale.

According to many news reports, as these Southern California areas were buried in snow, many freeways were closed to traffic because of poor visibility and the potential hazard of slippery roads.

One news report also mentioned about a car accident that occurred in the Newhall area, where police believed, the victim’s vehicle might have spun out on black ice.

“Better safe than sorry”, may be a good advice to motorists during extreme weather conditions. In this time of year, it is best to prepare for any eventuality than to be caught up in a situation.

Here are few tips to avoid road accidents during extreme weather conditions:

• Check the weather condition before going out of the house

• Have your car checked and make the necessary improvements to adapt to the weather such as fog lights, snow tires, etc.

• Be sure to take extra batteries for your mobile phone so that you can ask help when you get stuck

If you happen to be injured in a car accident caused by another person or by factors beyond your control, you can ask the assistance of a car accident lawyer to help you determine the cause of the accident and pursue damages for your injuries.

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Elevator accident: Something has to be Done

Almost every building and establishment in California, especially Los Angeles, which is at least higher than four floors, has an elevator installed on them to lift passengers up and down.

But oblivious to us is the fact that every year, significant numbers of our fellow “passengers” suffer bodily injuries because of untoward incidents that happened in this great invention – the elevator accident.

In the country, several cases of these elevator accidents have been brought before the court for settlements of claims for damages and other loss. Under the law, you may have a claim from the property owner or proprietor of the building where you sustained injuries because of an elevator accident.

Some was rather very unfortunate to suffer wrongful death.

A substandard construction or failure to maintain the proper standards, building codes, etc. of an establishment will most probably expose its owner/proprietor to liability to persons who suffered injuries due to accident.

If you or a family member suffers this type of accident or anything related to elevator accident, you must seek rightful compensation with the help of an elevator accident attorney or a personal injury lawyer.

The battle may be tough, as to proving and establishing the negligence and liability of the building owner, that proper and efficient representation will be indispensable in each and every case of elevator accident.

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SUV Crashworthiness in Rollover Accidents

Sleek, sturdy and strong - sports utility vehicles (SUVs) are popular among motorists and consumers around the country. Unfortunately, rollover crashes often involve SUVs and other bigger vehicles like vans and light trucks. Each year, rollover accident victims swell in number.

Because SUVs are usually bigger than regular cars, injuries in rollover accidents are often fatal. In fact, 33% of all vehicle accidents in the country may be attributed to fatal rollover accidents.

To be able to know how passengers may be protected during accidents, its crashworthiness must be determined. Whatever caused a vehicle to crash, there must be some degree of safety to protect passengers from injuries in an accident. This is called crashworthiness and it is a principle applied by car manufacturers when they design and build cars.

Similarly, crashworthiness can also help you in determining fault in a rollover accident. Faulty design and manufacturing defects could result in accidents and bigger vehicles, like SUVs and vans have unstable center of gravity, making it prone to rollover accidents.

In addition to this, the absence of safety mechanisms like seat belts can undermine a vehicle’s crashworthiness.

If you believe your injuries in a rollover accident are caused by vehicle defects, you must immediately consult with an experienced personal injury lawyer to thresh out the issues.

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School Bus Safety

Our children’s safety and welfare are our primary consideration. One way of showing it is by hiring a school bus.

School buses bring our children from home to school and vice versa without any fuss. That is what we think.

But don’t you know that children are not always safe in school buses? Just we thought that there are accident happens.

Case in point is a Wisconsin school bus where nine students were seriously injured. None was reported to have died. Sources said that the bus ditch off a dirt road and tilted on its side.

School bus accidents are becoming rampant. It is more dangerous as it involves children who cannot take care of themselves and who are oblivious to dangers.

School administrators must make extra steps to ensure that their bus drivers have undergone extensive training. I suggest hiring school bus drivers who have clean records and no incidents of any negligent driving.

I also recommend letting these drivers undergo seminars on road management and safety.

The bus itself must also be equipped with seatbelts to prevent the students from standing or moving around while it is in motion.

It could spell addition expenses but at least the safety of our children is assured. No amount of money can compensate our peace of mind regarding their safety.

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Accident – A Far Reaching Effect of the Worsening Economy

Some say that the US continuing economic downtrend produced one unlikely result – accident. Hard to believe but not far fetch.

At the second quarter of this year, fuel prices skyrocketed. Because of this, people seek ways to lessen transportation expenses by saving on gas spending. Some resorts to bicycle and motorcycle rides. The consequence: rise in bicycle and motorcycle accidents.

According to study, older drivers are more likely to figure in an accident because of reflexes impairment, not to mention that 40 year old people may no longer have the same alertness as their young counterpart, which is essential in driving motorcycles.

But that do not hold true anymore. On one morning of last week, a 24-year old motorcyclist died on Sabre Springs Parkway. Witnesses said that the young man was traveling at high speed when he lost control, rode up to the center median and bumped on a tree. Police report said that the “impact disintegrates the motorcycle and the motorcyclist was thrown onto the pavement.”

A couple of years back, around 3,000 deaths were reported to have been caused by motorcycle accidents alone in the United States. More frequently, this accident tends to be a little more serious than other vehicular accidents.

Because of the vehicle’s make-up, i. e. open and with only two wheels to support it, the driver will most probably suffer more injuries than his counterpart on a car, truck, or buses.

Studies show that one of the things, which caused motorcycle accidents, is poor maintenance of the vehicle. Another is bad roads and weather conditions. Also, motorcycle accident may occur due to the conduct of the other driver in cars, for instance, as they tend to undermine motorcycles or altogether neglect them in roads.

In the State of California, the number of motorcycle licenses has reportedly increased – from 908,000 in 2002, the figure reached a staggering more than a million this year.

As they say, everything has a price. Due to increasing use of motorcycles and bicycles, the accidents in the streets involving them has exponentially increased as well.

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Recovery for Injuries from Rollover Accidents

Among different types and classes of motor vehicles, sports utility vehicles (SUVs) are particularly prone to rollover crashes. This may be attributed to the vehicle’s high center of gravity, a design that makes maneuvering difficult and increases its vulnerability to rollover accidents.

Because of this, establishing fault in a rollover accident is often difficult and tedious. Unlike in common vehicle accidents where fault may be due to another person’s negligence, liability in a rollover crash may be caused by other factors such manufacturing or design defects.

The rising incidence in rollover crashes, as mentioned in the article “An SUV Rollover Accident is a Traumatic Accident that Numerous Individuals are Faced With”, posted on October 14, 2008, has become a growing concern for both the government agencies and the motorists.

The article discussed possible serious injuries that a victim may suffer in a rollover accident. These include either traumatic injuries, such as head and brain injuries or spinal cord injuries. In addition to this, the victim has to undergo pain and suffering caused by his injuries.

Serious and traumatic injuries from vehicle accidents such as rollover crashes can be pursued with the help of an attorney. To increase one’s chances of success in obtaining full recovery from such injuries, a victim must consult with someone who has the skills and experience in similar cases.

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SUV and Vehicle Safety Issues

Rollover crashes involving sports utility vehicles (SUVs) are often fatal and without the necessary mechanisms to ensure the safety of occupants in an SUV, accidents are most likely to result in serious injury or death.

This is what happened to the driver and five passengers of an SUV as mentioned in the article, “None of six in San Jose SUV Rollover Had Seat Belts”, posted on October 14, 2008. According to the article, the serious injuries suffered by the victims were caused by the absence of safety mechanism in the car such as seat belts and child seats.

However, in some cases, accidents are caused not only by driver’s negligence but also by factors beyond his control such as vehicle manufacturing defects.

As several studies have shown, sports utility vehicles are prone to crashes and rollover due to its unstable built. Based on crash tests conducted, most SUV’s have uneven center of gravity, which make it roll over to one side or lose control when it turns sharply on a curve.

Considering this, car manufacturers can be held liable for injuries caused by defects in vehicle design and safety mechanism issues. Under product liability, a car manufacturer is answerable for the harm and damages a vehicle may inflict on its user or driver, including the passengers.

Statistics show that over 12,000 people died last year in rollovers, with SUVs averaging the highest rate at nearly 62 percent while the remaining percentage involved other cars and vehicles. In addition, the rate of serious injury in passenger vehicle rollover crashes is 36 percent higher than in other vehicle crashes where there is no rollover.

Because safety issues are no laughing matter, these can be properly addressed by an expert or someone who has the experience and skills to deal with it, preferably a personal injury lawyer. Thus, victims of accidents due to defective mechanisms and parts or manufacturing defects must seek legal help to obtain their rightful claim for their injuries.

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Liability in Dog Bites and Animal Attack Incidents

Besides being attacked by animals or dogs, the worse one could experience is having bitten and injured by dogs. No one knows exactly how one feels when being injured in such incidents except the victim himself.

Hence, in most cases, claiming damages for injury in a dog bite incident is only the practicable resource of a victim.

Take the case of the issue in the article, ”Jennifer Lopez’ Husband Marc Anthony to be Joined in Dog Bite Lawsuit”, posted on September 5, 2008. According to this article, the incident occurred while the victim was on board a private jet together with the celebrity couples, Jennifer Lopez and Marc Anthony and their pet dog.

Reports said the dog tried to bite the victim on the leg which caused him to fall and hurt his back. As a result, the victim filed a claim for injuries against the couple.

In most animal and dog bite incidents, the owners can be held responsible for animal bites. However, other parties may also be held at fault in some instances:

• Animal Keepers - The owner or keeper can be held responsible for an animal bite if an animal escapes a cage or zoo and causes injury.
• Property Owners - A property owner can be liable for injuries caused by an animal that the property owner allowed onto his or her property.

• Parents of Minors – for a person under 18 years of age who owns the animal, an injured person can bring a legal claim against the minor's parents, even if the parents had no direct involvement with the animal

• Landlords – when an apartment landlord knew that a tenant owned a dangerous animal, the landlord may also be liable for animal bite injuries.

In California, liability in dog bite incidents is governed by strict liability, meaning the owner of an animal is strictly held liable for its behavior. Thus, the owners are often held responsible for the injuries they caused to their victims.

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The Mounting Bicycle Accidents

After gas prices soared in the past few months, some people have noticed the remarkable increase in the number of accidents involving bicycles.

In the article, “Cycling Accidents Increase with Gas Prices”, posted on September 23, 2008, this phenomenon was reported. According to the article, a cycling organization believes commuters using bicycles as a means of transport have doubled in the past year. In California, the number of licenses for motorcycles has also increased “from 908,000 to over 1 million”.

While it may be true that bicycle accidents can be attributed to the increase in the number of bicycles users as brought about by the rising fuel prices, other factors must also be considered.

Bicycle riders have a higher risk of getting involved in accidents than car drivers, owing to the size and speed of bicycles. At any rate, those who ride on highways and busy streets have greater chances of getting involved in road accidents.

Knowing the basic rules in road safety and courtesy such as lane sharing and observance of traffic rules could help a rider avoid the risk of accidents. In any case, if you happen to get involved in a cycling accident, it would be best to ask legal assistance from someone who is knowledgeable, preferably a lawyer.

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Mental Issues in Post Car Accident Scenario

How does a victim feel right after a car accident?

Definitely, vehicle accidents result in injuries, which are either minor or serious ones. But what goes on inside the mind of a car accident victim is something that cannot be detected and treated right away.

In most cases, I would assume that many vehicle accident victims suffer from some kind of trauma or anguish over the tragic event.

One can judge for himself how someone who was driving a truck that struck another vehicle and caused a four-vehicle pile-up managed himself to survive though injured, got out of the crashed vehicle and jumped off the ledge in a busy highway.

Strange it may seem but true. In the article “Driver who Crashed, Jumped Off a Ledge not Arrested”, posted last September 22, 2008, that incident happened. A truck driver crashed his vehicle into another car that resulted in a pile-up. It happed at the Pacific Coast Highway.

According to the article, the injured truck driver got out of the car after the collision and walked through the busy traffic. Witnesses said the man did not appear to be fleeing the scene of the accident but “acted bizarre” and suddenly jumped off the ledge.

When asked by police officers later, the driver said he was not aware of his actions during that moment.

Accident victims experience trauma and other mental conditions after getting involved in accidents. In some cases, the mental conditions of accident victims are the result of serious physical injuries such as brain or spinal cord injury.

Claims from pain and suffering, including serious injuries, from accidents are recoverable. In order to obtain compensation for these non-economic damages, an accident victim must consult with a credible and experienced personal injury lawyer.

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Roll over Accident Injures at Least One

Another rollover accident involving SUV occurred in Anaheim 91 freeway again.

By now, we know that amongst all cars, SUVs are more likely to rollover.

Countless of roll over accidents happened in the US involving SUVs nowadays. These accidents are primarily attributed to vehicle make-up and manufacture designs.

Going back, the Anaheim accident happened one Tuesday afternoon. Due to the accident, two fast lanes were blocked and a SigAlert was issued.

Traffic remains slow in the Freeway even after dark. It was reported that at least one person was injured in the accident.

The Anaheim Fire Department responded at the scene of the accident and treated the person who sustained injuries before he was transported to St. Joseph Hospital.

Statistically, more than 28,000 roll over accidents happened each year in the US. 10,000 are fatal – meaning death resulted, while 24,000 are ruinously injured.

Pile and pile of cases are being filed - against third party, insurance, car manufacturer, among others, across the nation.

This yet another accident is no exception. In this regard, help from a rollover accident lawyer must be had.

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It Takes Time to Establish Construction Liability

I have scanned a news release last Saturday posted by The Union Tribune in San Diego stating that the state investigators may take months to finish establishing accounts of the walkway collapse that recently happened at a construction site in East Village. The terrifying accident, according to the report, injured 15 individuals who were subsequently rushed to hospitals.

Now, let me discuss two things here. Why does the authorities need such long period in determining the facts? What are the liabilities that may apply in this particular case?

Determining the true accounts of the incident and the liabilities involved may really take time. Primarily, the length of the process will depend on various circumstances and conditions. Did the construction site owner and/or company have been neglectful in ensuring safety while the construction works is in progress?

Another matter, which the law weighs, is the question on how the victims responded to the safety rules implemented on the site. Several instances wherein the workers have been reluctant in abiding such rules give negative results in cases that were filed.

Certainly, the site owners, engineers, contractors and suppliers may be held accountable for accidents that may result from their negligence. If the court found out that they are indeed liable, they will be urged to compensate the victims.

Recoveries may still vary but generally, injured victims may receive reimbursements for the following:

• pain and suffering

• hospitalization and other medical expenses

• loss of wages including their potential earnings in the future

• mental distress

• punitive damages and other types of damages and losses in relation to the accident and injuries

However, the process of recovery may cause further discomfort on the part of the victims. Thus, it is very much necessary for the injured victims to have their cases defended by construction liability lawyers who have the capability of obtaining justice and rightful recoveries for them.

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What Causes Vehicle Chain Accidents

Many have been said about road accidents and catastrophes. Its devastating effects to the victims and their families can be life changing and much can result to loss of lives. More so, these incidents can be more painful if, after following all the necessary precautions in driving, you still get hurt because of someone’s neglect or imprudence.

Such things are true in vehicle chain accidents that happen mostly on roads with dense traffic conditions. These incidents are also very common during late night or dawn travel when road visibility is too low and you may not clearly see other vehicles approaching.

Just like the pile-up that occurred last August 23 involving a tractor-trailer and six other vehicles. The road accident that happened twenty minutes past midnight in Sta. Ana I-5 Freeway caused seven people injured.

Although the chain accident did not result to fatalities, this should be a wake up call to every motorist to be aware and to follow the necessary steps in at least avoiding fatal crashes. Drivers should abide by the traffic rule and regulations. They should be prudent enough not to cause damages to other people and their families.

Pile-up accidents like this may also be prevented if the authorities are completely effective in implementing the road rules. They should also make sure that all our roadways are well lighted especially at night and do their best to put appropriate warning devices particularly in areas where accidents frequently happen.

Finally, for the victims and their families, you must uphold your rights and pursue the necessary charges against the party liable for your sufferings. Doing this will give you a chance of obtaining justice and getting suitable recoveries. Appointing the aid of a personal injury lawyer can be a great help then.

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The Unsurprising Swimming Pool Accidents

It isn’t surprising to hear news about drowning accidents across California and in the US, this season.

Now, the threat common among children 1 to 4 years of age has added more venues of risk, that is, abandoned real properties or houses which have pool on it, in the suburbs and posh residential communities.

In the City of Rialto for instance, there are more than 800 abandoned or uninhabited properties. As of date, authorities have received about 155 calls for abandoned pools. Safety measures and information drive campaign are on their way to prevent future accidents and increase awareness of the danger that these abandoned swimming pools might create.

Even without this new threat, swimming pool accidents are bad enough. Drowning-related deaths in children has risen a staggering 89% percent only in the span of three months – from May to August of this year and cases after cases of swimming pool accidents are filed in court.

Pin pointing liability in swimming pool accidents in California is relatively harder than in Pennsylvania, Ohio and Utah, among others. This is primarily due to the fact that California, in effect, unsubscribe to the doctrine of attractive nuisance.

This is a doctrine in tort law which holds property owners and operators liable to children who drown or figured in near-drowning or any related accidents in pools that they own or operate – even if such children were trespassers to the property.

In lieu of the attractive nuisance doctrine, California replaced it with certain property condition standards and hold property owners or operators liable only by applying rules of foreseeable danger. Consequently, some may say that it is quite harder to prove swimming pool accidents liability in California than in other states.

But not quite, it is indicia of negligence if the pool is unguarded or does not contain necessary barriers, natural or artificial to prevent children from having easy access on the pool – once negligence is determined, liability follows.

On one hand, product liability can exist against the manufacturer for defective conditions of pool, or particular features of it, if such were the cause of the accident. It follows the principle of strict liability and it is without regard whether there was negligence on the part of the manufacturer or none – once the product was determined to be defective and caused the accident, liability follows.

Lastly, under premise liability, it would suffice to prove that the property owner was negligent in not keeping the property in a safe condition and that the accident took place therein. In sum, we can still prove liability in swimming pool accidents in California using the principles of negligence, product liability and premise liability.

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Motorcycle Accident Kills L.A. Fire Captain

The CBS News reported a motorcycle accident that claimed the life of Los Angeles County fire captain John Ellis. He was fatally injured when his motorcycle collided with a pick up truck at 70th Street West and Avenue I in Lancaster at about 9pm, Saturday.

Report said that the 42-year old driver of the Chevrolet pickup apparently pulled into the intersection in the path of the motorcycle, which then stuck the pickup.

The driver of the pick up either may have not seen the motorcycle or he may have been negligent.

Capt. John Ellis of the Los Angeles County Fire Department, a Quartz Hill resident was taken to Antelope Valley Hospital where he was declared dead.

It was a rather unfortunate accident which resulted to untimely and wrongful death of Capt. Ellis. As illustrated by this case, more than 80% of motorcycle accident was said to have been not due to fault of motorcyclist.

Accident of this sort happens because drivers in sedans and other four-wheeled cars tend to undermine motorcycles. They sometimes forget or totally ignore the proper road provision due these motorcycles. Other factors may include defective conditions of roads, poorly lit, dangerous curves, intersections, mechanical problems, etc.

But whatever may be the actual cause, it is evident that we can pin point the blame to the other driver in this motorcycle accident.

Condolences to the family of the Capt. John Ellis and may they not forget that the law is in their side.

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Drowning accident in Huron California: A Clear Case of Negligence

A recent drowning accident claimed the life of a 10-year old girl while swimming in a pool in Huron, California. Report says that incoming sixth grader Janet Ramirez was with group of children from the Keenan Recreation Center who went for a swim.

The child’s parents say she didn’t know how to swim but they permitted her to go anyway because they found out that Janet is going under the care of one of the center’s staff. The child and her group went to the Chestnut Park Pool.

The pool is manned by four lifeguards in duty.

What is absurd is that the accident occurred without someone knowing how it exactly happened. Some says another child threw the child in the water. If this were true, the lifeguards on duty would have known from the commotion that a child is drowning.

But the lifeguards were unaware of the drowning accident until children began pointing at the bottom of the pool. It was only then when they saw the child lying submerged in the water that they realized somebody was drowned.

In accidents such as this, we may point the blame to the child’s parents for letting the child into a swimming spree without them. But that would only add absurdity to this already absurd incident.

It should be noted that the parents allowed Janet only because they were in a belief that their child is accompanied by responsible adults.

It is clear in this case that the pool management, through their life guards, four at that, failed to exercise prudence to insure the safety of their guests/customers.

One can only surmise how in the world a ten-year old girl drowns under the nose of four lifeguards – if they haven’t been negligent.

Negligence is a sin under the law, especially if it results to a drowning accident such as this.

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Finding Responsible Parties in a Bus Accident

Victims of bus accidents may find it difficult to pursue their claims on their own. Accident laws are often complicated and pursuing claims would require the skills and experience of someone who is familiar with it, more preferably lawyers.

Because accidents of this nature often involve several people – mostly injured passengers and other motorists - obtaining a claim from the responsible parties is more complicated than usual.

According to the article, “Bus Accidents Complicate Your Life”, posted on July 27, 2008, bus accidents may happen due to several factors such as driver’s negligence, road and weather conditions, among others. Finding fault in a bus accident is another thing.

Parties responsible for one’s injuries in a bus accident may include the following:

• Bus Maintenance Companies - for negligent maintenance that causes a bus crash or accident

• State or Local Governments - the cause of the accident was negligence of the driver or of a city worker performing his employment duties.

• Government entities may also be responsible for dangerous road conditions that cause the bus to crash.

• School Districts and School Boards - The school board may be liable to any children involved in a school bus accident or crash that could have been prevented through the creation and enforcement of reasonable safety guidelines.

• Affiliated Cruise Lines and Tour Operators - Owners and drivers of these buses can be held liable for bus driver negligence in a bus accident. When a bus trip is part of a package offered by a tour service, the service itself may be liable for damages to passengers when a bus crash occurs in an affiliated tour bus.

• Bus Driver

• The Bus Company - The bus company's actions in hiring unqualified drivers, maintenance people and other personnel, or in negligently training or supervising them may also contribute to the cause of a bus accident.

• Drivers of Other Vehicles and their employers - Owners and drivers of other cars, trucks and other vehicles may be held responsible for bus accident injuries caused by negligent or reckless driving. A driver's employer may also be held liable for a bus accident if the driver was operating the bus while performing work duties.

• Manufacturers of the Bus and/or its Parts - A bus manufacturer can be held responsible for defective bus parts that may have caused the bus accident could be liable for the injuries to the bus passengers.

After you have been injured in a bus accident, finding an attorney who will help you find all potential responsible parties is crucial.

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A Nasty End to a Simple Violation

Car crash is not a novel story to witness or hear about. It is a constant news flash on television and radio.

Car crash happens because of several factors such as driver’s distraction, fatigue, weather condition, speeding, mechanical defects, etc.

However, in the news posted on July 29, 2008, an accident happened due to a police chase leading to a crash.

According to the reports, the chase began after a simple traffic violation in Ventura County. A pursuit transpired leading the police officers to the Interstate 405. During the course of the hot pursuit, the suspect’s car collided with another vehicle but did not bother to stop until the police officers were led to a drug store where he was apprehended.

What started to be a simple misdemeanor ended in a complicated felony. Should the driver had stopped, the arrest ended there.

The report failed to state what traffic violation did the driver made but to my mind, the apprehended driver was not just into a simple violation. He could have done something graver to have the same reaction as he did.

Well, I can only speculate. But human experience tells us that such reaction could have been triggered by a graver felony. A simple violation could have not ignited to such pursuit then to a crash. Maybe the driver was seen to have other violations like drug use or use of a carnapped vehicle.

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What went wrong in a bus accident?

Accidents are inevitable more on the road. Regardless of vehicle size, strict rule implementation or sufficient road signs accidents are bound to happen.

This is manifested by the accident involving a bus on Highway 101 near Asti, California in Sonoma County that injured nine students.

This incident had been the subject of a blog, “Nine Injured in Sonoma County Bus Accident”.

According to the reports, the bus accident was due to the bus swerving off the road. The investigators discounted the fact of intoxication or drug use.

The bus driver has undergone extensive training in driving such that he was required to complete at least 20 hours of classroom and driving lessons. A background check was also made before he was given a school bus driver’s license, renewable for 5 years. Moreover, a refresher course has to be taken every 10 years.

With these bits of information, the author of said blog considered the fact that the accident might have been due to fatigue.

Well, I cannot help but agree. If the condition of the bus was I in an A-1 condition and the driver is skilled, then what could be the reason?

The reason must be so grave that would make an experience and skilled driver to fumble.

Fatigue or stress can really affect a person’s disposition. There are things that while the body is willing, the mind could not do.

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Who Should be Blamed When you are Bitten by a Dog?

There is an all-time saying that “Dogs are men’s best friends.” And they truly are great pets. They are loyal to their master; they are playful; and they will never leave your side.

For me, a dog-lover, dogs are easy to predict. I can tell their mood by their tails and their actions. When they are wagging their tails, it means they are happy and they want to play with you. If their tails are erect and they are leaning forward, they are angry and alert. Finally, if their tails are curled up and they are stooping, it means they are scared.

But for some people, dogs are dangerous and should be kept captive. Being bitten by a dog is no joke. You can be hospitalized for several days due to broken bones, abrasions and punctures. Being bitten by a dog with rabies can even kill someone.

Dog bite is one of the most common issues in personal injury lawsuits. Victims of this accident usually sue the owner of the canine for the damages they incurred like medical bills and attorney’s fees. Dog owners get sued because they have been negligent in taking care of their pets. If they have performed the necessary caution of hiding or restraining their pets, accidents like this can be prevented.

However, there are times when the awarded damages given to the victims are lessened by the court because of their “contributory negligence.” Sometimes, victims are also responsible for the accident when they have not performed that decree of care and caution that an ordinary man is expected to perform.

In both cases, the parties have the burden of proving the negligence of the other party by presenting sufficient testimonial and documentary evidence in their favor. It is then the right of the other party to challenge and rebut this evidence.

In determining who is to be blamed for the accident and the amount of damages to be claimed, the owner and the victim must first consult with a lawyer who handles Personal Injury cases, more particularly those of Dog Bite Accidents.

By speaking to a lawyer before taking any legal action, the victim or the pet owner would find out whether they will pursue their case or not.

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Guaranteed Right of victims in Train Accidents

In 2005, many are shaken of the deadly incident that happened in the Los Angeles-Glendale border, where a Metrolink train, which was heading south to Union Station, derailed after plowing into Juan Manuel Alvarez’ jeep which then crashed into a northbound Metrolink train.

The Metrolink derailment killed 11 people and injured more than 180 others. Eventually, the suspect who caused the derailment, Juan Manuel Alvarez, was charged with constitutive offenses arising from the incident.

The latest report by the abc7 local entitled, “Jurors view Metrolink rail cars in trial” relayed the suspect’s conviction, which the Juror ordered and found him guilty of first-degree murder and a count of arson along with the special circumstance of multiple murders.

The Jurors however, are left with the sole issue to decide, that is, whether Alvarez, now 29, should be sentenced to death or life in prison without the possibility of parole.

With these, I would not wish to discuss or dwell on this issue, as it can be better left for the jury to decide. We set aside the juror’s dilemma and focused on the injury implications of the incident in relation to the pursuit for compensation and damages.

Many of us ride trains, whether in going into our offices, schools and respective engagements and conversely, from there to our homes and nests. This has become a part of the daily routine of most Americans.

However, the sad parts, just like what happened in the case cited, train are not free from accident involvement. This is a concern for us, both pressing and damaging, as we can be potentially involved in train accidents, unpredictably.

One must know that whenever you can get involved in train accidents, you have the constitutive right to claim compensation and damages against the erring person or persons who caused the mishaps. This is a guaranteed right under the law that needs to be taken and coursed by any victims in order to be compensated for their injury.

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Two to function

Not very recently, there was this odd but rather interesting case about a woman who suffered injury on her breast implants.

It appeared that the woman figured in a car accident, her breasts were the hard hit so they were damaged. Upon her claim before an Industrial Commission, replacements of both implants were approved.

Upon appeal, the appellate court agreed with the commission saying that the implants are covered by the worker’s compensation claim because the implants are a “prosthetic device that functions as part of the body.”

However, the court ruled that one – only one of the implants – is covered by the compensation as only one was damaged by the accident. The other one was found out to have been damage by a rippling because it was under-filled.

One dissenting judge stressed out that both implants are needed to make sure that they were “symmetrical and evenly matched.”

Apparently, two of the other judges did not have the aesthetic sense the lone dissenting judge has.

The case was returned to the commission for final resolution – to whether or not allow the coverage of both breasts implants under worker’s compensation, presumably for aesthetic consideration.

However, that is another story for another time.

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Negligence and Reckless Driving Kills

The world population is expanding everyday. Due to this, the number of persons using automobiles is also increasing. Everyday the streets are congested with numbers of different kinds of automobiles. That is why almost every second, there is somebody injured or at worst die from an automobile accident.

Automobile accident is said to be one of the leading cause of death today. There is an approximate of tens of thousands of people are involve in automobile accident per month.

Automobile accident usually is caused by,

• Driving while drunk
• Defective road condition
• Bad weather
• Bad driving skills
• Over speeding
• Vehicle design and maintenance

However, not all automobile accidents results mainly from the above-mentioned factors. Others results from simple negligence coupled with reckless driving that results to collision.

In a news entitled “Automobile Accident Kills Teenager in Rockingham” posted on March 3, 2008 relay a motor vehicle collision that killed an 18 year old boy.

According to the report, the victim was driving his 1996 Ford Escort when struck while he and his two companions were attempting to push his stalled vehicle off the runway. His two passengers were immediately brought to First Health Richmond Memorial Hospital for evaluation and were subsequently released.

The authorities identified the offender, a 54-year-old man and a resident of Richmond. He was driving a 1996 Mercury Marquis at the time of the incident.

The authorities relate that the offender was driving beyond the speed limit when the incident took place. He was immediately arrested. In addition, he was charge with second-degree murder, careless and reckless driving, failing to reduce speed and driving while impaired as a result of a collision.

As I observed one of the common factor that results to this type of personal injury case is simple negligence of the offender coupled with over speeding. Many drivers just do not know how to share the road with others. They just think of getting to their place of destination the fastest way possible no matter what it cost.

If we only know how to be, considerate to others this type of incident could have been avoided.

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Alcohol and Over speeding – A Lethal Mix

Car Accident is one of the leading cause of death nowadays. Statistics show that at least four people involved in a car accident die every hour. In Los Angeles alone, there is an approximate of a thousand fatalities in its roadways.

News posted on June 13, 2008 entitled “Speeding, alcohol suspected in Crash” relates a Solana Beach big – wave surfer who was hospitalized after a car accident that also killed his passengers.

As reported by the Sheriffs who handled the case, the surfer was driving a Dillahunty’s Toyota Avalon in excess of 65 mph in a 25 mph zone when he lost control of the car in a residential area.

Authorities later found out that alcohol was a factor in the crash because the driver was reeking of alcohol when they pulled him out. Once completed, the blood test results will confirm what the police had long surmised as the cause of the accident.

With the considerable number of cases that I read, alcohol and over speeding are some of the common causes of car accidents. People in the entertainment business, who live glitzy lifestyles are often involved in similar incidents in the past with popular names such as Paris Hilton, Nicole Richie – to name a few.

There are specific provisions under California laws, which penalize driving while under the influence of alcohol (DUI) and most of these provide higher penalties than other violations.

Then why is it that DUI-related accidents continue? Is there a problem with the law?

I think none. Perhaps, the problem lies in the implementation of the law. As I observed in some states, they relax the application of the law for a select few but for certain considerations. Otherwise, the problem lies in the observance and obedience to these laws.

Car accidents not only endanger the life of the person on the wheels but especially pedestrians who are often at risk and could end up as unwilling victims.

Therefore, there is a need for authorities to implement the law seriously for everybody’s safety.

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Steps to consider in your claim for Medical Malpractice

According to recent studies, medical malpractice is considered as the fifth caused of death in the United States. Therefore, we have to do something about it. It is necessary that you should know what to do when involved in such kind of issue.

The following guidelines will help you, when faced by a medical malpractice issue;

• Be aware of your states statutes of limitation.
  
  It is important to note that once you or any member of your family has suffered an injury due to medical malpractice you can file an action or a medical malpractice claim in court against the party at-fault.
  
  At the onset, you need to know your states law on statute of limitation. The law on statute of limitation will determine the period when you can file your claim for medical malpractice.
  
  Some states allow victims at least one year from the date of injury or the date personal injury was discovered to file a lawsuit – other allow two to three years.
  
  The law on statute of limitations varies from state to state, therefore you need to consult the service of a personal injury lawyer the soonest time possible.
  
  Otherwise, your rights to enforce such claim will be barred, meaning you cannot file an action regarding the same subject matter in court.


• Get a copy of your medical record.
  
  You should get a copy of your medical records. This will serve as one of your evidence to be presented in order to substantiate your claim against the party at-fault.
  
  One of the causes why a claim of the victim is not fully satisfied is that they fail to present evidence like medical records that would prove in court the degree of injury they have suffered.


• Consult a personal injury attorney.
  
  Time is of the essence in a claim for medical malpractice. That is why it is necessary to consult a personal injury attorney immediately. Only an attorney expert in the field of medical malpractice can help you establish your claim against the party at – fault.

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Best Choice in Bus Accidents

Due to the ever increasing congestion in the streets and highways of California, commuters are using rapid transit and public transportation more and more each year. Consequently, the number of injuries and deaths resulting from bus accidents is also on the rise.

A manifestation of this occurrence is a recent bus accident that had happened at Yosemite National Park. No one was killed but several passengers were injured.

Learning that passengers only sustained minor injuries and no one died should not be a reason to rejoice. The fact that some people got hurt should already be a sufficient cause to be alarmed about.

Victims of bus accidents just like other vehicular accidents have the right to sue for the injuries sustained. For better results, claims may be channeled through bus accident law firms, which obviously cater to this kind of incident.

As a part of a law firm myself, I know that claims are better handled by law firms. Clients are assured that ample and proper attention is given to their cases.

One time, I had a scheduled hearing but due to home emergencies I let my firm mates filled in for me. This may not be possible if the case is handled by just a single person. As he/she cannot be at different places at the same time, chances are the schedule of the hearing would be reset or worse the case would be dismissed. This would mean a major set back to the case.

At the end of the day, what we what is the best for us. I tell you engaging the services of a law firm is the best choice for you.

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Personal Injury Law implications

Personal injury law is a broad legal concept that has complex areas of coverage. As generally understood, personal injury law covers cases of accidents whether from car, truck, motorcycle or train accidents, slip and falls, premise liability, animal attack, construction liability and other injury that may result from consuming a product and exposure to toxic chemicals.

Personal injury law has a great implication to us humans.

At any point in our lives and considering the varied activity that we engaged in, we can be potentially involved in injury situations. While driving a car and traversing the road, or while walking in the park, while shopping, and while working, it is not marvel that accidents and injuries are an inevitable part of life.

Take some of the personal injury real cases I collected:

“One dead after 3-vehicle accident on Loop 820” that happened June 11, 2008 in Dallas, where a three-vehicle accident on southbound Loop 820 near White Settlement that has left one person dead.

“Victim of hit-and-run to rely on ventilator to breathe”, that happened last May 30, 2008 in Hartford Connecticut, where the victim, Torres suffered paralysis from the neck down when he was struck by one of two cars that crossed the center line.

All these were real factual situations that can potentially hit anyone of us despite proper provisions of safety are waged. These events can have been avoided if others had not acted carelessly.

When you or any of your loved one was involved or was a victim or was injured due to carelessness and recklessness of another, you can wage a compensation claims against the negligent actor. If you decide to take steps toward protecting your legal rights after an accident or injury, you can confer with a qualified Personal Injury Attorney in your area to help you build a successful claim.

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The Importance of Los Angeles Slip and Fall Lawyers

Slip and fall injuries is a legal concept covered by personal injuries and premise liability. It is important that we understand the two concepts in order to know if it is possible to determine liability.

Personal injury results from the negligence of another individual. Again, this may cover a lot of ground from auto accidents, animal attacks, or defective products. When filing a personal injury claim, the plaintiff must be able to prove that there is negligence on the part of the defendant.

Premise liability, on the other hand, occurs when an injury takes place as a result of an unsafe condition from another person’s property. If a person slips and falls in a wet spot found in their neighbor’s backyard, they can be held liable for whatever injuries that will be sustained.

Slip and fall is the second leading cause of injuries in the United States which accounts for 16,000 deaths annually. A person who sustains an injury due to a slip and fall accident has the legal right to sue the defendant and claim compensation in the process.

Getting the right Los Angeles slip and fall lawyers may be crucial in obtaining just compensation for your injuries. They have the experience in determining if there is liability in a case. Most of them accept cases on a contingency basis which means that they would not collect any fees until a verdict has been reached.

Of course, you can file a slip and fall injury claim yourself. However, getting legal help will boost your chances of winning the case.

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“Completion and Acceptance” Doctrine Nullified

In common law, there is a principle known as “completion and acceptance” doctrine. Under this principle, a design professional or contractor will not be held liable for defective work or faulty design once the project is turned over to a third party.

This was the argument that governed the decision of the Washington State Supreme Court to reverse the decision of the King County Superior Court’s decision to dismiss the wrongful death and negligence claim of Alan Davis, a Du Pont worker who was buried in several layers of pipes after inspecting a leak. He was instantly killed in the incident.

The decision of the Washington State Supreme Court to overturn the previous ruling is commendable. First, good customer service requires responsibility. Turning over haphazard work or defective products is a sign of irresponsibility and should not be tolerated.

The argument of Baugh Industrial Contractors, Inc. that they are covered by the “completion and acceptance” rule is s simple scapegoat to their obvious negligence and irresponsibility. The situation is a clear indication of general negligence.

By favoring Restatement of Torts Sec. 385 and joining 37 other states in abandoning this “inhumane” principle, the family of Alan Davis would be entitled to receive damages from the accident.

Tolerating negligence is not good for the legal system. It will only teach our contractors and product manufacturers to be irresponsible and use the “completion and acceptance” doctrine to get away from any liability. Davis was wrongfully killed while performing his duty so it is just right to give his heir the compensation that they truly deserve.

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Wrongful Death Claims: Compensation For The Surviving Family

Can you imagine the anguish and the pain of the family of an individual who was wrongfully killed in a traffic altercation? The pain would be great especially if the victim is the breadwinner of the family.

Sadly, this is the harsh reality that wrongful death claimants would have to accept. This kind of claim is extraordinary in a sense that it is the surviving relatives of the victim In a normal lawsuit, the injured person is the one who files the claim with the help of their attorney. Of course, in a wrongful death, it is impossible for the victim to sue the defendant for damages. However, the family of the deceased is not entitled to receive damages instead what they are entitled to is some form of compensation.

A wrongful death claim has four aspects namely:

1. the death was due to the action of the defendant,
2. there was negligence on the part of the defendant, which led to the death of the victim,
3. there is a surviving spouse, children, and other beneficiaries, and
4. monetary damages have resulted from the victim’s death.

The case of the young schoolboy who died because of a trash compactor system is just one of the many incidents of wrongful death. We are all responsible for our actions. If our behavior leads to the demise of another individual, then we could be held liable for whatever happens.

This is a valuable lesson in life that we must learn so that it would not happen to us.

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Damages Irrecoverable in Brain Injury Claims

Brain injury, whether caused by the natural bodily functions or accidents, steals freedom from all it touches.

Incapacitating injury like this will cause you your life. In fact, it is better not to have lived at all than to be succumbed in this kind of injury. Do you know why? It is because after the pain has subsided your life will never be the same again. It is as if you are starting from scratch.

To give you a glimpse, and try to imagine, of what it likes and how it feels, here are some common effects of brain injury:

1. Memory problems
2. Poor concentration
3. Slowed responses
4. Lack of initiative or flexibility
5. Poor planning and problem-solving

Hard to imagine but it can happen to you. Your once active and promising life may just be far from your grasp in a second. That is why those who have caused it must be held liable. They must pay!

I must stress that no amount of money can ever bring back your life in its proper perspective. What I am trying to say is that, at least, the monetary compensation due you may be used for your daily sustenance or for starting over your life.

The amount of damages from brain injury claims are the least of the victim’s concern. The feeling of continual struggle to try to cope with the day-to-day complexities of the world cannot be alleviated by it.

How frustrating can it get when you can do things physically but your mind tells you otherwise!

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Partial Workers’ Compensation Benefits for Partial Injury

Workers’ compensation is designed to award financial recovery for workers who get injured or harmed from their jobs. This is based on the principle of strict liability; therefore, an employer is obliged to pay for the damages his/her employee has sustained. He/she will be held legally responsible no matter of who was at fault.

But what if an on-the-job accident caused damages to a plastic surgery, such as breast implants? This was the case – and predicament – of a worker who was injured on a work-related car accident. Read more about this on “Asymmetry in Workers Comp” .

Her workers compensation claim was not entirely successful. Full compensation for her damaged breast implants was not awarded to her because her insurer contested that only one implant was damaged from the accident. The insurance company declined to pay for the replacement of her breast implants.

In accordance with the workers’ compensation rules which state that the injuries should be a result of an accident on the workplace, the court denied her claim on being fully-compensated for her breast surgery since the damage on the other half was from another cause.

Workers’ compensation benefits are defined by statutes. Hence, there are guidelines to follow in assessing a claim. As with the case of the worker discussed above, I agree that the insurers should not be responsible in covering for the entire costs of her breast surgery since there was only partial injury that was caused by her work-related car accident.

Workers’ compensation benefits in California are administered by the employers’ insurance companies or the employers themselves, who can afford workers’ compensation to their employees, and not by a government agency.

Thus, it is also their duty to determine whether the injury was sustained from the work or not. Prior to accepting a claim or providing provisional liability compensation, insurers require certain facts. An investigation shall be conducted on the claim. The worker, employer and the treating doctor will be asked to give their statements.

Disputes may arise out of a contention on whether the injury was indeed caused on-the-job or not; or an argument on the payment the worker is entitled to. When a dispute arises out of a worker’s compensation claim in California, the Division of Worker’s Compensation (DWC) comes in to help resolve the dispute.

On the other hand, a legal advocate may also assist individuals in earning their workers’ compensation claims. If a conflict regarding a claim arises, a lawyer may help prove the extent of damage the worker is entitled to.

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Wrongful Death Claim in a Mysterious Death

Different speculations regarding the mysterious death of a New Jersey college student continue to grow as the family of the victim has filed wrongful death lawsuit against the school, the state and the operator of the school’s trash compactor.

The article, “Family of Student File Wrongful Death Lawsuit against College”, posted in March 6, 2008, reports about the disappearance of the 19-year old college student whose remains were later found in a landfill almost a month later. The young student was believed to have been killed in an accident caused by the trash compactor system.

According to the article, the victim’s parents later sued the college for its alleged failure to protect their son. To make things worse, the complaint also said that the school administration delayed the investigation into the disappearance and refuse assistance from state authorities.

Until now, authorities are still baffled at the circumstances surrounding the young man’s death. They are still trying to figure out how the victim died and ended up in the landfill.

But judging on the situation, the parents held the school responsible for their son’s death, as under the premise liability the school is highly accountable for the safety of a student who is within their care and protection during the period of schooling. The boy was last seen alive sleeping in the dorm’s room, a few days before the accident.

In regard to the liability of the state and the operator of the trash compactor system, authorities may look into possible negligence and improper maintenance of the machine as possible causes of the accident that led to the victim’s death.

If proven right, the relatives of the victim are entitled to recover damages based on their wrongful death claims.

Wrongful death laws recognize that certain people or victim’s relatives suffer their own economic and non-economic losses due to the wrongful death of persons close to them. Hence juries may award them compensation based on these losses.

As economic losses, they entitled to receive the following:

• the financial support that the wrongful death victim would have contributed to the heir during either the life expectancy of the victim or the heir, whichever is shorter
• the loss of benefits that the heir would have expected to receive from the victims
• the reasonable value of the household services that the wrongful death victim would have provided to the heir
• funeral and burial expenses

Non-economic losses include:

• the loss of the victim's love, companionship, comfort, care, assistance, protection, affection, and society
• the loss of the training and guidance of the victim, if applicable
• the loss of the enjoyment of sexual relations, if applicable

No matter what happens to this case, may this accident serve as a lesson so that it may not happen again in the future.

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The Impact of Worker’s Compensation Claims on Small Businesses

Workers are the most important member of the labor force. Without them, capital would be futile. Thus, it is but proper to give them the proper and maximum benefits for their sustenance and well being.

Workers' compensation is a compulsory type of business insurance that gives employees who become injured or ill while on the job with medical coverage and income replacement. It also protects companies from suits filed by employees for the workplace conditions which results to such injury or illness.

Given the compulsory nature of workers' compensation coverage and the potential cost involved, workers' compensation insurance policies have become a huge concern for small business owners. In fact, premiums paid on workers' compensation stand as second largest operating expense for most companies.

Unlike in health insurance costs, small business owners have minimal control over the cost of workers' compensation coverage. Moreover, in this kind of coverage, co-payments do not apply as the state legislatures set the level of benefits and employers pay the full cost.

Does it mean then that small businesses shall have a different method of paying worker’s compensation claims?

Of course not!

I believe that the legislators, in enacting workers compensation laws, do not distinguish between small and big businesses. These laws must be implemented in order to give workers the protection in case of injury or illness which may leave them unable to render service.

I have some suggestions on how small business may lessen their workers' compensation premiums. These may include:

• Selecting the right insurer
• Monitoring all aspects of work safety record and insurance coverage and ensuring that all subcontractors carry workers' comp coverage
• Adopting policies and programs to reduce exposure to workers' comp claims such as ergonomic training

Following the above, owners of small business can still keep up with their responsibility of providing compensation claims without compromising the well-being of their workers.

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Alternative Avenue in claiming worker’s compensation benefits

With a few exemptions, every state in the United States requires the employers to have or purchase workers’ compensation insurance.

Workers' Compensation laws are designed to ensure that employees who are injured or become ill or been disabled on the job are provided with monetary benefits, like payment for lost wages and payment of medical bills. This was a move to al least eliminate the need for litigation.

Through worker’s compensation insurance, the injured worker may file his or her claim directly with the insurance company, the latter being obligated to pay the medical and disability benefits as per their assumption of liability under the insurance policy.

Irrespective of the degree of the injury, whether it is minor or a major one, you must take the initiative to properly put it on record so that your claim would not become inutile.

The possibility of an injury to develop some complications is high, that is why a need to report the same is primordial.

There are varying stages or steps in filing a claim for worker’s compensation benefits. The stages are relative from different states.

There are different applications or pattern that insurance companies used in extending the benefits, but always in consideration to a state-approved formula.

When injury, illness mishaps have happened and a claim for worker’s compensation is at hand, the employee concerned should seek medical attention right away. Having attestation of the medical attendant is crucial in your claim for compensation.

The injured employee is required to give an official notice to its employer, which is usually coursed through the Human Resource department or direct supervisor.

The employer should be able to supply the required form in filing a claim with the insurance company.

After having trailed the aforesaid medical treatment and notification process, the employee may then file a claim with the Workers' Compensation office.

The whole process for a claim is complex and taxing.

On different score, aside from claiming benefits through the worker’s compensation method, the injured employee may bypass the latter method and instead claim directly with the employer.

In case the employer denies or dispute your claim, s proper suit may be filed in court. In the latter instance, full amount of damages may be recovered as well as other remuneration or form of compensation may be recovered.

Interestingly, choosing either method of claiming benefits is permissive. The need for good representation of a Lawyer may be had along the process.

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High speed driving, a negligent act

High speed driving is a common thing as many people think.

Many scrupulous drivers have ruled our major thoroughfares driving recklessly having no concern with his surroundings.

Many accidents were caused by venturing into high speed driving.

In our quest to reduce vehicle accident by car collisions or crashes, we have intensified our law enforcement against exceeding arbitrary speed limits.

We also have lighted the dim-portion of our streets and highways, improve signage, traffic officers visibility and impose various precautionary measures that would diminished or at least help minimize road accidents.

Despite our conscious effort to decrease the rate of accidents, car crashing and collisions would still happen with regularity. This was due primarily because of high-speed driving.

High speed driving is rooted on the very fact of human nature. All people have a sense of adventure in themselves.

Most people crave for speed in almost all aspect of human experience.

People love to rush. This can be manifested in the following situations:

• sports and activities such as extreme games where athletes perform stunts on skateboards, bicycles, motorcycles at high speed level;
• down-hill skiing, and alike;
• Car/ motorcycle/ go-kart racing, rallying, surfing, sail boarding and alike.

Despite the perceived dangers of the aforementioned risks, most people do not give a thing on that respect.

No matter what we do to keep our streets become paradigms of safety, if the evils of high speed driving would not be taken out of our system, the problem would not be cured.

High speed driving on streets is a form of negligence intentional I should say.

Why negligence? Well, aside from the anticipated perils it could bring, it is beyond dispute that even how well your skills would be or how much amount of precautionary measures you apply the threat on accident it could bring is on high.

In the first place the manner and place where the reckless drivers have displayed their thing was inappropriate- considering that the main roads are built for the public use and safety.

These facts would lead us to conclude that venturing into high speed driving on Public Street is negligence, a reckless act.

The risk it brings to the innocent pedestrians, other responsible motorist and the public at large is what it makes it an act of negligence.

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Why Property Owners are sued of Premise Liability

Premise liability cases arise frequently due to property owners’ negligibility in keeping their premises safe. Most of the premise liability claims of victims are filed on the grounds of negligence or unintentional torts.

Negligence is practiced when a proprietor fails to exercise reasonable care on his premises. An owner’s inaction, especially when he/she is aware with the hazardous condition within his/her property, could be a strong foundation for a premise liability claim.

Landowners owe the highest duty to invitees or licensees. In any establishment or property, whether public or private, it is a common goal to maintain a reasonable safe environment for visitors or licensees. (A licensee is any person who enters the premises with permission from the landowner for his or her own purpose.)

The law requires all owners to comply with a certain degree of care to maintain their ownerships. It is in these owners’ interests to maintain safety and security within their premises and to warn any visitor of unknown dangerous conditions that could cause harm or injuries to them.

A statute or legislation may define the applicable standard of care in a specific situation, and a violation of the statute may constitute negligence per se. The following elements must be met in order for a statutory duty of care to be applied:

• The statute or regulation must clearly define the required standard of conduct
• The statute must be regulated with the intention of preventing the harm that the defendant have caused
• The plaintiff must belong to the class of persons the statute was designed to protect. (This excludes trespassers.)
• The violation must be the proximate cause of the injury or injuries.

Application and implementation of safety principles is of utmost importance to avoid being sued or charged of premise liability. The author of the article, “Premise Liability, An Author’s Perspective”, enumerates some common principles in the foundation of maintenance programs in establishments.

What owners need to know is that they could prevent accidents within their property if they conform to their duty and abide with safety procedures in maintaining their establishments harmless. Otherwise, they shall have to face legal consequences.

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