Friday, July 25, 2008

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.

Wednesday, July 16, 2008

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.

Friday, July 11, 2008

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.

Thursday, July 10, 2008

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.

Tuesday, July 1, 2008

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.