Thursday, October 29, 2009

School Modernization Caused Student to Suffer Crushed Finger

Children often consider schools as their second homes because they spend much of their time there, as well as being the place wherein they are molded to become better and wiser people. Due to the trust that was given by both children and parents to school authorities, the latter are required to make sure that they maintain a learning environment that is free from dangerous hazards.

A former Huntington Beach High School student did not receive this kind of protection and she was hurt in an accident caused by negligence. An amount of $37,000 was given as a settlement after a lawsuit was filed against the school district when a campus door crushed her left index finger.

Angeles Contractor gave a check to Alexina Karsh, 19, to settle a case that lasted for over one year.

The lawsuit that was filed against the school in June 2008 claimed that an open door in the campus was not properly secured and the wind caused it to shut on the victim’s finger. Her mother said that although the finger was not broken, it bled profusely and needed to be stitched.

Officials said that the door was included in the campus remodeling.

Furthermore, the district denied such allegations stating that the girl committed negligence or she was unable to properly use the doors, as stated in the court documents.

Educational institutions are required to provide students proper security against preventable harm. School officials should also make sure that all school facilities are safe to use by students. They can achieve their goal of building a safe learning environment by hiring competent people who will work on school properties.

Thursday, October 22, 2009

Mother Injured, Baby Narrowly Missed when Car Slams into Residential House

Negligent drivers are liable for the injuries and property damages that resulted from their actions. Other road users are not the only ones susceptible to such harm. Even people who are in their houses may suddenly suffer when a car accident happens.

This scenario may be clearly seen in an accident involving a car that crashed, overturned, and slid into a private house in Simi Valley.

The incident occurred in the 3300 block of Royal Avenue. A woman and her nine-week-old baby were in the living room when the vehicle suddenly entered the house, narrowly missing the baby.

Both were brought to Simi Valley Hospital for medical assessment. The mother suffered from a broken leg while the baby was reportedly taken back home by the father.

Authorities said neither alcohol nor drugs was a factor in the accident.

Although the driver will surely receive punishment for the harm his or her actions caused, the penalty will not be too grave because no one luckily died in the incident. This may teach other drivers the importance of driving cautiously especially when they are traveling along residential or school areas.

Tuesday, October 20, 2009

Rollover Accident triggers SigAlert

It has become common knowledge that SUV vehicles are more prone to rollovers compared to other vehicles in the occurrence of accidents. The vehicle’s design can make it susceptible to rollovers.

In fact, a black Lexus RX 330 SUV overturned due to an accident that recently happened on I-405 freeway at Beach Boulevard. Four lanes along the southbound area were blocked due to the incident.

SigAlert was issued when the accident happened but it was canceled later on.
Authorities said a Ford Expedition and Honda Odyssey van were also involved in the incident.

The person driving the Honda was brought to Fountain Valley hospital after he was cut out of the vehicle. Meanwhile, the driver of the Lexus was brought to Long Beach Memorial Hospital.

Although no one died in the accident, the seriousness of the issue concerning SUVs and rollovers should not be ignored. Injuries may be sustained or lives may be taken next time this vehicle overturns.

Car manufacturers may be held liable for injuries sustained in rollover accidents caused by manufacturing or design defects. To determine liability in accidents caused by defective vehicles or vehicle parts, a victim must consult with an experienced personal injury lawyer.

Monday, October 19, 2009

Prosecution Stresses Defendant’s Drug Use in Fatal Crash

Being accused of operating a vehicle while impaired by alcohol or drugs is a matter that should not be ignored. If the accusation was proven as true, serious punishments will await the defendant.

In a case that involves drug use as a cause of an accident, the prosecution will use testimonies from experts to prove that the defendant actually took such substance and he or was affected by it.

This is the goal of the prosecution team in fatal accident that occurred on Aug. 29, 2009. Deputy District Attorney Susan Price asked witnesses in a trial at Orange County Superior Court to state that the defendant, Jeffrey Woods, was impaired and under the influence of drugs when he struck Danny Oates.

Oates is a 14-year-old bicyclist who was struck by the defendant while he was on his way to get his school schedule.

Witnesses were called to testify that the defendant had traces of Vicodin and Xanax in his system after the accident.

A former forensic scientist with the police department said both drugs and text messaging would have made it hard for the defendant to maintain his speed, drive in his line, and react to different hazards.

However, defense attorney Scott Well has been continuously saying that his client had a seizure during the accident and had no control over his vehicle.

Wood pleaded not guilty to one felony count of driving under the influence and causing bodily injury and another felony count of vehicular manslaughter with gross negligence while intoxicated. He will be given a maximum sentence of 10 years in state jail if found guilty.

Complicated legal processes like this one may be easily avoided if only drivers would abide all traffic rules. Following these rules will help in saving lives and avoiding injuries.

Thursday, October 15, 2009

[Blog Action Day] Physical Injury Caused by the Adverse Effects of Climate Change

Climate change is a topic that is widely talked about because its effects can be felt by everyone. Natural disasters like earthquakes and typhoons are attributed as some of its known effects that already destroyed properties and taken the lives of people.

A 7.9 magnitude earthquake in Indonesia killed hundreds of people and damaged properties. According to United Nations Office for the Coordination of Humanitarian Affairs (OCHA) New York, with additional data from OCHA Indonesia, 809 deaths were already confirmed by the National Disaster Management Agency (BNPB).

The earthquake that happened in West Sumatra in September 30, 2009 also caused severe damage to over 133, 739 houses.

In the Philippines, the National Disaster Coordinating Council stated that typhoon Parma and Ketsana killed over 600 people. Aside from the fatalities that resulted from drowning in the water, many people were also killed due to landslide.

Landslide is a disaster involving the breakup and the downward flow of mud, rocks, water, and anything that is caught in its course.

The total number of people who were affected by both typhoons already reached 6.8 million. Typhoon Ketsana hit the country late in September while Parma was felt early in October 2009.

Who is to blame for these natural disasters?

Climate change may be caused by natural forces and human actions. Some of the natural forces that may be responsible for it include ocean currents, volcanoes, continental drift, and meteorites or comets.

On the other hand, human actions may increase the quantity of greenhouse gases. These gases are responsible for letting the rays of the sun enter the earth. However, it also prevents much of the heat from leaving.

If more greenhouse gases were released into the in the planet’s atmosphere, it can cause the greenhouse effect to become stronger. The earth’s climate may unnaturally change if more heat is trapped in the planet.

Two examples of human activities that can cause this to happen are cutting of trees and burning of fossil fuels.

It is up to the people if they want to prevent the different effects of climate change from happening. Simple actions can save millions of lives and properties.

Monday, October 12, 2009

Driver of Stalled Car Gets Out, Killed, Causes Chain Accident

Magdalena Wojciechowska, 25-year-old, was declared dead moments after she was brought to a hospital for treatments of her injuries she suffered when she was hit by a pick-up truck.

Wojciechowska reportedly got out of her Volvo when it suddenly stopped. The driver of the Toyota Tacoma tried to avoid the Volvo by changing lanes but hit Wojciechowska in the process.

Another vehicle, a Ford Escort, hit the rear of the Volvo which sent it to the right side of the lanes where it burst into flames. The fourth vehicle rear-ended the Escort.

Two other women drivers, along with Wojciechowska, were brought to a nearby hospital where Wojciechowska later died.

In cases of chain accidents, liability will be determined on the extent of the damages that a certain motorist caused. It is wise for Wojciechowska to have gotten off her vehicle but she should have stayed off the road or put warning devices on the back of her vehicle to warn other motorists of its stationary position.

Student Walking to School Injured by SUV

For most drivers, school zones are considered risky and accident-prone areas because of the presence of students and pedestrians. As expected, drivers should slow down or yield to pedestrians when approaching public places such as schools, hospitals and malls.

On the other hand, students should also be careful while they are walking. They should not endanger themselves by being in an area used by drivers.

A 12-year-old female student who was walking with her friend to school was struck by an SUV when she moved onto the street to avoid being wet from a sprinkler nearby.
According to the mother of the girl’s companion, Kathi Niehaus, both girls when on their way to Ladera Vista Junior High School at Wilshire and Annin avenues in Fullerton when one of them moved onto the street.

Afterwards, she was struck by a white Infiniti SUV.

The girl was not severely injured but was noticed having a splinted ankle. She was then brought to a hospital.

Although the girl made a mistake when she suddenly stepped onto the street, the SUV accident still might not have happened if the driver was more cautious.

Parents should constantly remind their children the importance of walking along a safe area. By doing his, children will learn how to take care of themselves even if they are unsupervised.

Thursday, October 8, 2009

Metrolink to Install Cameras on its Passenger Trains

Metrolink has announced its plans to install video cameras in all its commuter trains to reduce the occurrence of fatal train crashes.

Metrolink currently has the highest fatality rate compared to the other larger rail systems in the US.

The move comes after the now infamous Chatsworth train accident that killed 25 people after a Metrolink passenger train collided head-on with a Union Pacific freight train last September 12, 2008.

Investigations of the train accident show that the Metrolink engineer, Robert Sanchez has been text messaging only seconds before the crash.

Now, one year after the accident, Metrolink will have cameras on all 52 passenger trains pointing into each locomotive cab as well as outside facing forward to record activities in front of the train.

The union that represents train engineers opposes putting cameras in trains, and some safety experts doubt its effectiveness.

However, a lot of people see the potential of this move in decreasing man-made errors that causes accidents.

The union may claim invasion of privacy but under California law, it could only apply if the employee has an expectation of privacy.

Since the Metrolink authorities have provided notice of when and where the cameras will be placed, it may be argued that it already took away the expectation of privacy since they were already informed.

Although providing notice would take away the element of surprise, it would also deter the people being monitored from committing the conduct that is sought to be monitored.

Hopefully this move will greatly reduce Metrolink accidents by keeping their employees focused on their work.

For more information about related laws regarding video monitoring in the workplace, you should consult an employment law attorney for more details.

Wednesday, October 7, 2009

Drunk Teen Drivers: After the Crash

Milad Moulayi was 16-years old on the night his schoolmate Mackenzie Frazee died. Mackenzie wanted to go home from the party and Milad, who had the keys to his mother’s Mercedes-Benz, insisted on driving her home even after 10 shots of Sailor Jerry rum.

Despite several warnings from friends not to drive after drinking, Mackenzie got in the car with Milad. She was eager to get home because she did not have the permission to be at the party. But little did she know that getting in the car with the drunken teen was an even bigger mistake than sneaking out to a party.

Their car, which was going in excess of 100 mph down Newport Avenue crashed into a concrete light pole. The strength of the crash sliced the car in two and Mackenzie died from massive blunt force trauma.

Now 18, Milad was recently sentenced by Superior Court Judge Carla Singer to the maximum term of 15 years to life after he was convicted of second-degree murder for the death of Mackenzie. The judge told Milad that he committed a "brutal and violent crime, knowing and understanding that you were not supposed to drive."

Most recently, in Laguna Niguel, a 15-year old boy killed an active US soldier when the car he was driving at a speed of more than 100 mph hit a curb and rolled over down a hillside.

25-year old Nicholas Clayton, an active member of the U.S. Army, was the passenger of the teenager who was driving drunk and without a valid license. He was ejected from the rolling Lexus and his body was found near the intersection of Camino del Avion and Niguel Road.

The accident is still under investigation due to conflicting statements made by the driver. The recent blood tests show that despite the teen’s allegations that he was drunk, his system had little or no alcohol.

The minor has been booked for vehicular manslaughter.

If drinking and driving don’t mix, adding teenagers to the combination certainly spells disaster in all caps.

A lot of kids think they can get away with driving without a license, drinking and driving, speeding, and other dangerous driver behavior simply because they’re too young to go to jail. In short, they think they can get away with anything.

But that is not always the case. When the crime is grave enough, they can’t escape the consequences of their actions and would be tried as an adult under the eyes of the law they sought to circumvent.

They may have survived the accident but when faced with criminal charges, there might not be a lot left of their lives after the crash.

Friday, October 2, 2009

Guilty Plea for Drunk Driving

Roger Avary may have written great screenplays but certainly what happened in a Ventura County courthouse was not among his masterpiece.

Avary who previously pleaded not guilty to gross vehicular manslaughter and other charges changed his plea to guilty on all counts. Consequently, he received five year probation in addition to 365 days in jail.

The sentence was brought about by Avary’s crashing his Mercedes Sedan into a telephone pole while intoxicated. The collision killed passenger Andreas Zini and injured his wife Gretchen.

Zini’s parents and widow attended the sentencing. The court was informed that Avary had already settled the civil aspect of the case for $4.1 million.

Alcohol impaired drivers could be attributed to almost 14,000 deaths annually or 32 percent of all traffic-related deaths United States.

Authorities already implemented measures to reduce alcohol-related accidents. These measures include:

• Enforcement of 0.08% BAC laws, drinking age laws and zero tolerance for drivers below 21 years old
• Revocation of driver’s license
• Putting up sobriety checkpoints
• Mandatory substance assessment and treatment for DUI drivers
• Implementing multi-faceted community-based approaches

The above measures would be futile if they are not aggressively implemented and observed.

For victims of car accidents, a personal injury lawyer may be employed to pursue compensation claims against the negligent driver.

Panicky Diver Drowns

Water recreational activities like diving is fun but it can also be deadly considering the risks involved when the person’s body is underwater.

Equipments like tank and weight belt are used to protect divers. However, improper use of these equipment could result in injuries or death.

A situation wherein diving equipment contributed to a man’s death may be seen in the case of Daniel Forchione, a University of Arizona Police Department officer who drowned because he panicked on the water’s surface.

The diver was on vacation with his family along Sunset Cliffs in San Diego. when the drowning accident occurred.

Rich Silanpa, president of Dive Connections in Mission Bay told investigators that Forchione and his two diving companions were on their way back to their chartered boat after doing their second dive when he became separated from them,

According to Silanpa,Forchione removed his tank while he was still wearing his weight belt. The diver may have panicked because of it.

People should always remember that panicking will only make the situation worse. Being calm and thinking rationally may save people when they are in a dangerous situation.

Doting Mother Killed By Reckless Teen

A recent car accident involving a teen driver who slammed onto a vehicle minutes after a hit-and-run has killed a single mother in San Diego Sunday morning.

Pamela Sue Marabeas, 53, was reportedly on her way to work when her vehicle was hit on an intersection by a reckless 17-year-old girl who was reportedly involved in a hit-and-run earlier that day.

Marabeas died and the girl is still undergoing treatment for her injuries.

This accident supports statistics which shows that teens are more prone to accidents because of their little experience in driving. For this, parents should constantly remind their children of the dangers and responsibilities involved in driving so as to avoid accidents.

The daughter of the victim described her mother as a loving and caring mother who worked two jobs to support her and her brother’s needs. This should be an awakening to all drivers that they can still die from accidents even if they cautious enough on roads.

The victim’s family can seek compensatory damages which would cover the loss of enjoyment of life, pain and suffering, and lost wages among others.