Tuesday, October 23, 2007

Abide by the Speed Limits

Speeding is one of the most prevalent causes of traffic injuries and deaths in the United States. This can be seen on the numerous media reports that tend to signify that each of us motorists should closely look after our driving speeds depending on the road and traffic conditions. It is important for us not exceed to the limits in order avoid injuries and even the call of death.

An article about an accident involving a motorcycle and a truck may serve as a warning for us that being prudence is always a factor to keep away from fatal accidents. As the witnesses stated, a motorcyclist has died instantly after hitting the rear end of a truck because of over speeding. The investigators have determined that the driver’s speed has reached about 120 miles per hour causing the great impact to happen.

The “Basic Speed Law” of California suggests that aside from what is posted on the roads, the motorists should also base their speed on the following:

  • the density of road users along with their speeds
  • the width of the path
  • the condition of the road surface
  • the presence of pedestrians and bicyclists on the side of the road
  • the weather condition
  • other circumstances that may affect their road visibility and safe travel

In many of the major highways and thoroughfares in California, the government has set a maximum speed limit of 65 mph. However, the motorists may ignore this rule depending on the street signs posted.

Yet, for me it is still best to maintain an average speed of 50 to 60 mph to be safer. As a trial attorney who has handled various vehicular accident cases, I do suggest that the motorist should exercise extreme prudence in traveling. They should ensure not only their own safety but also the safety of their passengers, pedestrians and other travelers as well.

Friday, October 19, 2007

The Law Applies to All

I know that pop singing sensation Britney Spears has many following but just recently, various reports pertaining to her several legal violations came out. Around 9 p.m. of October 15, 2007, she presented herself to the Los Angeles police authorities to face charges of hit and run and driving without a valid license.

Now, what is the sense of this story?

If you are one of those injured victims of neglectful and imprudent drivers, this may give you the courage of also filing your own case regardless of how popular or powerful the liable party is. The rule of law applies to all and no citizen is above it even those people whom we idolize and pay our respect.

The legal action done by Kim Robard-Rifkin, the owner of the car that was allegedly hit by Spears after trying to escape paparazzi, should be commended. This I think is the proper way of dealing with an auto accident case – having such determination to defend your rights as victims.

The law entitles the injured victims of such recoveries to cover the level of damages and losses that they have suffered from others offense. It ensures the victims will be properly paid to ease their further sufferings from expensive medical treatments and loss of earnings. However, it all depends on them – whether they file their cases or not.

Thus, if you also live in L.A. and you have been injured in an accident, it is important to set aside your hesitations and immediately pick from those credible Los Angeles court attorneys for proper assistance. It is not a question of how severe the damages are and how much you can gain from such charges but the real substance is how you have defended your rights.

Furthermore, having those irresponsible motorists punished for their misbehavior will lessen their possibilities of hurting other innocent people in the future.

Wednesday, October 10, 2007

Point of Fact: You Can Sue Big Corporations

Months ago, my sister excitedly went home carrying a bagful of toys for our first and only nephew, Luis. The bag contained Elmo dancing to the tunes of Hokey Pokey, Elmo singing ABC’s and repetitively uttering my sister’s recorded voice “Luis!” and Elmo laughing when tickled by the waist.

Three different Elmos. You can tell she’s fond of this friendly, bright red-furred, high-pitch voiced Sesame Street character.

A few weeks later, I stumbled into a news report that Mattel, the largest toymaker in the world, has announced a major recall of various Fisher-Price toys, which include Sesame Street character toys. The company expressed concerns that lead may be contained in the toys’ surface paints from which young children may incur toxic poisoning.

Lead is a highly toxic substance, exposure from which can lead adults and children to suffer a wide range of adverse health effects, including behavior and learning problems, brain damage and anemia among others. Young children are more prone to lead poisoning though, as millions of children have already suffered health effects due to its hazardous elements. Lead can be exposed to humans most often through paint and is just of microscopic size.

My sister immediately removed the toys from the house and after being aware of lead’s hazards: that it is cumulative and symptoms may not appear as soon as the child is exposed, she brought Luis to his pediatrician for a blood test. Thankfully, our nephew is safe.

Consumer Product Safety Commission, one of today’s numerous safety groups, promised thorough investigation of the industry and review its safety standards. However, they unfortunately admit that more recalls will be coming, with toys and other household items.

Mattel is a huge corporation but if an average kid like my nephew incurs lead poisoning due to its manufactured toys, the company will face serious charges of product liability and if proven negligent be demanded millions of punitive and compensatory damages from. Knowingly withholding product information about its hazardous elements is a grave offense. It sounds so wrong! A competent Los Angeles law firm suits this kind of million-dollar lawsuits; it can best assist average victims win against rich and powerful corporations.

Fisher-Price toys are so adorable yet its harmful effects are rather appalling.

Tuesday, October 9, 2007

Hit and Run: Incredible Detachment to Life and Responsibility

Hit-and-Run is a totally inhumane offense. It’s bad enough that one drives negligently as if he isn’t responsible risking the lives of those around him but to be nonchalant after causing death, injury or damage to another is something else. Believe it or not, people actually hit and run to save their ass from liability. Even a 50 year old woman was accused of such offense.

Berset is criminally charged with one count of hit and run resulting to death or injury. This felony carries a four year sentence in its maximum, in state prison. She is also charged with a count of vehicular manslaughter without gross negligence. This misdemeanor is fixed at a bail of $100,000.

Comprehensive investigation must be put in order. Berset must be able to prove that she exercised due care, otherwise she has to bear charges of gross negligence. It is not enough that she called the authorities the next day after collision to report because for all we know, she may have intentionally tried to escape from liability at the moment of collision. Her conscience may just have reaped guilt. It is quite dubious to kill a person, or even a deer at that, without having the impulse to check what it was that her car’s hit. Though remorse is notable, it doesn’t change the fact that the offense is consummated.

Should Berset be exculpated from criminal charges due to reasonable doubt, civil charges remain enforceable. The defendant’s negligence can be proven by preponderance of evidence and should this be established by the plaintiff litigation lawyer, the victim’s family is entitled to recover compensatory damages, even punitive ones.

A driver is required to give assistance to injured persons involved in a car accident, especially if such driver is involved. Any driver who fails to fulfill his duties can be responsible for the omission of a positive law. This isn’t a new law – this stems from old-age common law and may be this also isn’t exactly a law – this is, or rather should be, human nature.