California Injury Blog

Los Angeles Car Accident Caused by Suspected Street Race

2010-09-01T21:47:45Z

A passenger was killed and a driver was injured in a Los Angeles car accident when a vehicle travelling about 100 mph crashed. According to a news report in The San Gabriel Valley Tribune, the high-speed car accident happened the afternoon of August 30, 2010 on Turnbull Canyon Road in Hacienda Heights. Eyewitnesses told officials that a black Honda Accord and a blue Honda Civic were racing on the roadway.

The Accord, which was traveling at nearly 100 mph, crashed. The Honda Civic left the scene of the crash without waiting for authorities. The driver of the Accord sustained moderate injuries while the passenger died. Authorities are searching for the driver of the blue Civic. An investigation is ongoing.

]]> Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), 121 deaths and 4,683 injuries were reported as a result of car accidents in the unincorporated areas of Los Angeles County. Also, countywide, 667 people were killed and 52,229 were injured due to car accidents during the same year.

Street Racing Law

It is illegal to race on a public roadway in California. According to California Vehicle Code Section 23109 (a): "A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest."

Liability Issues

If it is determined that the driver of the Honda Accord was street racing, the family of the passenger killed in the accident could file a wrongful death claim against the at-fault driver. Such a claim usually seeks compensation for medical or funeral expenses, lost future income, loss of love and companionship, and other related damages. Families of deceased victims in such cases would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will stay abreast of the investigation and make sure the negligent parties are held accountable.

Is street racing a problem in your community?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

]]> This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

San Jose DUI Collision Injures Three

2010-08-31T22:40:11Z

Three people were seriously injured in a San Jose car accident, which officials say, was caused by a suspected drunk driver. According to a Bay City News report, the crash occurred early morning on August 29, 2010 on Highway 101 near Metcalf Road. The occupants of two cars, a Mitsubishi and a Toyota, were on the shoulder of the highway trying to fix a flat tire on a Toyota, when 18-year-old Eric Nun, driving a Mercedes, went off the roadway and crashed into the back of the Mitsubishi.

]]> The impact of the collision pushed the Mitsubishi forward into the Toyota, severing the leg of a 23-year-old woman. The driver of the Toyota, a 23-year-old man, sustained major head injuries, and the driver of the Mitsubishi, a 29-year-old man, suffered major internal bleeding as well as head injuries. Nun sustained moderate injuries, but was arrested on suspicion of felony DUI.

My heart goes out to these three seriously injured victims and their families for what they are going through at this time. I wish them all the very best for a speedy recovery. Please keep them in your thoughts and prayers.

DUI Statistics and Laws

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 24 fatalities and 389 injuries involving DUI collisions in San Jose. In Santa Clara County, 37 people died and 705 were injured as a result of alcohol-related crashes during the same year.

Driving under the influence of alcohol and/or drugs is a serious crime under California law. It is illegal for anyone to drive with a blood alcohol content (BAC) of 0.08 percent or higher. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle."

Victims' Claim for Compensation

In such cases where negligence or wrongdoing is apparent, it would be in the best interests of seriously injured victims to seek the counsel of a reputed San Francisco personal injury lawyer, who has the experience and a successful track record of holding drunk drivers financially responsible. Injured victims could seek compensation to cover medical expenses, loss of earnings, cost of hospitalization, rehabilitation, surgeries and even long-term care in case of catastrophic injuries. A knowledgeable car accident lawyer will also advise victims about how their own car insurance policy might apply to an incident where the at-fault driver is uninsured or underinsured. For more information about the dangers of drunk driving, please visit the Mothers Against Drunk Driving web site at www.madd.org.

Is underage drinking a serious problem in your community?

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New Rules For Jury Trials In Civil Matters Heard in California Courts

2010-08-31T17:21:22Z

Currently, taking your civil case in front of a jury requires a lot of time and money. Large juries must be selected, and then after the jury is seated, the trial can drag on for days, weeks, or even months. The California legislature hopes to pass a Bill soon that will make jury trials much quicker and less expensive for the parties involved.

Assembly Bill 2284 (AB 2284) is an act that, if passed, will establish the Expedited Jury Trials Act. Currently, all trials heard in civil court are required to be heard in front of a jury of up to 12 people. The new law will require only up to eight jurors. This means it will take less time to get a proper jury seated and ready for trial.

]]> AB 2284, if passed, will become a law that allows both parties in a civil action to request an expedited jury trial. This means the trial will begin and end in only one day. This will allow plaintiffs to get a judgment much faster than the current system.

There are more reasons that AB 2284 will be good for all parties involved in civil actions. If the Bill passes, some of the new rules in place will be:

Both parties must sign a waiver stipulating to an expedited jury trial. The trial will take only one day from beginning to end.
Juries for expedited trials will have no more than eight people, and no alternates. This means a jury will be found much faster than under the current law.
Each side will have a limit of three peremptory challenges to eliminate potential jurors from the pool. Again, this will speed up the jury selection process and allow claims to go to trial much quicker.
The trials will be short. Each side will have only three hours to present their case. This is to guarantee that the trial takes only one day whenever possible.
The jury's decision is final. Both parties must agree to waive their right to appeal or make post-trial motions. This will eliminate cases that are frivolous or questionable, and free up the docket for judges to hear cases that are more substantial. If a party is not sure they will win, they probably won’t want to agree to waive their appeals.
The Judicial Council has until the beginning of the year (Jan. 1, 2011) to adopt additional rules or procedures. These rules will be amended into the Bill and become law once approved.

We at BISNAR | CHASE Personal Injury Attorneys are highly in favor of passage of this Bill. Plaintiffs often suffer when trials drag on for months and even years. A quick trial, and quick -- and final -- decision will allow victims to recover damages and move on with their lives in a more just and reasonable period of time.

Another noteworthy bill to mention is the Medical Radiation Safety Act of 2010 which will put safeguards in place that have been sorely needed. Learn what the Medical Radiation Safety Act will do for your family by visiting the American Lawyer Academy blog.

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Sacramento Car Accident Injures Five

2010-08-30T23:44:53Z

Five people including two children were injured in a Sacramento car accident after a pickup truck and a minivan crashed on the Interstate 80. California Highway Patrol officials say the accident occurred the morning of August 24, 2010 on the eastbound I-80 between the Watt Avenue and Auburn Boulevard exits. The driver of the pickup truck apparently ran away from the scene of the crash. Officials are still looking for the driver. All five injured victims were in the minivan. The extent of the victims' injuries is not known. An investigation is ongoing.

If you have any information about a hit-and-run crash, please visit our web site at www.hitandrunreward.com for more information about how to offer anonymous tips. Remember, any relevant information could prove invaluable to law enforcement officials and may help them apprehend the suspect and bring him or her to justice.

I sympathize with all those who were injured in this crash and wish them the very best for a quick and complete recovery. Please keep them in your thoughts and prayers.

]]> Car Accident Statistics

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 28 deaths and 3,566 injuries involving car accidents in Sacramento. Also, countywide, 84 people were killed and 7,874 were injured as a result of car accidents during the same year.

Hit-and-Run Law

Leaving the scene of an accident is a serious crime under California law. California Vehicle Code 20001 (a) states: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident."

Liability Issues

In such cases, injured victims or their families would be well-advised to seek the counsel of an experienced Sacramento personal injury lawyer, who will stay on top of the official investigation and ensure that their legal rights and best interests are protected. A knowledgeable car accident lawyer will also be able to advise victims about how their car insurance policy might apply to a hit-and-run crash where the suspect is never found, or in a case where the at-fault driver is uninsured or underinsured. Where negligence or wrongdoing is involved, injured victims can seek compensation for medical expenses, loss of earnings, cost of hospitalization, rehabilitation and other related damages.

In your opinion, what should be done to reduce the number of hit-and-run crashes? We would love to hear your comments and suggestions.

]]> This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Financial Abuse of the Elderly

2010-08-30T23:35:11Z

Financial crimes against the elderly generally fall under two categories: fraud committed by strangers, and financial exploitation by relatives and caregivers. This blog will concentrate on financial elder abuse by relatives and caregivers.

Unlike strangers, relatives and caregivers often have a position of trust and an ongoing relationship with the elderly. Financial exploitation can be as follows:

1. borrowing money and not paying it back;
2. denying services or medical care to conserve funds;
3. giving away or selling the elder's possessions without permission;
4. signing or cashing pension or social security checks without permission;
5. misusing ATM or credit cards, or using them without permission;
6. giving away the elder's money to family or friends;

The financial abuser will use deceit, intimidation, emotional abuse, or promises of care.

]]> ADULT CHILDREN AND RELATIVES: There have been cases of adult children living with their elder parent, taking their social security money, and not seeking medical care for them when it was necessary. These adult children have no visible means of support themselves. This is the largest category of offenders, and, sadly, the abuse is often not discovered until after the elder's assets have been depleted.

PROFESSIONAL CAREGIVERS: Home health aides offer invaluable assistance to seniors who need help to live independently. However, they sometimes abuse an elder's trust by intercepting and activating unsolicited credit cards in the elder's name; taking jewelry, cash, or other valuables; forging or altering checks for their own use; or tricking the elder into transferring titles and deeds to the caregiver. Nursing home caregivers have also been known to participate in similar financial abuse of elders.

FRIENDS AND PEOPLE OF TRUST: This group can include neighbors, repair people, bank tellers, real estate agents, or investment advisors. In general, such offenders may encourage investments and expenditures that benefit only themselves, steal money or property, or arrange for changes to wills, trusts, or mortgage financing for their own benefit.

The following are signs of financial abuse:

A relative or caregiver has no visible means of support and is overly interested in the elder's financial affairs and is concerned over the cost of caring for the elder, or is reluctant to spend money for needed medical treatment.

The utility and other bills are not being paid.

A relative or caregiver isolates the elder, makes excuses when friends or family calls or visit, and does not give the elder messages.

At the bank, the elder is accompanied by a relative or caregiver who refuses to let the elder speak, and/or the elder appears nervous or afraid of the person accompanying him or her.
The elder is concerned or confused about "missing money."

There are suspicious signatures on the elder's checks, or the elder signs checks and another party fills in the payee and amount sections.

There is an unusual amount of banking activity, particularly just after joint accounts are set up or someone new starts helping with the elder's finances.

Action you can take:

In the case of nursing homes and in-home caregivers, do a background check. Don't assume that a placement agency will do a thorough check on caregivers. Insist on a national, rather than state, criminal check. Ask for proof that the agency is bonded, and confirm it with your local Better Business Bureau.

In the case of a relative caregiver, have two family members on the accounts so that one is a check on the other. Also check that the relative caregiver has his/her own means of support.

As always, check with your local elderly ombudsman if you have questions and concerns about financial elder abuse schemes. You may need to consider filing a complaint.

]]> This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

What the Medical Radiation Safety Act Will Do For Your Family

2010-08-30T08:25:47Z

Last year, Cedars-Sinai Medical Center, and other hospitals across the country, overexposed at least 330 patients to toxic levels of radiation when the hospital’s CT scan machines failed to work properly. Toxic levels of radiation -- in some cases eight times safe levels -- of radiation were forced upon unsuspecting patients who were being treated for various ailments. These extremely high doses of radiation could lead to a lifetime of pain and suffering. This suffering could have been avoided if legislation was in place that required State regulation of the CT scanning machines and the technicians who run them.

Toxic levels of radiation exposure occur in CT scans and MRI machines in hospitals across the country. Cedars-Sinai is not the first hospital to overexpose patients in its care. Senate Bill 1237 (SB 1237) is designed to protect your family from over exposure to radiation if you should ever need a CT scan. This will eliminate another tragedy like the one experienced last year at Cedars-Sinai Medical Center.

]]> CT scans that are unregulated -- like those at Cedars-Sinai -- can give off levels of radiation that are much higher than the allowable dosage. CT scans that give off such high doses of radiation could do serious damage to your body, and even kill you. Patients who have been overexposed live in constant fear of a cancer diagnosis. It leads to psychological trauma, and mental distress -- even if the patient never gets physically sick from the exposure.

Some of the dangers of high-level radiation exposure are:

Hair loss around the exposed area.
Bodily rashes that can be painful and embarrassing.
Increases in the risk of many types of cancers.
Mental distress. Many patients live in daily fear of a cancer diagnosis.
Depression
Anxiety

So what will the Medical Radiation Safety Act do for your family? If Senate Bill 1237 -- the Medical Radiation Safety Act -- passes, the Bill will create a protocol to measure the amounts of radiation which people can be exposed to. This Bill will allow state officials to inspect the machines, and make sure the technicians who operate them have the proper training. Machines that are prone to overexposure will be examined thoroughly, and the technicians will better know what to look for when patients are inside the machines for treatment.

We at BISNAR | CHASE Personal Injury Attorneys are in favor of this Bill. When manufacturers of medical equipment fail to design safe machines, it’s up to the courts and the State legislators to take action. By passing this Bill, thousands of patients will be safer when being treated in hospitals within the state of California.

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Four Killed in Long Beach Car Accident

2010-08-29T08:01:00Z

Jesus Heredia Calixto, 18, and Candice Ann Bustamante, 32, a 16-year-old girl and another 19-year-old man were killed in a violent car accident in Long Beach, which officials say, was caused by two cars racing each other on a public roadway.

The Press Telegram reports that the horrific crash happened on the Long Beach Peninsula the morning of August 22, 2010 when a Ford Mustang and a 1997 Ford Taurus collided. The Mustang then hit a stone marker. All four of the fatally injured victims were occupants of the Mustang. The two teens in the Taurus fled the scene, but were later apprehended. They are expected to be charged with felony hit-and-run and murder.

]]> I offer my deepest condolences to everyone who knew and loved these deceased victims for their tragic and heartbreaking loss. These victims' families will be in my prayers.

Street Racing Accidents

According to the National Highway Traffic Safety Administration (NHTSA), there were reports of 135 fatal car accidents that involved street racing in 2001, a number that had almost doubled since 2000. The California Office of Traffic Safety reports that there were more than 800 citations issued for illegal street racing in 2001. I would not be surprised if that number has significantly increased in the last five years. Nationwide, statistics also show that 49 people are injured for every 1,000 people who participate in illegal street racing.

Laws and Liability Issues

Racing on a public roadway is illegal under California Vehicle Code section 23109 (a). It is also against the law to leave the scene of an accident. California Vehicle Code 20001 (a) states: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident."

In such cases where negligence or wrongdoing is apparent, families of deceased victims can file a wrongful death claim seeking compensation to cover funeral expenses, lost future income, loss of love and companionship and other related damages. An experienced Long Beach personal injury lawyer will also be able to advise victims' families about how their own auto insurance policy applies to a hit-and-run accident or in the event the at-fault driver lacks insurance or is underinsured.

Is street racing a common problem in your community? What steps do you think should be taken to eradicate this problem?

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Fatal Los Angeles Pedestrian Accident

2010-08-28T08:01:00Z

A man, who was fatally injured in a pedestrian accident in the Lakeview Terrace area, has been identified by local authorities as 49-year-old Alberto Sandoval. According to a City News Service report, the fatal collision occurred on Foothill Boulevard when 58-year-old Paula Larene Dautremont lost control of her vehicle, struck a parked truck and then collided with Sandoval. He died as a result of injuries sustained in this crash. No one was cited or arrested pending an official investigation.

My heart goes out to the family and friends of Alberto Sandoval. I offer my deepest sympathies to them. They will be in my prayers.

]]> Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 268 deaths and 25,588 injuries involving car accidents in Los Angeles. In Los Angeles County as a whole, 667 people died and 52,229 were injured as a result of car accidents in 2008.

Fault and Liability

This news report does not clearly state how or why Dautremont lost control of her vehicle. We do not know if there was some type of malfunction in the vehicle or if she suffered a medical condition. It is also possible that she was impaired, distracted, or speeding at the time of the collision. If I were a family member of the fatally injured victim here, I would definitely want to know if this accident was the result of any negligence on someone else's part. The Sandoval family has suffered a tremendous loss and certainly deserves some answers.

If Dautremont is determined to have been at fault, then, she could be held liable for the accident and Sandoval's wrongful death. The victim's family in such cases would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will stay abreast of the official investigation and make sure that their legal rights and best interests are protected. If a dangerous roadway caused the accident, a personal injury or wrongful death claim can be filed against the governmental agency in charge of maintaining that roadway. Such claims against governmental agencies in California must be filed within six months of the incident.

What are some of the most dangerous roadways for pedestrians in your city or neighborhood?

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Car Accident in Modesto Area Kills Four

2010-08-27T21:09:55Z

Four people, identified as James Donald Anderson, 49, Emma Gabriela Anderson, 44, and Andrew David Anderson, 15, and James Edward Rowell, 40, were killed in a Modesto car accident the evening of August 24, 2010. According to a news report in The Modesto Bee, the fatal crash occurred when a Chevrolet van ran a stop sign at the intersection of East Las Palmas and Elm avenues in Patterson and crashed into a green Ford SUV. The van was northbound on Elm and the SUV was traveling east on Las Palmas. Another passenger in the SUV, 24-year-old James Anderson, sustained major injuries in the crash. Officials are looking into whether alcohol or drugs were involved in this crash.

]]> I offer my sincere condolences to the Anderson family, which has apparently lost three members and has one other hospitalized in serious condition. My deepest sympathies go out to everybody who knew and loved these victims. I also wish the injured James Anderson the very best for a speedy and complete recovery.

Car Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), two fatalities and 15 injuries were reported in Patterson due to car accidents. In Stanislaus County, 45 people were killed and 2,583 were injured as a result of car accidents during the same year.

The Law Relating to Stop Signs and Intersections

California law requires drivers to come to a complete stop at a stop sign and proceed with caution. According to California Vehicle Code section 21802 (a): "The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety." Also, California Vehicle Code 21800 states: "The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different highway."

Liability Issues

Based on this report, it appears that Rowell ran a stop sign at the intersection and caused the crash. Officials have also not ruled out the involvement of alcohol or drugs in the fatal injury collision. If Rowell is determined to have been at fault in this case, the family of the deceased victims and the injured victim could seek compensation from Rowell's estate or his insurance.

Injured victims in such cases could seek compensation for medical expenses, lost wages, hospitalization, rehabilitation and other related damages. If negligence or wrongdoing is involved in an incident, family members can file a wrongful death claim seeking compensation to cover funeral expenses, lost future income, loss of love and companionship, and other related damages. An experienced Modesto personal injury lawyer will be able to better advise victims and their families about their legal rights and options.

In your opinion, what are some of the most common causes for street intersection accidents?

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Man Killed in California Dog Attack

2010-08-26T22:28:11Z

Jerry Yates, 69, was killed in a dog bite incident after he was mauled on his own property by two large pit bulls that belonged to a neighbor. According to an ABC News report, Yates's body was found with large bite marks and torn flesh, the afternoon of August 22, 2010. Authorities say Yates' wounds suggest that he died trying to fight off the dogs. The owner of the dogs, Sheryl Sellers, has been arrested on a single felony charge of allowing vicious animals at large. Officials say she held the dogs in an enclosure, which was clearly inadequate to restrain dogs of that size. Sellers surrendered the pit bulls, which have since been euthanized.

I offer my deepest condolences to the family and friends of Jerry Yates. Apparently, Yates was a Marine Corps veteran who served three combat tours in Vietnam. Tragic! Please keep this grieving family in your thoughts and prayers.

]]> Fatal Dog Attack Statistics

According to Seattle-based nonprofit group, Dogsbite.org, in 2007, there were 33 fatal dog attacks in the United States. Additionally, there were 23 fatal attacks in 2008, 32 in 2009, and this year alone, we have already had 21 fatal dog attacks. In 2009, pit bulls made up only 5 percent of the U.S. dog population, but they accounted for 44 percent of fatal dog attacks for that year. Nearly 4.5 million people sustain personal injuries as a result of dog attacks in the United States each year, according to the Centers for Disease Control (CDC).

California Dog Bite Law and Liability Issues

California Civil Code section 3342 states: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."

A dog owner can be held financially liable for the damage his or her dog does. In this particular case, the dog owner faces a felony criminal charge for failing to keep the dogs restrained. In such cases where negligence is apparent, families of deceased victims can file a wrongful death claim seeking compensation to cover funeral expenses, lost future income, loss of love and companionship, and other related damages. An experienced California personal injury lawyer will be able to better advise injured dog bite victims or their families about their legal rights and options.

Do you believe there should be a ban on owning pit bulls?

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Fatal Santa Barbara Personal Injury Accident Kills Three

2010-08-25T23:26:29Z

A fatal Santa Barbara personal injury accident took the lives of Leonel Leon, 22, Lorena Guadalupe Tellez-Pacheco, and Jaciel Tellez, 8 on August 24, 2010. According to a report in the Santa Maria Times, the truck driver and owner of the big rig, Joaquin Garcia Morales, rented a trailer that he loaded with 26 tons of gravel. As he was driving down a hill on Highway 152, he lost his brakes. The out of control big rig truck eventually came to halt when it collided with a 1,000 square foot wooden home.

The small 50-year-old wooden home was flattened and three of the occupants suffered fatal injuries. One of the families occupants had left the home moments before the devastating big rig crash occurred. In the height of the crash response, there were nine engines, a latter truck, two search and rescue vehicles, a search dog and 10 chief officers.

]]> My deepest sympathies go out to the family and friends of the deceased victims. Please keep them in your thoughts and prayers.

What Caused This Big Rig Truck Accident?

Apparently, the driver/operator was aware of braking problems earlier in the morning … he apparently stopped to check on his brakes. So was it a brake maintenance issue? Have the brakes been serviced recently? Could it be that an auto defect caused the loss of brakes? Was it an overloading issue? Was the truck carrying more gravel than was safe?

Traffic Collision Claims

In California, the normal time to file a lawsuit (statute of limitations) in a traffic collision is two year. If there is a claim against a governmental agency, a claim of a dangerous roadway condition, a proper claim must be presented within 180 days. If the deceased family had a surviving child, which the news stories seem to indicate, the child would have a claim for compensation for his/her lost parents and sibling. In such a situation, a close family member will usually be appointed by the court to stand in for the child for the purposes of the litigation. Whomever brings a claim on behalf of the surviving child will have to request to be appointed “guardian ad litem” (guardian for purposes of the litigation) by the court through a formal motion to the court.

If you or a loved one has been seriously injured in an accident is in your best interest to consult with an experienced Santa Barbara car accident lawyer. A skilled lawyer will ensure you receive just compensation for your injuries.

]]> This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Is California Protecting the Elderly?

2010-08-25T23:22:54Z

There has been some concern recently that the Attorney General's office has not been aggressively prosecuting elder abuse cases. The San Francisco Examiner reports that prosecution of abuse cases are down under this particular administration from that of the previous Attorney General. In defense of the allegation, Attorney General Brown's office states that the fewer prosecutions are due to the fact that the previous prosecutions had been successful in clearing up a good bit of the abuse problem. They are now concentrating on fraud cases against the MediCal system and saving the State some money.

]]> What this means to the average person in a nursing home is that the state is a bit more concerned about retrieving its own money than it is about elderly people being abused on a daily basis. While the integrity of the State's medicaid system is very important in funding the medical care that the elderly need and cannot always pay for through private insurance, it may not be the appropriate priority for a time when so much abuse is occurring.

The first line of defense for a family facing the abuse of a loved one is through the State Ombudsman. This is the very reason that the ombudsman system was set up to be a safe harbor that an abused person can turn to for much needed help. The State has cut back on the training for ombudsmen, they are no longer receiving training for four days every 2 years; they have not had training in over 3 years. This training is vital for the ombudsman to go into a nursing home and be able to recognize abusive or dangerous condition that the home might be hiding and could result in a nursing home abuse complaint. The abusive worker in the facility is now more in tune with events than the ombudsman is and this does not bode well for the poor elderly person trying to get some decent care.

The State of California apparently is changing its priorities concerning the elderly person who may be living in an abusive nursing home situation.

]]> This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Fatal Orange County Car Accident Involves Suspected Drunk Driver

2010-08-25T22:36:43Z

Mai Hayakawa, 22, was killed in an Anaheim car accident which involved a suspected drunk driver, The Orange County Register reports. California Highway Patrol officials say that the fatal car crash occurred the night of August 22, 2010 on the southbound 57 Freeway's transition road to the 91 Freeway.

Hayakawa was a passenger in a Toyota Celica driven by 24-year-old Michael Keating, who officials say, was under the influence at the time. The crash occurred when Keating attempted to pass a semi-trailer by driving on the right shoulder of the road. He lost control of the car, went off the roadway and struck a palm tree. Hayakawa was killed. Another female passenger in the Toyota, 22-year-old Alyssa Unruh, sustained non-life-threatening injuries. Keating was arrested on suspicion of felony drunk driving.

]]> I offer my deepest condolences to the family and friends of Mai Hayakawa for their tragic and profound loss. Please keep them in your thoughts and prayers.

Drunk Driving Statistics

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were eight fatalities and 181 injuries involving DUI collisions in Anaheim. In Orange County as a whole, 62 people died and 1,492 were injured as a result of alcohol-related crashed during the same year.

California DUI Laws

It is illegal to drive while under the influence of drugs or alcohol in California. According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges under California Penal Code section 191.5 (a).

Claim for Compensation

In such cases where negligence or wrongdoing may be involved, families of deceased victims can file a wrongful death claim seeking compensation for funeral expenses, lost future income, loss of love and companionship, and other related damages. Injured victims can also seek compensation from the at-fault driver for their damages and losses.

An experienced Anaheim personal injury lawyer will be able to advise victims and their families about their legal rights and options. A knowledgeable car accident lawyer will also advise victims' families about how their auto insurance policy applies to case where the at-fault driver is uninsured or underinsured. For more information about the dangers of drunk driving, please visit the Mothers Against Drunk Driving (MADD) web site at www.madd.org.

Do you believe that DUI penalties in California are severe enough to prevent drivers from getting behind the wheel intoxicated?

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Why Should You Put Your Recovery Into an Annuity?

2010-08-25T21:41:53Z

Steve Moore a middle aged man with his wife was driving through N59th Avenue. In front of the Waffle House their Corolla came to a halt at a red light in between N59th Avenue and I-10 FWY Phoenix. Within few seconds a car driven by three young boys crashed into the corolla. The car was traveling at high speeds and the young boys were drunk. The seat belt and the air bag saved the man from fatal injuries but his wife was severely injured as the car was damaged.

]]> An investigation took place and the alleged accuser had to compensate for the loss of the victim. He received payment by the insurance company when they found that Moore was not at fault .

As life is unpredictable, you need to invest your recovered money smartly so that you can reap the benefits. If you invest this money in an annuity then you not only secure you financial future but the investment plan is very flexible. As the couple was middle aged they are required to save for their future in order to avoid cash crunch in post retirement.

What is an Annuity?

An Annuity is an agreement between a company and an insurance company. A stipulated sum of money is paid by the individual recurrently to the insurance company as per the contract. This way you invest the money. With the retirement of the individual the insurance company would pay on a regular basis as long as you live.

Why would you invest into an annuity?

One of the major reasons to invest your money in an annuity is that there are few companies that offer a pension plan for its employees that has a fixed income throughout their retired lives. If you want to achieve long term financial security then annuity would be a right option for the consumers to invest their money.

According to your choice and nature of investment you can restructure annuities as it is comparatively flexible than any other investment plan.

You can choose the type of annuity you would like to invest in as well as the type of return you would expect. Till you withdraw the annuity amount the tax won’t be levied on it. If you come across a fatal accident then the money along with the interest would be paid to your heir. At least you would be contented that n your absence, your children would not face a cash crunch.

Advantages of Investing in Annuities:

If you are investing in annuities then you are financially secured. Insurance is one way your family members can deal with the income requirement after your death. Annuities also look after the life post retirement. It also reduces the complexities of the investments.

It is an uncontested truth that investing in annuities is highly beneficial to all the people. The following points are few advantages of investing in annuities:

1) Tax Relief –
You get a tax relief while investing in annuities as long as you do not withdraw and start receiving the payment.

2) Elasticity –
Investment plans in annuities are flexible as you have a wide range of choice. There are ample options in hand you can invest in those annuities that have long term objectives as well as achieve a secured financial future. Even the payment plan can be of your choice.

3) Support for dependants
If you have children and family solely depending on you then investing in dummies would be a good option. Investing in such plan serves innumerable functions. You save for your post retired life as well as the annuity return would also serve as a support for your beneficiaries and dependants.

4) No specific amount required –
There is no compulsion to invest a certain amount of money in an annuity.

So these are few basic reasons why the recovered money should be invested in an annuity.

Author’s Bio: This article is written by Guest Writer Kevin Craig. He is a financial writer for Oak View Law Group.

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Calabasas Car Accident Injures Four Bicyclists

2010-08-25T00:37:47Z

Four people were injured in a Calabasas personal injury accident due to an elderly driver. The intersection accident occurred when an 81-year old woman made a left turn in her Audi A4 and collided with Four bicyclists, according to a Los Angeles Times news report. The accident occurred while the elderly driver was traveling westbound on Mulholland Highway approaching Stokes Canyon Road at 7:30 a.m. Three of the riders suffered critical injuries while the forth received minor injuries. The driver of the vehicle was uninjured.

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]]> California Highway Patrol Officer Leland Tang said that there was no stop sign or traffic signal at the intersection. TV reports show that the windshield was fractured and the back window was broken. Three of the four injured victims were airlifted to the UCLA Medical Center by firefighters.

My heart goes out to the three injured riders who suffered injuries in this terrible bike accident. Please keep them in your thoughts and prayers.

Elderly Driver Statistics

This bicycle accident is yet another reminder of the important issues California residents are facing as our aging driving population increases. According to the DMV, there is nearly 3 million drivers who are 65 years or older. The number of dangerous elderly drivers will only increase over time. Over the next 20 years, the number of elderly drivers is expected to triple in the United States.

The issues involving elderly drivers calls for more stringent regulations. About 11 percent of fatal car accidents involved drivers 65 and older, in 2005. Road safety analysts have predicted that when the last of the baby boomers have reached 65, they will be responsible for 25 percent of all fatal car collisions.

Receiving Help For Your California Personal Injury Accident

If you or a loved one has been seriously injured in an accident, it is in your best interest to receive a free consultation from an experienced Los Angeles personal injury lawyer. A skilled car accident lawyer will ensure you receive a fair settlement for your injuries.

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