Archive for April, 2010

Are Hybrid Cars Dangerous to Pedestrians and Bicyclists?

Wednesday, April 28th, 2010

While hybrid cars and SUVs may be good for the environment, it may not be necessarily true for pedestrians. In fact, pedestrians are about twice as likely to get involved in crashes with hybrid automobiles as any other type of vehicle.

According to a research conducted by the National Highway Traffic Safety Administration, pedestrian crashes were likely to occur when a hybrid car is slowing or stopping, backing up, or entering or leaving a parking space.

Also, the incidence rate of bicycle crashes involving hybrids are significantly higher, especially those which occur at intersections and interchanges.

Generally, it is generally assumed that the crash rates of hybrid cars with pedestrians and bicyclists are higher because people are often unaware of the car’s presence unless it hits them.

Advocacy groups have expressed their concern several times over the fact that the hybrid may be too quiet and pedestrians, especially those who are blind, and bicyclists who rely on hearing the sound of an engine, are the most at risk of getting run over.

But the study conducted by the NHTSA show that most of the car crash fatalities occurred when the hybrid was going faster than 35 mph, when these cars made the same amount of noise as any ordinary vehicle.

The hybrid’s silence may be a factor for some pedestrian and bicyclist car crash accidents but apparently, it’s not the only one.

Other factors behind a pedestrian and bicyclist accidents include the following:

  • Poor roadway design (lack of crosswalks or traffic lights and signals)
  • Drunk driver/pedestrian/bicyclist
  • Distracted driver/pedestrian/bicyclist
  • Failure to follow road rules and regulations

Vehicle design or defect is rarely a factor in crashes, most motor vehicle accidents especially those involving pedestrians and bicyclists are because of human error.

In the event that the fault for the collision lies in a drunk or distracted or reckless driver, the injured pedestrian or bicyclist has the right of action against him for compensation of damages.

However, if the situation was reversed and this time, it was the pedestrian or bicyclist who was drunk, distracted or reckless, then the driver may not be held liable for any injury suffered by the former.

So for drivers and pedestrians alike, regardless of what type of vehicles are on the road these days, it would be best to be alert of your surroundings because there is a high price for negligence.

Boat Accident in Lake Havasu Injures Six People

Tuesday, April 20th, 2010

Whether on land or on water, operating a motor vehicle while under the influence of drugs or alcohol has always been dangerous.

According to San Bernardino County authorities, an alcohol-related boating accident in Lake Havasu has injured 6 people. The 21-foot-long Shockwave ski boat was allegedly travelling at a high rate of speed (50 mph) when it hit the shore.

The boat was ran aground more than 50 feet beyond the shoreline, two occupants were trapped inside four others were thrown aboard. The operator of the vessel, James McCarthy of Chino and two other passengers suffered serious injuries aside from bone fractures. The rest of the passengers also incurred fractures and injuries and were taken to the hospital.

Police claimed that alcohol is a factor in the boat crash.

According to the United States Coast Guard, most boat accidents are caused by the following:

• Distracted operation of the water vessel
• Driver’s lack of experience in operating the boat
• Excess speeding
• Operating the vehicle under the influence of alcohol or drugs
• Faulty equipment or mechanisms

Clearly, as stated by the above-mentioned factors behind boating accidents, human error is often the cause. And when there is fault or negligence in the accident, there is a person who can be held liable for any injury or damage incurred by the accident victims.

At this point, it would be best to hire a boat accident attorney or even a personal injury lawyer to help you establish a claim for damages against the liable party. These attorneys will know whom to blame for the accident – whether it is a drunk boat operator or even a negligent boat manufacturer.

Through their expertise in preparing a claim, gathering of evidence, negotiation in settlements or even filing a lawsuit, boat accident victims can be assured of receiving proper compensation.

There are many legal and safety issues involved in a boating accident so if you or your loved ones are ever involved in one, don’t hesitate to seek the services of a boat accident attorney or a personal injury lawyer. It’s the best way to ensure that any pain or suffering you endure because of the accident will be rightfully compensated.

The “Unsafest” Cars List

Tuesday, April 13th, 2010

Consumers, watch out! Despite the overwhelming headlines about Toyota’s dangerously defective vehicles, there are other cars out there that are just as unsafe, if not more so.

In an article from Forbes.com, a list of the worst made cars on the road was compiled and surprisingly, the beleaguered Japanese car giant did not even make it on the list. The results were gathered from the Consumer Reports studies and Vehicle Dependability Study from J.D. Power and Associates.

This is a round-up of the “unsafest” cars on the road today which shockingly, featured vehicles from General Motors. Also, the current leader in automotive sales, Ford, got really poor ratings for its Ford F-250, which was even rated among the worst in overall value and safety performance.

•    Cadillac Escalade (SUV)
•    Chevrolet Aveo (Compact Car)
•    Chevrolet Colorado (Pick-up truck)
•    Dodge Nitro (SUV)
•    Ford F-250 (Pick-up truck)
•    GMC Canyon (Pick-up truck)
•    Jeep Wrangler (SUV)

Ironically, the most vehicles on the worst cars list are SUVs and pick-up trucks. According to analysts, while trucks and SUVs aren’t necessarily unsafe, the engineering updates and safety improvements for such vehicles lagged because car makers capitalized on making these vehicles “family-oriented”.

But for road safety, size isn’t the only thing that counts. Big and bulky SUVs and pick-up trucks are actually more prone to dangerous rollover accidents. According to the Insurance Institute for Highway Safety, 58 percent of SUV occupants while 47 percent of pickup occupants were killed in rollover crashes last 2008.

It is appalling that despite the public flogging and impending $16 million fine to be imposed on Toyota for their dangerously defective cars, federal regulators seem to have missed acting on the above-mentioned worst-made vehicles.

Stricter standards should be implemented across the board in order to make sure that all manufacturers create quality and safe products — GM and Ford should not be an exemption to the rule just because they’re American manufacturers. A mere slap on the wrist is alarming and detrimental to all consumers who may get involved in an accident because of dangerously designed or defective cars.

In case you are involved in an accident with any of these above-mentioned vehicles or other cars you believe is defective or dangerously designed, consult with a car accident attorney or a product liability lawyer to evaluate your chances of making a successful claim for compensation and damages.

Actress Nicolette Sheridan Sues Desperate Housewife Creator for Wrongful Termination and Abuse

Thursday, April 8th, 2010

Blonde bombshell and Desperate Housewife Nicolette Sheridan has dropped a huge bomb of her own. The actress has recently filed a lawsuit against the creator of the show, Marc Cherry and is suing him for assault and battery, gender violence as well as wrongful termination.

Sheridan alleged that Cherry was abusive towards the people working on the show and created a hostile working environment. She claimed that on September 24, 2008, she was physically assaulted by Cherry when she asked him something about the script.

The lawsuit described the attack as Sheridan getting hit by Cherry with his hand across her face and head. Although Cherry allegedly went to Sheridan after to ask for forgiveness, the actress reported the incident to ABC but no action was taken and the abuse only continued.

Teri Hatcher also allegedly complained about him and Cherry also said bad things about the actress. Aside from the physical assault charges, Sheridan claims that her character in the show was killed off unfairly hence her wrongful termination charges.

Sheridan is asking for damages worth more than $29 million.

While physical assault and gender violence is easier to identify, wrongful termination on the other hand, can be misunderstood by a lot of people. It is important to remember that while termination can be unfair but it doesn’t necessarily mean it is unlawful.

Often people would automatically label getting fired unfairly as wrongful termination but that is not always the case. Losing your job will always seem unfair but there are certain legal grounds that should be complied with before it is qualified as wrongful termination.

Under the law, the following are the grounds which would constitute wrongful termination:

• Terminating employee on the basis of discrimination such as nationality, religion, age, disability, gender and other protected characteristic

• Termination of employment as a form of sexual harassment

• Breach of oral and written employment agreements

• Firing an employee in retaliation for the employee’s having filed a complaint or claim against the employer, or participated in an investigation

In case they said grounds are present and wrongful termination is later on proven by the complainant, the fired employee may be awarded damages including lost wages and punitive wages. Also, the employee may also request to be reinstated to her former position.