Bicyclist Hurts Head and Arrested for DUI

Nov 24

Los Angeles LawyerBicycle Accident, Personal Injury 1 Comment

The California Highway Patrol has arrested a bicyclist for driving under the influence (DUI) after the man allegedly fell off his bike while riding along Highway 247 at Handley Road.

The accident occurred at 9:35 a.m. and the bicyclist, Donald Millard, suffered a fractured skull and brain hemorrhage after crashing. The authorities arrested him and released to the hospital for treatment.

According to Officer Eric Brewer, the 49-year old Yucca Valley man was so intoxicated that he fell off his bike and cracked his head.

While the fatality numbers for bicycle accidents aren’t that high – merely 2 percent of motor vehicle-related deaths are bicyclists, statistics from the Insurance Institute for Highway Safety (IIHS) show that as much as 24 percent of all bicyclists killed in 2006 were legally drunk or had a blood alcohol concentrations (BACs) at or above 0.08 percent.

Serious injuries are more common than death in bicycle accidents. As bicycles do not have airbags, seatbelts, or walls that can protect its riders from the impact of the crash, the injuries most commonly sustained by bicyclists include:

•    Head injury
•    Fractured Clavicle
•    Concussion
•    Broken bones
•    Skin abrasions and road rash

To avoid bicycle accidents and embarrassing arrests like DUI – it would be advisable for bicyclists to ride carefully and follow traffic laws and rules on the road. Further, as 91 percent of the total of bicycle accident fatalities were not wearing helmet and head injuries is the leading cause of death, don’t forget to wear a helmet.

Wearing a federally-approved bicycle helmet may improve a bicyclist’s chances for survival, but often, it does little to prevent an accident especially if it was caused by the negligence of another person or motorist.

Under such circumstances, the injured bicyclist may sue the latter for damages unless the accident was caused by the own fault or negligence of the bicyclist.

Tragic Consequences of Impaired Driving

Nov 19

Los Angeles LawyerUncategorized 1 Comment

Generally, road accidents are caused by several factors but when a driver is drunk or drugged, the possibility of getting into an accident is high. Driving under the Influence (DUI) of alcohol or drugs constitutes impaired driving which can potentially lead to accidents and injuries.

Worst of all, DUI-related accidents are often serious or fatal. Federal statistics show that accidents involving drunk drivers usually end up tragically. In fact, nearly 25, 000 people die in alcohol-related accident each year while almost 74,000 people suffer from serious injuries from these accidents.

Although this violation is common occurrence, statistics show that incidents of drunk driving relatively increase during holidays such as Thanksgiving or Christmas. Taking this factor into consideration, in addition to other factors such as weather and road conditions, a fatal accident is likely possible.

Take the case of the Isaac Longo, a 33-year old man from Placentia who drove while intoxicated and drugged and caused a five-vehicle crash on 91 Freeway on November 2007. Due to his negligent actions, a woman was killed and four others were seriously injured.

The news report said Longo admitted having smoked marijuana and taken prescription drugs before driving his pickup on that fateful day. Traveling at the speed of 70 mph, he tried to make his way through rush-hour traffic on the freeway. But he lost control of the wheel and slammed into a sedan, killing the sedan’s 82-year old passenger instantly.

Last Friday, the court sentenced Longo to 15 years to life in prison for one count of gross vehicular manslaughter. His penalty was worsened by two prior DUI convictions.

DUI violations are both civilly and criminally penalized. Under the law, victims of DUI-related accidents can recover compensation for damages which include medical expenses, loss wages, and other non-economic damages. A DUI offender, on the hand, may face penalties which range from suspension of driving license to imprisonment, depending on the issues.

This case is merely one in the thousand cases which point out the many tragic consequences of impaired driving and brings the worn-out message that drinking and driving just don’t mix.

Tips to Avoid Thanksgiving Accidents

Nov 12

Los Angeles LawyerUncategorized No Comments

The Thanksgiving holiday is a time to give thanks for blessings and rejoice in the company of family members and friends but for some people, cheers and celebration quickly turn into a trip to the hospital after an accident.

Aside from the obviously increased risk for motor vehicle accidents during Thanksgiving, fire accidents are actually very common during this holiday.

Because the occasion calls for a lot of food, the kitchen becomes a potentially hazardous place because of all the cooking activities.

According to State Farm, more cooking fires occur on Thanksgiving than any other holiday or day in the year. More than 160 damage claims related to Thanksgiving cooking accidents have been reported in the last 5 years. Further, the National Fire Protection Association reported that 57 civilian injuries per 1,000 reported home fires happened during thanksgiving preparations. Obviously, it isn’t just the turkey who gets cooked for the occasion – even people suffer burn injuries because of fire accidents.

Here are some tips you should take note of to avoid fire-related accidents during the occasion:

•    Do not wear loose clothing while cooking as it may catch fire.
•    As most fire-accidents come from deep-fryers, keep it away from moisture and take it outside, away from walls, fences and other structures when deep frying a turkey.
•    When cooking, do not leave the kitchen especially while frying and grilling.
•    Install a fire detector in the kitchen to be aware of something is getting burned.
•    Keep flammable objects such as food wrappers away from the stove or other hot surfaces.
•    Do not leave children unsupervised in the kitchen and keep them away from fires or hot surfaces.

Also, remember, when throwing a party and alcoholic beverages are available, make sure your guests has a designated driver or at the very least, the number of a cab once it’s time to go home. This way, you can ensure that your Thanksgiving celebration will be free from the trouble or danger of DUI.

Just make sure to follow these tips in order to have a happy and healthy Thanksgiving celebration. Happy Thanksgiving Day!

New Whistleblower Law Passed: Dodd-Frank Wall Street Reform and Consumer Protection Act

Nov 05

Los Angeles Lawyerwhistleblower law No Comments

Whistleblowers, despite several laws that provide them with rights and protection, are still in a disadvantageous position because it often comes down to “one versus an entire company”.

But because men and women who are brave enough to report crime and illicit activity in corporations is badly needed in today’s society and not just where government procurements are involved, a new law has been passed by the Obama administration: the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The new law was passed to overhaul a heavily burdened Federal financial regulatory agencies as well as the US financial services industry. Some of the changes this law will implement, aside from encouraging and rewarding civilian participation (private individuals who are whistleblowers) include the following provisions:

•    The creation and streamlining of agencies that would identify threats to the financial stability of the United States, promote market discipline, and respond to emerging risks to the financial system’s stability
•    Monitor all aspects of the insurance industry
•    Advocate and ensure transparency and accountability in the Wall Street
•    Increase investor protection and authorize “point-of-sale disclosure”
•    Creation of the Bureau of Consumer Financial Protection who shall regulate consumer financial products and services in compliance with federal law
•    Regulation of hedge funds or other similar investment intermediaries

Had this law been in place before the infamous Ponzi scheme blew wide open, thousands of investors who were defrauded billions of dollars could have been spared.

The provision on whistleblower protection of the law is modeled after the False Claims Act as it also allows whistleblowers who report fraud to share in any government recovery. As Dodd-Frank is designed to dig out out financial fraud and crimes, its whistleblowers who report to the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC) can receive 10 percent to 30 percent of whatever penalty or fine is imposed against the corporation if more than $ 1 million.

As whistleblowers risk a lot coming forward with their claims against a company’s illicit activities, they also have the option to hire legal counsel to assist them. A lawyer will not just help the whistleblower in the investigation and framing of the facts and issues –  reporting of said fraud or crime can also be made by the whistleblower through counsel.

Further, as the monetary award from the recovery is left up to the discretion of the SEC and CFTC, having a lawyer can certainly help the whistleblower ensure that he gets the compensation he deserves for his bravery and sacrifice.

Judge Allows 4-Year Old Girl to Be Sued in Fatal Bicycle Accident

Nov 03

Los Angeles LawyerBicycle Accident, General Negligence, Personal Injury Bicycle Accident, injury, negligence No Comments

A Manhattan Supreme Court judge recently ruled that a child, specifically, a 4-year old girl can be sued and held liable for negligence.

The controversial decision stemmed from a case filed by the family of an 87-year old woman, who died shortly after the said little girl struck her on the sidewalk while riding on her bicycle with training wheels.

Allegedly, Claire Menagh was walking in front of the building when she was struck by the 4-year old Juliet Breitman and her playmate who were racing under the supervision of their mothers. In the complaint filed, Menagh suffered serious injuries as a result and had to undergo surgery for her fractured hip. The octogenarian died 3 months later of unrelated causes.

The estate of Menagh sued the children and their mothers for having acted negligently and causing the crash. Although the attorney for the little girl claimed that Juliet was too young to be held liable for negligence, Justice Paul Wooten of State Supreme Court in Manhattan found otherwise.

Justice Wooten cited cases as far back as 1928 for his decision – and though he ruled that Juliet Breitman may be sued for negligence, he did not necessarily judge her to be liable. His ruling merely permitted that a lawsuit be brought against the girl, her playmate, and their mothers.

In his decision, Justice Wooten reasoned that while jurisprudence states that infants under the age of 4 are presumed incapable of negligence, as Juliet is over the age of 4 when the accident occurred, the rule does not apply. Further, he stated that any “reasonably prudent child” even under the supervision of a parent, should appreciate the danger of riding a bike into an old lady. He also wrote that, “A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior.” Wooten however noted that the child cannot be held accountable for the accident, if such risky behavior was encouraged by the parent.

Thus, as there is no indication the parents “encouraged” such risky behavior or that Juliet lacked the intelligence or maturity to understand the dangers of her actions, a complaint for negligence against her may prosper.

While the decision is controversial – the basis is sound. Under Civil and Tort Law, when a person causes injury or damage to another because he/she failed to act as a reasonably prudent person should do to protect another from foreseeable risks of harm, the negligent party can be held liable for negligence.

Proving negligence however, isn’t cut and dried and other factors may come into play (such as the victim’s own contributory negligence), so legal advice should be sought if you plan to file a claim for negligence or are accused of being negligent yourself.