Archive for the ‘Personal Injury’ Category

Riding in the Car with Dogs: Dealing with the Distraction

Tuesday, August 31st, 2010

In America, many people have pets, especially dogs. The Human Society of the United States reported that, in the US alone, there are approximately 77.5 million pet dogs based on the 2009-2010 National Pet Owners Survey.

Given how much owners love their pooches, it’s no surprise that people would want to take their pets around and even put them in cars. In fact, a recent study from the AAA Foundation for Traffic Safety revealed that more than 80 percent of all dog owners take their pets with them in the car.

While it’s good to spend time with your pet, it may not always be safe.

The AAA found in the study that unrestrained dogs in cars are a dangerous distraction just like talking or texting on the cell phone. What’s even more alarming is the fact that most of these drivers who take their pets with them do not safely restrain them.

Further, more than two thirds revealed that they pet or even play with their dogs while driving and as much as 1 out of 5 drivers even let their pet ride on their lap while on the road.

This driver behavior puts at risk not only the life of the pet but also that of the owner or any other passenger in the car. Aside from the obvious danger an unrestrained pet would face if the owner would suddenly slam on the brakes while going at a high rate of speed, the distraction can prove to be fatal.

A prominent plastic surgeon was recently in the headlines for having died in a solo vehicle crash in Malibu. Aside from allegedly posting a Twitter message right before he died, he also had his dog in the passenger seat when he drove off the road.

As driving is a skill that requires both hand and eye coordination and a driver’s complete attention on the roads, dogs inside cars – especially those which are unrestrained – are both a danger and a distraction to drivers.

If you want to avoid getting into a car accident while driving with your pet and minimize distractions, here are some tips you can follow:

  • Strap in or use a safety restraint on your pet. There are various types of dog restraints and special seats that can be connected to seatbelts which are available to the market.
  • Do not put your dog on your lap while driving.
  • If riding with your pooch is unavoidable, aside from safely restraining him in the seat, avoid playing or petting him.

Dennis Rodman Worms Out of SUV Rollover Crash Unscathed

Tuesday, August 3rd, 2010

Controversial NBA star and former defensive player of the year, Dennis Rodman was involved in a rollover crash near Fort Lauderdale in South Florida during the weekend.

Rodman, who was a passenger in a Land Rover SUV, was on Interstate 95 when one of the vehicle’s tires blew out. It was reported that the SUV rolled over three times and that Rodman had to be pulled out from the vehicle.

He and the other passenger suffered no serious injuries, although Rodman allegedly had a scratch on his finger. The driver of the SUV was taken to a local hospital after suffering head injuries.

The Florida Highway Patrol will not be pressing any charges for the solo vehicle crash.

Lucky for Rodman, he was able to worm his way out of serious physical injuries in the rollover crash. According to the Insurance Institute for Highway Safety (IIHS), while rollover crashes account for less than 3 percent of all crashes, its fatality rate makes up for more than a third of passenger vehicle occupant deaths.

In fact, last 2008, of the 25,428 passenger vehicle fatalities, 9,023 died of them died rollover crashes.  Rollovers are particularly dangerous because of an increased risk of injury or death due to partial or full ejection from the vehicle.

While SUVs and pick-up trucks are particularly vulnerable to rollover accidents, there are many factors that can cause one, here are some of them:

  • Loss of control over a vehicle
  • Tripping over objects while turning such as curb, guardrail, tree stump
  • Making a turn too aggressively
  • Being struck on the side by another vehicle
  • Vehicle defects such as blown tires

Obviously, while there are some rollover crashes that are just “accidents” such a tire blowing out while making a turn, there are some that are caused by the reckless operation of the motor vehicle or negligence of the driver.

In such instances, especially when there are parties which are hurt or killed because of the fault or negligence of the driver, he may be held civilly and criminally liable for the accident. Occupants of the vehicle or motorists may file a personal injury lawsuit or a wrongful death lawsuit as the case may be through a car accident attorney who is experienced in handling rollover vehicle accident claims.

Mayor Antonio Villaraigosa Breaks Elbow in Bicycle Accident

Tuesday, July 20th, 2010

Los Angeles Mayor Antonio Villaraigosa was recently involved in a bicycle accident and ended up with a broken elbow.

The mayor, who is an avid bicyclist, was riding his bike down to the beach when a cab cut him off in the Venice Boulevard bicycle lane. He fell from him bike to avoid hitting the cab and injured. Fortunately, he was wearing a helmet when he crashed and avoided getting severe injuries since he hit his head first.

He was taken to UCLA Ronald Reagan Medical Center for treatment. His security officers let the cab driver go after taking his information.

According to the mayor’s office, no charges will be filed against the cab driver but claimed that the driver wasn’t careful and moved without using a signal.

Riding a bike isn’t just for leisure or exercise, these days, a lot of people use bicycles as their main mode of transportation to save up on gas expenses and avoid traffic. Bicycles are now one of the most popular means of transportation, so motorists have to get used to sharing the road with them.

Unfortunately, despite the fact that bicyclists can be easily found on the road, a lot of drivers are not mindful of their presence – some would even be resentful about sharing the road as cases of road rage directed towards bicyclists have also been reported.

Under the law, drivers are bound to exercise due diligence on the road to avoid causing any injury to others or damage to property. Among the duties this diligence entails would require a driver to:

•    Drive at a reasonable speed
•    Follow traffic rules and signals
•    Wear a seatbelt and use child safety restraints
•    Drive without impairment (drowsy driving, DUI, texting while driving)
•    Respect the right of way of others
•    Signal before making a turn

Failure to follow such may not just give rise to a traffic citation, it may also cause an accident as exemplified by what happened to Mayor Villaraigosa. If you are a bicyclist, while you have every right to be protected on the road, do not always expect drivers to be on their best behavior. Always wear a helmet, practice defensive bicycling, and always be aware of your surroundings. In the event that you do get involved in a bicycle accident because of a negligent or faulty driver, you may seek compensation for any injuries or damage you received because he violated his duty of diligence.

$2.3 million Award to Dole Workers Dismissed by Judge

Monday, July 19th, 2010

In California, a Court of Appeals judge recently overturned a $2.3 million dollar verdict against food giant DOLE in a toxic tort lawsuit filed by six Nicaraguan men.

In her ruling, Judge Victoria G. Chaney found that fraud was allegedly perpetuated by American and Nicaraguan attorneys and had tainted the trial. It was based on 27 secret witnesses who claimed that the cases are an elaborate international scheme and that the attorneys recruited fake banana workers and manipulated medical test results to defraud the court and the company.

However, the attorney who represented the Nicaraguan men alleged that the witnesses presented by the defendant received cash payment and lavish treatment in return for testifying about the plaintiffs’ alleged fraud.

The cases which were dismissed are one of the many which claimed that DOLE’s continued use of the pesticide chemical dibromochloropropane, or DBCP caused sterility and other medical conditions. The case and verdict of Tellez vs. Dole Food Co, the first case tried in the US over the alleged toxic chemical injuries is also being appealed by DOLE.

Toxic tort cases are perhaps one of the most difficult personal injury lawsuits to litigate. Proving the connection between the exposure to a toxic chemical and a resulting injury or disease is as costly as it is challenging.

For one, the effects of the exposure to the toxic chemical can be varied and sometimes, it would take years before a worker exposed to DBCP or asbestos will find out that his health was adversely affected (sterility) or that he has mesothelioma. Further, it is very expensive to litigate toxic torts claims as not only is one oftentimes going against a huge company, you would also need to provide expert testimony from medical and scientific experts in your evidence.

However, despite the costs and challenges, one shouldn’t hesitate to pursue his toxic tort complaint. It is the duty of your company to keep its employees/workers from unsafe conditions and dangerous substances at work. Likewise, if the toxic tort is due to a harmful chemical substance in a product and the consumer was injured by it, the manufacturer shall be held liable for it.

A very important consideration you should be mindful of when pursuing a toxic tort claim is choosing the right lawyer for you. Choose a personal injury who is knowledgeable and well-versed in toxic torts cases as building a winning case would usually hinge on the legal counsel you would choose to represent you.

Twin Toddlers of OC’s Real Housewife in Pool Accident

Friday, July 9th, 2010

Looks like a real housewife might not be such a good mom after all.

Alexis Bellino from the show, “Real Housewife of Orange County” nearly lost her twin daughters in a near-drowning accident on the 4th of July. Tsk, so much for being on the cover of the magazine Parenting OC this month.

Bellino, 32, and her husband Jim 47, allegedly left their 2 ½ year old twin daughters, Melania and Mackenna unattended in a stroller near the pool at the Balboa Bay Club, to do something.

According to witnesses, the stroller rolled into the pool and a lifeguard dived in to save them. When he pulled the stroller out, only one child was still in it. Jim Bellino dived in to save his other daughter.

The little girls reportedly were fine afterwards and did not require medical attention.

In response to the accident, the father claimed that there was never any need for a lifeguard nor was any lifeguard involved.

In the United States, as many as 10 people die every day in drowning accidents. More than 1 out of 5 of these drowning fatalities involve children aged 14 years old and younger. In fact, drowning accidents are the leading cause of injury death for children aged 1 to 4 years old and 3 children die every day as a result of drowning.

If victims in drowning accidents don’t die, they end up suffering serious injuries. Some non-fatal drowning have resulted to brain damage, long-term disabilities and even put the victim in a permanent vegetative state.

Negligence is often the cause of fatal drowning accidents among children. Aside from being left unattended or unsupervised by an adult in a place with a pool, children being curious can easily amble off and fall into a residential pool if it is unfenced and the gates unlocked.

As much as it is important for parents and guardians to keep track of their children all the time to keep them safely, it is also important for pool and property owners to ensure that they may not be held liable in any drowning accident involving children.

Install a four-sided pool fence that is at least 4 feet high, additional barriers such as automatic door locks or alarms and clear your poolside area free from toys so as not to entice children to play in the area. If you have a resort, having a lifeguard at every pool can also ensure swift response if an unattended child falls in.

Drowning accidents are easily the most preventable cause of death and injuries for children. Vigilance and supervision goes a long way and so does keeping your property safe and secure for kids.