Tuesday, October 23, 2007

An Increasing Concern to Road Safety

Because of the tremendous efforts made by the governments and other public and private institutions in promoting road safety, more Americans buckled up and worn their helmets this year. U.S. Transportation Secretary Mary E. Peters said “Our efforts are resulting in more Americans taking interest in their own safety and wearing seatbelts and helmets more,” “We will continue to focus on this important issue as long as people are dying on our roads.”
It is said in a survey that the number of seatbelt users has increased by 1.2% now totaling 82.4% from last year’s 81.2% of all the motorists using our roads. Meanwhile, helmet users also increased by 7%, now 58% from last year’s 51%.
This is quite a positive news for all and we should be thankful to those who have given their efforts in campaigning the compulsory use of these safety gears. This means that more people have been concerned on their safety – that more drivers have been law-abiding citizens. If these increases continue every year, more and more people will also be saved from serious injuries and even death.
Now, let me remind those who still refuse to wear seat belts and helmets. No one knows when an accident will happen. It is better to be prepared for such occurrences since we only live once. As I have said, following the laws may save your lives, so just follow it. It is better to be safe than being sorry at the end.
In numerous cases, many lives have been terribly affected by road accidents because of the victim’s failure to wear these gears. Instead of dying, they should have lived and only sustained injuries from their accident involvement.
However, if you or someone in your family have been injured or killed in a road mishap because of somebody’s irresponsiveness, you just have to consult a competent litigation attorney who has the credibility in handling accident cases. This is to at least recover suitable damages from the liable party.

Friday, October 19, 2007

New Laws to Crackdown Road Accidents

The California State government and legislation has done it again. Five beneficial bills that aims to crackdown on DUI and underage drinking was signed into law. These reinforced the prevailing laws that cover DUI to deter drunk drivers from operating their vehicles and to increase the punishment for minors who will be caught drinking liquors and furnishing fake ID’s.
Gov. Schwarzenegger said in his speech, “As leaders of this great state it is our responsibility to do everything we can to make sure our citizens are safe. These bills protect public safety because they provide important tools to law enforcement and prosecutors that will make people think twice before they get behind the wheel and place innocent people in harm’s way. They also take important steps to help ensure that no one who is underage can get their hands on alcohol.”
This positive performance of our government should be highly commended. As you can in everyday news, traffic accidents mostly happen due to the irresponsibility and negligence of some drivers. I only hope that they will also implement laws to target racial discrimination in the workplace.
Anyway, we citizens deserve a safer place to live and to ride. If these new laws have been strictly implemented, we may all hope that these illicit drivers will be drawn away from our roads. In addition to this, our chances of being in a DUI car accident will be reduced.
On the other hand, for those who have already been injured or killed due to reckless driving, I do suggest that they take all their legal options and file charges against the other party involved. This is to obtain justice and possible restitution for their incurred sufferings. A number of law firms in California, offering their legal services for those who need help. You just need to search for one that provides the best offer.

Wednesday, October 10, 2007

Medical Malpractice Victims Deserve Their Quality Lives Back

My wife is a special education teacher so for years of weekday afternoons I’ve been regularly around children with disabilities. I too am a father, and as I speak with their parents – those who watch their kids crawl into development - I tend to feel their anguish. This motivates me into dedicating my legal practice to the rights of these parents and children. I give useful information and legal advice to further their steps closer towards justice.
According to this article authored by Rice & Bloomfield, birth injuries occur in approximately 7 out of every 1000 births, and most of these are neurologic – that which involves brain or nervous system function. Through the process of child delivery, an infant may suffer medical mishaps which may result in serious developmental issues or even a casualty.
A doctor’s use of forceps or some type of vacuum extractor during birth of a child can cause damage to the brain, nerve and bruises which could only be corrected through surgical treatment. This can cause autism, forcep bruising, and facial paralysis. Prolonged or delayed labor on the other hand can cause cerebral palsy.
Medical malpractice affects the entire lives of not only the child but also the devastated parents’. A medical malpractice claim serves as a plea for just compensation, maybe for retribution, but mainly for deterrence.
Precious lives are in the hands of doctors. While it is true that the human physiology understandably has control of its own, a certain degree of care is still demanded from doctors and it’s good to know that medical malpractice lawsuits consider “good faith defense” absolutely null and void.
If you are a victim of medical malpractice, you may seek for a California lawyer to assist you in receiving just and fair reparation. It is possible for parents and children to acquire necessary help and corrective measures; it comes not only in monetary damages but can also be in the form of round-the-clock therapy which will greatly improve their quality of life.

Tuesday, October 9, 2007

Third Party Insurance Claims Eliminated to the Detriment of Indirect Victims

California law limits the liability exposure of California insurers from bad faith arrangements by eliminating the right of third party claims. This means that with exceptions, a defendant’s insurer cannot be sued without contractual relationship regardless of how affected the third party is by the insurer’s atrocious conduct. First party claims remain viable: this article http://www.righthandfirm.com/blog/ sets forth California Insurance Code Section 790.03 which states in part the unfair practices of insurers.
An example of this is my client, Janine’s claim for damages. Janine is an 18 year old theater performer in Los Angeles. This year, her production company decided to sponsor a big theatrical play, “The Lion, the Witch, and the Wardrobe” and Janine was chosen to portray a major role, Lucy Pevensie. She was ecstatic! The event was supposed to be launched this July 12 but due to unfortunate events, the opening play was postponed.
Janine and the rest of the production team rigorously prepared for the show for five months, six times a week, almost 24/7. There is no way the show could go wrong. In the night of July 10 on her way home however, Janine, standing by the pedestrian side walk, was hit by a reckless car. She was unconscious and was rushed to the hospital by her actor friends. The driver was proven to be under the influence of alcohol.
Janine not incurred fractured limbs and legs; she also was unconscious for a number of days. Janine was uninsured so until the negligent driver’s insurance company pays for her claims, her father had to bear all the medical expenses on his shoulders. The production company was also devastated as they had to cancel their shows.
Janine couldn’t act on the complaint immediately and file for damages during her unconscious state. Her father’s funds were drying up and he had to rely on the negligent driver’s insurance to cover up for his daughter’s medical expenses. Janine’s mother also suffered from depression seeing her daughter in a state of unconscious injury. The production company also wants to seek damages for their lost opportunity.
These third party claims were put on hold as Janine was the only party who can assert insurance claims. Until she regained consciousness, her family and production company couldn’t push through with the case. I as her trial attorney exhausted all means to give them due justice but procedural law is a tough
This law that limits liability of insurers may actually reduce bad faith claims from the insurers but in perspective, it’s inclined to favor insurers more than facilitating justice. It’s disheartening especially since insurance industry’s bad faith practices are becoming more apparent and rampant these days.