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Do You Have a Legal Right to File a Car Accident Claim in Southern California?

By
Sanford Kassel
0

car accident

According to a San Bernardino Sun July of 2017 article, a three-car hit-and-run accident sent five people to the hospital on a Saturday night. The victims in the crash included two infant children.
The accident happened shortly after 10:30 p.m. Deputies were called to Victoria Avenue and Base Lane where the accident happened. A total of seven people were involved in the car accident. However, Cal Fire officials said that only four people were sent to the hospital for treatment.

A red Kia Sportage and green Ford Expedition were the only two vehicles initially involved in the car accident. A third vehicle, a white Lexus, later allegedly struck the Kia as the driver and passengers tried to exit the vehicle.

The driver of the Lexus fled the scene on foot after allegedly hitting the Kia. The victims of the car crash suffered injuries ranging from minor to moderate.

At the time of the article, police were still looking for the driver of the Lexus. The article did not include whether the injured victims would file a personal injury case. A personal injury case in a lawsuit filed in civil court seeking damages, or money, for injuries sustained in an accident. Damages include:

  • Lost wages
  • Medical bills
  • Pain and suffering

When an Injured Victim has a Right to File a Claim in Southern California

An accident victim may not know if he or she has a right to file a personal injury case. For instance, a victim may worry that he or she was at fault for the accident or not be sure whom to sue. An injured victim of a car accident must meet two criteria to determine if he or she has a legal right to sue.

The first criteria involves negligence. Negligence is the failure to act as a reasonable person would in the same and/or similar circumstances. For instance, a driver would have stopped at a red light. However, a driver that caused an accident by speeding through the red light and hitting another vehicle or a pedestrian has not acted reasonably, as can be considered negligent. The latter driver would have failed to act as a reasonable person would in the same and/or similar circumstance.

Negligence is the foundation of any personal injury claim. In California, the other party involved in the car accident must be at least partially negligent for a victim to sue for damages.

The Second Criteria to have a Right to Sue Involves Sustaining an Injury in a Southern California Accident

A car accident may occur and a driver or passenger may not sustain any injury. It may be a minor fender bender that leaves no car damage, too. Typically, in those situations, a person does not have the right to sue the negligent driver.

The goal of a personal injury claim is to recoup damages sustained in an accident. If there are no damages, there is no need to file a lawsuit. Therefore, the second criteria involves an individual being physically injured or having property damage to sue.

Contact the San Bernardino car accident attorneys of Sanford A. Kassel, A Professional Law Corporation for assistance with your injury claim.

For help getting the money you deserve, contact us. We will work hard for you and get you the money you need. Contact us.

Cotton Candy, Farm Animals, Ferris Wheels and Vehicle Registrations

By
Rob Collier, California Drivers Advocates
0

Typically when we think about the County Fair, we think about carnival rides and games, livestock, fried deserts and fun, but not handling our current DMV transactions. Well, California DMV is changing that notion and the way we complete common DMV transactions in the future may be easier and more convenient than ever.

Earlier this year the California DMV had announced and implemented their “DMV Now Self-Service Terminals” which were placed in grocery stores, college campuses and other retail style locations. These kiosks were aimed to reduce traffic and workflow in local DMV offices and to provide an easier option for California drivers to process simple and common transactions such as renewals.

In a recent press release, the California DMV announced that they will have the self service terminal available at the San Diego County Fair. The terminals will be in the general exhibit hall with DMV representatives to assist with questions as well as demonstrate using the terminals. The DMV is continuing to expand the locations where these permanent kiosks are placed and soon enough you may find one in your local neighborhood. For a complete list of self service terminals see the DMV’s list here.

California Drivers Advocates is a team of expert DMV Defense Advocates who represent California Drivers at the DMV when their license is at risk. Learn more about their DMV Hearing Defense here, or on their website here. You can also view general DMV Hearing Defense on www.californiadmvhearings.info.

Firework Accidents and Injuries

By
Eric Paris
0

In the build-up to Independence Day, June marks Firework Safety Month in the state of California.

Fireworks cause around four deaths a year in the United States, and each one can be avoided with a few safety precautions. Over 9,000 people are hurt each year due to fireworks, with loss of sight, lost limbs and severe burns being three common injuries.

While June is Firework Safety Month, July is the high point for firework sales. The fourth of July wouldn’t be the same without large firework displays, but what happens if injuries occur?

Common firework injuries

Burns to hands and fingers are often the most typical injuries. Many times, these burns are more serious than people think. However, more severe accidents can occur, these can include:

  •   Nerve and ligament damage,
  •   Loss of eyesight,
  •   Scars and
  •   Loss of fingers or hands.

In July 2016, a nine-year-old girl in Compton lost her left hand and fingers on her right hand in a firework accident. The girl’s injuries occurred after a group of children threw a firework at the little girl, who picked it up before it exploded in her hand.

 

California Law

California’s law on fireworks is considered by many to be quite complex. Certain fireworks, known as “safe and sane” fireworks, can be bought by the public.

However, there are more dangerous items that the state has classified as illegal. The fireworks that took the nine-year-old Compton girl’s hand and fingers was believed to be illegal due to the power they produced.

Despite being classified as illegal, these dangerous fireworks are bought in the state and shot off every year.

Other problems with fireworks

Fireworks don’t just cause injuries due to blowing up in someone’s hands or face. Fireworks can cause fires to property, homes or even to a person’s clothing.

In July 2015, illegal fireworks caused fires that took one families home near Azusa. While the family lost their home due to the fireworks that “filled the sky”, the family made it out of the house without injury.

Negligence in using fireworks

On the fourth of July, it is common for many Californians to buy fireworks for their own personal fun. But those who purchase them need to be aware of the ramifications of their use.

If you are injured due to the negligence of someone during a fireworks display, you can hold them accountable. In the end, you could file a lawsuit against the person, if you seek compensation for any medical expenses that you incur.

If you are injured due to one of the following, you have a right to seek compensation:

  •   Injured during a business or city’s firework display,
  •   Injured on someone’s private property during a fireworks display, or
  •   Injury from an illegal firework being set off.

Illegal fireworks can also result in the user’s prosecution by police.

The Paris Firm

If you or a loved one has experienced injuries due to fireworks, the Paris Firm may be able to help you receive the compensation you deserve. The Paris Firm specializes in personal injury law and can give you advice on compensation, if you have been injured. Visit our website and contact us directly. The Paris Firm is here to help with all your personal injury law needs.

 

California DMV Cracks Down on Disabled Person Parking Placard (DPPP) applications Fraud.

By
Rob Collier, California Drivers Advocates
0

In a press release on June 7th, the California DMV announced that Operation Blue Zone had resulted in the arrest of San Francisco resident, Montana Le. Allegedly Le is linked to more than 30 fraudulent applications for disabled placards. DMV investigators determined that Le had many different placards registered to his address, all under names of different persons which were signed by the same doctor. Further investigations revealed the doctor’s signatures were forged, thus making it DMV fraud.

If convicted, Le faces up to four years in prison and fines ranging from $1,000 to $10,000 per violation.

Operation Blue Zone was launched in 2014 and aimed at identifying fraud in the disabled placard application process. Since 2014, 176 cases have been opened and investigated, 50 felony cases prosecuted and 94 placards were canceled.

Aside from the investigation of fraud during the application process, the DMV also actively investigates and cites drivers who misuse and abuse placards. Last month alone, over 130 misdemeanor citations were issued in association with the abuse of disabled placards. The DMV urges people to notify them if they suspect abuse with their complaint form here.

California Drivers Advocates represents drivers at Fraudulent Activity hearings when the DMV is attempting to suspend or revoke their driving privilege. Learn more about fraudulent activity hearings the experts that help defend California drivers here.

What Are the Most Dangerous Jobs in Pennsylvania?

By
Larry Pitt
0

If you’re a reality TV buff, you already know about dangerous jobs like ice-road trucking, king crab fishing and swamp logging. Here in the landlocked Commonwealth of Pennsylvania, though, we don’t see a lot of those types of dangerous jobs. But that doesn’t mean PA workers don’t face their fair share of dangers while on the job.

The Morning Call recently listed the most dangerous jobs in Pennsylvania, based on statistics and information provides by the U.S. Department of Labor. You can access the full list here, but there were the Top 10:

  1. Heavy truck and tractor-trailer drivers
  2. Laborers and freight, stock and material movers
  3. Machinery repair and maintenance workers
  4. Plumbers, pipefitters and steamfitters
  5. Landscapers and groundskeepers
  6. Nursing assistants
  7. Stonemasons, blockmasons and brickmasons
  8. Registered nurses
  9. Light truck and delivery drivers
  10. Construction laborers

The jobs made the Top 10 list not only because they are physically demanding, and require the types of actions that might lead to serious injuries, but because workers are exposed to hazardous materials that can lead to debilitating illnesses. If you work in a dangerous industry in Pennsylvania, and you sustain an injury in the course of completing your job duties, then you may be able to collect workers’ compensation benefits while you heal.

Types of workers’ compensation benefits available in Pennsylvania

The Pennsylvania Workers’ Compensation Act was first established in 1915 to help workers who sustained serious injuries during the course of their work. Over the years, the Act was expanded to include workers who developed life-threatening conditions (like mesothelioma, for example).

The types of compensation you could recover have expanded as well. Depending on the severity of your injury, and how it might affect your ability to work in the future, PA allows injured workers to file for:

  • Temporary Total Disability
  • Permanent Total Disability
  • Permanent Partial Disability
  • Disfigurement and specific loss benefits

So whether you break an arm while you’re building a brick wall, or sustain a traumatic brain injury while moving a literal ton of stock around a warehouse – or are hurt in any number of possible ways – there’s a program in place to help you.

Workers’ compensation protects employees in dangerous industries

Some of the jobs on this list might seem obvious at first glance; construction sites are dangerous places, after all. But you might be surprised by some of the others. After all, how dangerous is a job in the nursing field, right?

As it turns out, it has quite a number of risks. For example, nurses and nursing assistants engage in a number of repetitive motions every day: picking up patients, bending over to check vital signs or adjust bed rails, typing on a keyboard, etc. It is not uncommon for medical field workers to develop repetitive stress injuries over time. If the injuries become debilitating, or require surgical intervention, then the worker could be facing weeks of recovery time – time where the bills will continue to come in the mail, and the kids will continue to need shoes and school clothing and supplies, and the food is the cupboards will need to be replaced. Nurses also run the risk of being physically assaulted, of coming in contact with infectious diseases, and of slipping and falling on wet floors or in the course of emergencies.

Any they’re not the only ones: truck drivers are in constant danger from other drivers on the road as well as hazardous driving conditions; landscapers often use pesticides, exposing them to the effects of those chemicals; plumbers and pipefitters are exposed to toxic mold (and commercial plumbers work with pipes that can weight several hundreds, if not thousands, of pounds). The dangers are innumerable.

Workers’ compensation programs are necessary to help protect people who do vital work, both here in PA and around the country. They’re designed to protect workers and their families. All employees (with some exceptions, of course) pay into the system, and they have the right to file a claim for those benefits when they need them the most.

About the author

Larry Pitt & Associates is an award-winning law firm serving the greater Philadelphia area. For more than 35 years, the attorneys have provided comprehensive counsel and practical guidance to clients seeking workers’ compensation benefits and Social Security Disability benefits, and to individuals seeking to file a personal injury claim.

What are the Penalties for DUI/DWI Driving in California?

By
The Fearless Advocate Team
0

Impaired driving — also known as driving under the influence (DUI) or driving while intoxicated (DWI) —carries grave legal consequences. A DUI/DWI conviction is usually costly. Persons who are convicted of the offense may have to pay large fines, give up their driving license, or even serve jail time.

In this article, we will shed light on the penalties for DUI/DWI driving in California. You should get help of an experienced DUI attorney in San Bernardino to know more about penalties regarding your case.

Drunk Driving Penalties in California

The penalties for DUI differ depending on the circumstances surrounding the arrest. Two important factors that determine penalties served for a drunk driving offense in the Inland Empire include the following:

  • Whether a person had received a conviction for drunk driving within the past 10 years
  • Whether drunk driving resulted in a bodily injury or death

Assuming there is no bodily injury or death, the DUI/DWI conviction is considered a misdemeanor. In such a situation, the maximum penalty for a first DUI conviction in Inland Empire is $1,000. In addition, the convict may also have to pay more than $2,600 in penalty assessment, face six months’ jail time, and a license suspension of up to ten months depending on the alcohol level when caught driving under the influence. The vehicle can also be impounded for 30 days and the driver may be required to install an ‘interlock’ breath device that costs around $800.

For a second conviction, again assuming there is no injury or death, the maximum penalty is $1,000 (including $2,600 in penalty assessment), a jail time of up to a year, and a license suspension of up to two years. Also, the vehicle can be impounded and the driver may be required to install an ‘interlock’ breath device at their own expense.

The maximum penalty for third and subsequent convictions include a fine of up to $5,000 (plus $13,000 in penalty assessment), a jail time of up to 16 months for fourth and subsequent offense, revocation of driving license for three to four years, and impoundment and even forfeiture of the vehicle.

What are the DUI/DWI Penalties if Someone is Injured or Killed?

If someone is injured or killed, and a blood alcohol level of more than 0.08 percent is found, the driver will be charged with a felony. The penalties are more severe and can result in anywhere from one to five years in prison apart from the fines. In addition, the convict may have to face a personal injury case brought by the injured party.

If you have been arrested for suspicion of DUI in Fontana, or elsewhere in San Bernardino or Riverside County you should immediately consult a professional DUI defense attorney. Our Inland Empire DUI/DWI defense lawyers can provide you with expert counsel regarding your case. We can help you in lessening the charges so that you don’t face grave difficulties due to the offense

 

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