Wednesday, March 31, 2010

Hang Glider Accident Seriously Injures Man

Hang gliding is an air sport that should be taken seriously and should be done only by professionals as it can be very dangerous to a person who knows little about maneuvering the hang glider.

A 49-year-old man was said to be found unconscious in Contra Costa County after he plunged about 30 feet at the Mountain View Elementary ball field.

Though Christopher McKeon was wearing his helmet, it did not protect him from life-threatening wounds as he sustained serious head and facial injuries from the fall. He was rushed to a hospital where he immediately received treatment.

Reports indicate that McKeon launched with a group of hang gliders at Mount Diablo before he got separated and appeared to be distraught moments before plunging into the field last Sunday afternoon.

These accidents can be avoided with proper hang gliding training and adequate equipments that should protect enthusiasts in cases of having to suddenly land the hang glider abruptly.

Wednesday, March 24, 2010

Wrong-Way Elderly Bicyclist Injured after Colliding with Actor

The number of bicyclists involved in collisions today continues to rise because their presence on the roads is often ignored by drivers. Due to this danger, they are the first ones who should strictly follow traffic rules.

An elderly driver who may have disregarded traffic rules sustained injuries after colliding with a vehicle that was being driven by “Desperate Housewives” star Shawn Pyfrom.

According to reports, the elderly was moving along the wrong way in San Fernando Valley when he made a sudden turn right into the 23-year-old actor’s vehicle.

The bicyclist went down after the collision and blood may be seen on his body, said reports.

Pyfrom reportedly got out of his vehicle and tried to help the injured elderly before paramedics reached the accident area.

The man was rushed to the hospital to receive treatment for his injuries.

Reports said his condition is currently unknown.

Authorities have made no citations after the collision.

Thursday, March 18, 2010

18-Year-Old Survives Train Accident with only Minor Injuries

A man luckily survived and ended up only with minor injuries after being hit by three train cars yesterday morning.

According to a Sheriff’s Department officer, the train accident occurred at the tracks on Valley Boulevard at Puente Avenue at about 8:45 am.

The 18-year-old man apparently did not hear the train horns and the yelling of the conductor because he was wearing a headphone.

The conductor pulled the emergency brakes and was able to slow down the train to about 20 mph.

He got hit three times on the side but luckily did not get pulled under.

According to responding paramedics, the man sustained minor injuries but was coherent and able to respond to questions.

He was taken to a hospital for treatment and more tests.

Witnesses told deputies that the crossing signals and flashing red lights were functioning properly during the accident.

He was lucky that he did not sustain any serious injuries because I highly doubt that the railroad company’s insurance company would approve his personal injury claim since the accident was caused by his own negligence.

Hopefully he has learned his lesson and remembers that he almost died because of his headphone.

Tuesday, March 16, 2010

LA Pays $7 Million in Settlement to Triathlon Volunteer

The city of Los Angeles has agreed to pay $7 million in settlement to end a personal injury lawsuit filed by a volunteer in the city’s 2007 Triathlon event.

The lawsuit was filed by Steve Albala after being left a paraplegic by a motorcycle accident during the said event.

According to Albala’s lawyer Douglas Aberle, his client sustained his injuries after the motorcycle he was riding was struck by a vehicle while he was officiating the bicyclists’ part in the tournament.

Aberle claims that a traffic officer gestured for a vehicle to enter the intersection where Albala was and that resulted in the collision.

Albala was thrown about 20 feet and needed numerous surgeries to survive.

He was also hospitalized for two years.

Personal injury settlements are advantageous to both parties because each side gets something that they want.

In this case, Albala gets the money he needs for his continuous medical expenses while the city gets to end a lawsuit without having to admit guilt in the court.

Many personal injury lawsuits actually end in settlements rather than a full blown court hearing because the lawyers of each party knows that going into a hearing requires more effort, time and money.

At least in personal injury settlements, each party ends the lawsuit in terms that are agreeable to each other.

Thursday, March 11, 2010

$24.3 million Awarded to Girl in Truck Accident

A record-breaking award of damages $24.3 million was recently given by a jury to a 14-year old girl whose pelvis was crushed in a trucking accident.

The accident, which happened 6 years ago, occurred when Diana Luleidy Loza-Jimenez’ father unwittingly ran over his daughter with the truck from Freeway Transport, Inc. Allegedly, she was with her father and other family members on a long-distance trucking haul.

Judge David W. Abbot has previously found Freeway Transport liable for the girl’s injuries because the truck is considered as a common carrier under its federal trucking regulations status.

Loza-Jimenez was awarded $2.2 million for her past medical expenses, $2.1 million in future economic damages, $8 million for her pain and suffering and $12 million for future non-economic losses.

The personal injury lawsuit filed by the Loza-Jimenez has shattered Sacramento County’s history for highest awarded damages, surpassing even the $16 million dollar wrongful death case of a woman who died in a radio station water drinking contest.

Personal injury victims, whether the injury arises from motor vehicle accidents, slip and fall, premises liability, or product liability, have the right to be compensated for the monetary losses and physical pain and agony they suffer as a result of the incident.

Negligence is a very important factor to prove in all personal injury case because without which, the other party cannot be held liable for the injury. However, in case of common carrier accidents, negligence does not have to be proved – it is automatically presumed on the part of the common carrier.

Fault on the part of the common carrier’s driver or employee will not negate the liability of the owner or operator of the common carrier. In fact, the owner/operator of the common carrier is bound to exercise extraordinary diligence in the selection and training of his employees to prevent accident or injury.
Only four instances serve to exempt a common carrier from absolute liability in accidents and these are: an act of nature, an act of the public enemies, fault or fraud by the shipper or an inherent defect in the goods.

Tuesday, March 9, 2010

Rep. Eric Massa Drops Reelection Bid Due to Health Reasons amidst Sexual Harassment Allegations

Representative Eric Massa has just announced that he will not be seeking reelection after only one term in Congress.

Massa said that this due to the third reoccurrence of cancer and that his doctors advised him to tone down his intense schedule.

However, a lot of people met this announcement with skepticism as Rep. Massa is currently the subject of sexual harassment allegations. has already reported that Massa allegedly made unwanted advances toward a junior male staffer.

Massa has vehemently denied the allegations and called the claims “a symptom of what’s wrong with the city.”

He did, however, admit that he has been guilty of using “salty language” but have apologized for it.

Because of the allegations, Massa will be investigated by the Ethics Committee for misconduct.

People should reserve judgment on Rep. Massa while investigations are ongoing and the proper complaints are filed.

As of now, there are no sufficient information that would support the claim and until there are more details, the allegations will remain as that… an allegation.

The mail staffer that was supposedly harassed should file a complaint with the EEOC or file a sexual harassment lawsuit against Massa in the court so that it can be settled in the proper place and with the proper procedures.

Fish Oil Supplements Can Cause Cancer, Manufacturers Sued

Being healthy is an ideal goal for most people and for people who wanted to be fit and fabulous, regular exercise, a healthy diet and vitamins like fish oil supplements are necessary to achieve that goal.

But health buffs who have included fish oil supplements in their diet however, would be aghast to find out that at least 10 types of fish and shark oil supplements contain polychlorinated biphenyl (PCB), a toxic substance that may cause cancer.

An environmental organization, Mateel Environmental Justice Foundation sued manufacturers such as Solgar, Now Health Group, GNC, Omega Protein Inc., Twinlab and Rite Aid. The following are the products tested for PCBs:

• Nature Made cod liver oil and odorless fish oil
• Twinlab Norwegian cod liver oil and emulsified Norwegian cod liver oil
• Now Foods shark liver oil, double strength cod liver oil and salmon oil
• Solgar 100 percent pure Norwegian shark liver oil complex and Norwegian cod liver oil
• GNC liquid Norwegian cod liver oil

The lawsuit is anchored on California's Property 65 which requires that manufacturers should warn consumers about products contain toxic ingredients.

PCBs have been banned for more than 30 years ago after scientists found that exposure to the compound was linked with cancer, reproductive problems and damage to the nervous system.

Product liability does not only involve defective or dangerous cars, toys, and a smorgasbord of other goods, it also extends to medicine or pharmaceutical products. Under the law, all product manufacturers have a duty to produce safe products and protect consumers from any hazard associated with its use.

The doctrine of strict liability is applicable for defective products and dangerous drugs like fish oil supplements – this means that regardless of whether or not the manufacturer was negligent in the manufacture or design of the product, they are liable for any injury incurred by the consumer of their products.

If for example, a person who has been taking fish oil supplements for years discovers that he/she has cancer and this is attributed to taking the said medicine, the consumer can rightfully file a claim for damages under personal injury law. In case of death, his decedents may likewise file a case of wrongful death against the manufacturing company who is responsible for selling such dangerous products out in the market.

Friday, March 5, 2010

500,000 Nissan Vehicles Recalled for Faulty Brakes and Fuel Gauges

Not another defective car recall!

Unfortunately, the news speaks for itself as another Japanese automaker joins the car recall bandwagon as Nissan Motor Co. has announced that it will recall 539,864 vehicles to fix faulty brake pedals and fuel gauges.

The following are the Nissan vehicles recalled:

• 2005-2008 & 2008-2010 model year Titan pickup trucks
• Quest minivans
• Armada and Infiniti QX56 sport-utility vehicles
• 2005-2008 model year Titans
• Frontier pickups
• Pathfinder
• Xterra SUVs

Although there have been no reported accidents or injuries, Nissan is pushing through with the recall to fix the said models and even conduct a safety inspection. According to Nissan, owners of the recalled vehicles shall be notified when to bring their automobile in for repair.

The rash of car recalls is enough to make any consumer wary of buying a car. Toyota isn’t the only auto giant facing consumer backlash this year as even GM has recalled 1.3 million vehicles for power steering failure. Are cars safe these days?

Paranoid people may say that no car is safe from defects today and while it is true that most car companies have instituted recalls once, twice or even more than thrice in their careers, there is no reason for consumers and car owners to expect low quality vehicles.

Every car manufacturer has the duty to provide safe and quality cars but in the event that they are negligent and produce dangerous or defective cars, car owners adversely affected can hold them liable for product liability.

In case the dangerous and defective car causes injury or death to the driver/owner, a personal injury lawsuit or wrongful death lawsuit can likewise be filed.

Car owners or buyers need not suffer defective or low quality cars, they have every right to demand for safety and quality and be compensated for any damage they incur for their purchase.

Tuesday, March 2, 2010

Texting While Driving: Doubly Dangerous than DUI

People still continue to refute the dangers of driving while texting (DWT). Many claim that there is no substantial proof while others justify that texting is not as dangerous as driving drunk or fatigued because they’re only distracted/impaired for a few seconds.

Neal Rodriguez’ post at The Huffington Post debunks the defenses on DWT.

Distracted driving is one of the leading causes of motor vehicle crashes and for drivers who adamantly continue to text and drive against the law while pay for the consequences of the actions sooner or later.

In California, drivers convicted of driving while texting (DWT) or using a hand held phone can be fined $20 to $50. Take note however that the penalty may be increased to as much as twice the amount because of assessments.

Further, texting drivers who cause car accidents can be held liable for damages, whether it extends to injuries suffered by the other party or property damage.

DWT might not seem as dangerous as DUI but the numbers speak for themselves at how big a threat texting while operating a motor vehicle is.

Monday, March 1, 2010

Rollover Crash Kills Driver Hit by Cab

A cab driver who was trying to shift lanes at 65mph recently rear-ended an SUV driven by a 65-year-old woman who lost control of the vehicle and died after the rollover crash in Golden Hill.

The woman, identified as Phyllis Lorraine Kirk of San Diego, sustained fatal injuries when her Chevy Blazer flipped over several times before resting on its roof along the southbound lanes of Interstate 5 when it was clipped from behind by the Ford Crown Victoria.

When shifting lanes, motorists should be wary of other driver’s speed in order to avoid collisions that they will be held accountable for.

The cab driver who was trying to go to the No.4 southbound lane from the No.2 lane was questioned but was not arrested as authorities continue to investigate the accident.

Every motorist should keep in mind that they must consider other motorists’ driving behavior so that they would not be involved in any accident.