Auto Accident Lawyers to Act as Mediators

Majority of auto accident victims in California have mistaken belief that legal counsels only devote their time on defending their clients’ cases in court battles. In reality, there also auto accident lawyers in California who engage themselves in mediation practices wherein both parties – the plaintiff and the defendant – agree to enter into an alternative dispute resolution outside the usual court proceedings.

The process of mediation may start by informing the accused party of a certain complaint that resulted from the auto accident. If a positive settlement was not accomplished through a private negotiation, they may opt to select a third party to help them resolve the issue and reach an agreeable settlement for both parties.

In mediation, the agreement may be reached depending on the determination of both parties rather than the imposition or judgment of a third party or mediator. Hence, this legal exercise may benefit them since it may lessen their possible expenses in going through time-consuming court trials.

The mediator who will be agreed upon should be impartial and competent enough to weigh all the evidences brought up before giving his recommendations regarding the disputed matters. He also aid the disputants determine, clarify and deliberate on the events that have caused their arguments. Yet, he does not have the authority to compel both parties to go along with his recommendation.

In addition, a mediator has the responsibility to explain to them how other similar cases have been settled, giving both parties an idea of the probable scenario if they fail to come up with an agreement out of court. Thus, he should know how to utilize the suitable techniques that may apply in every particular case assigned to him. For that, many auto accident lawyers may serve as good mediators in an auto accident dispute or case.

However, mediation is an informal legal process that is also non-binding. This means that if in case the plaintiff involved in the negotiation may still file a lawsuit in court if he does not agree with the recommendation of the mediator.

Do You Think Airbags Have Any Importance?

I am deeply pushed to make a comment on a question raised in an article about the importance of airbags in our automobiles. It is said here that airbags intended to save lives. However, I think the author has some uncertainty on its real value and effectiveness.

You see, the automobile accident fatalities in the U.S. are definitely increasing in number for several reasons. In California alone, an average of 4,200 casualties resulted from these accidents; this does not include the number of individuals who suffered from injuries. This fact compels the government to make their move to at least lessen if not completely prevent its occurrences. Various legislation regarding road safety, such as the seatbelt law, have been enacted as a result.

I think it is a great move for car manufacturers to put as many safety functions as they can in our vehicles. The more the safety features, the lesser chances that we can incur serious injuries in case of accidents. Am I right? In fact, it is proven that these features have been effective in many accident occurrences all over the country.

Hence, the question on whether airbags, which are placed on our car’s steering wheel, contribute on our protection should not be the real issue. The real problem that we need to address is on how to strictly implement the traffic rules and not the automobile design itself. Besides, airbags only pop out in case of collisions so it should not cause any effects on our “chest”. We should focus more on how to protect ourselves on those unruly motorists rather than to have sleeker car models. That is, only if we value our lives more than our material possessions.

So if you have plans to buy an automobile, aside from your financial constraints, try to consider first its safety features above all. Remember that your safety should always be on top.

Everyone’s Chase for DUI Drivers

Another DUI driving chase happened last week in Los Angeles that resulted to severe injury of a victim. The police authority has run after a driver of an SUV who was allegedly under the influence of drugs and alcohol. However, the two-minute trail ended up in a collision after the suspect beat the red light. Full story can be found at http://cbs2.com/local/local_story_256015441.html

The increase in number of these roadway incidents is very much alarming. More and more people have been seriously injured or even died due to these illicit acts done by whom they call as “substance addicts.” The statistics illustrate that two individuals die every hour because of a DUI driving in Los Angeles and 51% percent of these occur on weekends.

Meanwhile, I must say that the government should strictly implement the laws on DUI driving to deter or at least lessen the amount of damages and number of casualties it brings. Better yet, the Congress should make a deeper look on laws that affect this issue and ratify stricter punishments for those who will defy these law statutes.

For the poor victims, I do recommend that you consult your Los Angeles Vehicle accident lawyer and ask how you may be able to recover compensation for your incurred injuries. File your charges against the wrongdoer and do not let him get away from his offense. Many times, such moves serve as a deterrent to many wrongdoing and law violations.

Finally, for the liquor drinkers around, be more responsible. Do allow alcohol to control your system. Think of the harms that you may cause if you still drive under the influence of liquor or drugs. Maybe, it is better to rest a bit before going home after a night out or yet, ask anyone who still has the capacity to drive you home if you think you cannot.

Another Round of SUV Recalls Issued by Chrysler and Honda

It is not new to many of us that auto accidents are the leading causes of injuries and fatalities not only in the State of California but also across the U.S. This is why most of the car manufacturers are making their move to ensure the quality of their products. However, there are instances wherein these car companies failed to notice some defects on their produced vehicles, the main reason why automobile recalls happen every now and then.

Recently, Chrysler and Honda issued recalls on their cars and SUV’s, which were found to have defects that could cause severe accidents, injuries and fatalities. Source: http://www.newsinferno.com/archives/1823#more-1823

Chrysler, a known car manufacturer, is withdrawing at least 300,000 of their SUVs in the market. This is due to the deficiency on its break mechanism that happens during uphill driving. The recall also includes cars with door latch and lock problems.

On the other hand, Honda announced a recall on their 2006 and 2007 model Civics because of the two complaints that they have received. These complaints stated that these car models have some problems on its wheels that might also be a possible reason for a tragic accident. The car company also reiterated that they are planning to notify the owners of these vehicles and provide free replacements on the defective parts this week.

Meanwhile, I may say that these recalls made by the car manufacturers are being done not only to protect their clients but also to protect themselves. According to the strict liability statute of the law, the manufacturers could be held responsible for whatever damages or harm that their customers have incurred due to the defects on their products.

As for those who have been involved an auto accident due to defective cars, I do advise you to consult your most trusted CA personal injury lawyer for proper guidance and representation in filing charges against the car manufacturer. This is if you want to recover damages for your incurred injuries

Gear Up and Roll Over

When I was a kid, my mom always told me to gear up properly if I want to ride my bike. Never did she permit me to travel across the highways along with those cars and other massive vehicles such as trucks. I found it annoying then… but that was more than twenty years ago when I have not yet completely understand the dangers of biking without the safety gears.

Now that I am already a California court lawyer who deals with various cases of personal injuries that involve road accidents, I am very much thankful that I feared my mom’s punishment for if not I may already be buried underneath the ground.

As a lawyer, I do believe that wearing safety stuffs to protect you from possible accident when biking is necessary. That is… even these gears are sometime irritating to wear. Unfortunately, more and more severely injured victims of motorcycle accidents are being rushed in hospitals but failed to escape from death. Most of them should have lived if only they have performed a strict precaution and wore safety gears like a helmet.

Up to this very moment, I am an avid motorcyclist. I enjoy the freedom that I feel whenever I am riding “Sophia” my big bike. However, I still fear the fact that I am still prone to accidents. Well, the least thing that I could do is to remember my mom’s words of warning – gear up properly and never ride on highways.

If may just ask, do you think it is disgusting for a lawyer like me to suffer an injury in a motorcycle crash? Who would handle my case then?

Accident Involvement by a Minor

My fellow California accident lawyer once told me in our previous conversation that he is wondering why he got hooked in providing legal services to child victims of accidents. For such, he further said that he is planning to form a group of lawyers advocating the cause of protecting the rights of these young sufferers.

Primarily, minors are not allowed by the law to file their own accident claims in California practically because they are presumed not having the proper insights yet to undergo any legal obstacle. Hence, their parents commonly do the task of making such actions for them. However, in the absence of their parents, a court duly appointed guardian may become a substitute to represent their interest.

In common, accident claims are bound by the statutes of limitation (SOL), but not in the cases wherein minors are involved. In many states in the U.S., children victims are given longer period to file their complaints. This is maybe because they will be dealing with a more complicated legal procedure.

In some states, these minors are given much time until they have reached the legal age of 18 before they may file their own personal injury lawsuits. For an instance, if a 10-year-old boy has sustained an injury from a car accident, the SOL may be suspended by the court and have the normal deadline for filing his case be set prior to his 18^th birth date.

Meanwhile, if a minor’s lawsuit has succeeded, it is very usual that his recoveries will be put in a trust fund named after him. He may only utilize this money only after he turned 18 yrs. old or as advised by the court that handled his case.

Finally, I should commend my comrade for advocating the cause of child accident victims. Many other legal professionals should follow his steps, willing to devote some of their time in protecting the rights of children without any monetary considerations.

At Last, the Congress Makes their Move on Mattel Issue

It is indeed a great decision for our legislators to have a closer look on what is really going on in the Mattel toy recalls issue. According to the recent news report that I have read on the internet (http://www.msnbc.msn.com/id/20638306/), Mattel Inc.’s Chief Executive Robert Eckert will present himself in both houses of the U.S. Congress for inquiries regarding the matter. The separate Congressional hearings are set to take place in the next two weeks after the third major toy recall was ordered by Mattel last September 4.

Mattel Inc., the largest toy producer in the world, has made three toy recalls in a little over one month. This is due to a test result that their Chinese supplier has been using undue amount of lead in their paints to cover their toys. However, there were no reported incidents of poisoning yet. Still, many speculated that if this thing was not discovered, it would cause numerous personal injuries leaving Mattel having to face a lot if personal injury claims filed against them.

In my opinion, the Congress should have taken action as early as the first outburst of complaints and uncertainties from the consumers. The customers of Mattel should know the real background of this story because it involves the safety of children. Even more, our legislators should castigate the Consumer Product Safety Commission, which is the government agency authorized to oversee product safety and recalls.

As for Mattel, this should serve as a lesson for them to be more cautious in entering into deals. Cheaper cost of toy production is acceptable only if it does not compromise the safety of our people. Public health and security are more important than gaining more income.

Finally, I think that this should be a wake up call for our leaders to limit or even cease our products importation coming from China. Maybe then, it would create an impact for them to be stricter in implementing laws on product safety and liability.