Two Passengers Injured in Trolley and US Postal Van Collision

In San Diego, two people were injured and had to be taken to the hospital after a U.S. Postal Service van crashed against a trolley.

The collision happened at Park Boulevard and G Street just before noon. Allegedly, traffic at G Street was stopped and the trolley had the green light when the mail van barreled right into it.

At least two passengers of the trolley were injured – a man in a wheelchair and a woman who was standing up inside the trolley when the crash occurred. The female driver of the van was reportedly uninjured.

There are many reasons why train/trolley accidents occur such as negligence on the part of the train operator/engineer/conductor, mechanical failure, derailment, lack of sufficient signals and guards, and collisions with pedestrians and other vehicles.

It is noticeable however, that most train collisions occur due to human factors. For example, the deadly train collision in Chatsworth happened when the engineer failed to stop at a signal because he was texting while on duty.

In this instance however, the trolley had the right of way at the time the collision occurred because it had the green light.

The US postal van on the other hand, did not have the right of way. It was the only vehicle that failed to stop long enough for the trolley to pass through. The driver was negligent when she failed to yield to the trolley had the green light is the proximate cause of the crash.

Under the law, a person’s negligence which causes injury to another rightfully gives rise to a personal injury claim. The trolley passengers, if they were suffered damages as a result of the accident may sue for compensation against the driver of the van and since trolleys are considered common carriers, also the operator of the trolley as negligence is often presumed on the part of a common when an accident occurs.

However, the liability as to injuries resulting from a trolley and van collision can be difficult to determine. It is advisable that victims seek the assistance of an expert personal injury lawyer who can effectively represent their claims.

Likewise, for personal injury claims in California, there is a statute of limitation of 2 years for filing a lawsuit so hiring the services of a personal injury lawyer should be a priority in case victims of train collision accidents want to recover damages.

$16.5 Million Dollars Awarded to Patient Who Became Paraplegic

In Riverside, California, the jury has awarded $16.5 million in damages in a medical malpractice suit due to negligence after a man was left a paraplegic in an off-road accident in November 2003.

The jury found Palm Springs neurosurgeon, Christopher Pham negligent in his treatment of Trent Hughes who was left unattended and unseen until the next day and was only operated on two days later even though he had a fractured spine.

Hughes and his wife sued the hospital and Pham for past and future lost earnings, medical costs and damages for pain and suffering. Two years ago, the spouses settled with the hospital for an undisclosed amount.

Medical malpractice lawsuits, are one of the most complex civil lawsuits to litigate as it can be very hard to prove as it involves the technical aspect of your treatment and that doctors and hospitals will likely fight tooth and nail against the claim.

However, there are three essential elements in any medical malpractice claim which can make or break your case and all these must be present so your claim will prosper:

• There must be significant injury incurred by the patient

• The doctor or hospital staff performed in a way that was not up to the standard of care expected from such a medical professional, or that there was negligence

• The lack of care or medical mistake directly caused the injury suffered by the patient

Now depending on how severe the injury is, medical malpractice claims involve the following damages:

• Medical Expenses both present and future
• Cost of Permanent Medical Care
• Loss of wages
• Future Lost Earnings
• Pain and Suffering
• Punitive Damages

Take note that as previously mentioned, medical malpractice is difficult to litigate so getting a lawyer who can effectively prepare and present your case is the key to success. Unlike car accidents where the effect can speak for itself, medical malpractice claims often require the opinion of experts in the field and lawyers who specialize in medical malpractice are better equipped to prosecute your claim.

Millions More Recalled by Toyota for Defective Gas Pedal

Most motor vehicle accidents are caused by driver errors but there are also incidents wherein auto defects are to blame for fatal car crashes.

Following the deaths of a CHP officer and his family, car-maker giant Toyota has launched the recall of millions of affected models said to have “unsecured floor mats” which cause unintended accelerations.

Some 4.2 million vehicles recalled later, Toyota has recently announced another massive recall in order to fix accelerator pedals with mechanical problems. The gas pedal mechanism can potentially get worn down and this may cause the accelerator to get harder to press, slower to return or even stuck.

Since Toyota’s first recall, the National Highway Traffic Safety Administration has received 100 reported accidents, wherein 17 crashes and 5 fatalities are suspected to have been caused by defective floor mats and accelerator pedals in Toyota vehicles.

The latest recall made by Toyota involves the following car models:

• 2005-2010 Avalon
• 2007-2010 Camry
• 2007-2010 Tundra
• 2008-2010 Sequoia
• 2009-2010 RAV4
• 2009-2010 Corolla
• 2009-2010 Matrix
• 2010 Highlander

At present, the Japanese company with a previously sterling reputation, is working on a solution to the accelerator pedal problem. However, the problematic gas pedal system came from a single supplier. Toyota is quick to shoulder responsibility when Toyota spokesman John Hanson said, “"Responsibility for this in the end is ours."

Indeed, motor vehicle defect liability falls squarely on the shoulders of car manufacturers. There is a warrant of safety and quality that once a car is sold on the market, consumers can expect to be safe with the purchase.

In the event that a car crash accident occurs because of auto defects, car owners have every right to hold car manufacturers or auto parts suppliers liable in a product liability lawsuit.

Property Damages in Ventura Maybe caused by Tornado

Witnesses believe that a wind funnel that caused massive property damages all over Ventura County is a tornado though it is not yet confirmed by the National Weather Service.

Lifting a car atop a tree and boats have been knocked off from trailers are just some of the incidents caused by recent fierce winds in the area which a meteorologist called a “microbust” which is a form of wind gust.

Though no one was reportedly injured in the incident, owners must secure their property so that they would not be burdened with the expenses for the repairs and replacements of the damaged property.

Police Chief Resigns Amidst Charges of Discrimination and Retaliation

Following the $30 million legal battle over the alleged discrimination and retaliation committed by the Montebello police chief against his officers, Police Chief Dan Weast resigned recently.

Last October, several police officers filed a complaint against Chief Weast, which claimed that he discriminated against qualified minority candidates and only promoted his friends as well as other officers who belonged to an “all-white” group called Mahan’s Marauders.

Morale has dropped low within the department and there was even a 90% vote of no confidence in the police chief issued by the Montebello Police Officers Association.

The suit filed by the officers against Weast is seeking $30 million in damages although the amount has been reduced to less than a quarter of it following talks over the settlement.

Following the same laws that prohibit employment discrimination based on gender, race, color, religion and disability, employers are likewise prohibited from retaliating against employees who have validly complained discriminatory practices or labor violations.

An employer may not fire, demote, harass or otherwise "retaliate" against an individual for:

• Filing a charge of discrimination
• Participating in a discrimination proceeding
• Opposing discrimination or unlawful practices
• Requesting accommodations related to employment discrimination
• Refusing to obey an order reasonably believed to be discriminatory
• Threatening to file a charge of discrimination

There is retaliation against the employee who complained when he or she is subjected to adverse actions such as denial of promotion, termination, harassment, or even filing groundless cases against the employee to intimidate or coerce the employee into foregoing the action against the employer.

While $30 Million worth of damages may seem exorbitant, employers found guilty of discrimination and retaliation against their employees will be held liable for compensation which may include back pay, front pay, policy changes, actual damages, damages for emotional distress and punitive damages.

Fire Burns Mobile Home in Chula Vista

Authorities are investigating the cause of the fire that consumed a mobile home in Chula Vista.

At least 6 fire vehicles responded to put out the fire and prevent it from spreading to the other residences.

The incident occurred at a mobile home park in Broadway and was reported at about 1:30pm.

At least one person was treated for smoke inhalation.

Hopefully, the owners have an insurance that includes property damage coverage.

To make a property damage claim, the owners should inform their provider immediately to avoid any problems with time limits.

They should also get at least two estimates for either repairs or replacements.

The owners should also hire the services of a property damage attorney to guide them through the process and to ensure that they get the right amount of compensation from the insurance company.

Beef Possibly Contaminated by E. Coli Recalled

Food manufacturing companies are expected to produce quality foods that are safe eating to eat. Product recalls may be initiated if it was proven that the company has failed to fulfill such duty.

About 864,000 pounds of ground beef, possibly affected by E. coli, were recently recalled by a southern California meat-packing firm.

According to the Department of Agriculture’s Food Safety and Inspection Services, there were no reported illnesses from the pound beef sold by Montebello based Huntington Meat Packing Inc., under the Huntington, El Rancho, and Imperial Meat Co. brands.

The contaminated beef was already sold to restaurants, hotels, and distribution centers in California between Jan. 5 and Jan. 15, 2010 and Feb. 19 and May 15, 2008.

Reports said that department personnel noticed the problem while a food safety assessment is being conducted.

If the department did not discover the problem and the infected beef was made available for public consumption, people may suddenly suffer from dehydration, bloody diarrhea, or even kidney failure due to the deadly germ that the food might be contaminated with.

All food manufacturers should carefully do their job because they may be held liable if someone acquired an illness after eating a contaminated food produced by them. In addition, being extremely careful while manufacturing a certain kind of product, not limited to foods, will save the company from different legal problems that may be brought by product recalls.