Friday, November 27, 2009

Suspected DUI driver broke his Leg after Hitting a Tree

A suspected drunk driver broke his leg after losing control of his vehicle and crashing into a tree in the center divide of the road.
The alleged DUI car accident happened yesterday morning on Mira Mesa Boulevard near Scranton road in San Diego.

The force of the crash was so great, the engine popped out of the car and landed on the westbound lane of Mira Mesa where another vehicle struck it.

The driver and his passenger were brought to the hospital with the latter complaining about some pain.

After the driver recovers, he can be booked for suspicion of driving under the influence of alcohol.

The owner of the first vehicle who got clipped and the car that struck the detached engine may also file a property damage claim against the driver for any repairs needed.

Lastly, if the passenger turns out to have sustained major harm in the accident, he or she can file a personal injury suit as well.

In California, a passenger is generally never held liable for a car accident.
The exception would be if he or she deliberately distracted the driver to cause an accident.

However, if the passenger is not wearing a seatbelt during the collision, it may prove some comparative negligence on his or her part.

If that is the case, the damages awarded will be reduced proportionate to the passenger’s level of liability.

Thursday, November 26, 2009

Picking Safe Toys for the Holidays

For children, Christmas is not Christmas, if they don’t receive any toys.

But in its 24th annual Trouble in Toyland report, the U.S. Public Interest Research Group (PIRG) has warned holiday shoppers to avoid dangerous toys, namely those with small parts, make loud sounds, made of soft plastics and have lead contamination.

Aside from toxic toys which contain excessive levels of lead, the PIRG is locking down on toys with small parts that can choke children younger than 3-years-old. According to the PIRG, choking is the number one cause of toy-related deaths and injuries and there are a lot of toys which just barely meet the federal standards on small parts.

A good indicator for potential small parts choking hazard is if a toy can fit into a toilet paper tube then it is too small for children under three.

Two toy hazards the group also focused on are toys which make loud sounds and soft plastic toys which may contain a chemical called phthalates.

The report found that 15 percent of children between 6 and 17 years old showed signs of hearing loss. Phthalates, which is widely used to make plastic products softer and can adversely affect children’s health, was recently found in a child’s lunch bag and a purse.

The Toy Industry Association in response to the report said that, "Consumers have every reason to trust the safety of the three billion toys sold in America each year."

In case you’re working on your Christmas list, the PIRG is advising to check for toy safety at http://toysafety.mobi through your mobile phones before buying gifts for kids.

Who knew that something as seemingly insignificant as a toy can be so dangerous to a child? But indeed, toys today have proven to be both fun and fatal, with most of their defects hidden and latent.

Under the product liability law, manufacturers, distributors, and suppliers may be held liable for manufacturing defects if consumers or children are hurt because of toy errors made in the manufacturing process and those with poor-quality materials or shoddy worksmanship.

While parents have a legal recourse should the toys hurt their kids, it’s always best to put safety first and choose your gifts wisely.


Wednesday, November 25, 2009

Firefighters Quick in Controlling La Habra Heights Brush Fire

Los Angeles firefighters were able to control a brush fire that had burned uphill in La Habra Heights yesterday evening.

The fire crawled through medium to heavy brush. It scorched about 2 to 3 acres.

Due to the swift actions of our firefighters, further damages have been averted.

Southern California is bracing for the effects of dry and warm conditions that is expected to last until after Thanksgiving.

Due to this dry weather, firefighters are alerted for fires that may start from dry bushes and grass.

Brush fires in California have proven to be a serious threat not only to the environment but the general population as well.

Past brush and forest fires have caused injuries, countless property damages and the displacement of animals and humans alike from their homes.

That is why homeowners who live near dry forests are advised to get comprehensive property and homeowners insurance so that in case of an emergency, all they have to worry about is your lives.

Properties can be replaced, and with your home insured, you do not have to worry about starting from scratch.

You should also consult a property damage lawyer to advise you about making claims so that you are sure that you are getting the right amount from the insurance company.

Friday, November 20, 2009

Less Is More: Female DUI Drivers

The ladies are certainly stealing the spotlight from the men, and this time, it’s not a good thing.

Lately, more and more women and even some notable female celebrities in particular have gotten arrested for driving under the influence.

The most recent female celebrity arrested is 36-year-old Alexandra Kerry, the daughter of a former presidential nominee and United States Senator John Kerry.

Alexandra Kerry, a graduate of the American Film Institute and an award-winning writer-director was pulled over in Los Angeles when she was driving erratically around 12:40 a.m. It was reported that she was placed under arrest after she failed a field sobriety test and was booked in the Hollywood Division station.

She later made bail of $5,000 around 5:30 a.m.

The police, who pulled Kerry over claimed to have detected signs and symptoms of being under the influence of alcohol. Although her blood alcohol level has not been confirmed, according to Richard French, a spokesman for the LAPD, there are people could be under the legal limit and still be impaired. The blood alcohol level is not as important as to how impaired her driving was.

Women have a greater tendency to be easily impaired by alcohol than men. The Hills’ starlet, Stephanie Pratt who was also recently arrested for DUI in Hollywood, is proof that even one drink of alcohol can result to a BAC of .08 and .09 percent.

According to the Insurance Institute for Highway Safety, the effects of alcoholic drinks vary greatly especially between men and women because the rate of absorption and other factors such as weight, amount of fat tissue, and stomach contents.

Thus, often even if they consume the same amount of alcohol, women can get impaired faster. Women, who are now as independent as men, are also catching up with the men in terms of the number of driving under the influence arrests.

For women who drink and drive, even two glasses of beer can mean more trouble. Even if they have less drinks than men, they are more get pulled over for impaired driving, much like Alexandra Kerry, the Senator’s daughter.

Under the law in California, the police can arrest a person on suspicion of drunken driving if officers believe the motorist is impaired.

Pregnant Driver Suspected of DUI Injured by Drunk Driver

This is pretty outrageous news.

In Montebello, a suspected drunk female driver who also happens to be pregnant was involved in a major car crash with another driver who also happens to be drunk.

According to the police, four people were injured in the vehicle collision which occurred at Whittier Boulevard and Concourse Avenue. One person was also reported to have been ejected from the vehicle because of the crash.

The drunk pregnant lady driver and the intoxicated male driver both incurred serious injuries. The man’s arms may be amputated because he suffered major trauma.

The police have said that the crash was triggered by the loss of control by one of the speeding vehicles. Lester Enrique Chupina of Whittier was booked for felony drunken driving and is being held at Montebello Jail for $100,000 bail.

The statistics of women driving under the influence are fast approaching the DUI figures which are usually dominated by men.

The National Highway Traffic Safety Administration in its 2008 study revealed that 1,650 people died in the United States because of an alcohol-impaired female driver.

Further, the NHTSA reported that women arrested for DUI, 35 percent had one or more passengers in the vehicle at the time of the crash. While most of the passengers are male, a substantial percentage of them are child passengers.

The increasing trend of female drunk drivers is indeed a cause for concern. Kids in particular are vulnerable because mothers are often tasked to pick up their children from school and if she’s drunk, a tragic accident will almost surely happen.

Usually, law enforcement officers are more lenient towards female drivers, likewise, most DUI campaigns also target men.

Female drivers should fall under the same degree of scrutiny of male drivers. Drunk driving is a vast and encompassing social problem that affects everyone, whether they are man, woman or a teenager.

Wednesday, November 18, 2009

House Destroyed by Fallen Crane

Not all injuries are limited to physical harm because property damage may also be involved in the issue. People can greatly suffer if their home or any kind of property is suddenly destroyed due to an outside force.

A home in Santa Rosa was recently destroyed after a large crane toppled backward and fell onto it.

According to authorities, the incident happened while the crane was removing an oak tree at Molly Court and Nightingale Drive. The impact caused the house to be divided in half.

The tree’s weight was more than the crane could carry so it toppled backward and smashed into the house. Its cab portion is still in the air.

The crane was about 90 feet tall and it also has a 25-foot-extension. Authorities are expecting that removing it will take one whole day.

No one was injured in the incident.

Projects like tree removals should be properly planned to avoid disastrous accidents. If the people involved in the project have only known that the tree’s weight is too much for the crane to carry, they may have done necessary actions to correct the situation.

Apple and AT&T Sued over MMS Services

A New York man is suing Cupertino IPhone, IPod, Apple and AT&T for allegedly misleading IPhone buyers.

According to the proposed class action business lawsuit that was filed in federal court in New York, the companies promised buyers multimedia messaging service, or MMS, functionality for the iPhone 3G and iPhone 3G S.

However, according to the complaint, it seems that the buyers will only get what they bargained for in terms of MMS once AT&T upgrades their network

Apple declined to comment while AT&T contends that the carrier actually does offer MMS on its network.

The class action lawsuit would try to gather other consumers that feel they have been misled by Apple and AT&T.

If proven, the members of the class action lawsuit will get a part of the settlement or damages that will be gained from the lawsuit.

Although it is quite a long shot, consumers who feel the same way could join the lawsuit even if they are not sure yet.

There is a statute of limitation that indicates up to when you can file a civil lawsuit against the manufacturers of the product. Once that time lapses, you would have lost a chance.

If you join the lawsuit against apple now and it turned out that the claim is true, then you will have a share of the damages that will be given by the courts.

If you don’t, you may end up outside looking in and wishing that you took the initiative to get the truth.

If the case lost, you would really have lost nothing as attorney fees for these kinds of cases are usually in a no win no fee basis.