Consecutive Christmas Season Automobile Accidents Occurs in Massachusetts

Christmas Eve is supposed to be the day to prepare for the forthcoming Christmas Day. However, one may eventually forget the true essence of preparing for the holidays after getting involved in a tragic car accident on the eve before Christmas.

Even in this holiday season, accidents may strike. Several people were involved in separate automobile accidents last Christmas season. One of them claimed the life of a 20-year old man from Allston on the rampage from the Summer Tunnel heading to Storrow Drive in Massachusetts.

The driver, Lusvin Escobar, was the only occupant of the 2005 Ford Mustang when his vehicle struck the tunnel wall before sunset. Escobar was pulled out from the vehicle and was declared dead right at the accident scene.

Few minutes after the first accident, another single car rollover accident occurred at Route 24 South, according to reports.

Police said that the 22-year old Monica Velez from Brockton was also ejected from her 2007 Nissan Maxima. Reports said that the woman suffered from serious injuries. Velez was also alone in her car when the accident happened.

Then, another automobile accident was also reported on that same day. An unidentified victim on North Broadway in Haverhill was the sole casualty. The victim sustained serious injuries and was immediately transported via helicopter to a nearby hospital.

All of the said Christmas Eve automobile accidents are still under investigation. Factors that lead to the accidents as well as the conditions of those who sustained injuries still remain unconfirmed.

As expected, automobile accidents increased in numbers this holiday season despite of public warnings and safety precautions.

Washington - Making Efforts to Get Drunk Drivers Off the Road This Holiday Season to Prevent Vehicle Accidents

The US Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) joined forces to begin working on a nationwide crack down for drunk driving accidents this coming holiday of 2011.

The year 2010 had beengreat for Washington DC, in terms of the reduction of numbers of the drunk driving fatalities. The 2010 statistics released by NTHSA reveals that there was huge decrease in the number of drunk driving fatalities. This was seen in the 32 U.S states.

At present the agencies are thoroughly focusing on the safety of the motorists this coming holiday season. They are now making efforts to make real progress in the reduction of drunk driving deaths.

Both agencies are reminding drivers to get off the road. They warn US citizens to drink moderately or else be pulled over.

Just last year 10,228 people were killed from drunk driving. That means 415 mishaps occurred just by the last two weeks of 2010.

Education and enforcement efforts are the latest urge in the “Drink Sober or Get Pulled Over” campaign launched by the agencies. This campaign involved thousands of law enforcement agencies all over the country.

The holiday season disciplinary action enforcement is supported by the $7 million national Drink Sober of Get Pulled Over advertisement campaign that starts from December 16 until January 2. The ad featured an invisible traffic enforcer observing drunk citizens and then apprehends them if they attempt to drive. The multi – million worth advertisement aims to raise people awareness and support the law enforcement activities in all states. The ads convey to the public that traffic enforcers are more vigilant in preventing people from drunk driving.

Though drunk driving still remains to the main cause of death in US, be rest assured that each federal government is doing their best in reducing fatal vehicle accidents which stem from drunk driving.

Transgender Server Filed a Wrongful Termination Against an Airport Food Service Company

Hamed Khan – a transgender employee formerly working at Midway Airport’s food service company is now suing his former employer for wrongful termination and employment discrimination.

Khan started working at Harry Caray’s Seventh Inning Stretch from 2002. During that time, Khan was not yet a transgender but over the years, Khan’s looks became more feminine.

According to Khan, during his employment at the said company, he experienced a great deal of discrimination and mocking from his former co – workers but his supervisor as well as the company’s management just disregarded Khans’ complaints.

One time, Khan’s supervisor sent him home for uniform issues saying that his pants were too tight and too feminine.

He further stated that there was also a time when his colleagues called him “faggot”, “lazy faggot bitch” and other unpleasant names but his supervisors remained unmindful of the discrimination.

Allegedly, he was fired by his supervisors for breaking the company’s policy due to entering the restaurant’s bar area without permission. However, according to Khan, employees are given permission to enter the said area that day to use a computer in printing the costumer’s checks.

Perhaps Khan had enough. After the Illinois Department of Human Rights issued a statement of “solid evidence” to Khan’s four claims, he then filed a wrongful termination and employment discrimination lawsuit.

In his lawsuit, Khan is seeking for an addition of $200,000 for damages an employment lawyer fee as well as lost wages.

Ironically, In Khans’s attempt of filing for unemployment, the company claimed that he is already terminated. But when Khan filed for a wrongful termination lawsuit, the company claimed that he quit the job.

Though the employer has all the rights to fire an employee, still it must be on a legal basis. Apparently, he was fired for being a transgender, which he found unlawful. Therefore, he deserves the right to file for a wrongful termination claim.

Lawmakers to Cancel the 2010 Sexual Harassment Lawsuit Limitations

Under the 2010 sexual harassment law approved in South Dakota, child victims of sexual harassment are only given a limited period to time to file a lawsuit.

This new law limits the victims at the age of forty to file for a sexual harassment that occurred either few years ago or way back from his or her childhood.

Furthermore, in this law, victims over 40 – years old may only file a sexual harassment lawsuit against the one who committed the crime and not against any institution or member of an institution, if the abuse was done in a workplace, school or workplace.

Actually, approval of this controversial law was only led by a representative of one of the school institutions in South Dakota which, during that time was flooded with sexual harassment lawsuits filed by some of its former students who were allegedly abused by the school teachers in the said school institution many years ago. Therefore, those sexual harassment complainants are already in their 30s and 40s when they finally decided to file for a lawsuit. Their lawsuits were seeking for compensation from the alleged abusers and from the school institution that had ignored the sexual harassment occurred.

Allegedly, said law was applied in order to reduce the school institution’s account to be paid in regards to the lawsuits filed against them.

As an opponent of the controversial sexual harassment limit law, South Dakota legislator Steve Hickey drafted a bill that would cancel the 2010 law and go back to the federal government’s usual sexual harassment law.

According to Hickey, the controversial law entirely overlooks the sexual harassment reality towards children. He also asserts that it takes a lot of time or even years before a child abuse victim has the courage to bring out their emotional stress.

Advocates of the said 2010 law appeals the law also gives sexual harassment victims enough time to file a lawsuit. They also stressed out the law is far less strict than the other federal laws in other states wherein sexual harassment lawsuits arising from childhood incidents can only be filed under the age of thirty of the victim.

So far, the bill has been applied and still waiting for approval. Definitely it would take a little longer before lawmakers decide whether the new applied bill for sexual harassment be approved or denied. It’s a very complicated issue and weighing out its pros con seems so difficult since emotional and psychological aspects of victims are involved on the matter.

Senior Student’s Bright Future Ended in Tragic Automobile Accident

A senior student from Brattleboro Union High School was killed in an automobile accident while six others were seriously injured.

The accident occurred last Sunday at around 2 o’clock in the afternoon when a Subaru Outback driven by senior student Daniel Bliss, 17 – years old together with Rita Corbin was struck from the side by a Mercury SUV while they were approaching Route 10 South coming from Mount Herman Station Road.

The collision created a strong impact that even air bags didn’t work in both vehicles. Bliss instantly died in the accident scene while Corbin was brought to University of Massachusetts Memorial Medical Center where she was treated for the serious injuries she sustained. Firefighters had to cut the Subaru’s roof before they were able to remove Corbin from the vehicle.

On the other hand, five other people from the other vehicle were injured. The SUV driver Nicole Trovato, 19 – years old and her 4 passengers were transported to the same hospital where Bliss and Corbin were brought and were also treated for their minor personal injury sustained. They were released shortly.

Bliss family and the principal together with the other students from the said school were in deep sorrow and mourning for Bliss’ death. According to them, Bliss is a good student. They were also praying for the fast recovery of Corbin and the five others involved in the accident but they were released in a short time.

According to reports, the glare from the sun may have been a factor in the said automobile accident. Initially, the driver of the SUV admitted to police officers conducting the investigation that she never saw Bliss pull out onto the road. However, the investigation is still going on.

It’s either solar radiance had caused the SUV driver’s blindness to Bliss’ car or Bliss’ car had exceeded the maximum speed limit. The maximum speed limit in US is varies according to the type of vehicle and in locations. Commonly, speed limit for cars is 80 mph during day time and 65 mph during night. Speed limit for trucks at all times is 55 mph. In school zones, maximum speed only limits to 25 mph.

Interns Filed a Lawsuit Against Fox Searchlight’s Black Swan

To earn a degree or even move forward in a job in their selected field, students must perform internship. It is broadly required in college and unpaid internships are common. However, many companies may now have a second thought of taking a new batch of interns for the next semester due to a newly filed lawsuit by the unpaid interns of Fox Searchlight.

According to reports from New York Times, a wage and hour employment lawsuit is seeking for class action in a federal court of Manhattan. The accusation affirms that the interns were required by the producer of Black Swan to complete a very hard work that should have been done by paid employees. In addition, the interns affirm that while on the job training, they were not given sufficient educational experience. In any state labor laws, companies are required to provide interns enough job experience during the training in order to exempt employers from paying the interns.

As reported by the New York Times, the accusation also affirmed that, “Fox Searchlight’s unpaid interns are a crucial labor force on its productions, functioning as production assistants and bookkeepers and performing secretarial and janitorial work. In misclassifying many of its workers as unpaid interns, Fox Searchlight has denied them the benefits that the law affords to employees.”

Fox Search light failed to comply with the criteria of federal Department of Labor for unpaid internships, therefore they are also charged of acting illegally. As stated on the lawsuit, employers are required to give interns a position which will benefit them, will not displace regular employees from their normal position and that the employer assume no immediate advantage from the activities of the interns.

At least 100 unpaid interns who were employed by different Fox Searchlight productions are seeking class action status, back pay under federal and state wage laws and an injunction barring Fox Searchlight from improperly decree blocking Fox Searchlight from inappropriately using unpaid interns through the said lawsuit.

Interns should be given an educational lesson and instructions on the basic skills for the industry – and not just to have them perform a hard work. Companies need to be held accountable for taking advantage of this basically free labor if they are going to take on interns. If ever companies don’t have any intent of paying intern for the hard work they have done, they should at least provide them with sufficient knowledge and experience in the industry.

Real internship can really do a lot of help to students to learn about their industry and bring them one step forward to employment career. However, most of the time, interns are mistreated and do not receive educational benefit that they are looking for when they applied for the internship. In most states like California, they have California employment lawyers which can help to expose the darker side of unpaid internship and opens the doorway for similar lawsuit concerning unpaid internship.

Environmental Group Claims Excessive Level of Lead Found at Disneyland Anaheim

Behind Mickey Mouse’s big smile are packs of lead – not literally, of course.

Disneyland is dubbed as the happiest place on Earth. However, according to an environmental group, Anaheim’s Disneyland does not only provide happiness to children but also sickness.

News reports said Mateel Environmental Justice Foundation claims that Disneyland Anaheim has excessive levels of lead that may be harmful for children visiting the theme park. According to the group, they have found high levels of lead on glass windows, brass rail chains, door knobs, and drinking fountains.

Mateel strictly opposes Disneyland’s seemingly failure to act on the group’s request to post warnings about equipment that contain excessive levels of lead. However, Disneyland on the other hand, says its management is following the state law by posting adequate warning signs about equipment with lead.

Pursuant to premises liability law, if at least one Disneyland visitor sustains any lead-related injury or sickness, the management may face legal charges. Under the law, property owners may be held liable for injuries caused by their negligence in maintaining safety in the premises.

Exposure to unsafe level of lead may cause certain types of injuries, such as:

• Reduced bone and muscle growth
• Poor muscle coordination
• Speech and language problems
• Seizures or loss of consciousness

In accordance with personal injury law, if a lead-related injury is sustained in Disneyland’s premises, its management may be required to provide compensation to the victims.

To know more about premises liability claims, you may consult with a California personal injury lawyer. Your attorney will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Personal Injury: Negligent Driving May Result in 20-year Jail Sentence

A drink of cold beer may bring much enjoyment, and also – a 20-year sentence in the prison.

The party-like life of 24-year-old Costa Mesa man, Gustavo Adrian Vega, is about to turn against him as he faces 20-year and four months in jail for killing a college student due to drunk driving.

According to reports, Vega hit Orange Coast College student and model, Cara Lee, February 14 last year, which resulted in the young student’s death. Orange County Superior Court has sentenced Vega as guilty of murder, felony hit-and-run, and felony possession of illegal drugs.

Police investigations had found out that Vega is guilty of negligence as he had blood alcohol content (BAC) of 1.7, or twice as much as the legal limit. Additionally, the authorities have determined that he also had violated traffic rules by ignoring a red light which resulted into the fatal traffic accident.

Vega clearly became negligent with his actions as he violated various traffic rules and laws. In California, pursuant to Vehicle Code (VC) 23152-23229.1, driving under the influence of drugs and alcohol is strictly prohibited. In addition, under VC 2145-21468, it is unlawful for California motorists to run on a red light.

Aside from violating traffic rules, Vega’s negligent actions are also considered in violation of personal injury law. Under the tort law, it is unlawful for any individual to harm another person because of failure to provide reasonable care. Obviously, Vega failed to take all necessary means to avoid the accident from happening – he was drunk when the accident took place, and he ignored the red light.

To learn more California car accidents, you may consult with a Los Angeles accident attorney. Your lawyer will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Driver Helping another Motorist Killed in a Burbank Car Crash

More often, Good Samaritans get nothing but gratitude and no injuries; however, the case of a Long Beach motorist is rather a different and tragic one.

A 55-year-old driver from Long Beach was killed while helping another motorist who had a flat tire in Ventura Freeway, Burbank, when a speeding Pontiac hit the Good Samaritan that resulted in his untimely death.

According to California Highway Patrol officials, the driver of the 2008 Pontiac G6 was heading westbound at about 65 miles per hour when he fatally struck the victim who had just finished changing a tire of another motorist.

The stranded driver on the other hand, sustained head injuries when the debris from the car crash hit him. According to news reports, the injured motorist was rushed into a hospital. CHP officials have said that the Pontiac driver was not injured and was not arrested.

In legal sense, the Pontiac driver if proven negligent may be charged with wrongful death lawsuit by the victim’s survivors. Under the tort law, in the event of a fatal car accident caused by the careless of another, the surviving relatives or family members of the deceased victim have the right to make a wrongful death claim.

Additionally, the driver of the stranded vehicle may file a personal injury case against the driver of the Pontiac, and may assert for compensation claims.

For more information on California automobile accidents, you may consult with a personal injury lawyer in Los Angeles. An attorney will help you file the car accident lawsuit and recover damages. Dial our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

On The Price Is Right Sexual Harassment Controversy

Many people think that being in front of the limelight is probably the best job there could possibly be. Yes, you may end up putting more hours than you would expect because of the hectic schedule. However, the glamour, the fame, and the financial stability that a celebrity reaps are just astounding. But for minor TV personalities who are subjected to power-tripping TV executives, there is more to the glitz and glam.

Such is the situation of The Price is Right model Lanisha Cole, who recently filed a sexual harassment lawsuit against The Price is Right producers Michael Richards and Adam Sandler. (Once again, they are not the actors with the same name.)

Cole claims in that she has enjoyed her tenure in the show for several years. But when a new model enters the show, things started to change for Cole. The new model is favored by the producers, and Cole’s status as prime model is pushed aside.

Along that, came several instances of harassment that the producers had put her through. She says she endured the ill-treatment for a year. Her civil complaint comprises of these factors, which makes a full 20-page statement:

• Wrongful termination
• Wrongful sexual harassment
• Failure to take steps to prevent harassment
• False imprisonment
• Infliction of emotional distress

According to Cole, in one instance, Sandler allegedly barged into the Cole’s dressing room despite a post that says to knock before entering. He then reprimanded Cole for not wearing a microphone while she was half-naked and in front of her peers.

In the history of the show, several models have filed lawsuits against its producers. Indeed, harassment can occur in any workplace, and under any circumstance. Everybody knows how scandalous life at the Hollywood Hills can get. Of course, even though they enjoyed the so-called celebrity status, it cannot be denied that they are still ordinary employees that go through workplace issues. For Cole, it is a much endured harassment case.

Harassment in the workplace should not be tolerated. Appropriate action should be done. Cole says she reported the incidents to the company’s Human Resources, but they kept putting off the case for months. Thus she decided to file a lawsuit. But she was told that “she is putting the show hostage”. She finally decided to leave the show.

Cole aims to have a jury trial and compensation to cover her medical and legal expenses and loss of earnings. Cole’s case involves sexual harassment. But she claims that she was also wrongfully terminated.

If one is undergoing the same thing as Cole, it would be a good idea to get a California employment and labor law attorney. Dial 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

PCH Ferrari Driver Crashes, Splits Vehicle into Two; One Passenger Killed

A sports car like a Ferrari may complete a man’s quest for attaining full-machismo; however, crashing such highly expensive vehicle and causing wrongful death to a passenger are always not part of becoming a true blue macho.

Take the case of one Vladimir Skortsov who crashed his Ferrari at the Pacific Coast Highway. Aside from destroying his high-end auto, he also caused the death of his passenger, Basil Max Price III of Pomona. Skortsov slams his car into a power pole in PCH, splitting the vehicle into two. The impact of the crash resulted in Price to be ejected from his seat and landed hardly on the roadway, the attending emergency unit pronounced him dead at the scene.

According to news reports, Skortsov who sustained severe injuries was driving his sports car around 90 mph when the car crash happened despite the speed limit in the area is 45 mph. Initial investigations claim that one of the probable cause of the incident is over speeding. Investigators are also looking into drunk driving as the cause of the accident. Officials said that the driver has two outstanding DUI convictions that he incurred in January 2007 and July this year.

Whether over speeding or driving while intoxicated is the reason for the crash, the family of dead victim may file a wrongful death claim against Skortsov because of his negligent act. Under the personal injury law, if a motorist causes death of another individual due to negligence, he or she may face wrongful death lawsuit and may be required to provide compensations to the deceased’s survivors.

To learn more on wrongful death claim, you may consult with a Los Angeles wrongful death attorney. Your lawyer will guide you throughout the process of litigation. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Father-Son and Mother-Daughter Car Accidents in California Serve as Warning for Motorists

Keep it in the family – anything but vehicle accidents. Unfortunately, two separate motor vehicle accidents in California involving family members did otherwise.

The first one involved a father and son truck drivers. According to a news report by KTLA, the two dirt-hauling trucks being operated by a father and his son collided with each other in Sepulveda Pass, Los Angeles, injuring both. Police investigations found out that an oil slick on the road caused one of the drivers to lose control of his truck. Both men were rushed into the nearby hospital due to minor injuries.

The second incident was more unfortunate than the first one. An Orange County mother accidentally struck her three year old daughter with her SUV, killing the child. According to reports, the Orange Police Department concluded that mother accidentally rolled forward her Ford Excursion, hitting the girl.

It is imperative for all parents to protect and take care of their children; however, when an unfortunate and unexpected accident happens, all is thrown out of the window. The two accidents must serve as a wake-up call to everybody to take all necessary means in order to avoid freak accidents.

For more information regarding motor vehicle accidents in California, it would be best to consult with an experienced Los Angeles car accident lawyer. Your attorney will guide you throughout the litigation process and help you assert compensation for your injury and losses. Contact our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Car/ Vehicle Recall and Consumer Issues

Car and vehicle recalls are generally conducted when a defect is found or when a part of a car or equipment is found to be defective and may cause potential harm and injury to the consumer.

A recall is often initiated by the manufacturer or ordered by a federal agency such as the National Highway Traffic Safety Administration (NHTSA), which eventually ensures that manufacturers comply with the safety issues of a vehicle and that safety remedies have been corrected and implemented.

Only recently, the manufacturer of D100 lawn tractors has announced the federal recall of some 5,000 tractors for possible risks of brake failure. The tractors that were included in the recall were manufactured Illinois-based Deere & Company and were sold at John Deere dealers, Lowe’s and Home Depot stores nationwide from October 2010 to September this year.

Authorities said the recall was initiated after it was found that the hardware used to hold the tractor’s brake assembly to the transmission housing is prone to break and could result in brake failure.

Under the law, injured victims of accidents caused by defective cars and vehicles can hold the manufacturers liable for their injuries through negligence.

To help you with vehicle recall and product liability issues, consult with experienced Los Angeles personal injury attorneys. Call us at 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

Mattress May Have Been the Cause of Harbor Freeway Fatal Motorcycle Crash

One thing is certain: a minor road mishap may instantly result in death of certain motorists. A rider was killed when his motorcycle collided with a pickup truck in Harbor Freeway – all because of a mattress.

According to California Highway Patrol, authorities are already investigating the cause of the fatal motorcycle accident. One of the prominent probable causes of the tragic incident that CHP is considering, is road debris – a mattress.

Local news reports said the motorcycle rider was going north on Harbor Freeway’s Adams Boulevard when he crashed into a pickup truck. Initial investigations of the accident show that the incident may have been caused by one of the drivers’ attempt to avoid a mattress on the freeway.

In California, a motorist who causes death of another individual because of carelessness, he or she may be held liable for the accident. Pursuant to tort law, a negligent individual whose actions result in death of another person is legally required to provide for the compensation of the decedent’s survivors, such as spouse, children, or sometimes parents.

If in case that investigation finds out that the pickup truck driver caused the death of the motorcyclist, he may face legal court proceedings and may be required to provide for non-economic and economic damages to the victim’s survivors.

For more information on motorcycle accident, you may consult with a personal injury lawyer in Los Angeles. Your attorney will guide you throughout the process of litigation. Dial 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Presidential Kin Arrested in Massachusetts: For DUI or Illegal Stay

It does not sit well for a busy leader like President Barack Obama whose administration is trying to boost its good image on numerous national issues such as unemployment and a dipping economy to have a relative arrested on an embarassing DUI-related incident.

News had it that Onyango Obama, President Obama’s 67-year old uncle, was arrested August 24 on suspicion of drunk driving near the intersection of South and Waverly streets in Framingham, Massachusetts.

According to reports, the President’s long-lost uncle, who was driving a white Mitsubishi SUV, did not yield to oncoming traffic at the said intersection and narrowly missed colliding with an unmarked police vehicle driven by a police officer.

When stopped by the officer, Obama appeared drunk and answered inconsistently and incoherently. Tests later revealed that his blood-alcohol level measured 0.14 percent, above the state's legal limit of 0.08 percent.

Although he has a Social Security card and a Massachusetts driver’s license when arrested, authorities are checking on the older Obama’s immigration status as court documents showed that he had an earlier deportation or removal order.
It is unclear whether or not Obama’s traffic and DUI violations will be pursued but now an Immigration and Customs Enforcement officer had taken him into custody and held without bail on a more decent yet less embarrassing case of illegal stay.

Drunk driving violations have resulted in injuries and death across the country. In fact, federal statistics show that nearly 2,500 people get injured or die in DUI-related crashes and collisions yearly. In Los Angeles alone, Hollywood celebrities and prominent people get involved in DUI related accidents almost every week.

If you want to recover compensation for injuries in a DUI-related car accident or other vehicle accidents as a victim, consult with our experienced Los Angeles personal injury attorneys. Call us at 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

Time Limit for Filing of EEOC Charges

When charges of discrimination get unresolved in the workplace, the filing of a case against the offenders or tormentors would be your last and only recourse.

Naturally, it would require the assistance of a knowledgeable employment and labor law attorney but still it would take time before the case is heard.
Take the case of the Muslim employees of the Electrolux plant in St. Cloud, Minnesota. According to the employees’ complaint, a Muslim employee filed a complaint in 2010 claiming that the company had changed its break schedule and allegedly threatened to terminate Muslim workers if they broke their fast on the production floor during the Ramadan fast.

The case was filed last year but as more employees have joined the lawsuit as complainants, the resolution of the dispute has taken longer than it should be.

However for complaining workers and employees, all discrimination charges must be filed with the EEOC within 180 days of the alleged violation. If the complaint is covered by state law, the filing deadline is extended to 300 days. To be sure, if you suspect that a discriminatory act is being committed by your employer, it is a good idea to contact the EEOC immediately.

But in cases involved equal pay issues or charges under the Equal Pay Act, no charges are required to be filed with the EEOC, prior to the lawsuit. But since claims under Equal Pay Act are often raised together with Title VII sex discrimination issues, the worker or employee may also file Title VII charges with the agency.

To help you file complaints and claims with the EEOC, you can consult with experienced Los Angeles employment and labor law attorneys. Call us at 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

SSA Field Offices Nationwide to Close 30 Minutes Earlier Everyday

If anything, this may not be an indication of something ominous, but already some changes happening at the SSA are certainly not good and only fan the flames of speculation that the federal Social Security Administration is going bankrupt.
But certainly, it is not true. It is all part of saving up the resources.

According to a statement release in its website, all Social Security field offices nationwide will be closed to the public half an hour earlier each day effective August 15. Despite this announcement, SSA Commissioner Michael Astrue however said that agency employees will continue to work their regular hours but has to close earlier to avoid incurring the cost of overtime for employees.

The commissioner said this measure was taken because of budget constraints. The US Congress provided the agency with less $1 billion as requested by the President this year. This makes it impossible for them, according to the official, to pay for the overtime needed to handle service to the public the same way they did in the past.

Although claimant need not go to an office personally to get Social Security services, it may not be effective to those who need to attend a disability hearing appeal. But since SSA has gone online, many applicants and claimants can avail of their services such as when applying for benefit, sign up for direct deposit, replace a Medicare card, obtain a proof of income letter or change of address and contact number, among others.

To help you pursue your social security and disability claims, you can seek the assistance of skilled Los Angeles social security and disability lawyers. Call us 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

Flight or Fight: Hit-and-Run Driver in Victorville Fatal Accident Arrested

In a pedestrian hit-and-run case, running away from the scene of an accident is a strong indication of guilt. This means, an offending party may face harsher penalties for this egregious act if arrested.

In the case of 29-year old Broderick Allen, it may be a bit more complicated. Allen was accused of killing 29-year old Damisha Ford, an innocent bystander at a Victorville club. Allen apparently did this while trying to evade being lynched by a mob.

The incident began when Allen got involved in an argument inside the nightclub which ended in the parking lot. According to investigators, Allen was trying to escape the angry mob and get away in his car when he accidentally hit Ford who later died from the injuries she sustained in the accident.
Allen’s car was found abandoned a few blocks from the scene of the accident. Police said Allen contacted them later to discuss the incident.

He is now booked for vehicular manslaughter and hit-and-run causing death at Victor Valley jail with bail posted at $100,000. He is scheduled to be arraigned Wednesday.

Pedestrian accidents, like other personal injury cases, are pursued through careful analysis of the facts of each case in relation to essential elements of a legal case. When a pedestrian is injured in this type of accident, one or more parties may be involved.

Liable parties in a pedestrian accident may include the following;

• The driver of the vehicle that hit the pedestrian
• The party responsible for maintaining the sidewalk, roadway or parking lot where the incident occurred
• The pedestrian himself/ herself

The favorable outcome of a pedestrian injury claim may also depend on the early involvement of a personal injury attorney. To ensure that your rights will be protected, you need to hire an experienced attorney. Consult with our experienced Los Angeles personal injury attorneys. Call our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Liability in Drowning Accidents

Many domestic injuries and deaths are caused by accidents due to negligence. These include drowning accidents, which account for nearly half of all victims of domestic accidents in the US, next to fall and fire accidents. In California, drowning is the leading cause of injury-related deaths among children under the age of five.

Take the case of a near drowning accident involving two toddlers in Knollwood, San Fernando Valley. According to reports, the children - believed to be between two to three years old - were rushed to Providence Holy Cross Medical Center Sunday after they were pulled out of a swimming pool in their home.

Authorities said they are still trying to determine the cause of the accident but initial investigations showed that negligence could be the cause.

Drowning accidents, like all other accidents, may be prevented if only we take extra precautions and avoid some negligent actions. Liability in drowning accidents may be caused by the following factors:

• Negligence on the part of the owner of the swimming pool
• Manufacturing and design defects of spas and tubs
• Defective installation of fence or gate
• Negligent supervision by lifeguard or adult
• Lack of lifeguard
• Inadequate training or supervision of lifeguard at public beach or pool

To help you pursue claims for injuries sustained in drowning accidents caused by other people’s negligence, consult with our experienced Los Angeles personal injury attorneys. Call our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Strict Liability in Defective Products

Product recalls are often initiated by manufacturers when a defect is found on the product which could result in potential harm and injury to the consumers. Manufacturers often remedy this situation by pulling out the defective from the market and try to repair or substitute the defective parts in it.

Take the case of the recent report on the impending recall of Ford Mustangs and Volkswagen Jettas, which were all under investigators for some defects. The investigation, which involved about 26,000 vehicles for Mustangs and 40,000 for Jettas, was conducted after consumers filed complaints against the two car models for possible defects in them.

Based on the complaints, 2011 and 2012 Ford Mustang models have problems shifting gears on cars with manual transmission while Jettas have possible leakages from its fuel line to the fuel injector.

When a defective product has caused injuries or harm to a consumer, the injured victim can file a product liability claim to recover his losses. Under strict liability, the manufacturers and sellers of a defective product can be held liable for the victim’s injuries, even without showing that the manufacturer or seller was actually negligent.

To be able to file a claim for damages, the victim must only show that the following conditions exist:

1. That the product had an unreasonably dangerous defect that injured the consumer and the defect was caused by the design, during manufacture or during handling and shipment
2. That the defect caused an injury while it was used in the way it was intended to be used
3. That the product was not changed or altered from the condition it was originally sold

To help you file a product liability claim for injuries incurred from using a defective product, consult with our experienced Los Angeles personal injury attorneys. Call us at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Patient Assaults on ED Workers a Growing Concern in California

Emergency room nurses always face a lot of pressure when taking care of and assisting patients who need immediate medical supervision. However, aside from the demanding duties in the emergency department (ED), nurses are also in threat of getting harmed or harassed by their patients themselves.

Attacks on nurses by ED patients are a growing concern affecting the California employee rights. A recent news report recalls the experience of a Ventura County Medical Center Emergency Department nurse, Lorraine Sandoval. In 2009, she was chased by a drunken patient with scissors. Sandoval was rescued from possible stab wounds by two police officers.

According to a survey conducted by University of California, approximately 40 percent of ED workers in California have been assaulted while on duty in 2006. Common forms of assault by patients to ED employees include biting, hitting, kicking, and chasing.

Although attacks on hospital workers do not usually result in serious physical injuries, hundreds of compensation claims in California alone were filed in previous years. It is the legal right of employees to assert for compensation if an untoward incident that caused them harm happened in their workplace.
Hospitals and medical centers should do all the possible means to protect their employees from patient assaults. Hospital workers, especially those who work at emergency departments should be secured from any harm or injury.

For more information on your rights as an employee in California, you may consult with an employment lawyer in Los Angeles. Your lawyer will help you file a lawsuit and assert compensation for your losses. You may contact our toll fee number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Toddler Ejected from Car due to Improperly Secured Car Seat

Can parents be liable for their child's injuries in a car crash?

Yes, when parents fail to abide with traffic laws that result to injuries of their child, cops can lock them up in jail.

Consider the case of a two-year-old child who was ejected from an improperly secured car seat during a car accident at Santa Monica Freeway on Sunday. The toddler was listed in critical condition, reports said.

According to reports, the driver was getting off the 10 Freeway when the car collided with another vehicle. The car rolled over near Fairfax Avenue intersection and burst into flames.

At least six other passengers suffered serious injuries and was transported to a local hospital. The other driver sustained minor injuries and was treated at the scene.

If the results of investigation show that the child’s parents or guardians failed to fasten the child properly, the court may impose penalties on them. More so, if the parents ignored known defective car seats, the court may reduce the damages when they file a personal injury lawsuit against the other driver.

Under California law, vehicle drivers have the responsibility to ensure the safety of child passengers. This means installing baby seats with lap belts as protection from road hazard. It also requires motorists to check if the safety equipment is in good condition and was properly fastened to the child. Failure to fulfill such regulations can result to legal consequences.

For more information on child restraint laws in California, you may consult with a personal injury attorney. You may dial 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

LA Driver Dies Shortly After Carmageddon

Staying away from the "Carmageddon" site seems not enough to avoid an accident.

Hours after the closure of 405 Freeway or the so called "Carmageddon", a male driver has died in a collision with a Porsche Carrera.

The 28-year-old motorist was taking an alternate route on Sepulveda Boulevard when he veered off the lane and hit another car on Saturday morning. Paramedics rushed him to a local hospital, but he did not survive his injuries, according to reports.

Reports said the other driver sustained non-life threatening injuries.

"You have been warned", but the words were not enough to prevent collision on the alternate highway. Sepulveda Boulevard served as the primary option on reaching the west side of Los Angeles. It received the heavy flow of traffic starting Friday evening and lasted on Sunday noon to give way for the I-405 re-widening project.

The closure on the I-405 ramps between the 10 and 101 freeways compelled motorists to re-route on north-south canyon roads such as Beverly Glen Boulevard, Cahuenga Boulevard, and the Sepulveda Boulevard. Local transportation officials have promised to finish the construction before Monday.

On Sunday noon, the local government boasted reaching the goal ahead of time, but cannot deny a life that has been sacrificed on Saturday morning. Perhaps, instead of giving bonuses among laborers, the money can be given to the family of the deceased driver. It may not be enough to cover the emotional loss, but it can help starting anew.

The family of the victim may file a premises liability lawsuit against the government to recover damages. Nevertheless, they will have to present documents that will prove that the accident is related to the I-405 construction project.

For more information on car accident lawsuit, you may consult with a Personal Injury lawyer in Los Angeles. You may dial our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Police Officer Killed in Alhambra Two-Patrol Car Collision

Police officers are the ones more exposed to road hazard, especially if it is near dawn. When patrol men are responding to a robbery, they are compelled to drive at high speeds or enter narrow streets. Because of these on-duty activities, patrol car crashes occur at least once in four police operations.

Take this instance last Sunday when a police officer has died after his patrol car slammed into another car in Alhambra.

According to reports, Police Officer Ryan Stringer was responding to a robbery when he was involved in a two patrol-car collision in Main Street and Garfield Avenue.

Stringer died instantly after the crash. The other police officer sustained serious injuries and was rushed to Huntington Hospital, reports said.

The patrol officers were heading to a parking lot at 100 North First Street to respond to a robbery when the accident occurred.

When police officers are fatally or seriously injured in an accident, the state police department offers some assistance to their family members. A representative from the family can file a Workers’ Compensation claim in behalf of the injured officer.

If the result of the investigation shows that another party is liable for the car accident, the injured officer can file a personal injury lawsuit to receive compensation for losses.
Meanwhile, the decedent’s surviving family members can file a wrongful death lawsuit to receive damages.

For more information on car accident lawsuits, you may consult with an attorney in Los Angeles. Dial our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

27 California Residents Rescued from Mexico Boating Accident

If crossing the US-Mexico border is prohibited, try cruising in the Sea of Cortez.

This time, almost two dozens Californians ventured on Mexico waters for a vacation trip. The difference is that these North American travelers carry legal tourist documents.

Sadly, the cruising adventure ended up in a boating accident, which fatally injured one passenger and left seven others missing. The group consisted of 27 US citizens, mostly from California, and 16 Mexican staff.

According to reports, a storm hit the charter vessel Erick at south of the Baja California port of San Felipe on Monday at 2:30 a.m. It hurled the passengers into the seas near the San Luis Island.

At least one passenger was pronounced dead and seven others were missing. The US Coast Guard and the Mexican Navy have helped in pulling the victims from the waters. The survivors, who were wearing life jackets, were transported to local hospital for medical treatment, reports said.

Reports said that the first survivor had managed to swim toward the shore of a nearby island and alert Mexico local officers regarding the incident.

The officers are still searching for the seven missing passengers.

If the authorities find that the boat operator has failed to provide sufficient safety equipment, he or she may face liability for the accident. Moreover, if the vessel owner failed to instruct his or her crew on implementing standard safety measures, then the court may give stringent penalties to him or her.

The family members can also seek damages for the losses resulting from the boating accident.

Cruising together on US-Mexico seas can be an adventure, but it involves legal responsibilities. The next time you visit the other country, make sure you have complied with the regulations to ensure a safer travel.

For more information on boating accident lawsuits, you may consult with a personal injury attorney in California. Dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for a free case analysis.

Religious Discrimination and Disparate Impact Discrimination in Employment

People practice their religious beliefs in various ways and actions such as in the manner of dressing, prayers, and observing certain traditions, among others. But sometimes, these practices conflict with employment rules and certain policies that result in employment disputes such as discrimination lawsuits.

Discriminating against an employee in the practice of his/her religious belief is prohibited by both state and federal laws. Title VII of the Civil Rights Act prohibits all forms of discrimination in employment including in the practice of these religious beliefs.

Recently, a former employee has decided to sue Abercrombie & Fitch for religious discrimination after she was terminated for wearing hijab, a Muslim headscarf, at the workplace.

The employer’s action surely constitutes disparate impact discrimination which is a subtle form of discrimination. Under this condition, an employer has no express policy for treating one or more religious groups unequally; instead a policy exists which makes no mention of a particular religion but affects certain religious groups as well.

Another form of religious discrimination is disparate treatment which is an overt form, where an employer refuses to hire or promote employees who belong to a particular religion.

The third form is hostile environment which arises when the employer or co-worker harass an employee on the basis of his/her religious belief or faith. The action must be so pervasive to be considered discriminatory.

If you believe you have been treated unfairly at work because of your religious beliefs, you can consult with our expert Los Angeles employment discrimination attorneys. Call us at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Can DUI Checkpoints Help Reduce Car Accidents during Memorial Day Weekend

Are DUI checkpoints effective?

We cannot say so but as expected, the number of car accidents and fatalities has risen during the Memorial Day weekend as in other holiday weekends.

Although this year’s statistics showed that the number of drunk-driving arrests has dramatically declined compared to past years, more than 1,233 DUI arrests were reported throughout California throughout the weekend, the California Highway Patrol reports revealed.

In fact, in San Diego alone, the arrests rose by about 10 percent compared to last year or 75 DUI arrests.

Over the years, the number of people injured in drunk-driving incidents during holiday weekends has increased. Unfortunately, many of these violators were found to be teenage drivers who have been out drinking and were allowed to take wheels.

According to the National Highway Traffic Safety Administration, some of the common causes of teenage death in car accidents are the following:

• Overspeeding
• Drunk driving
• Flagrant violation of traffic laws

What is welcome news is that there were no recorded fatalities nationwide during the holiday weekend, a far cry from the way some holiday weekends are remembered – with crashes and collisions.

This year’s commemoration will bring change to those weekends marred by DUI accidents and senseless loss of lives. Instead we celebrate this day with a new sense of value to the countless men and women who died in the service of our country.

To pursue your claims in DUI-related car accidents and other accident-related issues, you can consult with our experienced California personal injury attorneys. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

OSHA Fines Employer with More than $1M for Exposing Workers to Asbestos

What’s the price of safety?

For the US Department of Labor’s Occupational Safety and Health Administration (OSHA), safety is a priceless possession and must be a major concern in the workplace. That is why the agency immediately issued penalties amounting to about $1, 247,400 to Illinois-based AMD Industries Inc. after it was found that the company had exposed five workers to cancer-causing asbestos in December 2010.
OSHA also issued 19 willful and eight serious health citations to the company after an inspection at its facilities, as recommended by the Illinois Environmental Protection Agency.

According to a statement released in its website, OSHA investigators found that the company had an asbestos removal project using unprotected and untrained workers. The Illinois Environmental Protection Agency informed the Illinois Attorney General’s Office of the illegal removal and an action was enforced.
It was found later that the workers were exposed to materials containing about 20 to 50 percent asbestos.

OSHA investigators said the company failed to protect the health and safety of the workers when they sent them out to work without protective respirators or warned them of the risks to their health.

Under the law, a willful violation exists when there is either “an intentional disregard for the requirements of the law or plain indifference to employee health and safety”.

Similarly, a serious violation occurs when there is substantial probability of death or serious physical harm that could result from a hazard that the employer knew or should have known.

If you have issues involving workplace safety or work-related injuries, you can consult with our experienced Los Angeles employment and labor attorneys. Call us at 866-325-4529 and avail of our free case analysis

Cal/ OSHA and Work Safety Violations: Employer Sentenced to 1 Year for Employee’s Death

To know the importance of safety in the workplace, look at what happened to a California roofing contractor and his foreman, who was recently sentenced to one year in county jail for the death of an employee in January 2008.

“Safety first” is a common reminder posted in many workplaces. But despite this, serious accidents continue to occur, involving workers in various places of work.
The state Department of Industrial Relations (DIR) has again reminded California employers to provide necessary protections for their workers to prevent similar accidents.

What really happened?

According to a statement by the DIR, Antonio Martinez, 39, was one of the workers working at a roofing project at a four-story apartment building located at 646 Corbett Avenue in the Twin Peaks area of San Francisco, when he fell 38 feet to the sidewalk below.

After investigations, it was found that there were no safety measures in place at the worksite, which is a clear violation of Cal/OSHA regulations. It was also revealed that although the foreman was present to oversee the work, no workers were wearing a harness or any type of protection. Moreover, there were no railings, scaffolds or other barriers to prevent a fall nor written safety policies or training conducted as required by the agency.

As a result, the violations lead to the tragic loss of life for a worker.
If you are injured in an accident caused by workplace violations of safety regulations, you can consult with our experienced California employment and labor law attorneys. Call us at 866.325.4529 and avail of our free case analysis.

Faulty Electrical Vault: Modern-day Road mines in LA

Witness the evolution of modern-day land mine-- faulty electrical vault. It is no longer underneath, but right beside LA roads. It still has the same lethal elements, but has a subtle look of innocence. You cannot blame just anyone, but it can harm any passersby.

On Tuesday morning, an electrical transformer vault exploded near the University of California, Los Angeles (UCLA), injuring an oncoming Metro bus driver. The explosion even caused damage to the exterior of a nearby building at Westwood Boulevard and Weyburn Avenue.

Luckily, the bus driver didn't suffer amputated leg or arm, but minor injuries. There was also no fire that affected the facilities of UCLA. Minutes after, rescuers arrived at the scene and transported the driver to nearby hospital.
Los Angeles Police has notified the Department of Water and Power regarding the accident.

Should the bus driver have suffered serious injuries, liable parties will have to compensate the motorist’s medical expenses and loss income. Most likely, the government will face responsibility in the accident, and can enable the driver to recover damages. The bus driver can also file Worker’s Compensation claim to receive medical coverage.

As you can see, bus accidents occur even in the absence of a speeding or DUI fellow driver. It can happen while traversing a dangerous zone or in the presence of an unlikely power supply. Count the odds when heading downtown Los Angeles and pray there is no catastrophe waiting to happen on your vehicle.

Should you encounter a freak accident on Westwood, you can consult with a Personal Injury lawyer in Los Angeles to help you. Your Bus accident attorney will assist you on filing a lawsuit and asserting compensation for your losses.
You may call Mesriani Law Group number at 1-866-772-2889 toll free. You may also send an email at info@mesriani.com for free case analysis.

Kiss crash: Rocker Gene Simmons Daughter Injured in LA Chain Collision

Have you ever heard of a “Kiss crash”? It's a combination of rock and collision when approaching downtown Los Angeles. Seems like rock music and car driving was inherited by Gene Simmons' daughter as she crashed her Dodge Charger after partying in LA.

Sophie Simmons was on her way home from a Victoria's Secret event when a car rear- ended her vehicle. The accident caused two other collisions. Sophie was rushed to a local hospital for treatment of minor head injuries.

She escaped serious injuries because she wore her seatbelt, but still got hurt because her car’s air bags failed to deploy. It's better than a coma though.

Sophie showed how a “Kiss Crash” injury would look as she posted her pictures on Twitter. She tweeted followers that they are invited on her survival party at TRU Nightclub Hollywood. In response to the accident, her parents resorted to posting happy family photos.

Partying and driving at Los Angeles has often caused collisions and resulted to head injuries. More so, drivers who are drunk have been arrested for Driving Under Influence (DUI) and caused fatalities. Such negligent acts are prohibited under Personal Injury law and have corresponding penalties.

However, rock lasses can be difficult to tame especially at night on LA streets. Should you find yourself in a “Kiss Crash”, you can consult with a Personal Injury lawyer in Los Angeles to help you take legal action. You may call Mesriani Law Group number at 1-866-772-2889 toll free. You may also send an email at info@mesriani.com for free case analysis.

Celebrity Football Player David Beckham Escapes LA Crash Injuries

Glitz and glam will not be for Beckhams after a Los Angeles car crash. Even a stellar midfielder, David Beckham, can meet an accident on collision-prone 405 Highway.

The Los Angeles Galaxy's football icon was involved in a collision with a Mitsubishi car near Torrance. He was with his 12-year-old son Brooklyn, his passenger, and they were both unhurt after the crash.

Luckily, the Beckhams got away with the accident not just injury-free, but also ticket-free. It might be due to Beckhams prompt action to pull over and cooperate with police officers. Had he been stubborn like a posh celeb, he will surely next meet his wife behind bars.

The California Highway Patrol officers said Beckham's black Cadillac rear-ended the car and caused neck injuries to the driver. It was uncertain whether the highest-paid midfielder has made arrangements to cover the car driver's medical injuries.

If he chooses to provide such financial aid, he can prove his generosity and sense of responsibility, not just a stylish football hit.

Accidentally crashing your car onto a celeb millionaire is surely a lot better than with an uninsured motorist. A driver with insurance policy can help you pay hospital bills without the need to go on trial. However, should a Hollywood driver fails to compensate your bodily injuries; you can consult with a lawyer and pursue a Personal Injury lawsuit. Such legal action can help you assert payment for your losses.

For more information, you may visit http://www.mesrianilaw.com or call Mesriani Law Group at 1-866-325-4529 toll free. You may also send an email at info@mesriani.com for a free case analysis.

LAPD Sued for Sexual Orientation Discrimination and Harassment

While neither the Civil Rights Act of 1964 nor any other federal law prohibit discrimination based on an individual’s sexual orientation, some states such as California have taken the initiative in disallowing employment discrimination against gays and lesbians.

Under the Fair Employment and Housing Act (FEHA), a person’s sexual orientation is considered a “protected characteristic”. All private and public employers within California are prohibited from discriminating, harassing, or retaliating against employees for their perceived sexual orientation regardless of whether they’re gay, lesbian, bisexual, or heterosexual.

However, in Los Angeles, the police department is being sued by a former police sergeant who worked in the Los Angeles Police District’s Media Relation Section, claiming that he was discriminated against, harassed, and retaliated on during his employment.

According to the lawsuit filed in Los Angeles Superior Court by Sgt. Ronald Crump, his supervisor Lt. John Romero repeatedly harassed him because he is a homosexual. He alleged that he was referred to by Romero as “the new Ruby minus the heels”, was even told that “I was a religion major at Liberty University. Jerry Falwell (a conservative televangelist who founded said school) would roll over in his grave if he knew I hired you.”

When Crump reported the harassment to Mary Grady, who oversaw the unit, Romero talked to him and said, “Don’t forget I hired you even though you’re gay.” Crump then elevated his complaint to Police Chief Bill Bratton in June 2009 but instead, he was transferred after his vacation to an “undesirable assignment”. He claims that he was denied promotions because of his complaint.

In response to Crump’s accusations, the city says that Crump’s transfer had nothing to do with his sexual orientation. Grady allegedly transferred him because he did not work well with Romero and that the change of his assignment did not affect his rank or pay.

Every employee, regardless of his race, national origin, religion, gender, disability, and in California, even sexual orientation, deserve to work in a workplace free from discrimination and harassment.

So if you have any questions about discrimination especially about sexual orientation discrimination, you may submit your queries or case for analysis to the website of the Mesriani Law Group at http://www.mesrianilaw.com or call them at their toll free number at 1-866-325-4529.

California Cell Phone Laws About to Get Tougher: From $20 Fine to $50

Currently, state laws in California prohibit all drivers from using a handheld wireless telephone while operating a motor vehicle while drivers aged 18 years old and below are banned from using a cell phone or even a hands-free device while driving. The most recent, the Wireless Communications Device Law makes it illegal for drivers to write, send, or read text while operating a motor vehicle.

The fine for violating these laws is pegged at $20 but a pending legislation may drive that fine up $50, which if computed with other fees and penalties, can cost a first offender $309.

The proposed bill, which has been approved by the state senate and is pending before the Assembly, will also impose a fine of $100 for repeat offenders. Along with added fees, drivers who continue to text and drive will have to shell out more than $500 and will have a point added to their driving record for the offense.

But this bill isn’t just a bane for texting or talking drivers – it would also cover bicyclists who use a hand-held device while riding. The first offense is punishable by a $20 fine and further offenses by $50.

According to Senator Joe Simitian, the author of said bill, the stiffer penalties will deter more people from distracted driving. Allegedly, since the passage of these cell phone bans, there is a 20 percent reduction on collisions and fatalities in California.

Distracted driving is indeed a road safety concern that should be taken seriously. However, in this generation of multi-taskers, seeing drivers with their phones on their hands while driving has almost become a common sight and $20 is hardly a deterrent. This is why an increase in the fine imposed will discourage drivers – after all, $500 is way too much to lose for just texting or talking.

However, in the event that these distracted drivers fail to heed the law against hands-free use and texting and if they cause a crash while doing so, they would not just be facing a fine, they may also be sued by their victims for negligence.

Mini Horse Killed in Dog Attack, Owner is Cited

California’s Dog Bite Law can be found under Section 3342 of the Civil Code which states that, “The owner of a dog is liable to anyone bitten by their dog who is in a public place or lawfully in a private place, including the dog owner’s property, regardless of whether the dog has bit anyone before and regardless of whether the owner knew the dog had bitten anyone before.”

This means that in case of dog bite injuries or dog attacks in California, the theory of strict liability is applicable to the owner.

In Riverside, a miniature horse was attacked and killed by a pair of dogs owned by Cesar Siordia. The dogs, which were reported to be wolf-dog hybrids, escaped from Siordia’s home and mauled Chris Herron’s mini horse, Bojangles, in his ranch which is 3 miles from Siordia’s place.

One of the dogs were shot and killed and the other was caught by Animal Services and euthanized afterward. Allegedly, this wasn’t the first time Siordia’s pets attacked another animal. According to a neighbor, one of Siordia’s dogs escaped from the yard and attacked his Jack Russel terrier.

Herron has said that he plans to seek restitution from Siordia as he bought the mini horse for $5,000 and intended to give it to his girlfriend.

Animal Services has reported that although Siordia’s home has a 6-foot high chain link fence that is also electrified – it wasn’t high enough to prevent dogs from jumping over it and it was also unplugged at the time of the accident.

John Welsh, spokesman for Animal Services has said that, “Be a responsible pet owner and have a secured yard.” Siordia was cited by Animal Services for violation of leash laws.

Given the circumstances of the case, the owner of the mini-horse has every right to recover damages against the owner of the dogs because under the law in California, dog owners are liable for their pet's actions even for first time bites or even if the dog never displayed a hint of aggression prior to the attack. Although of course, there are situations wherein the dog owner’s liability may be reduced (i.e. trespasser bitten by a dog), the bottom line is, when you take on an animal you take on a responsibility.

CHP Launches Crackdown on Speeding Motorcyclists in Ortega Highway

With 52 motorcycle crashes and 7 fatalities reported 2009-2010 on Ortega Highway (highway 74), the mountainous 33-mile stretch is now the target of the California Highway Patrol’s crackdown for unsafe motorcyclists.

The crackdown includes stepping up the enforcement of motorcycle laws on the winding, two-lane highway, and a public awareness campaign depicting a mangled motorcycle with the flashing sign, “Are You Next?” to warn motorcyclists about the dangers of driving too fast.

According to the CHP, about 1/3 of the motorcycle-involved collisions from January 1, 2007 to December 31, 2008 were because of unsafe speeds. CHP Officer Brad Barksdale said that the purpose of the campaign is for motorcyclists to realize that there are other people on the road and that it is selfish for them to drive at high speeds, pass on curves, and go over double-yellow lines.

Although Ortega Highway is a great road for motorcycling, even private citizens welcomed news of the campaign. According to Mike Caudill, CEO of a Temecula firm specializing in automotive industry and a bike enthusiast, there are many too many motorcyclists on the road who do not understand how to ride a motorcycle. He said that the road is not a place for excessive speed and to just, “Take it to the track.”

The fund for the campaign is from the $185,000 grant given by the California Office of Traffic Safety through the National Highway Traffic Safety Administration (NHTSA).

The Insurance Institute for Highway Safety reported that around 900 Americans are killed every month because of speed-related motor vehicle accidents. Compared to passenger car drivers, motorcyclists are more apt to speed because of a lot of bikes have high performance capabilities which would encourage its riders to engage in risky driving behavior such as speeding and accelerating quickly or weaving in and out of lanes at a high rate of speed.

While most motorcycle riders killed in single-vehicle crashes were speeding, it is also a huge factor in collisions between a motorcycle and another vehicle. In 2-vehicle crashes, 77 percent of the motorcycles were struck in the front which means that the rider may have been tailgating or driving too fast to stop in time from hitting the vehicle ahead of him.

Injuries from motorcycle accidents may run up to thousands of dollars worth of treatment, and injured motorcyclists run the risk of losing many days of work and income. Speeding may be fun and exhilarating especially for bikers – but the cost and legal liability you may potentially face in a motor vehicle accident is never worth that risk.

For more questions about speed-related crashes and motorcycle accidents, you may call the Mesriani Law Group at (310) 826-6300 or send them an email at info@mesriani.com.

The Cost of Religious Discrimination at Work

Employers should never underestimate the consequences of allowing religious discrimination at work. Aside from its ability to negatively affect working relationships and the morale of employees, religious discrimination complaints filed by aggrieved employees can cost serious financial losses to companies.

In the fiscal year of 2010 alone, the Equal Employment Opportunity Commission reported that claims filed and resolved under Title VII of the Civil Rights Act of 1964 alleging religion-based discrimination has amounted to $10 million.

Most recently, a major retailer in North Carolina was held liable to pay $55,000 as well as other relief in order to settle a religious discrimination lawsuit filed by an employee who was fired for refusing to wear Santa attire.

The former employee, Myra Jones-Abid, who is a member of Jehovah’s Witness, was allegedly required by Belk’s Crabtree Valley Mall store during Christmas season last 2008 to don a Santa hat and apron. However, it is prohibited under her religion to recognize holidays so she refused to wear the holiday attire. Subsequently, she was fired by the company for declining to wear the apparel.

The EEOC then charged Belk with religious discrimination in violation of the Civil Rights Act of 1964 as the company failed to provide reasonable accommodation to Abid’s sincerely held religious beliefs and even fired her because of it.

Aside from the monetary award to Abid, Belk is also required under the settlement agreement to provide training on religious discrimination to all managers and supervisors in its store and to post a notice about employees’ rights under federal anti-discrimination laws.

Lynette Barnes, the regional attorney for EEOC’s Charlotte District said that, “No employee should be forced to choose between her faith and her job.”

Under the Civil Rights Act of 1964, it is unlawful for employers to discriminate against employees or applicants because of their religion in hiring, firing, and other terms and conditions of employment. Reasonable accommodation is actually required to be provided to the religious practices of an employee or prospective employee unless of course this would cause undue hardship on the employer’s business operations.

Thus, the failure of the employer to observe the rights of his employee and to commit an adverse employment decision on the basis of religion (i.e. firing), will expose him to legal liability which may cost him thousands of dollars worth of
compensation.

For more questions about religious discrimination and reasonable accommodation at work, you may call the Mesriani Law Group at (310) 826-6300 or send them an email at info@mesriani.com.

A Walk to Brain Injury Awareness

In celebration of the Brain Injury Awareness Month, hundreds of traumatic brain injury victims, their families and supporters will gather and walk around the state Capitol to raise funds intended to help other TBI victims and increase public awareness throughout the country.

This annual Walk for Thought in Sacramento was spearheaded by the Brain Injury Association of California with about a thousand members to attend the event. Related events will also be held in nine other cities of California.

Kathi Sturgeon, 50, who incurred TBI in a DUI accident three years ago, expressed her joy in participating to the said event. She further revealed that she was able to remember her friend’s name after taking her first couple of steps.

Like Sturgeon, most people with traumatic brain injuries were involved in motor vehicle accidents. Many of them weren’t able to recover thus they have to remain on wheelchairs and still bear with mental, emotional, psychological and cognitive sufferings such as damage to memory, speed of thought and judgment.

Depression or lacks of inhibitions are also common for TBI victims. Hence, brain injury patients must get immediate medical treatment and rehabilitation to have better chances of regaining their lives.

Events like this, I guess, will not only earn money to support the rehabilitation of victims. Knowing that there are organizations and private individuals that support their cause, patients might also be inspired to undergo the hardships.

For us, our brain injury lawyers will remain steadfast in defending their right to suitable compensation. We will work hard to make sure that our clients will get the most compassionate and vigorous legal assistance they deserve.

Heavy Rains and Road Accidents: How External Factors can lead to Car Accidents

In Los Angeles, due to strong wind and heavy rains, big trees fell and caused road obstruction while the road became slippery that caused accidents to some motorists; fortunately, the victims suffered only minor injuries.

Weather reports said the heavy storm on Sunday poured so much water in the entire region that experts say was almost equivalent to the total rainfall of more than the entire season.

The forecast said more rains may be expected in the coming days as the weekend will be cloudy, although with light precipitation.

On this rainy season we should all be careful while on the road. Check the road news and weather forecast before driving out. Don’t go to mountainside for there might have landslide or falling of trees. Neither at the seacoast for there might be high tide and strong waves.

External factors such as road or weather conditions can have adverse effects on driving . Rain, snow or sleet can make the roads slippery and can lead to accidents such as crashes and collisions.

A flooded road or highway also poses other dangers which are sometimes hidden or not visible to the motorists’ eyes such as debris from trees washed away by water, or open drains and manholes. On the other hand, dark ice, which is a thin film of ice and dirt on the road, can also make driving hazardous, causing slippery roads that often results in crashes and collisions.

To help you recover damages from car accidents, you need to consult with an experienced car accident attorney, who can help you determine fault and establish liability in the accident.

A Pioneer High Graduate got killed in Car crash

Sukhpreet Grewal, 18 years old and a Pioneer High graduate got killed when he hit a tree on Montague Expressway just east of Lafayette Street on a wet road. Grewal, who was wearing a seat belt, was taken to Valley Medical Center, where he died because of his injuries. The California Highway Patrol reported that Grewal's GMC Yukon car was traveling at high speed. But on Tuesday they did not release any new details regarding the investigation.

The CHP (California Highway Patrol) did not reveal whether drugs or alcohol played a role in the accident. However, Grewal’s friend named Joey Tiscornia said that Grewal had been at a house party before the crash had happened. Other friends also said that drinking and driving was not in Grewal's character. They said that he was a man of character, with aspirations and a good role model to others.

Drunk driving and over-speeding are two of the most common causes of death among teenage drivers. In fact, federal statistics show that about 60 percent of all teen deaths in car accidents are alcohol-related.

Unless authorities implement stricter measures in drunk driving violations among teen drivers, the unending cycle of teenage death in car accidents will continue unabated.

The investigation is still ongoing. It was so sad to lose such a young man with big dreams. No matter what the result of the investigation will be, there is still one thing that cannot be changed; the life of Sukhpreet Grewal will never turn back and the life of his loved ones will not be the same anymore.

68-year old Salesman Wins Age Discrimination Lawsuit against McMachon’s RV

These days, a lot of older employees have been getting passed over or fired in favor of younger or fresh out of college workers. Now that the U.S. is in recession, experience and wisdom at work isn’t as valuable as hiring cheaper labor.

This is why most employers find means and ways to cut older employees off the payroll (whether its termination, constructive dismissal, or even forced retirement) and opt to hire younger workers who would gladly work for a lower pay and less benefits.

However, this does not mean that older employees especially those aged 40-years old and above have no remedy for this kind of discriminatory treatment.

Take for example, the recent victory claimed by a 68-year old salesman from Placentia. Recently, he was awarded by an Orange County jury damages amounting to $385,000 after he filed an age discrimination lawsuit against his employer.

Bob Liemandt is a former employee of McMahon’s RV, a retailer of recreational vehicles in Irvine, and he has worked as a car salesman for 46 years. Allegedly, in 2009, after a massive heart attack in 2005, he started getting hinted into and pressured at retiring. A former employee testified during trial that the company’s president, Brent McMahon even called Liemandt a “liability” after his heart attack and said that the company had to get rid of him. In his complaint, Liemandt claimed that he was fired after an argument with one of the managers on the same day another employee was let go.

The jury found the company guilty of wrongful termination based on age and that the company violated public policy. Further, McMahon’s was also found guilty of oppression, fraud, and malice by the jury which merited the award of punitive damages amounting to $50,000. The rest of the award covered Liemandt’s backwages, lost commissions, loss of income, as well as compensation for his pain and suffering.

Although the company is going to appeal the case, according to Liemandt, he sued not just because of age discrimination. He wanted to take a stand for himself as well as others who were terminated because of their age.

Under the Age Discrimination in Employment Act (ADEA), it is unlawful to discriminate against an employee or job applicant because of his age. This protection against age discrimination encompasses the following aspects of employment: hiring, firing, pay, promotion, job benefits, lay-off, or any other term or condition of employment.

This is why employees like Liemandt should not be afraid to take a stand and fight for their rights against discrimination. For more questions on age discrimination claims, you may call expert Los Angeles attorneys from the Mesriani Law Group at (310) 826-6300 or send us an email at info@mesriani.com.

First Student to pay $150,000 for Sexual Harassment, Retaliation

In Los Angeles, the Equal Employment Opportunity Commission has imposed a $150,000 fine on a company after allegedly covering up sexual harassment complaints against a supervisor and even retaliating against the female employees.

In a suit against First Student, the EEOC claimed that a male supervisor allegedly sexually harassed 3 female drivers and an HR assistant and made unwelcome verbal and physical acts against the women. Allegedly, aside from making explicit remarks about the female employees’ body parts and the sexual acts he wanted to perform on them – he also exposed himself, grabbed the breasts of one of the female bus drivers and rubbed himself against her.

When the victims allegedly complained, a male manager failed to address the matter and even covered up the sexual harassment. One of the victims was disciplines while another was transferred in retaliation. Further, one of the female bus driver’s hours were cut because the supervisor’s sexual advances were refused, he also promised extra hours to employees who’d accept his sexual requests.

The severe sexual harassment forced 3 of the complainants to resign and according to the EEOC, the $150,000 will be awarded to the four female employees.

Sexual harassment is one of the most common labor violations in the workplace. Under the Civil Rights Act of 1964, it is unlawful to discriminate against an employee or applicant on the basis of one’s race, color, disability, or sex. Sexual harassment is actually a type of gender discrimination prohibited by the law and the EEOC defines it as any unwelcome conduct of a sexual nature that adversely affects a person's job or her performance. The US Supreme Court defined the 2 types of sexual harassment as:

• Quid Pro Quo – This means, “this for that”. This is a type of sexual harassment that results to adverse employment decisions (ex. refusing to hire, low pay, firing) if the employee refuses to cooperate or submit to an employer, supervisor, or manager’s unwelcome sexual advances or requests for sexual favors.

• Sexually Hostile Work Environment – This involves severe and pervasive behavior or conduct from either the employer, manager, co-workers, or clients that is sexually offensive that unreasonably interferes with the employee’s work performance.

Sexual harassment is illegal so victims should make sure to report any incidents of it especially if it has continued despite rejecting the harasser or telling him to stop.

For more information on sexual harassment lawsuits in Los Angeles, you may visit http://www.mesrianilaw.com or call the Mesriani Law Group at their toll free number at 1-866-325-4529 or email them at info@mesriani.com for free case analysis.

Trucker How Struck Minivan in Ventura Freeway: Negligent by Virtue of DUI

One of the main differences between truck drivers and regular drivers is the allowed alcohol in the system while driving.

While most states (including California) allows regular drivers to have less than 0.08 percent BAC on their system, federal law prohibits truckers from having ANY alcohol in their system.

That is why even the slightest alcohol in the system, can be used to prove a truck driver’s negligence in a truck accident.

That is probably going to happen on the part of the trucker who was arrested this Tuesday morning after crashing his truck into the center divider of the Ventura (101) Freeway and slamming into a minivan.

The crash seriously injured the minivan driver who had to be brought to a nearby hospital with the trucker, who sustained minor injuries.

The CHP also arrested the trucker for suspicion of driving under the influence and there are indications that his BAC may be more than the limit of regular drivers.

The minivan driver could and should file a personal injury claim against the trucker so that he can get compensation not only for his treatment but also for other losses he sustained such as lost income due to missed work, emotional distress and pain and suffering.

The trucking company can also be named as a defendant in the claim or lawsuit since they have vicarious liability over the actions of their employees.

Good news is that large trucks like big rigs and semis usually carry higher insurance coverage in case something like this happen.

Impaired Driving: DUI and Medical Conditions of Drivers

Impaired driving is one of the leading causes of motor vehicle accident death and injuries. While driving impaired usually means driving under the influence of alcohol or drugs, it may also be in the form of driving with a medical condition or elderly driving.

Tone-Loc, a rapper and actor was arrested for Driving Under the Influence (DUI) last December in Los Angeles but according to him, his arrest was a mistake.

It was reported that Tone Loc (Anthony Terrell Smith) was spotted driving erratically by the Los Angeles Police Department officers at around 3:00 in the morning. He was subsequently pulled over by the police and taken into custody and booked for DUI.

Although Tone-Loc was released 12 hours later after posting a $5,000 bail, he claims that he wasn’t driving erratically because he was drunk but that he was actually having a seizure right before the arrest.

His manager came to his defense and said that Tone-Loc hasn’t been drinking for many years as he has a history of seizures. Although the rapper was released after posting bail, the manager said that the cops realized his medical situation so they released him.

The rapper later that day checked into a hospital and claimed that the seizure may have been caused by the bad food he ate earlier.

Yearly, thousands die on the road because of impaired driving. Statistics show that in 2008, an estimated 11,773 people died in alcohol-impaired traffic crashes. Although medical-related accidents have no concrete statistics, it is just as potentially fatal as DUI crashes.

Whether its avoiding alcoholic beverages or drugs or taking proper medication right before driving, all drivers have legal obligation to drive diligently and safely to avoid causing injuries to other motorists on the road.

The driver shall be considered negligent if he or she was drunk or drugged at the time of the accident or if he had a medical condition and failed to take proper precautions or even drove even if it wasn’t safe.

Under the law, victims of impaired driving accidents may file a personal injury lawsuit against the negligent party and seek damages. A negligent or impaired driver shall be required to pay compensation to the injured party for his injuries or expenses related to the accident through economic and non-economic damages.

Promoter and Driver Sued in Fatal Off-Road Race Accident

Following a fatal off-road race crash that killed eight spectators, the mother of one of the victims, Andrew Therrien, 22, of Riverside has filed a claim against the race promoter and the driver.

The lawsuit filed by Doris Levinson is in behalf of Therrien’s young daughter named Johnson Valley off-road race promoter MDR Productions and driver Brett Sloppy as defendants. According to her claim, the promoter and the driver acted recklessly and negligently on the fatal August 14 race and failed to take proper precautions which led to the driver’s truck flipping into a crowd of people.

Allegedly, Therrien lost his life when he pushed his daughter out of the way of the truck and 7 other people died a few feet away from the track. Through her attorneys, Levinson claims that MDR did not follow established safety practices, failed to warn spectators about dangerous spots and keep them out, as well as for negligently understaffing the event. Further, the driver was accused of driving recklessly in a crowded area.

In addition to the above-mentioned defendants, the lawsuit also seeks to hold the Bureau of Land Management liable as it failed to oversee its permitting procedures which led to the accident. A claim has been filed against BLM, the first step in suing the federal government.

While human life is priceless and a lawsuit can never bring back a loved one lost in an accident – personal injury litigation is one way to help the victims or his surviving family meet the expenses and losses incurred after a death or an injury.

In fact, most personal injury or wrongful death claims seek to recover “damages”. Damages is a legal term used to define compensation paid by a defendant for an injury or loss – this may also be awarded in order to punish the defendant for his negligence or fault.

There are two basic types of damages – compensatory and punitive. The former is to provide compensation for actual expenses or losses suffered by the victim in order to restore him to his condition before the accident occurred. This includes medical expenses, loss of wages, doctor’s fees, and other related costs. Again, while human life and pain has no actual value, payment of compensatory damages may be used to reimburse all expenses incurred as a result of the accident.

Punitive damages on the other hand, when awarded are used to punish the defendant and to deter others from committing the same mistake or misconduct.