Wednesday, November 14, 2007

“10 News Myths about Bike Crashes”

I just read this blog article, “Top Ten Things News Gets Wrong About Crash Reports”, which enumerates the mistakes made by journalists who report about bike crashes. In the article, the writer pointed out the erroneous way some journalists present their stories about bike accidents. The article was written in response to series of reports written in the Oregonian, in March 2006.

Here is the list of ten mistakes committed by reporters who write news using wrong information and misimpressions about biking:

1. Failure to include speeds in the report. – Journalists fail to mention if a car or bike is speeding in the report, relative to the crash.

2. Failure to mention distracted or sleepy driving. – Drowsiness is one of the causes of bike crashes but reporters fail to mention cell phone use, drunk driving, and other deadly causes of accidents.

3. Failure to mention bike lane violation – Journalist must know that cyclists are allowed by law to use outside lane for various reasons (turning to avoid dirt pile or holes, etc.)

4. Mentioning that the cyclist was not in a bike lane when there was no bike lane on the road.

5. Noting that the pedestrian was not in a crosswalk, when she was, in fact, in an unmarked crosswalk

6. Calling “crashes” accidents, instead of crashes.

7. Repeating driver claims that “the driver did not see the cyclist/pedestrian” or that the cyclist or pedestrian “darted out”.

8. Noting the pedestrian was over the legal limit for alcohol use.

9. Talking about people’s choices of clothes - Reports focus more on the clothes worn by cyclists in accidents but fail to report on safety markings that should be placed on vehicles.

10. Mentioning information about helmet use, unnecessarily

Therefore, in writing news reports, journalists must be careful with facts and present their stories truthfully.

Tuesday, November 13, 2007

Schools near freeways: A time-bomb waiting to happen?

According to an article in the L.A. Times, the Los Angeles Unified School District is in the process of adding seven new schools to the more than 70 already near highways, despite a state law prohibiting it and evidence that road pollutants are harming children’s lungs.
The article "Schools still rise close to freeways", which appeared in the newspaper’s online version on September 24, quoted scientists from both UCLA and USC who have been studying the effects of freeway contaminants to the health and found that they are significant.
It added that children who reside near freeways are more likely to suffer from diminished lung function compared to those who don’t. These findings are further bolstered by the findings of a study by the California Office of Environmental Health Hazard Assessment, which found an increased incidence of asthma and bronchitis among San Francisco Bay Area children who went to schools near major highways.
Under a 2003 state law, school districts are barred from building sites within 500 feet of a freeway, unless it can mitigate the pollution or that there are no other options.
Given these facts, one may question the policy behind the continued preference of areas near freeways as school sites despite the hazards. According to Los Angeles officials, their choices have become “more and more limited.”
How do authorities limit their choices in this case? This is really a choice between finding a more suitable place over compromising the health of our children.
Are we waiting for a child to actually get seriously hurt before we put a stop to this geographical malady? If this time-bomb explodes, trial lawyers will get a field day in holding those responsible liable to the would-be victims.

Friday, November 9, 2007

Looking For the Prospective Accident Lawyer?

“What You Need to Know Before You Hire an Accident Lawyer” is a guideline on how to engage the services of a lawyer in case of an accident. The article carefully outlines the steps in hiring an accident lawyer, including information on the insurance system and how to preserve evidence.
I think one of the most important parts of the article is the one on deadlines. The article reminded readers about the importance of the statute of limitation in accident cases, which varies depending on state laws. I believe in other cases, some accident victims delay the filing of a claim until they find out that it is too late and regret it.
It also explained briefly the process of litigation and what clients are expected to do to help their lawyers. Another thing, it mentioned the importance of certain pieces of evidence needed to build a strong case.
As added information, the article discussed the process of hiring an accident lawyer, including the questions to be asked and the legal fees to be paid by a client. The article may look like a long lecture on the hiring of accident lawyers but it provided a wealth of information and advice to readers.
Moreover, the article advises clients on how to negotiate claims with insurance companies. Clients are advised not to give up in the negotiations and to stick to their demands. The article is lengthy but largely, it is informative and takes the reader in the reality of negotiations among insurance men, claimants, and the accident lawyer.

Thursday, November 8, 2007

A Disastrous Bicycle Accident Story

This is a brief story of a bicycle accident case I am recently holding that involves a young man who is fond of trekking the busy streets of Los Angeles with his bike. He suffered from spine injury due to an intense hit by a car that threw him near the road gutter. This is his accounts. (I opted not to indicate the particular place where it happened to secure my client's identity)
It was around four o’clock in the afternoon; I am on my way home with a pack of donuts for my younger sister. I am riding on my bike near the ______ crossing when a car on the other side of the street makes a sudden turn to the left. I do admit it… I was traveling fast but it was clear that the green light is on.
I do not remember what happened next. I just see myself the next morning, lying on a hospital bed with a hard thing that prevented me to move. Only then, I knew that the car has hit me and threw me on the side when my mom explained to me what had happened.
This young man is crying while he is telling his story. I was upset when I heard that the car driver did not do anything to help him with the hospital bills. My client has undergone a surgery and still going through a thorough strenuous rehabilitation to at least bring back his capability to stand.
Now, his case is still pending in court. However, I am very much confident that we have a strong bicycle accident claim against the unruly driver. Thanks to our two witnesses who agreed to testify on behalf of my client. If the court will accept their testimony, along with our other evidences, my client will be able to obtain justice and recover substantial amount of damages from the other party.
As for the moment, I asked him to continue his treatment while I make sure that the car driver will be accountable for his aggressiveness.

Wednesday, November 7, 2007

Prohibiting the Use of Cell Phones while Driving

The count down timer is set for those teenagers who are fond of using their cell phones. Just recently, California Governor Arnold Schwarzenegger has signed a law banning the teens of making use of their cell phones while driving their cars. This law covers all drivers under the age of eighteen or those who are carrying provisional driver’s license.
According to this cellphone ban law, all of those who will be caught for violation will be fined $20 for their first offense and higher penalties for the succeeding violations. However, the California Highway Patrol operatives affirmed that they would try to direct their efforts in educating the teenagers rather than to apprehend them.
Similar law has also been implemented lately for adult drivers. However, they are still allowed to use their cell phones if they utilize hands-free devices in making a call. The lawmakers explained that adult drivers should be given such consideration before the law because they are deemed more responsible and cautious compared to teenagers.
Now, I do believe that these laws, upon its implementation, will lessen the accounts of car accidents on our roads and highways. The Insurance Institute for Highway Safety also affirmed those motorists who are using hand held phones have 400% greater possibility of being involved in an injury causing accident.
It is a fact that handling the driver’s wheel and dialing a cell phone makes driving more difficult and risky. This performance may affect the driver’s concentration and may result in a tragedy.
Meanwhile along with these legislative efforts made by the government in order to lessen the risks of accidents, we have the obligation to be extra careful in driving. We must always consider the people who might be affected due to our failure to abide the traffic rules.
As for the already victims of these unfortunate incidents, it is always your privilege to defend your right and file charges against the liable parties. Seek the aid of car accident lawyers whom you trust and assure recoveries.

Tuesday, November 6, 2007

The Real Score In Quality Testing

The article “Child Safety In Car Accidents: Los Angeles Lawyers Call For Stricter Safety Standards”, posted in January 2007 calling for a review on laws for the safety standards of child safety seats in cars should become a cause of concern for many of us, even for those without children to drive with. According to the National Highway Traffic Safety Association, which conducted the tests, only two out of the twelve models presented, passed their standards and are fit to be used by consumers.
The revelation that many of the child safety seats being sold in the market today fail safety quality standards is quite alarming. I cannot even imagine seeing a child or a baby in a car that crashes even at low speed and discover the inefficiency of the safety seat during the crash.
Protesting lawyers put the blame on the limited testing undertaken by government to test the quality standards of child safety seats. They claimed the test failed to achieve its goal, as the safety seats were tested only in 30mph front end collisions, when we know for sure that most car accidents happen under extreme conditions at high speed. In this respect, the tests conducted failed to determine the real conditions during car accidents and what child safety seats can really do.
Despite this, I still find consolation in the report that said child safety seats have been responsible for the safety of many children in most car crash accidents. However, I would still recommend the recall of the products from the market. The sooner they are taken out, the better the chances of survival for our car-riding children and babies.

Client Power: To Hire, To Fire

I just come across this blog article “Be Wise Enough To Hire the Right Legal Services” and found it interesting, insightful, and informative. The article urges you to take a closer look at lawyers before taking up the services they offer. It also offers suggestions on how to scrutinize a lawyer’s credentials and ability.
One interesting advice from the article says that it is often reliable to ask about a lawyer’s background through his former clients and colleagues. I find this piece of information very valuable. As a non-lawyer who sometimes have legal questions in mind, this article gave me some knowledge on how to hire the right legal service for a particular issue or case. He is right in pointing out that clients often fail to determine their case before seeking the services of a lawyer, hence they often fail.
Through this article, a reader will learn some mistakes that most clients often commit. I believe that if there is one error that clients are prone to commit: it is the rashness in choosing a lawyer.
The article also gives the reader the power to choose over the legal services that he wants to hire, depending on his needs and concern.
I agree with the writer of the article that lawyers have their own areas of specialization and they should be hired according to their knowledge, experience, and abilities. By hiring the right lawyer, a client has better chances of success in his case.
In the end, hiring the appropriate lawyer for the job will also help determine the outcome of a case. And, I believe the power to hire and fire lies in the hands of a client.