Thursday, July 31, 2008

Neither owned nor domesticated animal, attacks: Who is liable?


A ferocious bear attacked a 57-year old in Kern County just this week. A cbs5.com news reported that the bear mauled a woman and one of her two dogs during a morning walk.

The woman who wasn’t named suffered severe laceration of the face and scalp. She was able to escape the attack and managed to drive into a nearby fire station to get help.

She was airlifted to the UCLA Medical Center where she was treated.

Due to the peculiar circumstances of the case, I don’t think the woman can file an animal attack injury claim.

Nobody owns the bear. It was an untamed animal living in the wilderness. Neither does the area where the animal used to roam around was owned by a single person. Who then can be held liable?

Your guess is as good as mine. To consider the Bureau of Land Management, the forest rangers or the county liable is going over the top.

But had the bear been owned, say by a park or by an individual, the woman would have had the legal recourse of recovering from such owner or possessor of the animal.

Like in cases where dogs attack human, the victim will most probably sue its owner. The liability of the owner is based on his negligence in handling his animals. The law allows the victim to recover for compensation for incurred medical and hospital expenses including, in some cases, loss of income and pain and suffering.

What happened to the woman was unfortunate but she wasn’t unlucky enough not to escape the animal attack. The attack was theorized to be the result of ongoing 37,000 acres mountain fires in the area which drives bears to hunt for food and water outside their habitat.

Wednesday, July 23, 2008

Waging Timely Legal Action in your Pedestrian Accident Involvement

Another ruthless Pedestrian Accident have happened in California, just last Sunday Night, at about 9 p.m. at Hollywood Boulevard. This was reported by the CBS2.com with the heading, “Suspect Held On $1M Bail For Hitting Pedestrians”.

According to the news, a man and a woman, both Latinos, were fatally struck during a police pursuit of an alleged reckless driver. Both died at the scene of the accident at 6440 W. Hollywood Blvd., about two blocks west Vine Street.
Based on the witnesses’ recollection, the victims were holding hands and walking in a crosswalk when a vehicle stopped for a red light before suddenly lurching forward and striking them. The suspect was Sergio Delgado, which according to the witnesses appeared to be intoxicated.

Repeatedly, we are constantly experiencing endless cases of accidents of this sort. We cannot help but wonder why does accidents kept on besetting us, despite our wager of so many measures of safety. I am fully concerned with all these, and I assumed most of us also did, as we or any member of our family can potentially be a victim of this never-ending mishaps.

I can feel how gloomy it was for the surviving family of the victims who died for no valid reason. To them, I extend my condolences.

As an Attorney and a local in California, I considered this type of accident as one of the deadliest accident involvement anyone can have. I have handled a bunch of cases of this sort during my entire practice, which were all tragic and life destructive, though my clients have somewhat attained their deserved compensation.

All I can say for the victims as well as to their families and to those who may experience this type of accident that they should take immediate legal action against the erring culprit who may have caused their depressing situation. This is a must do for them in order to get compensated at the soonest time possible.

Tuesday, July 22, 2008

Reasonable Advances after Your Vehicle Rollover Accident Involvement

A woman, identified as Mukhtar Bagum, a 64-year-old Diamond Bar resident was killed in a fatal Vehicle Rollover just recently, during a hit-and-run traffic accident on the Garden Grove 22 Freeway in Garden Grove, according to the Orange County Register Record.

The Bagum’s was reportedly riding a 2004 Toyota Sequoia, a Sports Utility Vehicle (SUV) when the drunk driver driving a 2005 Chevrolet Malibu hit them from behind, clipping them and causing their car (Toyota) to roll over several times, ending with Muktar’s death and six others injured.

This case of sullen Vehicle Rollover incident involving drunk drivers is something not new, may be across jurisdiction and particularly within the Orange County area where the accident happened.

Glaring from the records of the Orange County Chapter of Mothers against Drunk Driving (MADD) it reflected that alcohol is a major factor in bringing about 42 percent of fatal auto accidents in Orange County. Other states’ statistical bureau had also attested this fact in their respective territorial limits.

I express sympathy to the Bagum’s family for the tragic loss of one of their member. I can feel how terrible they suffer from such experience.

As an Attorney, I advice the Bagums and those similarly situated to take the necessary advances now in their compensation pursuit for their own injuries and for the losses as a consequences of the demise of their loved, Mukhtar Bagum. They should wage their proper claim, at the soonest and whenever practicable.

With this hurdles, all those who are in this situation should manage to consult an attorney well versed in Vehicle Rollover accident, in matters of litigations and claim. The Attorney who has the considerable exposure and experience in these respects can know the ins and outs of the various legal issues in lawsuits of this kind that can certainly give you the much-desired result.

The Vehicle Rollover Lawyer is your reasonable advances after your Vehicle Rollover accident involvement.

Tuesday, July 15, 2008

Auto Accident Wiped out Entire Family, Left Little Girl Dead.

A very horrible auto accident happened in Rialto very recently. The whole family was wiped out by a speeding SUV vehicle one fine Sunday noon.

The story entitled ”Rialto Family Struck Down In A Bicycling vs Auto Accident” was reported by The Daily Bulletin online.

It appears that the driver was drunk. He was said to be fleeting from a hit and run accident when he hit the Rialto family. The unfortunate accident left a 2-year-old girl dead and her mother, father and 1-year old brother seriously injured.

The family was said to be enjoying a family time bicycling when the drunk driver came and wipe them all out.

Now, I don’t know about you but it always upset me to hear news like this. This is shocking. Because of somebody else’s negligence – hardheadedness, to be more precise – somebody gets killed or injured. This time the entire family. Such a big loss for such a stupid act – pardon the word.

The driver Rolando Astorga deserves our condemnation. He must pay for what he’s done. He caused the wrongful death of innocent girl and seriously injured her entire family. He must be prosecuted. He must face charges of hit and run and several other felonies which should bring him in jail.

An old adage goes… an eye for an eye a tooth for a tooth. Were it not for civilization, Astorga might pay more radical price than just criminal and civil prosecution for the wrongful death and injuries he caused.

He should be thanking the judicial system in America: His life will not be taken because he took another, his limb will not be severed because he thoughtlessly cause the same to another.

He will pay the price in another manner. He will have to compensate the family for their loss, including the injuries they themselves sustained.

Auto accidents like this do not only deserve the wrath of law but the condemnation of the whole society as well.

Monday, July 14, 2008

Dog Bites and legal bites

The Stockton record reports relayed the news that happened to the two Animal Control Officers who were bitten by a pit bull Tuesday in unincorporated east Stockton. The event happened while the two officers are doing some follow-ups on a report from the night before that a dog at the address had attacked and bitten a girl in an unprovoked attack.

When the two county officers arrived at the house in the 200 block of South Walker Lane about 9:30 a.m. Tuesday, the dog attacked them, inflicting deep puncture wounds in the left arm and midsection of one officer and the thumb of the other, as relayed by Ernest Molieri, manager at the San Joaquin County Animal Control Division.

The event was described then as the worst dog attack on county animal control officers in recent memory.

Luckily, the two officers have not been injured hard enough to cripple them. They were taken to San Joaquin General Hospital after the incident where they were treated and released.

As I view the situation in relation to the dog classification under the Stockton’s Vicious Dog Regulation Ordinance, it can be safely assumed as per the account of the events and dog bite involvement of the pit bull, that the dog can be properly labeled as a potentially dangerous animal. Indeed, it was.

As for the two animal control officers, as well as to other similarly situated, I can say that they have the right to sue the dog’s owner for their injuries.

In most states particularly in California, dog owners are held by law strictly liable for damages to any person injured. However, claiming damages for the resulting injury is not that simple but involves complex process and considerations.

For this hurdles, the injured victims can confer their predicaments to a qualified Attorney who is adeptly knowledgeable and skilled in dog bite injury cases. Having an Attorney in their behalf can give them a legal bite in their claim pursuit against the erring dog owner.

Tuesday, July 1, 2008

How to Prevent Pedestrian Accident

If you think that only drivers and passengers sustain injuries in case of collisions, you are wrong. Pedestrians are the most at risk from being seriously injured in case of mishaps.

Statistics show that pedestrian accidents are on the rise. The worse part is most of the victims are children. In the United States alone, as many as 5,000 pedestrians are killed annually because of road accidents.

Admittedly for some pedestrians, accidents happen due to their recklessness or eagerness in crossing the street. But for some pedestrian, it just so happen that they are there at that unfortunate time and place.

Regardless of the cause, pedestrian accidents, just like other accidents, are avoidable. You just have to be cautious and remember to “stop and look”.

The following tips may be helpful to prevent them:

  • always cross the street in a straight line, never in diagonal
  • avoid jaywalking
  • always walk on the pavement
  • stay visible
  • use pedestrian crossings
  • observe traffic lights and respect the signals
  • look carefully right and left when crossing major streets and highways
Unlike vehicular mishaps, pedestrian accidents are given minimal attention. As a result, only a few are aware of how to avoid them. But since it is becoming rampant, we should do something to prevent this not so spoken yet dangerous social dilemma.