Friday, November 27, 2009

Gas Pedal in 3.8 Million Toyota Vehicles to be redesigned

Vehicle manufacturers and makers are responsible for the safety of people who used their cars or vehicles. Hence car manufacturers can be held liable for injuries suffered by car users from accidents caused by manufacturing or design defects.

Among other changes, Toyota will redesign gas pedals on about 3.8 million of its known trucks and cars to correct possible unexpected acceleration problems.

The automaker will start to notify vehicle owners about this nationwide recall before the year ends. It will include recent model years of Avalon, Camry, Tundra, Lexus, Tacoma, and Prius.

Owners were already advised to remove their driver-side floor mat so that the gas pedal will not be entrapped.

This move followed after San Diego County Sheriff’s Department released a preliminary report stating that the recent fatal high-speed accident in Santee likely happened when the floor mat entrapped the gas pedal. The life of a police officer and his family members ended due to the incident.

The pedal will be about ¾ inch shorter and will have a somewhat different shape after it was modified.

Toyota will install a brake override system and change the Styrofoam padding beneath the floor carpet in the Camry, Avalon, and Lexus models with a thinner material.

This system will be responsible in cutting the power in case of an abrupt acceleration situation in which the vehicle’s brakes and pedal are simultaneously pressed.

Deaths may have been prevented if only Toyota was more cautious in designing and manufacturing its vehicles. The company should have foreseen accidents that may happen if a certain part due to vehicle defect.

Thursday, November 26, 2009

Toyota Tundra Trucks Recalled Due to Excessive Rusting

Toyota has announced its recalls on some 110,000 2002-2003 models of Tundra trucks after reports that road salt caused excessive corrosion that can cause the spare tie underneath it to fall off and endanger other motorists.

The National Highway Traffic Safety Administration warned the public and asked them to remove the spare tire to prevent accidents.

Vehicle manufacturers should be cautious in maintaining the good quality of their products to avoid any bad image that could reflect in the company’s income.

Moreover, under product liability, they will be held accountable for any car accident that may result from their negligence in manufacturing vehicles and so they should conduct tests to prove their product’s good quality.

Wednesday, November 25, 2009

Saving Life in the Water

One moment he is enjoying the surf, the next thing he knew he was drowning. When Matthew Dinday drowned on the beach, his unexpected death was surely an unbearable news for his mother to receive. Ironically, Dinday was an experienced diver and he only went back to save his father and unfortunately, it was him, not his father., who perished in the waters.

Every year countless people die from drowning and other swimming-related accidents such as scuba diving. For someone who was trained to swim, the diver’s death was flabbergasting for most people. He was there to save his dad but apparently he was the one who needed saving.

It is important to keep one’s safety when they are in the water because this environment can be pretty unexpected. Undercurrent and huge waves are some factors why drowning happens. Some people underestimated the currents of the ocean and proceed to swim alone.

It is better to have someone tag along when swimming so that he can immediately call for help in case accidents happen. People may suddenly experience their leg or feet cramping thus leading to drowning.

Kids must be accompanied by guardians who must see to it that they are safe. Using floaters can also provide protection apart from having someone tag along with them. Even if there are lifeguards on the beach, that does not reassure them that they are safe. Knowing how to swim is a plus but it does not guarantee anything.

When one encounters such accident, he may consult with a lawyer specializing on drowning accidents to know what he can do to deal with this tragic accident. He will guide the victim’s family on what to do and help them resolve their problem. Drowning can be prevented and people have to be aware on what to do when they are frolicking in the water.

Tuesday, November 24, 2009

Bicyclist Sustains Major Injuries after Collision with Truck in Huntington Beach

A 26-year-old female bicyclist sustained severe cuts and broken bones on her legs after colliding with a semi trailer yesterday in Huntington Beach.

According t reports, the truck was on the right lane of eastbound Edinger Avenue waiting for a red light to make a right turn towards Gothard Street.

On the other hand, the bicycle was on the bike lane and went straight after the light turned green resulting in a collision with the truck.

The victim would probably file a personal injury claim against the driver or the company who owns the truck.

Since trucks need more room to make a turn, they are allowed by law to take the outermost lane to give them the needed maneuvering space.

However, they are also required to proceed with caution and check for any incoming vehicles or pedestrians.

The bicyclist on the other hand may also have some liability or what we call comparative negligence.

When approaching an intersection, the law asks us to practice caution, it would seem that the bicyclist was not able to slow down and decided to go straight into the intersection without checking for hazards.

The truck driver would have likely been using a turn signal to inform incoming vehicles of his intent to make a turn.

Maybe, as a result of the bicyclist’s haste, she was not able to notice the signal. She may have also positioned herself on the truck’s blind spot where she cannot be seen by the driver.

Either way, the amount of liability of each driver will be determined after the police complete their investigation.

Thursday, November 19, 2009

Handling car accident insurance problems wisely


Car insurance companies are important if you own your own vehicle. It covers accidents and helps you pay the damages incurred. It is taken as a precautionary measure to lessen the burden cause by an accident. However, there are several car accident insurance problems you have to deal with.

Car accident insurance problems
1. Expensive insurance premiums- sometimes this cost even more than your vehicle. The reason why this happens is because the “risk exposure chances are high.” Your insurer will assess how much you have to pay. They factor in your age, marital status, sex, type of vehicle driven (car, SUV, sports car, etc.)
2. Contractual clauses- the insurance company may ask for higher premiums or disapprove coverage for clients who have high-risk exposures.
3. Redlining- even racial profiling is evident in the insurance business. This has been not practiced in the US lately and is now considered as illegal.

Insurance coverage claims problems
• Out of date claims-this is one circumstance that may lead you to encounter car accident insurance problems. If you neglected to contact your insurance company immediately right after the accident and provide them the police report and other necessary documents, then the claim will be stale.
• Insufficient documents- it’s important to take pictures of the accident and necessary to gather all information about what happened exactly during the accident that happened. Avoid being ambiguous when it comes to explaining to your insurer what exactly happened. They should know the correct information on how it transpired.
• Vague coverage- drivers themselves may not know exactly what is covered by their insurances. And apparently, some insurers may not know exactly also. It’s important for you to keep track of your specific coverage so that you won’t have to encounter any “surprises” from you insurance company. Sometimes, there are some insurers who may claim ambiguous clause in the policy regarding the types of damages incurred the cost of damages covered and what kinds of explanatory circumstances might avoid coverage.

Moreover, they may present value issues. The insurance companies may claim that your vehicle is almost worthless thus it doesn’t require that much payout. So it’s very important to file all insurance documents or records to avoid these circumstances.

Sometimes you might encounter problems with claiming from the claims department. If this happens, your insurance agent can help you by stepping in and pleading your case. They work on a commission basis.

However, if your agent is not available to help or assist you immediately then you can call directly the company’s supervisor handling insurance claims. If by any chance, still they refuse to cooperate with your then you may go directly the company’s division who handle such cases. Present them all necessary documents. Prepare them just in case you will need to fax, e-mail or send them through snail mail.

However, if still they choose to dispute with your claim, the next best thing to do is to call your local or state’s insurance department. Tell them specifically the scenario. Know if you are right or wrong and what you can do after. They may be able to guide you on the steps or exact words you can say to your insurer.

Make sure you also have the names, phone numbers and other details (your conversation with your insurer) of the insurance company which you can present to the local or state officer/s assisting you. So that if the insurance company is still uncooperative, the local or state department can call them and handle it themselves.

However, if still it doesn’t solve your problem, then it’s time to get yourself a lawyer with an insurance law background to handle your case and claim.

Tuesday, November 17, 2009

San Juan Capistrano 250-Acre Brush Fire injures Two Firefighters

Some jobs can actually endanger the lives of people who are tasked to fulfill their sworn duties. One of these jobs includes being a firefighter. As dangerous as can be expected, firemen enter burning places, put out the fire and save the people trapped in them.

In fact, two firefighters recently sustained minor injuries while they were trying to contain a wildfire that has already grown to about 250 acres along a wilderness area in Orange County.

According to authorities, the fire burned through heavy bush around four miles east of San Juan Capistrano.

Reports stated that about two water tenders, two fixed-wing aircrafts, five helicopters, four aircrafts, 20 engines, and 300 firefighters were found at the area. In addition, about 100 firefighters were still expected to be summoned to help in the firefighting effort.

Officials said although a downed power pole was found in the area, it is unclear if it is responsible in sparking the glaze.

The state should provide adequate support to the two injured firefighters. In addition, other firefighters should be clearly informed about the danger of their job and what it requires from them.

For more information about fire and burn injury claims, contact a personal injury lawyer in your area.

Friday, November 13, 2009

Trucks Dumps Garbage on Street Fire

A truck driver in Laguna Niguel has reportedly unloaded the garbage he was carrying in his truck in order to extinguish the fire on the street. However, instead of killing the fire, the garbage he dumped fueled the fire instead causing it to grow bigger and threaten the safety of motorists and pedestrians.

Two engines were sent to the scene and extinguished the fire with a foam solution. The road was said to be cleaned after an hour.

Luckily, the fire was put out but if the scenario was way different, others could have been hurt and suffered fire and burn injury.

Thursday, November 12, 2009

Toyota Sued for car’s Sudden Acceleration

Defects in cars could be a ground for a product liability case especially if injury results from such defects. But for two Los Angeles residents, filing a case seemed the right thing to do even without sustaining any injury. They believed that a fatal accident could be prevented if a case would be filed at this time.

Plaintiffs Seong Bae Choi and Chris Chan Park were the owners of vehicles manufactured by Toyota Motor Corp. They alleged that they have experienced several instances of sudden and involuntary acceleration when driving their cars.

The suit came after Toyota has recalled 3.8-million of its vehicles due to its accident-causing floor mats. McCuneWright, counsel for the plaintiffs, said in the press conference that the suit was necessary to save lives and to force Toyota to make changes.

Toyota argued that the sole reason for its car’s unintended acceleration was due to “unsecured or incompatible” floor mats. It advised owners with the subject defective cars to remove the floor mats for the time being.

In California, a product liability case is also known as a liability without fault. The plaintiff need not prove that the car manufacturer is negligent. Liability attaches the moment the burden of proof is met.

For injured victims, a personal injury lawyers may be hired to pursue a product liability case against the car manufacturer.

Wednesday, November 11, 2009

San Diego Police calls Monday Bike Collision an Unfortunate Accident

San Diego is calling Monday’s crash an unfortunate Accident. The Incident in question is the bicycle accident that involved a San Diego Patrol Car.

According to reports, the unidentified 63-year-old bicyclist turned from a gasoline station parking lot and headed south to a bike lane in Genesse Avenue.

The bicyclist then crossed a lane and consequently collided with a patrol car north of the intersection at Governor’s Drive.

The patrol car was running under 45 mph and was on the way to respond to another accident when the collision happened. The patrol car did not have his lights and sirens on during the accident.

The bicyclist, on the other hand, was wearing a red helmet and a vest with reflective patches.

The collision knocked the helmet of the cyclist head and he died on the scene.

The officer who was driving the patrol car was uninjured but was placed in paid administrative leave until the investigation is complete.

The family of the elderly bicyclist should consult a wrongful death attorney to discuss their legal options.

Although police are ruling this as an accident, the family of the victim can at least file civil lawsuits against the police officer.

Further investigations would show that even if it was an accident, the police may have committed some acts of negligence that could have caused the collision and resulted in the death of the victim.

Wednesday, November 4, 2009

Personal Injury lawyer Dies in Crash

John O'Quinn, a prominent lawyer who handles personal injury cases in Texas, died after a solo car accident.

O’Quinn died with his driver as the Sports Utility Vehicle they were on crashed onto a tree. Police are yet to release statement as to what might have caused the accident.

Car crashes are almost inevitable as a person has no control over the actions of other motorists around them. But in O’Quinn’s case, the accident could have been prevented only if the driver was cautious enough.

However, product malfunction can also cause single vehicle collisions. In cases of product liability, the manufacturer of the defective product will compensate for the wrongful deaths of the deceased.