Los Angeles Attorney Services and Legal Resources

Californians May Not Get 20-Weeks Full Extension of Unemployment Benefits

noreply@blogger.com (LA Attorneys) — Tue, 10 Nov 2009 02:54:00 +0000

Because of the delay in the passage of bill that would extend unemployment benefits, very few (if any at all) would qualify for the full-20-week extension.

Although the bill aims to provide a 20-week extension for states that has a high unemployment rate and 14-weeks for the others, it seems that none of the states may get the full extension.

In California, who has a 12.2% unemployment rate, jobless workers should get 20 full weeks.

But they won’t.

This is because Congress failed to change a sunset provision on the bill.

A sunset provision terminates or repeals portions of the law after a specific date.

It is a complicated matter.

The congress, instead of attaching the additional weeks in one new extension, the bill set up a plan that adds two new extensions to the previous ones before the last extension takes effect.

This is referred to as FedEd.

Congress extended FedEd from 13 to 20 weeks with a sunset provision that takes effect at the end of the year.

After January 1, the FedEd will revert back to 13 weeks.

Confused?? So am I.

Anyway, what it generally means is that even if you could start collecting on the latest extension today, time will run out before you can complete 20 weeks of benefits.

So what should jobless Californians do?

Well, nothing really.

Although a lot of people were expecting 20 weeks, a 14 week extension should be better than nothing.

The other option would be to implore Congress to change the sunset provision, which would probably mean more delays on the benefit.

Since most people have exhausted their unemployment benefits, most will take what they can from this extension.

Car Fume Detoxifier Causes Wildfire near the 60 Freeway

noreply@blogger.com (LA Attorneys) — Thu, 05 Nov 2009 20:22:00 +0000

The wildfire near the 60 Freeway may have been caused by sparks that flew from a defective catalytic converter of a pickup, authorities said.

The wildfire caused a big traffic jam on the 60 and 57 Freeways, as commuters were advised to take alternative routes to their destination.

Several fires started almost at the same time at about 11:45 a.m. and spread to about 50 acres.

It gave a lot of people a scare as most believed that this is another case of arson.

Fire officials announced that the fire was mostly out by 2 pm.

The fire caused 4 smoke inhalation injuries, plus one firefighter being treated for heat exhaustion.

Fire officials later said that an overheated catalytic converter – a device that converts exhaust before it exits the tail pipe- may have triggered the fire.

If that is the case, the manufacturer of the catalytic converter may be held liable for the property damage and personal injuries that the fire caused.

Under the product liability law, if a product is proven to have a safety defect that caused injury or death, the manufacturer of the product will assume responsibility despite the lack of negligence.

Besides, a cataclysmic converter is a device that is supposed to help the environment.

Once it becomes defective, it ceases to serve its purpose and may even cause an environmental accident.

School Superintendent Admitted to Romance with Elementary Principal

noreply@blogger.com (LA Attorneys) — Wed, 04 Nov 2009 19:55:00 +0000

A Mountain View Whisman School district superintendent admitted to having romantic relations with a district principal.

Maurice Ghysels did not disclose though, how long his relationship with Carmen Mizell has been going on, claiming that it’s “a personal matter.”

Carmen Mizell is the principal of Edith Landels Elementary.Both Ghysels and Mizell are going through divorces with their current spouses.

They informed the school board last July; Ghysels through a phone call and Mizell thorugh a letter.

The board then discussed the implications of the relationship including possible conflicts of interest.

The district’s action was to change the administrative structure by removing Mizell under the direct supervision of Ghysels. Her new supervisor would be Superintendent Mary Lairon, who incidentally is reporting directly to Ghysels.

There is no policy concerning personal relationships but the board admitted to at least avoiding it in practice.

Here is an example of what we can use to differentiate sexual harassment from sexual misconduct.

There is no basis for a sexual harassment in this case since Ghysels never created a hostile working environment and Mizell never claimed to have received unwelcome sexual acts.

However, since Ghysels engaged in a sexual relationship with a subordinate, there may be cause for sexual misconduct.

Sexual misconduct though is not illegal in nature, but it is often against professional codes of ethics.

If the board had a policy for this, then it could have caused him his job.

But since the board admitted that there is none, they will just have to be content in frowning upon the act and make moves to avoid conflict of interests.

Otherwise, if they fire Ghysels, it may be a cause for a wrongful termination lawsuit.

Big Rig Accident Causes Road Closure

noreply@blogger.com (LA Attorneys) — Thu, 29 Oct 2009 07:28:00 +0000

Accidents involving big rigs can cause bigger damages because of the vehicle’s weight and size. In addition, it can also inflict graver injuries to the occupants of a smaller vehicle in the occurrence of accidents.

True enough, a big rig accident recently caused Interstate 5 in Burbank to be closed for five hours, also resulting to jammed rush-hour traffic. In addition, the incident also caused harm to one person.

According to authorities, the big rig smashed through a center divider and caught fire. Five other vehicles were also involved in the accident, and several crashed under the truck.

One person was shortly trapped in the ruins. Police said one person sustained injuries that were described as minor to moderate.

Employers are required to carefully choose the people who will operate a big rig if a work requires it because they may also be liable if the driver’s negligence causes an accident. Implementing stricter screening processes will ensure that every person operating this vehicle has the right skills to do it.

LA Councilman Pushes for Wage Theft Criminalization

noreply@blogger.com (LA Attorneys) — Thu, 29 Oct 2009 01:33:00 +0000

Labor advocates are pushing for a local ordinance that will make wage-theft a criminal charge.

In most states and cities, penalties for wage-theft are usually given through civil unpaid wage claim procedures.

If the bill passes into law, Los Angeles will join the handful of cities that criminally prosecutes employers who do not follow wage laws for misdemeanor charges.

City councilman Richard Alarcon plans to introduce a motion that would direct the city attorney’s office to write an ordinance that would criminalize wage non-payment.

Alarcon said that he was alarmed by a recent study that a lot of workers from New York Chicago and Los Angeles do not receive minimum wage or overtime pay.

The study showed that 26% are paid below the minimum wage and 76% are not paid the correct overtime rate.

The numbers are taken from the answers of 4,300 respondents

Alarcon said that if criminal penalties are what is needed then there is no reason not to try that.

Most workers would agree, given the high number of cases of unpaid minimum wages and overtime.
It would seem that civil penalties do not discourage the practice and are still rampant to this day.

Hopefully, the ordinance will give the law more teeth and significantly reduce the number of wage theft.

However, there is some opposition to the law, especially from the business community.

The president of the Los Angeles Chamber of Commerce said that there are still a lot of unanswered questions about the law. He questions what would be the trigger for an arrest and if it would cause additional backlogs in the courts.

Their concern is understandable, as they would like to protect their interests as well.

As the ordinance want to protect employees from unscrupulous employers, the employers in turn want to be assured that they will not be receiving unscrupulous claims as well.

It is a two-way street and the law should also consider the rights of the employer, or it may discourage companies from creating jobs for fear of being sued in the future.

Hopefully both sides can reach an understanding that would benefit each side.

Pilot Claims Heated Discussion Caused them to Overshoot Airport

noreply@blogger.com (LA Attorneys) — Tue, 27 Oct 2009 06:47:00 +0000

The Federal Aviation Administration (FAA) is investigating why Northwest flight 188 overshot the Minneapolis airport by 150 miles without radio contact before it turned around.

According to the National Transportation Board (NTSB), the jet carried 144 passengers and 5 crews.

None was injured because of the incident.

According to NTSB reports, the jet, an Airbus A320, lost radio contact at about 7:00 pm CDT while flying from San Diego to Minneapolis.

The jet flew over the airport before 8:00 pm and reestablished communication at 8:14 pm. They’ve overshot the airport by that time.

According to the FAA, the crew claimed that they became distracted over a heated discussion over airline policy and lost track of where they were.

However, the NTSB is also looking at other possible factors that may have caused the incident.

One of those is fatigue.

Authorities are looking into the possibility that the crew may have fallen asleep during the flight.

They will be examining the cockpit voice recorder and will be interviewing the pilots.

The two pilots have been suspended from flying while the airline performs its own investigation.

It does not sound too serious, but signs that pilots fall asleep at a crucial time while operating a giant vehicle 30,000 feet in the air with 144 passengers can be pretty disturbing.

Air traffic is very different from road traffic as it needs constant coordination with ground control.

When ground control cannot establish communication with a plane they may assume that there is trouble.

And now the pilots claim that they overshot the airport because they were in a heated discussion.

That must have been a pretty interesting discussion.

It is difficult to understand how a discussion over airline policy could prevent the pilots from establishing radio contact for more than an hour when both Denver and Minneapolis controllers are trying to communicate with them the entire time.

Hopefully the suspicion that they were asleep is not true.

Driver fatigue can cause major damages in a truck collision; it will be catastrophic in a plane accident.

Baby Food Recalled; Botulism Cases Feared

noreply@blogger.com (LA Attorneys) — Thu, 22 Oct 2009 06:56:00 +0000

Plum Organics of California have recently announced their food recalls on some of their baby foods in portable pouch as they suspect of botulism contamination in their products.

Botulism is an illness caused by toxins which is normally found in a person’s digestive tract. It usually results to facial paralysis that may spread to the limbs. The illness is life threatening and so those who ingested the product must immediately have themselves checked for toxins.

The company’s action team announced that the recalls on all 4.22-ounce pouches with the expiry date of May 21 2010 were because the product did not meet the FDA standards regarding the acidity level.

There were no reported incidents of botulism yet but the company urged the public not to feed their babies with these products as they present serious health risks.

In cases of product recalls, the public must be aware so as not to use products which present threat to one’s safety.

For victims of these defective products, they are urged to contact personal injury lawyers who will efficiently handle their claims and make sure that compensatory damages will be paid.

Triathlon Athlete Killed by Speeding, DUI Driver

noreply@blogger.com (LA Attorneys) — Wed, 21 Oct 2009 06:17:00 +0000

Brook Boynton from San Clemente died after his Nissan SUV was rear-ended, spun out of control, and rolled over near Laguna Canyon Road.

Boynton was a Chemical Engineer and a regular contestant in Ironman competitions. He was 52-year-old when his life was taken away, a promising life wasted away because of the negligence of a motorist who was intoxicated while driving.

Reports indicate that 37-year-old Richard Ernest Caselli was going more than 100 kph when the accident happened. He was arrested and booked on charges of gross vehicular manslaughter while intoxicated.

Caselli is likely to compensate for the wrongful death of Boynton and pay his family compensatory damages for the damages and grief he caused them.

Damages and Disturbances Caused by Big Rig Accidents

noreply@blogger.com (LA Attorneys) — Tue, 20 Oct 2009 04:27:00 +0000

Accidents involving big rigs often cause disastrous results due to the vehicle’s weight and size. Even people who were not directly involved in the accident were affected due to the road blockade.

Two big rig accidents that happened recently blocked San Diego County’s freeway lanes.

One incident happened along south state Route 15. A big rig reportedly jackknifed said authorities. Two lanes were blocked when a 40-foot container box fell off the vehicle.

The other incident happened along north Interstate 15. A big rig and seven other vehicles were involved in a collision. According to witnesses, a woman’s vehicle ended up in the highway’s center divider. They said the woman was unconscious.

Although it appears that no one was severely hurt in the two incidents, the vehicles involved may have been damaged or destroyed. In addition, these incidents greatly affected other road users through the inconvenience created by clogged traffic.

Domestic Workers Are Entitled To Minimum Wage

noreply@blogger.com (LA Attorneys) — Sat, 17 Oct 2009 06:31:00 +0000

In California, most employees are entitled by law to receive the minimum wage of $8 per hour. The only exceptions to the minimum wage law are:

Outside salespersons

The parent, spouse, or child of the employer

Apprentices regularly indentured under the State Division of Apprenticeship Standards

Learners

Employees who are mentally or physically disabled, or both

Nonprofit organizations such as sheltered workshops or rehabilitation facilities that employ disabled workers

However, even with the minimum wage law, there are still employees, like Vilma Serralta, a live-in housekeeper, who are deprived of their due salary.

Serralta, a naturalized citizen from El Salvador, recently settled her lawsuit for an undisclosed amount against her employer of four years after she was paid $1,000 to $1,300 a month despite working 14 hours a day. She cleaned their six-bathroom home, prepared their food and took care of the couple’s 3-year old daughter.

All employers in California are required to pay the minimum wage unless their employees fall among the above-mentioned exceptions.

The payment of the minimum wage is part of an employee’s rights and it cannot even be waived by any agreement, even collective bargaining agreements.

Employees, no matter how menial the tasks they perform may be, if they are covered by the minimum wage law, are entitled to receive their due wages. They can file a wage claim against their employer with the Division of Labor Standards Enforcement (the Labor Commissioner's Office). They may also file a lawsuit in court against the employer to recover the lost wages.

[Blog Action Day] Is It the End of Toyota Prius’s Reign in the Hybrid Market?

noreply@blogger.com (LA Attorneys) — Thu, 15 Oct 2009 23:32:00 +0000

With the growing popularity of energy-efficient and environment-friendly vehicles, many car manufacturers today are tapping this lucrative market of green cars or hybrid cars.

Toyota, one of the world’s biggest car manufacturers, has been successful in the hybrid car industry. According to reports, the company’s Prius is the best-selling car in Japan over the past several months.

In the US and in some parts of Europe, Prius is also the top choice of consumers, especially those who are worried about the high prices of gas.

However, the success of Toyota’s energy-efficient car is embroiled in a controversy.

In 2005, a federal court ordered the car manufacturer to pay Paice, a Florida-based company, with $4.8 million damages for violating the latter’s technology.
The infringed technology involves an engine that transfers force to the electric motor and internal combustion system.

In April, Paice won again in a civil lawsuit against Toyota and was awarded with royalties for all the sales of Prius manufactured from 2004 to 2009, RX 400h, and Highlander hybrids.

Meanwhile, Paice officials claim that Toyota is continuously infringing their patented technology which is still used in Prius 2010, RX450h SUV, and Lexus HS250.

The US International Trade Commission will conduct a hearing between two companies to determine if Toyota has committed another infringement.

If Toyota losses in this new case, it may face court injunction that will prevent it from selling its hybrid cars—bad news for consumers who are looking for affordable environment-friendly vehicles.

Ford Recalls Fire Causing Vehicles

noreply@blogger.com (LA Attorneys) — Thu, 15 Oct 2009 07:18:00 +0000

Recall is one way for car manufacturers to minimize damage due to manufacturing defect. A recall or withdrawal of product is triggered by complaints from customers, retailers, health officials or authorities.

If the object of recall is a vehicle, the recall process is usually brought about by complaints from the buyers. Usually, the car manufacturer itself will initiate the recall.

In case of Ford, it recalled a total of 14.3 million vehicles after adding 4.5 million recalled vehicles in its list. The recall was due to the defective cruise-control switch that could cause a fire. To date, the recall included 1.1 million Ford Windstar minivans and 3.4 million other Ford vehicles.

Wes Sherwood, spokesperson for Ford, said that they have already identified a small risk of fire even if the ignition was not turned on. He added that although the vehicle was okay to operate, it should be parked away from a building to prevent further damage in case of fire.

As part of the recall process, customers who own vehicles subject of the recall would be receiving letters from Ford showing instructions for replacement. In the meantime, owners are instructed to go to the nearest dealership for a free repair.

Ford recall was triggered by numerous complaints from its customers. Customers were advised to communicate with their dealers if the recall pertained to their car. But for those owners who had been injured by the car’s defect, a product liability lawyer may be consulted for any personal injuries or property damages that the customer may have incurred.

Car Hits Student near School Grounds

noreply@blogger.com (LA Attorneys) — Wed, 14 Oct 2009 07:27:00 +0000

Vehicles approaching school areas should slow down to avoid hitting the students and other pedestrians. On the other hand, students are also required to walk along a safe, designated areas such as crosswalks or pedestrian lanes, away from moving vehicles.

Police arrived at the scene of the accident where a 12-year old student was allegedly struck by a vehicle Toyota Corolla. The accident happened at 1500 W. Ball Road while the students were arriving at Ball Junior High School.

Initial reports showed that the girl sustained moderate trauma. Anaheim Fire paramedics treated her and she was then brought to a hospital.

It is the responsibility of both students and drivers to be careful. Vehicle accidents may happen if both drivers and students are negligent with their actions.

Elderly Woman Dies in a Hit-and-Run Accident

noreply@blogger.com (LA Attorneys) — Fri, 09 Oct 2009 04:42:00 +0000

One of the primary responsibilities of drivers is to drive cautiously. If they accidentally hit someone, especially if this person was fatally wounded, they should stop their vehicle and call for medical help.

However, many drivers seem to forget or ignore this obligation. In fact, another hit-and-run accident that happened recently ended the life of an 84-year-old woman.

The driver of the white Chevrolet Silverado pickup that struck the woman is being searched by the police.

The elderly woman was out walking her dog along a suburb of Montebello in Los Angeles when the accident happened.

According to Police Lt. Brian Bart, the woman was announced dead at the accident scene. The truck’s driver did not stop after the accident.

The pickup’s chrome front bumper was obviously damaged due to the incident and was last spotted dragging along the street.

Responsible driving is the main solution to hit-and-run and all other kinds of road accidents. In the occurrence of an accident, drivers should not turn their back on the person who was hurt because it will only worsen their offense.

Hit and Run Accident Caused by Drunk Driving

noreply@blogger.com (LA Attorneys) — Sat, 03 Oct 2009 00:01:00 +0000

Traffic law prohibits drivers to drive under the influence of alcohol. When drivers are drunk, they are more likely to be involved or cause an accident because they are momentarily impaired by the substance.

When an accident does happen and someone was injured, the proper thing that should be done is to stop the vehicle, report the accident to the police, and follow all legal procedures.

This did not happen in the case of a man who was struck by a passing vehicle while he was working on his car.

Francisco Guzman, 25, from Merced, was just standing by the left front fender of his car along 200 block of East 11th Street when a vehicle traveling eastbound sideswiped his car, said Merced police.

He was brought to an area hospital in Modesto for treatment, said police.

The 29-year-old driver who hit Guzman was arrested by police on suspicion of DUI, driving without a license, and hit-and-run.

Drunk driving is a negligent action that can be easily avoided by drivers but many choose not to do so. They do not realize that what they are doing is putting other road users at risk of being injured.

Imposing stricter rules and serious punishments by the state against DUI and hit-and-run accidents can be a way of reminding drivers their responsibilities while on the roads.

The Role of Private Enterprise in the Economy

noreply@blogger.com (LA Attorneys) — Wed, 30 Sep 2009 06:34:00 +0000

At this time, many employers are hesitant about hiring new employees to work for them. In fact, some of them have even downsized or done mass layoffs to save on expenses.

But according to the latest Employment Cost Trends from the U.S. Bureau of Labor Statistics, businesses especially small ones should start hiring people to bolster the economy. But just the same, employers just do not reach into their pockets to pay for the salaries of the new employees.

The average cost per worker in government on an hourly basis is $39.66 while $29.31 in civilian industries. The base wage is $26.01 for the former while $20.42 for the latter.

However, these figures did not include the potential cost of universal health insurance that the US Congress is presently debating on. Otherwise, the above amounts could have been different.

State and local government not only pay higher hourly wages but they also pay a bigger slice on paid leave, retirement and health insurance. While most government payment go to defined benefit plans, private businesses have shifted from defined benefit to defined contribution retirement plans to save money.

In short, since civilian industries have lower expenses on wages and benefits, they should start hiring new employees to lessen the impact of the global financial crisis.

For employers who wish to hire more employees, employment lawyers must be consulted to know the effects of hiring. Business attorneys may also be consulted to know the impact of hiring more employees to their business.

The Water Highway

noreply@blogger.com (LA Attorneys) — Thu, 24 Sep 2009 06:09:00 +0000

Unlike cars, boats are considered as recreational vehicles and it’s sometimes difficult to imagine that anything can go wrong in a fun cruise or in a leisurely outing. But boating accidents can happen just as easily (although not quite as often) as car accidents.

A young man was seriously injured when his father’s powerboat crashed against the boat he was driving on Mission Bay. According to officials, the pair was racing when the father lost control of his 25-foot power boat and crashed into his son's 18-foot boat and trapped him.

The son’s boat went out of control and crashed onto Ski Beach. Rescuers pulled the son from the wreckage who was alone in the boat, he was bleeding and unconscious.

The San Diego police harbor unit is investigating the crash as the basic speed law on Mission Bay requires boaters to slow down within 100 feet of another vessel.

Being out in the open water may seem like the perfect place to speed and pull off cool moves and races but in reality, it is not safe.

In 2008 alone, the United States Coast Guard counted 4789 accidents that involved 709 deaths, 3331 injuries and approximately $54 million dollars of damage to property.

While alcohol is the leading contributing factor to boating accidents, the careless/reckless operation of a boat and excessive speeding are also a leading cause for boat crashes.

Yes, the settings may be different but the circumstances for the occurrence of an accident on the road and on water can be very similar. Boats should be operated just as responsibly and safely as driving a car in a highway.

In fact, just as car drivers are required to observe California’s Basic Speed Law, there are posted signs on all of California’s waters that provide the area’s speed limits.

In all cases however, the speed limit is 5 mph anytime the vessel is within 100 ft of a bather or within 200 feet of a bathing beach, swimming float, diving platform or life line, passenger landing being used, or landing where boats are tied up.

It’s too easy to justify speeding and racing while on water, after all, there are no pedestrians, no cars, and no motorcycles. But boating can still be dangerous especially if the driver is behaving in a reckless and careless manner, if not for the hapless swimmers, but for the boaters themselves. The open sea or bay may not be a regular street but it is a highway for other water vessels and people.

911 call before officer’s fiery accident released

noreply@blogger.com (LA Attorneys) — Mon, 14 Sep 2009 07:19:00 +0000

Remember the fiery crash that claimed the lives of four people including a California Highway Patrol officer?

The CHP released the harrowing 911 call made by Chris Lastrella, one of the passengers and brother-in-law of CHP officer Mark Saylor. Lastrella made the call immediately before the crash.

The call begun by Lastrella’s telling the dispatcher that they were in a Lexus and the direction they were heading. When the dispatcher asked if they could turn off the car, Lastrella failed to answer and screaming voices ended the call.
The crash killed Lastrella, CHP officer Saylor, his wife Cleofe and daughter Mahala.

Initially, the investigators indicated that the accelerator may have been entrapped by the rubber floor mat. If not properly installed, the mats could slip and entrap the gas pedal causing sudden acceleration.

Vice president of Bob Baker Lexus El Cajon Dave Ezratty refused to give any comment pending investigation of the accident.

The Nation Highway Safety Transportation Administration spokesman Ray Tyson said that the investigators were looking for other safety defect that may have caused the fatal crash.

The promising lives of the deceased were abruptly ended due to their untimely death.

If after thorough investigation, the cause of the crash could be pointed to a mechanical defect then the manufacturer and/or the loaner may be held liable. The deceased’s loved ones can employ the services of a wrongful death lawyer to seek justice and recover compensation.

DUI Arrests on Labor Day Weekend

noreply@blogger.com (LA Attorneys) — Thu, 10 Sep 2009 05:13:00 +0000

Holidays mean fun. However, people tend to be too engrossed with having fun that they forget some of their responsibilities. They become oblivious to the fact that it is not safe to drive while intoxicated.

During the Labor Day holiday weekend, the California Highway Patrol launched a DUI arrest throughout the country and cracked down on unsafe driving practices by holding checkpoints and increasing police visibility.

Their efforts yielded 35 arrests for drunk driving in Dana Point and Mission Viejo while10 arrests were made in Newport Beach.

In Orange County, 73 people were arrested for drunk driving. This figure was higher compared to 67 last year.

Statewide, 10 deaths were reported on highways. This is lower compared to 23 fatalities last year.

This only showed that with the increase patrol and sobriety checkpoints drunk drivers could be pinned down easily.

A victim of drunk driving can file a personal injury claim against the driver. With the help of a car accident lawyer, the case can successfully be decided in his favor.

Cash for Clunkers Program: An Aftermath

noreply@blogger.com (LA Attorneys) — Sat, 29 Aug 2009 04:56:00 +0000

The auto industry is one of the industries that has been hardly hit by the economic downfall. Some auto companies had closed down or undergone mass lay off just to avoid further losses.

To help revive the car industry, the government implemented a program called Cash for Clunkers.

Cash for Clunkers is a program whereby people are encouraged to buy new and more energy efficient cars in lieu of the incentives, rebates and other benefits given to them. This is done to boost car sales which would eventually help the automotive industry.

In Washington, the program generated about 700,000 new car sales giving the U.S. auto industry the needed push. The government collected a data stating that dealers submitted 690,114 sales totaling to $2.88 billion.

Others say, however, that the growth in sales may be short-lived. Some predicted that consumers may be regretting their clunkers purchases, especially since many buyers traded in paid-off vehicles in return for new cars financed through loans.

In a survey conducted by an automotive research firm CNW Research, out of 1000 Cash for Clunkers participants, 17 percent had doubts about their vehicle purchase after taking on monthly car payments of $275 to $350 per month.

On the other hand, the Obama Administration believed that the program was a major success by providing needed stimulus to the auto industry thus helping the economy.

Transportation Secretary Ray LaHood said that due to the program manufacturing plants have added shifts and recalled workers. In fact, Moribund showrooms were brought back to life. Moreover, consumers did not only contribute to the economy but to the environment as well by buying fuel-efficient cars.

Cash for Clunkers has its advantages and disadvantages. As to what effects are predominant could be discovered in time. As for now, one thing is clear. The auto industry is slowly recuperating.

If you have questions about the program and how it is going to affect your monetary status, engage the services of a business attorney who can enlighten you of the risks involved.

Man convicted for Hit and Run

noreply@blogger.com (LA Attorneys) — Mon, 17 Aug 2009 20:36:00 +0000

A simple traffic infraction of beating a red light could cause devastating outcome. While, beating a red light coupled with fleeing from the scene of the accident is a perfect concoction for a huge legal consequences ahead.

Initially, hit and run accidents may give the fleeing driver a temporary freedom and a certain degree of satisfaction that he was able to evade the authorities. But the act of fleeing will only contribute to the gravity of the previous infraction.

Consequently, stiffer penalty such as imprisonment or fine or both would be imposed upon the driver.

In Santa Ana, Kenny Minh Phan of Fountain Valley was convicted of felony hit-and-run causing injury and misdemeanor vehicular manslaughter for leaving the scene of the accident.

The conviction was due to an accident Phan was involved in last January 25, 2008 where his car collided with another vehicle after he ran a red light. The occupant in the other vehicle, Richard Lauvao, was killed instantaneously.

Phan, who was arrested two months after the incident, would be sentenced on September 12, 2009 where a penalty of 13 years imprisonment could be imposed upon him.

Deputy District Attorney Jess Rodriguez said that the impact of the accident was so severe that Lauvao was nearly decapitated in half by his seat belt. He also added that Phan “made a conscious, reckless decision to run the red light”.

Just like what Lauvao’s loved ones did, the victim’s loved ones can file a personal injury case against the negligent driver. A hit and run attorney could help them pursue said case.

Board Fines Industrial Company for Contamination

noreply@blogger.com (LA Attorneys) — Fri, 14 Aug 2009 15:57:00 +0000

While making profits is their main goal, companies, as members of the community, are responsible in observing and respecting the laws of man and of the nature as well.

When an industrial company Ametek Inc. contaminated the groundwater plume in El Cajon, the San Diego Regional Water Quality Control Board imposed a fine of $600,000. The board threatened to double the penalty should Ametek Inc. failed to act upon board’s demands.

The board revealed that Ametek Inc. was responsible for the trichloroethene and other toxins leak at their former plant on Greenfield Drive. It further revealed that it already pushed for mapping and treatment of the chemicals for 20 years but had been delayed due to legal issues, bureaucracy and efforts of Ametek Inc. to comply without penalties.

While the board did not cite any direct health concerns with the plume, a human exposure to it may result to dizziness, organ damage and even death.

The board expected that in few months Ametek Inc. would be able to finish mapping the underground waste flow and propose a remedy. In the end, the company must meet soil and groundwater cleanup levels set by the water board or else the board will impose a stiffer penalty.

With various environmental threats and contaminants, all must exert effort to contribute in making the earth a habitable planet for the coming generations.

In pursuit of this, legal means may be resorted to compel stubborn companies to follow the rules through the help of expert and experienced personal injury lawyers knowledgeable on the matter.

Swing Set Recalled for Lack of Assembly Instructions

noreply@blogger.com (LA Attorneys) — Tue, 04 Aug 2009 04:51:00 +0000

A product must not come out in public unless it has been tested as safe to use. Tests for safety should be made especially if it is intended for children.

Moreover, whenever a defect has been found to exist in certain products, the same should be recalled immediately. Recall should be made without waiting for any report of injury.

Recently, U.S. Consumer Product Safety Commission recalled 1,950 Little Tikes Clubhouse Swing Set because it did not include assembly directions for its seat harness.

Consumers were ordered to stop using the recalled swing sets until they have obtained and read the assembly instructions for its harness by accessing the manufacturer’s website.

In this case, the product was not really defective. The defect, if there was, lies on the non-inclusion of its assembly instructions in the set. Recalling the swing set might be a harsh consequence but the product was complicated to begin with that instruction on how to set up must be at hand during the assembly process.

It is a good thing no children were reportedly injured. However, should someone appear to have been injured, a product liability case may be filed against the swing manufacturer. A damage suit may be pursued through the assistance of a personal injury attorney.

When Water Disaster Strikes

noreply@blogger.com (LA Attorneys) — Wed, 29 Jul 2009 15:36:00 +0000

High waves and strong water currents entice surfers to strut their surfing skills. But these conditions could be extremely dangerous that surfers suffer from injuries or even death.

In Newport Beach, a lifeless surfer was pulled out of the water by the Wedge lifeguards. The man was seen surfing near the Wedge when 20 feet high waves came upon him. Lifeguards pulled the man out of the water and into a boat and transported him back to the shore.

The man was brought to Hoag Memorial Hospital Presbyterian where he died.

Despite the incident, the Wedge was still open to those who want to swim and surf.

In San Clemente, however, officials closed its 1, 200-foot-long fishing pier. The closure was prompted by heavy surf knocking a wooden crossbeam into the ocean. Consequently, visitors could only pass a point about halfway between Fisherman's restaurant and Lifeguard Tower Zero.

With the sudden and varying water condition, the danger is greater and the risk is higher.

Although authorities patrol the area, lifeguards could practically do nothing when you are miles away from them and from the shore. By the time they get to you, it may be too late.

Safety should be a primary concern. However, if your accident was caused by the negligent act of another, you may sue for damages by hiring a personal injury lawyer.

Motorcycle Deaths on the Rise in California

noreply@blogger.com (LA Attorneys) — Tue, 21 Jul 2009 23:54:00 +0000

There’s good news and bad news.

The good news is, traffic fatalities in California decreased by 14 percent, it even fell down up to 16 percent in Orange County.

The bad news is, motorcycle deaths rose sharply across the Golden State and in OC, motorcycle fatalities jumped as high as 44 percent.

Nationally, motorcyclist deaths have more than doubled since 1997, reaching a record of 12 percent for all motor vehicle crash deaths in 2007.

Christopher J. Murphy, the director of California’s Office of Traffic Safety (OTS) couldn’t have said it better. "Motorcycle safety is a rapidly emerging concern" he said in a written statement.

Due to the economy and the fact that motorcycles are the most affordable form of motorized transport, it has gained in popularity among Americans. There are over four million motorcycles registered in the United States.

Motorcycles, especially these days have excessive performance capabilities such as rapid acceleration and high top speeds. This makes bikes much harder to control and authorities also say that it’s even more fatal since a lot of bikers don’t have the proper training.

The spokesman for OTS, Chris Cochran said that one-third of the motorcyclists involved in crashes statewide don't have the required Department of Motor Vehicles endorsement on their licenses.

According to the National Highway Traffic Safety Administration, over one-fourth of motorcycle riders (26%) involved in fatal crashes in 2007 were driving the vehicles with invalid licenses at the time of the collision.

The figures are a cause for alarm and the OTS is now encouraging motorcyclists to get trained through the California Motorcyclist Safety Program. Those who finish the training would not need to take the DMV skills test in order to qualify for the DMV motorcycle endorsement.

Also, according to the NHTSA Traffic Safety Facts of 2007, helmets are the single most effective tool in decreasing motorcycle fatalities. It estimated that helmets saved the lives of 1,784 motorcyclists in 2007. If all motorcyclists had worn helmets, an additional 800 lives could have been saved.