Archive for July, 2009

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What to Do if Injured in a Car Accident

Thursday, July 16th, 2009

A young girl was severely injured when her bicycle was struck by an out-of-state motorist. In a recent story printed by the Contra Costa Times, California Highway Patrol responding to an injury accident near Magalia found a six-year-old girl with head injuries and a broken leg. Apparently, the girl lost control of her bicycle on a steep hill and veered into the path of an oncoming vehicle.

While no one expects a young child to know what to do in case of an injury car accident, all responsible motorists should have at least a basic understanding of what to do if they or another party are injured in an accident.

Call emergency personnel immediately if you are suffering any of the following symptoms:

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What to Do After a Car Accident

Tuesday, July 14th, 2009

The Press-Telegram of Long Beach reports that police are searching for the driver of a PT Cruiser who struck and injured a motorcyclist on the Century Freeway near Downey. Hit and run incidents such as this one illustrate what not to do in the event of a car accident. However, here are several things you should do if you have a car accident.

  • Stop if you have had an accident. California law carries stiff penalties for drivers who strike another’s property or person and drive away. These penalties can be levied against you, even if the accident is not your fault.
  • Check for damages. Take note of any injuries to yourself or damage to your vehicle. If you have a camera phone take a few pictures of the damages. IMPORTANT: If a car accident causes injury or death, you must notify the police.
  • Exchange insurance information with the other driver. If your vehicle struck another person’s property, then you must leave a note with your name, address and a brief explanation of the accident.
  • Draw a simple illustration of the accident scene. Carefully note the position of cars, pedestrians, trees, utility poles, traffic control signals and street signs.
  • Accept no fault and accuse no one. Emotions are often high after a car accident, and making accusations can add unnecessary tension to an already stressful environment.
  • Report the accident to the local police or to the California Highway Patrol. Also, report the accident to your insurance company as soon as possible.

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Riverside County Motorcycle Accident Claims Wildomar Woman’s Life

Thursday, July 9th, 2009

MyDesert.com reports that a Wildomar woman has been killed in a Riverside County motorcycle accident. The accident occurred on Route 74 in Hemet when an SUV collided with a motorcycle driven by Diana Vandenberg of Wildomar. According to early police reports, Vandenberg was thrown from the motorcycle by the impact.

The motorcyclist was taken to Riverside County Regional Medical Center where she died several hours after the crash.

This accident highlights one of the tragic realities of riding a motorcycle on California’s highways-a motorcyclist is at greater risk of an accident on the roadways even if he or she does everything right. Other motorists often fail to notice motorcycles and turn in front of the smaller vehicles, fail to yield and otherwise trap the motorcyclist in dangerous situations.

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Insurers and Businesses Brace for Swine Flu Related Claims

Tuesday, July 7th, 2009

The swine flu is slowly spreading across America, and insurers and businesses are getting ready for the possibility of swine flu related premises liability lawsuits. According to a news release from Mondaq.com, some businesses may be more exposed to premises liability lawsuits in the event of swine flu than others.

Hospitality businesses-such as restaurants and hotels-may face lawsuits from customers and employees who become sick from swine flu after visiting an establishment. Certain businesses may also expose customers and employees to swine flu by the nature of their services, such as delivery services.  Of particular concern for businesses is the potential for one case to act as a gateway for several claims of exposure to the illness.

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VIOXX® Class Action Suits Suffer Setback in California Courts

Thursday, July 2nd, 2009

In a statement released on Pharmaceutical Online, Los Angeles Superior Court Judge Victoria Chaney struck down a request to certify a class of consumers and insurers seeking reimbursement from drug manufacturer Merck over costs of VIOXX®. The ruling dashes the hopes of plaintiffs and insurance companies who sought the ability to conduct class-action suits seeking compensation for the pain medication’s tendency to increase the risk of heart attacks or strokes among long-term, high-dosage users.

At the heart of the ruling is the concept of legal and factual similarity between the claims. According to Judge Chaney, not enough similarity exists among the members of the class. Her ruling states that each plaintiff would need to show damages and other facts in the case on an individual basis. As a result, treating the plaintiffs as a class would offer limited benefits in reducing the time and cost of litigation, and the emphasis of a class-action case would focus on the differences between plaintiffs rather than on the similarities.

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