Auto Recalls Pt1 - Overview

Happy New Year! We at the GoLaw Legal Network and our friends at GoPersonalInjury.com have made a resolution to share more Auto Safety Tips and Best Practices with our “digital friends” like you through our Online Social Networks.  Thanks to Dennise Burbank at Farmers Insurance near Marysville, California for emailing us at GoLaw.com this important article about Auto Safety Recalls.

What to Expect When an Automaker Finds Defects

Buying a new car doesn't guarantee the vehicle will be without problems. Manufacturers issue recalls when an automotive defect is found that could pose a danger to drivers or passengers. In fact, 2014 was a record-breaking year for car recalls in the U.S., with more than 60 million vehicles affected by approximately 700 announcements.

The Recall Process
Any number of problems can incite a recall -- from malfunctioning accelerators to defective steering parts and everything in between.

Once issues are discovered, automakers are legally required to send recall letters to the registered owner of each vehicle detailing what's wrong, the risks posed, and where the vehicle can be serviced. The notice will also include a list of potential warning signs to help determine if a vehicle requires immediate attention.

When the problem is less serious, the automaker sends a service bulletin to dealers, notifying them of the concern and outlining how to resolve it. Often referred to as "secret warranties," these announcements usually go unpublicized since the issues don't pose a threat to safety.

A manufacturer who issues a recall notice to drivers or a service bulletin to dealers accepts the financial liability for the recall-related repairs as long as a designated dealership or repair site services the vehicle.

How to Stay Aware of Recalls
Before buying a car manufactured in the last 10 years, check for recalls online. Search the recall database maintained by the National Highway Traffic Safety Administration (NHTSA) to determine if recalls have been issued or if a particular vehicle has missed necessary recall-related repairs. 

If you think your vehicle has a safety defect, report it to the NHTSA so potential safety hazards can be investigated and addressed. If the NHTSA receives enough complaints on a specific make and model, the government agency will launch an investigation.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

TBI: Traumatic Brain Injuries

Happy November from your friends at the GoLaw Legal Network.  We are Thankful for our Health & Safety, and for the chance to have you as a “digital friend” on our social networks.  Thanks to GoPersonalInjury.com for sending us this month’s Safety Blog on TBI: Traumatic Brain Injury. 

TBI: Traumatic Brain Injury

Many people are not aware that a motor vehicle collision can be a violent injury causing event, inflicting intense “G Forces” on the bodies of the occupants. These G-Forces, an effect of the acceleration of gravity at the earth’s surface, can in some cases cause TBI: traumatic brain injury. 

WHAT IS A TBI?

According to BrainLine.org and BrainInjury101.org, A Traumatic Brain Injury (TBI) can be defined as a blow or jolt to the head, or a penetrating head injury, that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI, and the severity of such an injury may range from ‘mild’ (a brief change in mental status or consciousness) to ‘severe’ (an extended period of unconsciousness or amnesia) after the injury. A TBI can result in short or long-term problems with independent function.

TBI FACTS:

• A Traumatic Brain Injury (TBI) occurs approximately every 15 seconds. 
• Nearly five million Americans currently suffer some form of TBI disability.
• Of the 1.7 million who sustain a TBI in the U.S. each year: 

• 52,000 die
• 275,000 are hospitalized
• 1.365 million are treated and released from an emergency department
• In the United States, TBI is a leading cause of death for people under the age of 45. 
• The Human Brain is perhaps the most complex object on earth, yet is soft and vulnerable with the consistency of a firm pudding. 
• The leading causes of TBI are Motor Vehicle Accidents, Falls, and Sports Injuries. 

TBI EFFECTS:

Physical symptoms of brain injury include:

• headaches
• difficulty coordinating balance
• blurred vision in one or both eyes
• milder vision problems
• seizures
• changes in sensory perception
• trouble speaking and swallowing
• changes in sleep patterns
• lack of bowel and bladder control
• changes in sexual function
• motor impairment (trouble moving body normally)

Functional/Emotional Changes:

• personality changes
• difficulty forming sentences or choosing vocabulary
• confusion
• trouble communicating
• difficulty with reason, focus and logic
• memory impairments
• depression
• poor concentration
• mood swings
• limited attention span
• disorientation
• difficulty remembering conversations/forgetfulness
• acting inappropriately

To adapt to these changes, it will help you and your loved one if you develop coping skills and find and use supportive resources.

GoLaw.com associated attorneys have many years experience in getting valuable settlements and awards for persons injured in many different types of injury causing events and accidents including bike accidents, car collisions, motorcycle wrecks, big rig truck crashes, and train collisions. 

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

NY Artist Attacked By Dogs

Dog and Animal Attacks have the ability to cause serious life threatening injuries. At GoLaw.com we have been helping people like you recover for medical bills, wage loss, plastic surgery and pain & suffering in Northern California since 1980. Thanks to GoPersonalInjury.com for finding this weekend’s safety article by CNN and the NY Daily News who reported the story of a New York Man Attacked by Dogs.

New York woman arrested after pit bulls maul man

New York (CNN) 

A pair of pit bulls left Francesco Bove so badly mutilated that a priest read him his last rites outside a New York church. "I think I'm going to die," the bloodied 62-year-old artist told the priest, Bove's son recalled Saturday. "But the priest made him promise that he will fight until the end."

The gruesome attack Friday was captured on video from the window of a tenement in the Bronx. The pit bulls are seen clamping onto Bove's arms with their jaws, shaking their heads violently, dragging him several feet toward the curb.

Good Samaritans try to stop the assault -- swinging a chain at the animals, spraying them with water. They attempt to encircle Bove, but the dogs swerve around to continue the attack. Still, the people probably helped save Bove's life.

"I got to the hospital and he was in pieces," Bove's son, Anthony Bove, said, describing gaping holes in his arms, a severed ear and the other split in half, and lacerations all over his body.

The horror began when the dogs' owner, Cynthia Oliver, 55, exchanged words with the victim, said NYPD spokeswoman Detective Annette Markowski. Oliver was holding the pit bulls and dropped the leash, she said. The dogs attacked.

But Anthony Bove said his father told him there was no altercation, no words exchanged.

Francesco Bove was walking to Our Lady of Mount Carmel Church when one of the dogs pounced, followed by the other, according to the son.

"The dogs started biting," Anthony Bove said. "He's trying to push them away. They overpower him."

Oliver was taken to a hospital for a psychological evaluation before she was arrested on eight counts of assault and two counts of reckless endangerment, Markowski said. It's unclear whether she has an attorney.

In the video, another man steps in to help after Bove is knocked to the ground. The man uses his hands and legs, trying to keep the dogs at bay, but the animals find their way back to Bove.

The good Samaritan is knocked down. Screams are heard. "Let him go!" someone yells.

At least eight people on the street try to help as the pit pulls drag Bove away from the small crowd.

A woman can be heard off camera. It seems she is frantically calling 911. "These two dogs are outside attacking this man!"

One man is seen firing a stream of water at the dogs with a hose. Bove lies in a pool of blood.

"Hurry up, these dogs are attacking a man!" the woman yells off camera. "He's in the street bleeding!"

Man viciously attacked by pit bulls in Bronx; owner arrested (graphic images)

NY Daily News

KENNETH WILLIAMS/VIRALHOG | NY Daily News

Two pitbulls attack a man in the Bronx as a bystander tries to pull them off using their leashes.

Graphic cellphone video shows the dogs relentlessly lunging at Bove as he writhed on the ground in the middle of the street. Good Samaritan Emilio Ortiz, 46, tried to help, but the dogs kept at it and dragged Bove to the curb, their teeth clamped on his arms.

Police said Bove and the first man who jumped in to help -- an unidentified 46-year-old male -- were taken to St. Barnabas Hospital. The younger man, who suffered lacerations on his arms, was later released, according to Anthony Bove. Francesco Bove, an artist and restoration expert from Brooklyn, is in stable condition after undergoing surgery, according to his son. His severed ear was reconstructed. He will have another operation on Monday.

MICHAEL SCHWARTZ FOR NEW YORK DAILY NEWS

Bove has stayed positive and joked to his son that at least he hadn’t been attacked by a lion.

"My father joked, 'If those were two lions, I wouldn't have made it,'" Anthony Bove said. "He's a really tough guy."

The elder Bove suffered nerve damage in his hands and hasn't been able to move his fingers, according to the son.

"He's an artist and does high-end restoration," Anthony Bove said. "He's very passionate about his art. If he couldn't move his hands I don't know how he would take that psychologically."

The pit bulls are now in custody of animal control authorities, Markowski said.

That worries the Boves, who own a pit bull named Gina as well as five cats.

"My father feels terrible that the dogs are probably going to be put to sleep," Anthony Bove said.

"The pit bull is not an inherently evil dog. But ... these pit bulls might have been trained as guard or attack dogs. He remembers the dogs licking his blood off the ground. They wanted to finish the job. That's very disturbing to him." CNN quoted.

The NY Daily News added: The attack was apparently not the first by the dogs. A neighbor, Marguerite Gauthier, 55, said one of the dogs bit her on the leg early last year, requiring her to get a tetanus shot. “The dogs are vicious,” she said, adding, “"When I go out, I always look to make sure they’re not around."

Meanwhile, Bove underwent five hours of surgery Friday night and is expected to stay in the hospital at least a week to undergo another surgery to move a nerve from his leg into his arm, his son said.

Bove… even showed some compassion for Oliver, who has been arrested 37 times since 1987, mostly on drug offenses. “She was a petite, weak lady. (The dogs) were dragging her wherever they go and she couldn’t hold onto (the leash),” he said. The two pit bulls were taken to a city Animal Care and Control facility, and may have to be euthanized, officials said. They may have treated him like a chew toy, but Bove is worried about the fate of his attackers. “I’m so sorry that they’re going to put them down,” Bove said.

* Caution: Images May Be Disturbing *

ON MOBILE? WATCH THE VIDEO HERE.

WATCH THE SECOND VIDEO HERE.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

CHP Motorcycle Safety Video

#MotorcycleSafetyVideo: Listen to real-life stories of Motorcycle vs Car Accidents on California's Highway 99 and hear actual #CHP 911 Emergency Calls in “Motorcycle Safety - Thrill or Buzz Kill?” an Informational Video by the California Highway Patrol YouTube Channel.

“Motorcyclists need to be aware of the added danger they're in every day. 

This video will show you how to ride safer, and arrive alive.” -CHP

The California Highway Patrol promotes safe motorcycle riding. WARNING: The above video contains graphic views of the results of some motorcycle collisions. It's goal is to warn motorcyclists of the dangers that exist on the road every time you ride. If you're a motorcycle rider, you owe it to yourself to be careful.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Safe Motorcycle Riding Tips VIDEO

Watch this excellent Motorcycle Safety “Behind the Handlebars” Video by BlinkyCab on YouTube!

HOT TIPS FOR MOTORCYCLE RIDING SAFETY:

1.) DISTANCE

Always keep enough distance in front of your motorcycle and the vehicle in front of you.  It is also good to keep “Space Cushions” in the lanes to your left and right so as not to get boxed in by traffic.  Keep Safety Space around you and your bike at all times.

2.) LANE POSITION

Because a Motorcycle is smaller than a car, you have a choice of choosing between three (3) positions of your lane: left, center, and right.  Choose your safest lane position by paying close attention to traffic and your surrounding environment. Generally, It is best to avoid the center of the lane as it may be slick or slippery since that is where most vehicles leak fluids.

3.) BLIND SPOTS

Stay out of the Blind Spots of other drivers on the road.  Many vehicles have an area of the road that is difficult to see from the driver’s position.  These “Blind Spots” are usually about 45 degrees behind the driver’s left and right sides, and should be avoided by Motorcyclists.  Always make sure the other drivers on the road can see you!

4.) SHOULDER / MIRROR CHECK

Use the Shoulder and Mirror Check technique early and often to check your blind spots so that you can remain aware of vehicles driving close to you and your motorcycle. Make it a habit to check before changing lanes… EVERY TIME!

5.) SPEED

Every road has a speed limit.  Always obey the posted speed signs.  Drive Smart.  Drive Safe.  Arrive Alive!

6.) EXPECT THE UNEXPECTED

Don’t get comfortable with how other cars and trucks on the road might be driving.  Always Drive Defensively.  Protect yourself at all times by staying alert and safe!

7.) UNSAFE LOADS

Unsafe Loads: Be alert for pickup trucks and Big Rigs that may have loose loads and unsecured items. A ladder or a loose box could cause a very serious collision for a motorcycle or scooter.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Motorcyclist Drug Under A Truck And Survives

Thanks to http://GoMotorcycleCrash.com for a dramatic and heroic True Story of a group of Good Samaritans who helped rescue a Southern California Motorcyclist that was trapped under a moving Truck on the 1st day of this Motorcycle Safety Awareness Month.  As reported by #ABC7Eyewitness and CBS Los Angeles: a Motorcyclist was hit by a car while changing lanes on the eastbound 91 freeway, just west of the 71 in Corona, CA. Another driver, who thought he saw a bumper being drug beneath the vehicle, flagged down the truck driver so they could rescue the motorcyclist. Fortunately, the driver of the motorcycle received only minor injuries because he was wearing protective clothing and a quality helmet. 

A motorcyclist was rescued after being trapped under a pickup truck in Corona, CA, May 1, 2015. 

BYRON HOLEMAN/CBS LOS ANGELES

VIDEO: #DrugUnderATruck 

CBS Los Angeles tracked down the man who shot the video.

"I walk up to the guy, I put one knee down, I can see he's kind of groggy, everybody gets out, we're trying to figure out how to help him out, do we lift the car up, do we get jacks?" said Byron Holeman, one of many who came to aid the cyclist.

CBS VIDEO EMBED

According to witnesses and Corona Fire Department Spokesman John DeYoe, the motorcyclist was trapped and drug under the red Ford F-150 truck at freeway speeds. Another witness and rescuer included a local firefighter, Andrew Hubbard, who got a jack and was able to help lift the truck off him with the help of some Good Samaritans. Incredibly, the man was pulled free and hospitalized with only minor abrasions, DeYoe said.

Holeman said once paramedics were called, he started recording the rescue scene, which he then posted to Facebook. As of Memorial Day May 25th, the viral Facebook video had been viewed more than 7,226,000 times.

**Warning, the following video may be disturbing for some to watch.**

FACEBOOK VIDEO EMBED

So I'm commuting home today in the famous 91 freeway traffic. I see a pick up truck east bound just past Green River dragging what I thought might be a bumper. I take a closer look and realize it is a human body underneath the truck.  #Abc7eyewitness
Posted by Byron Holeman on Friday, May 1, 2015

Amazingly, the man escaped the ordeal in Riverside County with only minor injuries, largely thanks to his protective gear.

Screenshots from a video showing the rescue of a motorcyclist by a group of concerned citizens. Credit: Byron Holeman.

An ambulance arrived on the scene a short time later. The man, who was in full protective gear, suffered only minor injuries, but was taken to a local trauma center as a precaution. This story underscores the importance of staying alert while driving, and being extra careful to watch out for Motorcyclists. Thanks to the Good Samaritans and the Motorcyclist’s protective equipment for the positive conclusion to this serious event.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Sources: abc7, cbs los angeles, localnews7, facebook, patch, youtube

Related Tags: 91 Freway, Byron Holeman, Corona, Good Samaritans, Motorcycle, Rescue

MAY IS MOTORCYCLE SAFETY MONTH

As the weather is getting warmer, many people will be taking to the open road on their motorcycles.  Since the Month of May is Motorcycle Safety Awareness Month, your friends at http://GoLaw.com and MyMotorcycleCrash.com have put together a few Tips about how to stay safe out there on the road.

Whether you drive a Honda or a Harley, a street bike or a road bike (or a street legal dirt bike), it is always important to remain alert and drive defensively.  The Motorcycle Driving Safety page on the NHTSA website reminds motorists “to safely ‘share the road’ with motorcycles and to be extra alert to help keep motorcyclists safe. Motorcyclists are reminded to make themselves visible to other motorists… (and) to always ride smart and sober.”

Motorcycle Fatality Statistics

A June 2014 study on Motorcycle Traffic Safety by the National Highway Traffic Safety Administration found that:

• “In 2012, 4,957 motorcyclists were killed in motor vehicle traffic crashes—an increase of 7% from the 4,630 motorcyclists killed in 2011. There were 93,000 motorcyclists injured during 2012, a 15% increase from 81,000 in 2011.“
• “In 2012, motorcyclists accounted for 15% of all traffic fatalities, 18% of all occupant (driver and passenger) fatalities, and 4% of all occupants injured. Of the 4,957 motorcyclists killed in traffic crashes, 93% (4,625) were riders and 7% (332) were passengers.”
• “Motorcycles made up 3% of all registered vehicles in the United States in 2012 and accounted for only 0.7 percent of all vehicle miles traveled. Per vehicle mile traveled in 2012, motorcyclists were more than 26 times likely than passenger car occupants to die in motor vehicle traffic crashes and 5 times more likely to be injured.”
• “Per registered vehicle, the fatality rate for motorcyclists in 2012 was 6 times the fatality rate for passenger car occupants. The injury rate for motorcyclists was about the same as the injury rate for passenger car occupants.”

Helmet Use and Effectiveness 

NHTSA estimates that helmets saved the lives of 1,699 motorcyclists in 2012. If all motorcyclists had worn helmets, an additional 781 lives could have been saved.

According to a May 6, 2014 article by the LA TIMES, the NHTSA found: "There were 10 times as many unhelmeted motorcyclist fatalities in states without universal helmet laws, compared to states with universal helmet laws, in 2012."  Kendell Poole, GHSA chairman, added: “By far, helmets are the single most effective way to prevent serious injury and death in the event of a motorcycle crash.”

That’s good news since motorcycle deaths had been steadily rising for ten years between 1998-2008, according to a January 11, 2013 UT San Diego article. “California’s annual motorcycle death toll peaked at 560 in 2008”, perhaps because of the downturn in the economy, then began rising again in 2011.  “An official with the California Office of Traffic Safety reported that most fatal motorcycle accidents happen on the weekends when people often take to the open road for pleasure, rather than during weekday commutes.”

The Los Angeles Times article quotes “Dr. James Hedlund, a former National Highway Traffic Safety Administration official who authored the study: “More universal helmet laws, reduced alcohol impairment, better motorcycle rider training and licensing, and more driver awareness of motorcycles could all help to cut motorcycle rider deaths.”  According to Hedlund: “There is a mathematical correlation between helmet laws and rider deaths: ‘When helmet use goes down, rider fatalities go up,’ he said.”

“Driver education would also help”, Dr. James Hedlund said. “A high percentage of fatal motorcycle accidents occurred ‘when a car [driver], typically, doesn't see the motorcyclist and turns left in front of the motorcycle’.”

The California Highway Patrol “also strongly encourages all motorcycle riders to sign up for the California Motorcyclist Safety Program, which is administered by the CHP as California's official motorcycle safety and training program. The Program offers courses for new and experienced riders. Find out more about the California Motorcyclist Safety Program.”

California residents who find themselves injured in a motorcycle crash or who have lost a loved one in a motorcycle accident may wish to research their options for filing a personal injury or wrongful death lawsuit. A civil action may provide an accident victim the opportunity to pursue monetary damages in court that may help cover medical bills, lost income, funeral costs and other related expenses.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

CALIFORNIA WRONGFUL DEATH LAW

You may have heard the term “Wrongful Death”, but how much do you know about the State of California’s Laws regarding the negligent death of an Adult?  According to LegInfo.Ca.Gov, The Code of Civil Procedure Section 377.60 - 377.62 states that a Wrongful Death is defined as: “A cause of action for the death of a person caused by the wrongful act or neglect of another”.  Basically, “Wrongful Death” allows a deceased accident victim’s family to seek damages and compensation under California Law.

The AccidentDataCenter.com’s article What Every Family Needs To Know About A Wrongful Death Case states: ”When someone is killed because of the carelessness or misconduct of another person, the surviving members of the victim's family may bring a "wrongful death" lawsuit.  Wrongful death lawsuits can also be filed against Corporations and Governmental Agencies for their negligence… (and) may arise out of a number of situations, for example: Automobile Accident, Defective Product, or Medical Malpractice.”

WrongfulDeathCaseLaw.com’s Ultimate Guide Article asks: “COMPENSATION CANNOT BRING MY LOVED ONE BACK. WHY SHOULD I SEEK IT?”

While no amount of compensation can restore a lost life, and no award of damages can replace the love you received from a family member who died, Monetary Compensation — an award of money — is the method by which our civil justice system dispenses justice. If you are entitled to compensation, there are several reasons why you should seek it.

• Replacing Financial Support of the lost loved one
• Deterring future misconduct and negligent acts
• Promoting product safety
• Personal satisfaction / Closure

Compensation in a Wrongful Death Lawsuit may help to cure the Financial Loss of losing a loved one.  Medical and Funeral Expenses, Lost Prospect of Inheritance, and Loss of Support and Services are all weighed by the court to provide a “Fair and Just” compensation to the surviving family.  In some states, Punitive Damages may also be awarded in cases of serious or malicious wrongdoing to punish the defendant and deter others from repeating similar bad behavior.

The Statute of Limitations is the time limit for bringing a Wrongful Death Lawsuit and varies from state to state.  One state’s statute of limitations might only be one year, while another’s might be as long as three years, so it’s very important to Contact an Accident Injury Attorney in your state early to determine your legal rights.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

Merry Christmas and Happy New Year 2015

We wish you and your family a Happy Holidays and a Safe and Blessed 2015!  See you online next year at GoLaw.com and our Social Channels… Facebook Post by GoLaw.com - Mark A Doughty, Accident Lawyer. Tweet Happy New Year! Stay Safe in 2015 #NYE — Mark A Doughty Law (@DoughtyLaw) January 1, 2015

If you or a member of your family or friends are involved in an accident, car collision, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

GoLaw-Doughty Accident Injury Lawyer

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Have you been injured in a Car Crash, Slip and Fall, or some other type of Injury Related Accident? GoLaw.com is here to help you find a Personal Injury Lawyer near you.

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If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.

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GoLaw.com Auto Accident Articles

Have you been injured in an auto accident, car wreck, or motorcycle crash?  GoLaw.com is here to hep you find a Personal Injury Attorney near you.  Read our Auto Accident Articles to get more information.  If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

The following BLOGs may be helpful to you in researching your Auto Accident case:

Cancellation of Auto Insurance for Nonpayment of Premiums

The mandatory nature of motor vehicle insurance in the United States means that the system under which cars and trucks are insured involves a three-part relationship among the vehicle owner or operator, the insurer, and the government of the state where the car or truck is located. The heart of the auto insurance business relationship, though, is the policy of insurance, a bilateral contract under which the insurer agrees to provide the requested insurance coverage on a vehicle and pay valid claims and the insured agrees that he or she will in return pay the premiums due under the policy. When an insured fails to make timely payment of the premiums or fails to pay them at all, the insurer's ultimate recourse is to cancel the policy for nonpayment of premiums.

Comparative Fault in Automotive Products Liability Cases

Tort law is the branch of the legal system that deals with cases in which an individual or other legally recognized entity, such as a corporation or governmental unit, seeks to recover damages from another person for a private injury or wrong not arising out of a contractual relationship. Tort actions are often based on the concept of negligence, which the law generally defines in such a context as the failure to meet the standard of care required to avoid subjecting another to unreasonable risk of injury. Under traditional tort law principles, if the plaintiff in such a case was found to have been guilty of what is called contributory negligence, which is generally defined as a failure to use due care that contributes to the plaintiff's own injury, the plaintiff would be barred from recovering any damages from the defendant. More recently, many courts have adopted a doctrine called comparative fault or comparative negligence in deciding such cases.

Manufacturer Defenses in Automotive Products Liability Cases

The basic elements of proof that a plaintiff has to establish in a products liability action against the manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was put to its intended use and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Vehicle defects can include shortcomings in the design of a vehicle, mistakes in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of a risk inherent in the use and operation of the vehicle. Manufacturers have a number of defenses available to them in seeking to prevent a plaintiff from succeeding in an automotive products liability action.

Intentional Injury Exclusion in Auto Insurance

When a vehicle is involved in an automobile accident, the conduct of an insured may activate the automobile insurance policy's exclusion for intentional injury. Intentional injuries include suicide and assault, among other acts. Even though some states require automobile insurance companies to provide statutory minimum coverage, the companies may exclude coverage for intentional injuries. The intentional injury exclusion prohibits an insured, which caused an intentional injury to himself or herself or to another person, from recovering insurance benefits for that injury. This is a common exclusion in automobile insurance policies. Further, most no-fault statutes contain intentional injury exclusions.

Tort Liability of Owners/Operators of Private Motor Vehicles

While the owners and operators of private motor vehicles sometimes think of their possession of auto insurance as totally eliminating any potential tort liability on their parts, such owners and operators remain subject to the tort system to the extent that their insurance coverage does not encompass part or all of their legal liability for an incident that has caused personal injury or property damage to another person. Such a situation can arise, for example, where a court judgment reflecting injury or damage caused by an insured private vehicle owner or operator exceeds the limits of his or her policy, or where the insured's failure to provide required notice to an insurer or cooperate in the defense of a legal action causes the insurer to assert that it is not required to provide coverage for the loss under the policy.

If you or a member of your family or friends are involved in a motorcycle accident–crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com

GoLaw.com Personal Injury Articles

Are you researching a legal matter?  Have you been injured in an accident?  GoLaw.com is here to hep you find an Accident Injury Attorney near you.  Read our Personal Injury Articles to get more information.  If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

The following BLOGs may be helpful to you in researching your Accident-Injury case:

The Jones Act -- Unearned Wages

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.

Nominal Damages

If an injured party is harmed or has property that is damaged by the intentional or negligent conduct of a defendant, he may bring an action to recover damages. Sometimes, the injured party recovers a verdict but only nominal, or minimal, damages.

The Collateral Source Rule

The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant.

Dram Shop Laws

Under a "dram shop law," a business that sells alcohol to an intoxicated customer may be liable when the customer injures a third party. Most dram shop cases involve drunk driving.

Invasion of Privacy--Disclosure

The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy causes harm.

If you or a member of your family or friends are involved in a motorcycle accident–crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com

10 TIPS FOR DRIVING SAFETY IN THE NEW YEAR

Planning on driving up to the Snow during the Winter Months? Stay safe while traveling in cold, wet, and possibly icy conditions: it’s important to plan ahead and leave distance around your vehicle for a Safe and Happy New Year! Keep reading our GoLaw.com BLOGS to get more Travel Safety Tips for your travels during this holiday season.

Read original article on Yahoo.com
Ten Safety Tips for Winter Road Trips
Charlotte Walters, Yahoo Contributor Network
• Driving on Ice
• Winter Safety
• Car Kit

10 Tips for Safe Winter Travel on U.S. Roads

1.) Have Good Maps
Before taking a road trip in the winter, always map out your routes ahead of time. Do not assume that your GPS devices will always work during the trip. Have paper maps with marked routes that at least one of you understands. In winter weather, staying on the interstates instead of detouring around large cities is usually a good idea. It is better to be stuck in traffic and be near emergency services than to be stranded on a lonely or dangerous side road. Bring along printouts with information about possible stopping points along the way. Call ahead to hotels and get information or make reservations. Have some alternative options.

2.) Share Contact Information
Give a copy of your plan to a reliable friend or relative. The information should include an estimated arrival time at various major points along the way, and contact information such as cell phone numbers or the phone numbers of places where you plan to stay overnight. You should plan to contact the friend/relative from time to time with a progress report, or if you are significantly delayed. If there are people waiting for you at the final destination, they should receive copies of the travel plan and contact information as well.

3.) Prepare the Vehicle
Take your vehicle to a trusted mechanic for a tune-up. Check belts and replace if worn. Carry extra belts if possible. Clean the battery terminals using a baking soda mixture and a small brush. During the trip, check all fluids regularly, including the windshield washer fluid. Carry extra oil. Always keep the gas tank at least half full. This helps to keep water vapor out of the gas line, and if you were stopped in your vehicle for a long time, this would allow you to run the heater at intervals.

4.) Winter Emergency Car Kit
As every winter approaches, any vehicle that will be traveling in winter weather should have an emergency kit, which includes road flares or reflective triangles, jumper cables, spare tire with correct pressure, can of tire inflate/sealant, folding shovel, chains, traction mats (or kitty litter), ice scraper, extra wiper blades, can of de-icer or WD-40, insulated pliers, screwdrivers, socket wrench, roll of wire, bungee cords, duct tape, 50ft cord (used as a homing line in blizzard), and an empty container to carry gas or water. Remember never to carry extra gasoline inside a vehicle! This list may seem large, but it is incomplete. These are just the basics. If your vehicle is stopped in an ice storm or blizzard, move some of these items inside the car; your trunk may freeze shut.

5.) Pack for Winter Safety
These "people items" could be included in the emergency car kit above. Carry an orange reflective emergency vest, "Help Needed" windshield shade sign, first aid kit and manual, flashlight with fresh batteries, instant chemical hot packs and body warmers like mylar space blankets, plastic bags to wear between layers of clothing to repel moisture and retain body heat, emergency drinking water, and non perishable, high calorie foods.

6.) Internet and Radio Communications
Always be sure to check the Travel Alerts on the Internet if you have the capability, or keep the car radio tuned to the designated AM channels specifically for road travelers. Every U.S. State has their own Department of Transportation (DOT) website; look for a button or link titled Travel Alerts. This will provide information on specific parts of certain state and interstate roads most likely to be affected by weather, construction, and road closures.

Because cell phones have limited battery life, it is wise to have a backup means of communication. The inexpensive choice is FRS radio; you can find these at the local Radio Shack or Wal-Mart. They run on ordinary batteries. FRS Channel 1 is the nationwide emergency channel. The range is limited, and works best using line-of-sight, so climbing to a high spot will help the signal reach farther. CB radio is a bit more expensive, and some units are battery-powered. Channel 9 is the nationwide emergency channel, however Channel 19 is the most commonly monitored channel (language can be foul) and is used by most long-haul truckers. Generally, truckers are friendly, helpful, skilled people to have around during a vehicle emergency.

7.) Heavy Snow or Blizzard
Despite the best-laid plans, you may drive into dangerous snowy conditions. If you can see the vehicle in front of you, keep going forward, because if you stop on the road you could be struck from behind. If the snow is totally blinding, try to pull over just enough to get out of the path of other vehicles and wait out the storm. Pulling too far off the road might cause you to go down an embankment. If your vehicle becomes stranded in deep snow, stay with your car. Attach a bright marker of some kind. Make sure the exhaust pipe is clear of snow before starting the engine to run your heater. A plugged exhaust causes carbon monoxide gas to build up inside the car, quickly killing those inside!

8.) Icy Driving Conditions
Before you leave on a road trip, review with all the drivers of the vehicle how to correctly brake and steer in slippery conditions. Depending on whether it has anti-lock brakes and front or rear wheel drive, methods will vary. Cars are heavy objects. They have a lot of inertia. On ice, when something heavy is moving without any friction to slow it down, it just keeps on going! The heavier the vehicle, the more inertia it has. When driving on ice, slow the speed gradually to a crawl. Go twice as slow as you think you need to. Approach a stop or a turn by starting to slow down at least a half block early. Avoid hills whenever possible. If the car gets stuck, use a mat or sprinkle cat litter under the drive wheels for traction.

9.) Driving Near Trucks and Snow Plows
Remember that big trucks take longer to stop, and they are top heavy so that having to swerve out of the way could cause them to tip over. Do not cut in front of them! If you find yourself behind a snowplow, stay behind it or use caution when passing. The road behind a snowplow will be safer to drive on. Don't tailgate the plow; stay about 15 car lengths behind it. The plow operator's field of vision is limited, so don't assume that they can see you.

10.) Suggested Cross Country Routes
Traveling from San Francisco on the west coast to Boston on the east coast, the best winter routes would include the following: Interstate Route 40 avoids the majority of mountains and keeps the elevations generally lower, making it the best interstate choice in the wintertime. The highest elevation would be just over 7000 ft, at the western edge of the Great Plains leaving New Mexico. I-40 merges with I-75 in Tennessee. At Knoxville, stay on I-75 until it approaches Toledo, Ohio. Take I-80 going east toward Cleveland. This route generally stays open in winter although it is a northerly route, but the advance warning system for severe winter weather travel is a good one.

From Cleveland to Boston, continue east on I-80 all the way into New Jersey, avoiding some of the more troublesome northern routes. At this point you can turn onto I-95 and go right up the coast to Boston. While I-95 is heavily traveled and can have stoppages, you will never be far from emergency services and towns with nice accommodations if the weather turns nasty.

Even if a more southerly route is chosen in the wintertime, an Arctic Low could dip down and bring an ice storm to areas that would normally be temperate. No matter how safe you think a winter route might be, always check the weather forecasts and follow the ten travel tips above to keep you and your passengers safe.

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com 

 

CAOC Attorneys File Lawsuit on LAPD Cold Case

As reported in the Consumer Attorneys of California (CAOC) eClips on 10/29/13 and in the LA Times: 
An LAPD analyst filed suit about the disregarding of DNA evidence, implicating a detective in a 1986 MURDER.

LAPD Cold Case Evidence Ignored, Analyst Files Suit

An analyst in the Los Angeles Police Department has filed a lawsuit alleging that an LAPD detective ignored evidence that proved a police officer murdered her boyfriend's wife in 1986. According to the lawsuit, the plaintiff conducted a DNA test of saliva from a bite mark on the victim and the lead detective disregarded the results, saying the police officer "was not part of this." The lawsuit names the LAPD as defendant and alleges that the plaintiff was subjected to retaliation and harassment after bringing attention to the DNA tests. CAOC members John Taylor and Matthew McNicholas represent the plaintiff.
Joel Rubin and Richard Winton, LA Times  10/30/2013
Source: LA Times

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing the event caused by the WRONGFUL CONDUCT of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee unless he recovers for them (in accident cases). For more information, please see http://GoLaw.com.

 

Have a Safe and Happy Holidays from GoLaw.com

The Fall and Winter Months are a popular time of year for vacations and road travel. With Thanksgiving, Christmas, and New Years all bringing cold, wet, and possibly icy conditions, it’s important to plan ahead for a Safe and Happy Holidays!  Keep reading our GoLaw.com BLOGS to get more Travel Safety Tips for your travels during this holiday season.

Read original article on AAA.com

WINTER DRIVING TIPS

Severe weather can be both frightening and dangerous for automobile travel. Motorists should know the safety rules for dealing with winter road emergencies. AAA reminds motorists to be cautious while driving in adverse weather. For more information on winter driving, the association offers the How to Go on Ice and Snow brochure, available through most AAA offices. Contact your local AAA club for more information.

AAA recommends the following winter driving tips:

    •    Avoid driving while you’re fatigued. Getting the proper amount of rest before taking on winter weather tasks reduces driving risks.
    •    Never warm up a vehicle in an enclosed area, such as a garage.
    •    Make certain your tires are properly inflated.
    •    Never mix radial tires with other tire types.
    •    Keep your gas tank at least half full to avoid gas line freeze-up.
    •    If possible, avoid using your parking brake in cold, rainy and snowy weather.
    •    Do not use cruise control when driving on any slippery surface (wet, ice, sand).
    •    Always look and steer where you want to go.
    •    Use your seat belt every time you get into your vehicle.

Tips for long-distance winter trips:

    •    Watch weather reports prior to a long-distance drive or before driving in isolated areas. Delay trips when especially bad weather is expected. If you must leave, let others know your route, destination and estimated time of arrival.
    •    Always make sure your vehicle is in peak operating condition by having it inspected by a AAA Approved Auto Repair facility.
    •    Keep at least half a tank of gasoline in your vehicle at all times.
    •    Pack a cellular telephone with your local AAA’s telephone number, plus blankets, gloves, hats, food, water and any needed medication in your vehicle.
    •    If you become snow-bound, stay with your vehicle. It provides temporary shelter and makes it easier for rescuers to locate you. Don’t try to walk in a severe storm. It’s easy to lose sight of your vehicle in blowing snow and become lost.
    •    Don’t over exert yourself if you try to push or dig your vehicle out of the snow.
    •    Tie a brightly colored cloth to the antenna or place a cloth at the top of a rolled up window to signal distress. At night, keep the dome light on if possible. It only uses a small amount of electricity and will make it easier for rescuers to find you.
    •    Make sure the exhaust pipe isn’t clogged with snow, ice or mud. A blocked exhaust could cause deadly carbon monoxide gas to leak into the passenger compartment with the engine running.
    •    Use whatever is available to insulate your body from the cold. This could include floor mats, newspapers or paper maps.
    •    If possible run the engine and heater just long enough to remove the chill and to conserve gasoline.

Tips for driving in the snow:

    •    Accelerate and decelerate slowly. Applying the gas slowly to accelerate is the best method for regaining traction and avoiding skids. Don’t try to get moving in a hurry. And take time to slow down for a stoplight. Remember: It takes longer to slow down on icy roads.
    •    Drive slowly. Everything takes longer on snow-covered roads. Accelerating, stopping, turning – nothing happens as quickly as on dry pavement. Give yourself time to maneuver by driving slowly.
    •    The normal dry pavement following distance of three to four seconds should be increased to eight to ten seconds. This increased margin of safety will provide the longer distance needed if you have to stop.
    •    Know your brakes. Whether you have antilock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.
    •    Don’t stop if you can avoid it. There’s a big difference in the amount of inertia it takes to start moving from a full stop versus how much it takes to get moving while still rolling. If you can slow down enough to keep rolling until a traffic light changes, do it.
    •    Don’t power up hills. Applying extra gas on snow-covered roads just starts your wheels spinning. Try to get a little inertia going before you reach the hill and let that inertia carry you to the top. As you reach the crest of the hill, reduce your speed and proceed down hill as slowly as possible.
    •    Don’t stop going up a hill. There’s nothing worse than trying to get moving up a hill on an icy road. Get some inertia going on a flat roadway before you take on the hill.
    •    Stay home. If you really don’t have to go out, don’t. Even if you can drive well in the snow, not everyone else can. Don’t tempt fate: If you don’t have somewhere you have to be, watch the snow from indoors.
SOURCE: AAA.com

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing the event caused by the WRONGFUL CONDUCT of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee unless he recovers for them (in accident cases). For more information, please see http://GoLaw.com.