Monday, January 31, 2011

Driver Error as a Cause of Truck Accidents


The number of truck accidents in the United States has gone up 20 percent over the last two decades. When a truck and a smaller vehicle collide, there is a high possibility that the occupants of the smaller vehicle will sustain serious or even fatal injuries due to the truck’s weight and size.

In 2002 alone, 4,897 people were killed while 130,000 others were injured due to accidents involving a large truck, as stated by the Federal Motor Carrier Safety Administration (FMCSA).

Driver Error

According to FMCSA, driver error is ten times more likely to trigger the occurrence of a truck accident compared to other factors like poor road conditions and the weather.

Trucking companies should be careful when hiring drivers because they may also be held liable in the accident if it occurred because one of their drivers is guilty of negligent driving while on-duty.

Here are two common causes of truck accidents that are related to driver error:

·         Drug use- Truck drivers are prohibited from using controlled substances, especially while they are on-duty. They may only take drugs if it was prescribed by a physician who is aware of their assigned duties and medical history.

It is the responsibility of the physician to make sure that the drug will not have a negative effect on his patient’s driving ability.

In order to prevent truck accidents caused by drug use, drivers are required to take drug tests so that it can be determined if they are fit to operate the truck. However, results of an investigation showed that drivers who have taken prescription drugs may come out clean during the Department of Transportation (DOT) drug test process just by using different products, specifically urine.

·         Driver fatigue- A driver who is exhausted will likely misjudge gaps, fall asleep, over or under-react to a certain situation, or become inattentive.

The “hours of service rules” have been created in order to make sure that drivers will have enough sleep and rest before they do their job duties. These rules only allow drivers to work for about 14 hours each day and also prevent them from driving for more than 11 hours.

If an accident happened because the driver showed signs of exhaustion, you may have a good case against him, especially if you were able to show that he exceeded the number of work hours that was imposed by the law.

For more information about truck accidents, you may contact a Los Angeles accident attorney of Mesriani Law Group at (310) 826-6300.

Friday, January 28, 2011

The Do’s and Don’ts after a Personal Injury Accident

Most of the time, accidents happen when you least expect them. Because of this, most accident victims suffer extensive property damage and serious injuries. In case it happens to you, you should be prepared for it. Below are some of the things you should and should not do right after a personal injury accident:

Do’s

  • Get medical help right away. Never attempt to take other steps unless you have received treatment for your injuries.
  • Report the incident to the authorities. It will always be good to obtain an official report of the incident from the police.
  • Write down the personal and insurance information of the involved individuals. Because accidents are often caused by the negligence or carelessness of a certain party, you should identify which party has caused the accident you got into.
  • Talk to witnesses. Ask them if they can serve as witnesses against the responsible party.
  • Take pictures of the accident scene. Taking pictures lets you document the damages of the accident. 
Don’ts 

  • In a car accident, do not move the vehicles until investigation has finished. The authorities may find additional evidence from the accident scene.
  • Do not disregard objects and information that may become valuable evidence against the responsible party. Any detail or issue related to the accident may help you identify the liable parties.
  • In any type of accident, never apologize to anyone. Apologizing means admitting fault. The other party can use this against you if you file a complaint against them.
  • Do not accept any settlement offers from the other parties without consulting with a Los Angeles Accident Attorney. If you accept such settlements, you would not be able to recover the amount of compensation you deserve.

These are just some of the do’s and don’ts right after an injury accident. Then, make sure you seek legal assistance from an experienced Los Angeles Personal Injury Attorney to handle your case. Here at Mesriani Law Group, we have expert and reliable attorneys who can provide you better chances of obtaining compensation from the liable parties. Call us at 1-866-325-4529 or email us at info@mesriani.com if you want our seasoned litigators to pursue your case.

While accidents are unpredictable, people can take steps in order to reduce the damage they can cause. If you seek legal help from an accident lawyer in Los Angeles, you might be able to fully recover from your damages.

Thursday, January 27, 2011

Handling Insurance and Legal Issues after an Automobile Accident


Every car accident always leads to insurance issues and/or legal liability. However, both these things are difficult to handle without the help of an expert. In this case, you need to get a Los Angeles automobile accident attorney in order to deal with these issues the best way possible.

After the automobile accident, one of the first things you need to do is contact your insurance provider and inform them about the incident. Then, you need to consider a few important things to make sure you receive financial assistance from your insurer.

  • Make sure to obtain the personal and insurance information of the other driver.
  • Call the driver’s insurance company regularly.
  • If your insurer or the driver’s insurance company asks for an estimate of your damages, give them a copy.
  • Prepare a list of the property damages you incurred in the accident.
These steps will help you recover financial assistance from the liable party in the accident. Remember that you may also include lost wages and pain and suffering as damages in the accident.

But what if the responsible party refuses to pay for your damages? In this case, hiring a Los Angeles personal injury attorney is your best option. Through legal proceedings, your accident lawyer should be able to prove the fault of the other party and file charges against it. These are some ways on how to come up with a successful personal injury claim:

  • Obtain a copy of the accident’s police report.
  • Have your Los Angeles automobile accident attorney estimate your damages.
  • Gather information to prove the other driver’s fault.
  • File a personal injury claim against the other party.
If you follow these legal steps, chances are the liable party would have no choice but to compensate for your damages. Otherwise, they may face legal charges, which may lead to even more expenses.

In handling insurance and legal issues, you will need someone with both legal expertise and knowledge about insurance policies. The Los Angeles personal injury lawyer of Mesriani Law Group have specialized in handling car accident cases for over 15 years. Because of this, they are able to provide help for victims with both legal and insurance issues.

If you want to avail our full legal services call us at (310) 826-6300 or email us at info@mesriani.com. With a proven track record in resolving such claims, we will definitely help you recover from your losses because of the accident.

Wednesday, January 26, 2011

Distressing Damages and Expenses of Spinal Cord Injuries


The spinal cord is part of the nervous system which controls all the processes and actions of the body. It transfers nerve impulses from the brain to the lower parts of the body in order for them to perform their functions. If a person’s spinal cord gets injured because of a personal injury accident, his body might find it difficult performing certain tasks, especially voluntary movements.

In this kind of situation, the victim should seek legal assistance from a Los Angeles spinal cord injury lawyer. With the help of his attorney, he may be able to identify the liable parties in the accident and obtain financial assistance from them. The following are some of the damages and expenses that a spinal cord injury victim may claim from the responsible parties:

·         Medical and legal expenses – This includes medical expert fees, medication and hospitalization costs, court expenses, damage expert fees, etc.
·         Lost wages and loss of earning capacity – If the victim becomes disabled for a long period of time, he should receive compensation for loss of earning capacity.
·         Loss of enjoyment of life – The victim’s incapability to engage in fun and social activities can also be identified as damages.
·         Lifetime care expenses – If the spinal cord injury causes the victim to become permanently disabled, the responsible party should compensate for care expenses.
·         Pain and suffering – The victim’s suffering because of the injury can also be used as damages. Taking pictures of the injuries and recording daily experiences in a diary may help in determining damages based on this factor.

With the help of a Los Angeles Injury Attorney, the victim may obtain these compensatory damages from the other party. If you got involved in a similar accident and suffered a spinal cord injury, do not waste time and seek legal help from a Los Angeles spinal cord injury lawyer immediately.

However, you should not get just any lawyer, but someone who has experience in handling spinal cord injury cases. Here at Mesriani Law Group, we have such lawyers who will certainly increase your chances of winning the case. With over 15 years of experience in resolving injury claims, our injury attorneys in Los Angeles can provide favorable results for your claim.

Acquiring a spinal cord injury in an accident is indeed a tragic experience. That is why you need to take legal steps against the liable party immediately. If you are able to get an experienced and reliable Los Angeles spinal cord injury lawyer, you would eventually obtain the compensation you deserve.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at (310) 826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Monday, January 24, 2011

3 Reasons why Automobile Accidents Happen

Automobile accidents continue to occur at present though the government has imposed different laws which promote road safety. Advancements with regard to vehicle safety are still not capable of protecting road users from collisions or solo-vehicle crashes because many of these accidents are not attributed to vehicle problems, but to the negligence of drivers.

A driver may be seen as negligent if he performed an action which is prohibited by the law or if he failed to perform an action which is required by it. For example, actions that a driver should do include turning on the vehicle’s lights when traveling at night, stopping his vehicle when there is a pedestrian on the crosswalk, and yielding the right-of-way. Meanwhile, actions that a driver is prohibited from doing include speeding, running a red light, and drunk driving.

Knowing the different causes of automobile accidents may enable you avoid being involved in one. Here are three reasons why this accident happens:

·         Driver fatigue- The presence of exhausted drivers on the road poses a danger for everyone, including themselves. Statistics released by the National Highway Traffic Safety Administration (NHTSA) revealed that drowsy driving causes around 100,000 accidents in the United States every year. 

Here are some tips given by the Motor Accidents Authority (MMA) which help in reducing the number of accidents that are caused by it:

o   Avoiding going on a long after working
o   Rest before going on a long trip
o   Pull over and rest after driving for at least two hours

·         Driver distraction- Drivers, especially young ones, should avoid doing anything else while they are behind the wheel. According to the American Automobile Association, driver distraction caused around 25-50 percent of all motor vehicle accidents in the country.

Drivers should always focus on the road because failure to do so may prevent them from immediately seeing the actions of other road users. For example, a driver who is busy reading a text message may not notice a pedestrian crossing the street.

·         Bad weather- High winds, heavy rain, fog, snowstorm, hail, or ice can affect the safeness of the roads. Drivers can be easily involved in an accident when there is bad weather due to diminished traction and poor visibility.

If you were involved in an automobile accident that resulted from another’s negligence, do not hesitate to pursue a case against him with the help of a San Diego automobile accident attorney.

This legal expert will help you build a strong case against the driver at fault in order to maximize your chances of being compensated. He will also guide you throughout the entire litigation process in order to lessen your burden.

For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Friday, January 21, 2011

What to Do During a Sexual Harassment Investigation


Sexual harassment is a wrongful conduct that should not be tolerated in workplaces. Although most companies and offices implement guidelines on how to report or file a complaint, the victim would still need the assistance of a lawyer before making a move.

When getting a lawyer, you have to look for someone who is knowledgeable and familiar with your issues and preferably someone who works within the area, near your workplace.

For instance, if you were involved in a sexually harassing conduct in San Diego, getting a San Diego sexual harassment attorney to represent you is a smart and practical decision.
  
However it does not end with that; it is also important to cooperate during the investigation of the case. Here are some things to keep in mind during an investigation.

  1. Keep everything confidential – Everyone involved in the investigation should keep the details to themselves. Both the accused and the complainant have their reputations on the line in a sexual harassment case. Confidentiality should therefore be observed so that no other person outside the case may spread possibly false information about it.
  2. Always cooperate – Do not be afraid to reveal everything you know. People who reveal information about such cases are protected by the law. If you are afraid of being retaliated for complaining about sexual harassment, helping someone complain, or for testifying about the complaint, talk about your concerns with the investigator.
  3. Answer the investigator’s questions completely – If you are the complainant, you are likely to be asked of the following questions regarding the case.
·         Who are the witnesses to the offensive conduct, if there are any?
·         When and where did the harassment occur?
·         Who among the other employees had the similar experience with the accused?

Meanwhile, if you’re the accused, the investigator may ask you to do the following:

·         Not to retaliate against the complainant or anyone who participated in the investigation..
·         Confirm or deny each of the specific allegations made against you.
·         Explain why the complainant will exaggerate or fabricate any information about the charges, if he or she did.

  1. Always communicate with the investigator or everyone else involved in the investigation – Along the way, you may gather new evidences or facts about the case and it is important for you to report to the people concerned if you did gather anything new. As a complainant, ask about any development on the case.
  2. Expect remedial action as soon as harassment is proven – Employers should discipline the harasser once proven that he’s guilty to discourage others from doing the same thing. Even if harassment is not proven, the employer may still have to take actions to avoid any more cases in the future and to further strengthen the company’s anti-sexual harassment policies.
It helps to know some of the benefits and advantages of getting a knowledgeable San Diego employment lawyer in a work-related dispute.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.