Los Angeles Personal Injury Attorneys

Trains and other railroad vehicles have become one of the most efficient and widely-used means of transportation in the country. In California alone, the Metrolink runs 7 line routes and has 54 stations. Around 40,000 commuters in the state utilize this rail system everyday.

However, trains are no stranger to vehicular accidents. The Bureau of Transportation Statistics reported that more than 2500 train accidents have happened in California in 2006, which resulted to 172 injuries and six deaths. In the US, over 3000 train accidents reportedly happen every year and around 1000 people lose their lives because of it.

Types and Causes of Train Accidents

The most common reasons behind such accidents can be classified depending on the particular type accident that usually occurs.

•    Crashes – Train crashes can either be a single train crash wherein the train gets derailed, or a collision between two trains, with another vehicle, or pedestrian. Common causes behind train crashes include:

o    Absence of crossing guards
o    Failure to blow horn at the appropriate distance
o    Limited operator vision due to various view obstructions
o    Malfunctioning of warning signals and lights, or of the crossing arms
o    Poor railroad design
o    Running at high speed

•    Toxic exposure – The second type of accident commonly affects the railroad workers since they are the ones who handle chemicals and other lethal materials. However, passengers and people on nearby communities can be affected as well. Toxic exposure can lead to illnesses that may affect important organs. Common causes of this accident include:

o    Failure to train employees
o    Improper linking of train cars
o    Improper loading and storage of toxic materials
o    Poor design and failure to maintain railroad tracks
o    Railroad employee and operator negligence
o    Violations on federal regulations regarding toxic chemicals

Liability

Trains are considered common carriers; therefore its management has the responsibility to uphold a duty of care to their passengers. If proven that the management or the train’s employees committed a mistake due to negligence, which put other people’s lives at risk, the management would be held liable for the accident and injuries it can result to.

However, if the accident was due to a defective part on the railroad, the manufacturer of that part can also be held legally responsible under product liability laws. Victims of the accident may want to acquire the assistance of train accident attorneys to determine liability for the accident.

A Los Angeles personal injury attorney can also help in establishing the appropriate amount of damages for the injuries acquired by the victims.

Spinal cord injury may be caused by a vehicular roll over accident. A driver or passenger who is not wearing seat belt at the time of rollover crash, may suffer from serious spinal cord injury as a result of impact or when he is ejected from the vehicle.

When nerve fibers transmitting signals to the central nervous system are damaged, basic body functions can be affected. Serious cases of spinal cord injury can affect functions of tissues and organs.

Here is a definition of the four areas of spinal cord:

1. Sacral vertebrae - It locates from tail bone to pelvis. Injury to this constitutes amputation of leg or hip function.

2. Cervical vertebrae - It refers to the neck vertebrae. Injury to this area can cause impairment in legs and arms. Quadriplegia can occur in serious injury cases.

3. Lumbar vertebrae - It refers to the injury on top of pelvis vertebrae to lower back. Injury to this area can cause abnormality in leg or hip functions.

4. Thoracic vertebrae - It refers to the injury on chest vertebrae. Injury to this area can result to disability in leg and chest body part. Serious cases can lead to paraplegia.

Spinal cord injury can be categorized as incomplete or complete. In an incomplete injury, a person can have motor and sensory functions below the area of injury. In a complete injury, a person can no longer exercise sensory and motor functions below the area of injury.

A person suffering from spinal cord injury can show symptoms such as:

1. Extreme pain
2. Loss of sensory and motor functions
3. Incontinence
4. Difficulty in moving, walking or body coordination

If you or your loved one has suffered Spinal Cord injury caused by vehicular accident, you can file a Personal Injury lawsuit to help you recover damages. It allows you to prove the fault of the driver who caused the rollover crash, resulting to your injuries.

You will have to prove fault by:

1.    Establishing that the person has a duty of care over you
2.    Proving that the person failed to fulfill such duty
3.    Establishing the causes of accident
4.    Showing proof that the accident led to your injuries

You will need to present a copy of police report, photos from the accident, witness statement, and medical records to substantiate your case. You can choose to hire a forensic engineer to reconstruct the accident and provide tire analysis.

If you succeed in your claim, you can recover compensation for your medical expenses, loss income, and emotional loss.

Consult with an experienced Los Angeles personal injury lawyer to help you file the lawsuit.

According to National Highway Traffic Safety Administration (NHTSA) reports, there are at least 37,261 cases of fatal car accident in the United States in 2008 alone. However, the number gradually decreased in 2009 and the months of 2010.

Statistically, however, this number remains high and indicative of the danger that motorists and passengers face when traveling California roads and highways. Federal studies show that the number of accident is directly linked to driver behavior.

Because of this, more stringent traffic safety laws are implemented in California which includes Speed rate regulation on public zones, Blood-Alcohol Content (BAC) limit, and Texting while Driving/ cellphone ban.

These significant laws are the most commonly violated regulations, confirming the NHTSA report on major causes of tragic accidents in US:

1. Speeding - Car drivers who exceeds speed rate on public zones such as schools, market, business district, and residential areas often face collisions. Accidents include hitting other cars, vehicles, pedestrian, or shoulders on road.  Speeding can cause the driver to reduce the response time that is supposed to process alternative actions such as avoiding an incoming vehicle or pedestrian or swerving to the emergency lane.

2. Driving under Influence (DUI) - Drivers who exceed BAC level of 0.8 percent are liable for DUI violation. DUI has strict penalties under California law and may face punitive damages. Teen drivers are mandated to adhere to zero percent BAC limit. However, this law is often violated by teenagers who hang out at night with their peers.

3. Texting while driving – Drivers who use their cellphone for sending twitter messages or answering a call are often victims of car crashes. California implements a strict prohibition on such traffic law violation.

If you are injured in a car accident caused by the negligent act (traffic violation) of the driver, you may file a Personal Injury lawsuit. It allows you to prove the fault of the driver and recover damages for your injuries.

You will have to prove that the driver commit a traffic violation and caused the accident, leading to your injuries. You will have to present evidence such as copy of police report, medical records, and witness statements to prove your allegations.

If you are successful in your case, you can receive compensation for your injuries and losses such as medical expenses, loss income, and emotional loss.

Consult with a personal injury attorney in Los Angeles to help you file the lawsuit and assert your rights.

Millions of people go to ski resorts with friends and families for pleasure and enjoyment, unmindful of the possibilities of ski accidents and cases of ski lift failure.

But dangers or accidents choose no one, and even celebrities have fallen victim to ski accidents.

In fact only last March 2009, actress Natasha Richardson died after sustaining major head injuries in a fall accident during her ski lessons at the Mont Tremblant Resort in Quebec.

Even with the presence of a professional ski instructor, there are still a lot of factors that could go wrong and your dream vacation can turn into a nightmare.

To help you be more cautious, here are some of the most common dangers in ski resorts you have to watch out for:

•    Collision with other skiers or snowboarders – There are really no definite path or designated trails for skiers so the danger of colliding with another skier, snowboarders or other riders in the resort is high.

•    Malfunctioning ski lifts – These are usually caused by ill maintained or defective ski lifts.

•    Negligent instructors – There are ski instructors who are just looking for the next pay and do not really care for the welfare of their students. These instructors may negligently put their students in conditions that they are not yet ready for.

•    Collision with vehicles – Skiers are also in danger of being hit by various vehicles such as snow cats and snowmobiles.

•    Defective equipment – Ski accidents can also be caused by ski equipment that has safety defects that prevent it from its proper function.

•    Fall accidents – These are usually caused by improperly designed slopes that makes it inherently dangerous or by ski lift failures.

If you were injured in a ski accident, you may file an accident injury claim; however, you must first identify the liable party.

The three most common liable parties are:

•    Ski resort operator – They could be held liable for foreseeable dangers such as defective ski lift and ski slope design; however, there are also a lot of cases where these operators cannot be held liable because skiers are assumed to have knowledge about the inherent dangers of skiing.

•    Other skiers, snowboarders or other snow vehicle riders – The duty of care between fellow ski resort visitors, especially those who are on the slopes is not clear and may be decided on a case to case basis.

•    Equipment manufacturer – if the cause of the accident is the defective equipment, then the liable party could be the manufacturer. You would have to prove the existence of the safety defect and its connection to the accident and your injuries.

Ski accidents and ski lift failure case can be very complicated so it is recommended that you consult with an expert Los Angeles personal injury attorney to assist you in your accident injury claim.

Did you know that there are about 5,000 fatal motorcycle accidents in the country?

In fact, if you would look at road traffic accident statistics, this number has been rising in the last decade.

The number does not even include motorcycle accidents that result in injuries.

But what cause this rise in motorcycle accidents?

To answer that question, here are some possible factors that may have contributed to the increase of motorcycle related deaths and injuries:

Cheaper than cars

With the recent economic slump, it looks like it will take a while before the country really gets back on its feet.

As a result, a lot of middle class families and individuals are required to find creative ways to tighten their budget.

One of those ways is to find alternatives to cars for transportations and the motorcycle fits the bill.

It costs just a fraction of a new car and it does not consume as much gas.

Unfortunately, this resulted in the increase of motorcycles on the road and a greater risk of motorcycle related incidents.

Urban Cities and High Population

Did you know that insurance companies charge a higher premium on people living in urban cities compared to those living in rural areas?

That is because studies show that the probability of getting involved in a road traffic accident is higher in areas that are highly urbanized and highly populated.

And with global modernization, many rural areas are now being urbanized, which also results in higher incidents of road traffic accidents, particularly motorcycle crashes.

Faster motorcycle models

One of the selling points that motorcycle manufacturers usually used to entice consumer into buying is speed.

Each model released is faster than the former and consumers eat it up.

Now you have motorcycles that have engines that are capable of very high speeds in comparison with regular motorcyclists.

Most of the time, the temptation of testing the speed capabilities of these motorcycles are too great to pass up and it ends up in a tragedy.

More negligent drivers

Studies also show that the increase in motorcycle accidents can be greatly attributed to negligent acts by the motorcyclists themselves.

As said above, newer models tempt motorcyclists to speed but that is not the only negligent act that causes these crashes.

Driving under the influence, reckless driving such as lane splitting in high speed and aggressive driving are also possible causes for recent increase in motorcycle accidents.

So if you are involved in a road traffic accident involving a motorcycle, it is best that you consult with a Los Angeles motorcycle accident attorney to know your legal options.