San Fernando Valley Personal Injury Blog

It’s Time to Think Motorcycle Safety Again

As summer is almost here and the days get longer, the nicer days mean our roads will start to see a significant increase in motorcycle traffic. This also means that drivers will need to exercise even more caution on the already crowded California roads to ensure everyone gets home safely. Every summer sees a rise in motorcycle accidents, and it’s up to drivers and riders to educate themselves on sharing the roads safely.

While responsibility for motorcycle accidents can often be a shared thing, more often than not statistics indicate that motorcycle accidents are typically caused by motorists failing to see a motorcyclist or failing to yield to the cyclist’s right-of-way. These accidents often result in serious injury or even in death. Because of the seriousness of this issue, the Motorcycle Safety Foundation has released a new iBook, Intersection: Sharing the Road that is designed to educate motorists about what they can do to increase motorcycle safety.

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What Constitutes Medical Malpractice?

Medical malpractice occurs when a health care provider fails to deliver an acceptable level of care for a patient. This negligence can result in injury or even death for the patient. In a majority of cases this involves some form of medical error on the part of an individual, but can result from a systematic failure on the part of a facility or institution. The statutes which outline medical malpractice vary from state to state. The following are a few guidelines established for residents of California.

All medical malpractice cases are subject to a one-year statue of limitations from the date at which the individual became aware of the act, regardless of the victim’s age. If the individual fails to recognize the cause within the one-year period, the statue of limitations can be extended to no more than three years from the date of the injury. If the case involves a child who is under the age of six, action must be taken either before the child’s eighth birthday or within a three-year period following the incident.

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Massive Airbag Recall Affects Most Japanese Auto Makers

A massive recall announced at the beginning of April has been attributed to a Japanese seatbelt and airbag system manufacturing company that is blaming a component in an airbag currently installed in millions of cars throughout the world. This recall includes some 3.9 million vehicles and involves some of the most well-known Japanese automakers including Honda, Toyota, Mazda, and Nissan.

It has been confirmed by Toyota that the faulty airbags were manufactured by Takata Corporation, a Tokyo based seat belt and air bag supplier. The defect is known to be in the air bag inflator in the front passenger air bag. The faulty inflators are causing the air bags to erupt with too much pressure. This defect presents a risk of abnormal deployment of the airbag should an accident occur, and this abnormal deployment carries a risk of injury to the passenger.

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Here We Go Again … Congratulations to Robert Mandell

It might seem that this is becoming routine, but The Mandell Law Firm is once again pleased to announce that our partner and lead litigator, Robert J. Mandell, has been quietly collecting more accolades. Rob has been recognized with a distinguished Martindale-Hubbell Peer Review Rating. This rating is unique in that it is awarded by peers to deserving attorneys based on both legal ability and professional ethical standards. Not only did Rob receive a rating, he received the highest rating awarded to reviewed attorneys, AV Preeminent.

This recognition comes only after members of the Bar and Judiciary offer candid and objective feedback about their peers. A certain number of peer responses must be received in order to achieve a rating, and once those responses are reviewed, Martindale-Hubbell compiles them and awards the resulting ratings to deserving attorneys.

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Protecting Yourself and Others In and Around Your Pool

The summer recreation season is fast approaching and for many families that means lots of activity around the swimming pool. Southern California may well be the swimming pool capitol of the world with almost 100,000 backyard pools in the San Fernando Valley alone.

Swimming pools are great for relaxing during the hot summer months. Entertaining family and friends with barbecues, birthday parties, or just an afternoon of swimming can be great fun for everyone. But water safety should always be at the top of your priority list when hosting or attending a gathering around a swimming pool.

Swimming Pool Injuries Are All Too Common

Each year thousands are injured or killed in swimming pool accidents. If you own a swimming pool and have children or entertain friends, you should take every precaution to make sure they are safe and protected while on your property. First, this means having the right insurance coverage at a sufficient level in the event that someone outside of your immediate family is injured.

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What You Should Know About Indoor Tanning

With Summer only a few weeks away, many people will spend a good deal of that time in pursuit of the ultimate goal: a “healthy” golden tan. Leaving the oxymoron aside for a moment, finding time during the day to lay in the sun in order to achieve this goal is difficult for most working people. In response to this dilemma, technology and the marketplace have given us tanning beds. But is this a safe alternative to a risky behavior? Is tanning bed injury just as common as sunburn injury?

People choose to utilize tanning beds for a number of reasons. One is scheduling. Using a tanning bed can be worked into your schedule pretty much at your convenience, day or night. Another is the fact that tanning beds are not season-dependent. Indoor tanning is available year-round, allowing you to have the “perfect” tan all the time, even well before summer arrives.

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How to Protect Yourself and Others

Spring is here. Summer is fast approaching, and in Southern California it’s already boating season. Boating is a favorite water pastime for thousands of Californians, and one that can be enjoyed throughout most of the year for those of us in warmer areas. But in the summertime, crowds flock to lakes, rivers, and favorite spots on the Pacific shore to take advantage of sunny clear weather and enjoy sport and recreational boating at its best. When you combine the increased numbers of watercraft with the fact that most “captains” may not have been on the water in many months and might be a bit rusty, the situation lends itself to an increase in boating accidents and fatalities. And they always show up.

That’s why knowing your rights and responsibilities, both as a boat owner and as a passenger is very important. When someone rides on a boat, their safety and well being is automatically the responsibility of the boat operator. This means that knowing your passengers, and ensuring that they know what you expect of them, is vital to everyone’s safety. And everyone onboard relies on the boat’s operator to know and understand the laws and etiquette of safe boating, and to abide by them.

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What To Do If You’re First On The Scene of an Accident

Being the first to arrive on the scene of a serious accident can be a horrific experience. In these situations, there is a high probability that someone is going to need emergency assistance. But, just because someone needs help, does that mean that you’re obligated to offer it? If you choose not to get involved, as do some bystanders, can there be legal repercussions for your decision? What if you render assistance and the victim’s condition worsens or they die? Can you be held legally responsible?

Many states have enacted “Good Samaritan” statutes to encourage bystanders to become involved when someone is in need. These statutes offer some guidelines, but they are often vague. California Health and Safety Code Section 1799.102, which delineates the California Good Samaritan law, seems to offer complete immunity from liability only to “medical, law enforcement, and emergency personnel” operating outside the confines of “emergency departments and other places where medical care is usually offered.”

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How To Avoid Road Rage Accidents and Confrontations With Aggressive Drivers

As most of us try to cram more activities and responsibilities into an already packed schedule, we tend to push ourselves to the limit. One side effect of so many of us trying to reach too many places and get too much done in an unrealistic time frame has been a dramatic increase in the number of road rage accidents. Assuming that you’ve managed to control the rage you may be feeling, what should you do if you encounter it from another driver while on the road?

While one study, by the Centre for Addiction and Mental Health in Canada, analyzed almost six thousand road rage complaints spanning an eight year period and came to the conclusion that most road rage offenses occur on Tuesdays in September, that may not be a helpful statistic for most of us. Let’s assume that you can’t simply avoid driving on Tuesdays in September. If that’s the case, then here we offer a handful of tips that we believe to be more practical.

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Celebrate the Holiday and Get Home Safely

Few holidays rival St. Patrick’s Day for enthusiasm and tradition. While it’s always a major hit with those of Irish descent, as the old saying goes, “Everyone is Irish on St. Paddy’s Day.” But along with the festivities often comes a dark side; those who celebrate by consuming alcohol and getting behind the wheel of an automobile. When this happens, the celebration sometimes turns tragic. The number of St. Patrick’s Day accidents is also in a category all its own.

Alcohol-related accident statistics on St. Patrick’s Day are some of the highest of the year. As people prepare to enjoy their celebrations they often overlook the importance of planning ahead to avoid having to get on the road. Many people feel that a designated driver is unnecessary, and that they’re capable of having a “couple of drinks” without being impaired. They are rarely right.

A Few Tips For a Safer Celebration

I’m afraid we can’t be any help in locating the leprechaun’s gold, but we may be able to help you and your friends enjoy an entertaining and fun holiday, and still arrive home safely, if you follow a couple of the simple tips below.

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