Defenders of Justice

DMV Employee Struck by Unlicensed Driver while Conducting Driving Test

2009-12-07T20:15:00.001-08:00

In one of the more ironic car accidents I’ve come across recently, a DMV employee conducting a driving test was injured when the car he was riding was broadsided by an SUV whose driver apparently needs a driving test.

The victim, who was identified as 63-years-old Roberto Mascardo of Sausalito, remains hospitalized after sustaining serious injuries from the collision.

According to reports, Mascardo was a passenger in a Camry driven by Maria Adela Morales-Monterosa, 57, of Richmond, who was taking her driving test.

As the Camry was making a left turn from Sonoma Parkway to Rainer Avenue, a Ford Explorer driven by Alvaro Sanchez, 41, slammed into the passenger side of the car.

Morales-Monterosa and Sanchez were not seriously harmed but Mascardo suffered major injuries.

Turns out, Sanchez was driving without a license.

Makes you want to say, “Should be you who’s taking a driving test!!”

Hopefully, Mascardo makes a full recovery from his injuries.

He can also file a personal injury case against Sanchez who, from the looks of it, is willing to take liability for the actions.

Sanchez did volunteer the information that he has insurance (which he really should because it is required by California law).

Well, that’s the least of his problems and his insurance company should be able to take care of that.

What he should worry about is being charged with driving without a license and probably reckless driving that resulted to bodily harm.

He should really consider getting an attorney to advocate in his behalf.

DMV Employee Struck by Unlicensed Driver while Conducting Driving Test

2009-12-07T20:15:00.000-08:00

In one of the more ironic car accidents I’ve come across recently, a DMV employee conducting a driving test was injured when the car he was riding was broadsided by an SUV whose driver apparently needs a driving test.
The victim, who was identified as 63-years-old Roberto Mascardo of Sausalito, remains hospitalized after sustaining serious injuries from the collision.
According to reports, Mascardo was a passenger in a Camry driven by Maria Adela Morales-Monterosa, 57, of Richmond, who was taking her driving test.
As the Camry was making a left turn from Sonoma Parkway to Rainer Avenue, a Ford Explorer driven by Alvaro Sanchez, 41, slammed into the passenger side of the car.
Morales-Monterosa and Sanchez were not seriously harmed but Mascardo suffered major injuries.
Turns out, Sanchez was driving without a license.
Makes you want to say, “Should be you who’s taking a driving test!!”
Hopefully, Mascardo makes a full recovery from his injuries.
He can also file a personal injury case against Sanchez who, from the looks of it, is willing to take liability for the actions.
Sanchez did volunteer the information that he has insurance (which he really should because it is required by California law).
Well, that’s the least of his problems and his insurance company should be able to take care of that.
What he should worry about is being charged with driving without a license and probably reckless driving that resulted to bodily harm.
He should really consider getting an attorney to advocate in his behalf.

Police Investigates Fatal Single-Vehicle Crash in San Jose

2009-12-04T16:58:00.000-08:00

The privilege given to drivers to operate a vehicle also comes with a responsibility of doing it in the right way. However, many drivers only enjoy the privilege they have and completely ignore the things that they are supposed to do.

This statement may be seen in the recent death of a 48-year-old man, from San Jose, in a single-vehicle accident that happened on northbound Interstate 680 in San Jose.

According to authorities, he was traveling in a 2005 Toyota Camry at a speed of 65 to 70 mph when he drifted into the concrete center divide along south of the Capitol Expressway.

The man did not have noticeable injuries when the emergency crew arrived at the scene, police said.

The unidentified driver was pronounced dead at the accident scene. An autopsy will be performed to determine the cause of his death.

The state should implement different programs that will teach drivers the importance of driving responsibly. It may be an additional way of informing them regarding the serious effects that negligent driving can cause.

19-Year-Old Driver Who Caused Fatal Car Accident Had Previous DUI Conviction

2009-12-03T18:02:00.000-08:00

The 19-year-old driver, who caused a fatal car accident last Saturday that killed a family of four on Highway 37, previously had a DUI conviction.

According to California’s Department of Motor Vehicles, Steven Culbertson was involved in a car accident in Lake County in 2007.

His license was suspended a month after.

Culbertson died Sunday, a day after his Mini Cooper ran a red light and plowed through a minivan at 70 to 90 mph.

The crash killed Jonathan Maloney, his wife Susan and their two children.

There were no signs of drugs or alcohol but Police are still awaiting results of toxicology tests.

Now that the liable party died, does that mean that that the family of the victims cannot go after Culbertson?

Well, criminally, there is no more need as Culbertson has already paid the ultimate price for driving recklessly.

However, the family can still file a wrongful death claim against Culbertson.

His death does not mean that he escaped civil liability towards his victims.

Hopefully he has a car accident insurance policy that will take care of the damages he left behind.

If not, the courts will go after his assets and properties.

Beyond that, the victims won’t be able to collect anymore even if it does not meet the amount of damages warded by the court.

They will have to settle for the knowledge that the law recognized that the victims were wronged by Culbertson and he paid for it with his life.

Athletes Dealing with Personal Injury Accidents

2009-12-02T23:04:00.000-08:00

Sports is fun and it keeps a person healthy. However it also poses risks to people, especially athletes who are often exposed to these risks when they encounter accidents during play.

In San Jose, a football player suffered a head injury during a game between his team and their school rival. He collapsed on the sideline. His skull was fractured and went under surgery in Santa Clara Valley Medical Center. He was at the ICU recuperating from the injury he sustained. It was horrible for his parents to see their son suffer such terrible ordeal. They never expected this to happen to their son.

Head injuries are often traumatic and devastating injuries which automatically disable victims His future changes dramatically because he will not be able to do things or activities he usually do nor will he not be able to work anymore and continue earning money.

People have to be careful when they are playing sports because accidents can happen anytime. It would be very expensive to pay for the medicines, emotional trauma and wages lost if he gets into an accident. When someone is responsible for the personal injury, he has to pay for all the damages of the victim. They may file a claim against the negligent party.

The victim may hire a lawyer who will be able to help him with the case to claim for damages. A good lawyer has to have a record of winning cases that are similar to the one that will be filed by the victim.

Gas Pedal in 3.8 Million Toyota Vehicles to be redesigned

2009-11-27T16:31:00.002-08:00

Vehicle manufacturers and makers are responsible for the safety of people who used their cars or vehicles. Hence car manufacturers can be held liable for injuries suffered by car users from accidents caused by manufacturing or design defects.

Among other changes, Toyota will redesign gas pedals on about 3.8 million of its known trucks and cars to correct possible unexpected acceleration problems.

The automaker will start to notify vehicle owners about this nationwide recall before the year ends. It will include recent model years of Avalon, Camry, Tundra, Lexus, Tacoma, and Prius.

Owners were already advised to remove their driver-side floor mat so that the gas pedal will not be entrapped.

This move followed after San Diego County Sheriff’s Department released a preliminary report stating that the recent fatal high-speed accident in Santee likely happened when the floor mat entrapped the gas pedal. The life of a police officer and his family members ended due to the incident.

The pedal will be about ¾ inch shorter and will have a somewhat different shape after it was modified.

Toyota will install a brake override system and change the Styrofoam padding beneath the floor carpet in the Camry, Avalon, and Lexus models with a thinner material.

This system will be responsible in cutting the power in case of an abrupt acceleration situation in which the vehicle’s brakes and pedal are simultaneously pressed.

Deaths may have been prevented if only Toyota was more cautious in designing and manufacturing its vehicles. The company should have foreseen accidents that may happen if a certain part due to vehicle defect.

Gas Pedal in 3.8 Million Toyota Vehicles to be redesigned

2009-11-27T16:31:00.001-08:00

Toyota Tundra Trucks Recalled Due to Excessive Rusting

2009-11-26T12:26:00.000-08:00

Toyota has announced its recalls on some 110,000 2002-2003 models of Tundra trucks after reports that road salt caused excessive corrosion that can cause the spare tie underneath it to fall off and endanger other motorists.

The National Highway Traffic Safety Administration warned the public and asked them to remove the spare tire to prevent accidents.

Vehicle manufacturers should be cautious in maintaining the good quality of their products to avoid any bad image that could reflect in the company’s income.

Moreover, under product liability, they will be held accountable for any car accident that may result from their negligence in manufacturing vehicles and so they should conduct tests to prove their product’s good quality.

Saving Life in the Water

2009-11-25T10:53:00.001-08:00

One moment he is enjoying the surf, the next thing he knew he was drowning. When Matthew Dinday drowned on the beach, his unexpected death was surely an unbearable news for his mother to receive. Ironically, Dinday was an experienced diver and he only went back to save his father and unfortunately, it was him, not his father., who perished in the waters.

Every year countless people die from drowning and other swimming-related accidents such as scuba diving. For someone who was trained to swim, the diver’s death was flabbergasting for most people. He was there to save his dad but apparently he was the one who needed saving.

It is important to keep one’s safety when they are in the water because this environment can be pretty unexpected. Undercurrent and huge waves are some factors why drowning happens. Some people underestimated the currents of the ocean and proceed to swim alone.

It is better to have someone tag along when swimming so that he can immediately call for help in case accidents happen. People may suddenly experience their leg or feet cramping thus leading to drowning.

Kids must be accompanied by guardians who must see to it that they are safe. Using floaters can also provide protection apart from having someone tag along with them. Even if there are lifeguards on the beach, that does not reassure them that they are safe. Knowing how to swim is a plus but it does not guarantee anything.

When one encounters such accident, he may consult with a lawyer specializing on drowning accidents to know what he can do to deal with this tragic accident. He will guide the victim’s family on what to do and help them resolve their problem. Drowning can be prevented and people have to be aware on what to do when they are frolicking in the water.

Bicyclist Sustains Major Injuries after Collision with Truck in Huntington Beach

2009-11-24T16:26:00.000-08:00

A 26-year-old female bicyclist sustained severe cuts and broken bones on her legs after colliding with a semi trailer yesterday in Huntington Beach.

According t reports, the truck was on the right lane of eastbound Edinger Avenue waiting for a red light to make a right turn towards Gothard Street.

On the other hand, the bicycle was on the bike lane and went straight after the light turned green resulting in a collision with the truck.

The victim would probably file a personal injury claim against the driver or the company who owns the truck.

Since trucks need more room to make a turn, they are allowed by law to take the outermost lane to give them the needed maneuvering space.

However, they are also required to proceed with caution and check for any incoming vehicles or pedestrians.

The bicyclist on the other hand may also have some liability or what we call comparative negligence.

When approaching an intersection, the law asks us to practice caution, it would seem that the bicyclist was not able to slow down and decided to go straight into the intersection without checking for hazards.

The truck driver would have likely been using a turn signal to inform incoming vehicles of his intent to make a turn.

Maybe, as a result of the bicyclist’s haste, she was not able to notice the signal. She may have also positioned herself on the truck’s blind spot where she cannot be seen by the driver.

Either way, the amount of liability of each driver will be determined after the police complete their investigation.

Handling car accident insurance problems wisely

2009-11-19T22:17:00.000-08:00

11.Type of output: Article
Website: ML
Word Count: 617
Keyword/s: Car Accident Insurance Problems
Title: Handling car accident insurance problems wisely

Car insurance companies are important if you own your own vehicle. It covers accidents and helps you pay the damages incurred. It is taken as a precautionary measure to lessen the burden cause by an accident. However, there are several car accident insurance problems you have to deal with.

Car accident insurance problems
1. Expensive insurance premiums- sometimes this cost even more than your vehicle. The reason why this happens is because the “risk exposure chances are high.” Your insurer will assess how much you have to pay. They factor in your age, marital status, sex, type of vehicle driven (car, SUV, sports car, etc.)
2. Contractual clauses- the insurance company may ask for higher premiums or disapprove coverage for clients who have high-risk exposures.
3. Redlining- even racial profiling is evident in the insurance business. This has been not practiced in the US lately and is now considered as illegal.

Insurance coverage claims problems
• Out of date claims-this is one circumstance that may lead you to encounter car accident insurance problems. If you neglected to contact your insurance company immediately right after the accident and provide them the police report and other necessary documents, then the claim will be stale.
• Insufficient documents- it’s important to take pictures of the accident and necessary to gather all information about what happened exactly during the accident that happened. Avoid being ambiguous when it comes to explaining to your insurer what exactly happened. They should know the correct information on how it transpired.
• Vague coverage- drivers themselves may not know exactly what is covered by their insurances. And apparently, some insurers may not know exactly also. It’s important for you to keep track of your specific coverage so that you won’t have to encounter any “surprises” from you insurance company. Sometimes, there are some insurers who may claim ambiguous clause in the policy regarding the types of damages incurred the cost of damages covered and what kinds of explanatory circumstances might avoid coverage.

Moreover, they may present value issues. The insurance companies may claim that your vehicle is almost worthless thus it doesn’t require that much payout. So it’s very important to file all insurance documents or records to avoid these circumstances.

Sometimes you might encounter problems with claiming from the claims department. If this happens, your insurance agent can help you by stepping in and pleading your case. They work on a commission basis.

However, if your agent is not available to help or assist you immediately then you can call directly the company’s supervisor handling insurance claims. If by any chance, still they refuse to cooperate with your then you may go directly the company’s division who handle such cases. Present them all necessary documents. Prepare them just in case you will need to fax, e-mail or send them through snail mail.

However, if still they choose to dispute with your claim, the next best thing to do is to call your local or state’s insurance department. Tell them specifically the scenario. Know if you are right or wrong and what you can do after. They may be able to guide you on the steps or exact words you can say to your insurer.

Make sure you also have the names, phone numbers and other details (your conversation with your insurer) of the insurance company which you can present to the local or state officer/s assisting you. So that if the insurance company is still uncooperative, the local or state department can call them and handle it themselves.

However, if still it doesn’t solve your problem, then it’s time to get yourself a lawyer with an insurance law background to handle your case and claim.

12.Type of output: Article
Website: ML
Word Count: 592
Keyword/s: Wrongful termination of at will employment
Title: Don’t get fired unlawfully

Losing a job is always a bad thing and causes you the feeling of reject or failure. Resignation on the other hand is better. But resigning because you were pressured is an entirely different thing.

Perhaps you were dismissed without proper notice, no sufficient reason/s or you didn’t sign any papers from your employer.

There are several possible issues for a wrongful dismissal case:
1. Discrimination- because of your race, sex, religion, disability or age
2. Insufficient cause- theft, violence or threatening behavior may be used but insufficient proofs can be used as an excuse for immediate dismissal
3. Whistleblowing- it’s not legal to fire an employee for whistleblowing.
4. Constructive dismissal- if you’re pressured to resign or you have a horrible working condition, you may claim constructive discharge. Also, you may claim constructive dismissal if your salary or working conditions are degraded as well as your responsibilities are reduced.

However, your employee has the right to fire you if:
1. At-Will employee- You have no contract and you’re an at will employee. You may be fired not because of discrimination. You can be fired for job-related problems or non-job-related reasons.
2. Contract employee- If you have a contract, terminating is governed by the terms of it. Contracts are either written or oral.
Moreover, it is wrong to fire an employee because of your alien status unless you’re an illegal worker. According to the federal Employee Polygraph Protection Act, you can’t be fired if you refuse to undergo a lie detector test like polygraphs, psychological stress evaluators, voice stress, and deceptographs.
Terminating an employee in public is another no-no—including sexual harassment and other illicit acts). First of all, you have the right to file for your compensation, medical leave and suing your employer/s. Second, if you are discharged for filing your legal obligations (serving in a jury or testify in court), you shouldn’t be discharged for that reason. Third, employers can’t fire you if you refuse to commit illegal actions (tax evasion, lying to government auditors.). Fourth, it is unlawful to fire you based on discrimination (national origin, race, color, gender, disability, age, and pregnancy.), which is protected by the American Discrimination Act of 1990.

Preventing wrongful termination
• Know your Labor Laws
• Do your job well
• Respect your boss and co-employees
• Better to have an employment contract

An upsurge in wrongful termination cases
Since recession, there had been an upsurge of wrongful termination cases in the US filed in law firms lately. Employment law issues are surfacing all the time. And according to some law firms, they’ve been receiving 20 to 80 calls a week on the same type of cases. There are a couple of on-going trials in the US District Courts.
In cases when age is used to fire you, there are four legitimate age-discrimination lawsuit you can file against your employer. First, ask yourself if you are in the protected class, if you over 40. Second, are you performing satisfactorily? Three, did you encounter any unfavorable employment action towards you (fired, demoted, salary was cut, etc.)? And fourth, were you replaced by someone not within the protected class of over 40 years old.
And so it is also important that the Equal Employment Opportunity Commission (EEOC) knows your case. Pass a right to sue letter to EEOC.
Lastly, if you are fired from the company, ask your employer if you can get financial or outplacement assistance, have a temporary contract work with a lower salary instead or at least get any severance out there.

13.Type of output: Article
Website: ML
Word Count: 436
Keyword/s: Automobile Accident Compensation Claims
Title: Vehicle Accidents: Claiming your Insurance Correctly
Vehicle accident claims are made when you got into a vehicle accident. It is settled with the car insurance company. In other words, the auto insurance policy is a contract between you and your insurance company.
The policy has a declaration page which contains what type of vehicle is covered, who is covered (driver) and other details to name a few. After an accident, you will have to notify the insurance company about your claim. They will automatically send a representative or an insurance adjuster to examine.
They will assess if your coverage applies to the losses incurred and if your policy exists. It will be followed by an investigation. First, they’ll find out who is responsible for the accident. Here, accident reports, interviews with the witnesses/es and examination of medical reports take place.
Once the representative knows who the responsible party is, he will calculate the damages basing on the medical bills, the loss of earnings and other future expenses that might arise after the accident. These will help your insurer know how much claim amount has to be paid.
Lastly, a fair settlement to the insured or the claimant is finalized. If you think the decision is deemed unfair, you can file for legal justice. However, you may encounter several problems since the claimant is supposed to pay for one-third of the damages which will serve as fees to your lawyer. It will be better if you’ll negotiate the fee with your lawyer instead.

Steps to follow after a vehicle accident
• Have an assessment of the gravity of your injuries or damages and the other passenger/s’ injuries or damages. Don’t move the body of the injured person since it might cause even further damage.
• Stay at the accident scene until the police and medical team arrives.
• Exchange information with the other parties such as their names, contact details, photocopy of their driver’s license, etc.
• It will help if you also get other witness/es’ contact details.
• Be mindful of the important events of the accident (speed, actions done prior to the accident, where you were coming from, etc.) It’s important to take photos of the crash.
• Contact the police and file a car accident report
• Inform your insurance company immediately
• Keep track of your medical treatment files and bills
• Get property damage valuation
• Don’t talk to anyone else about the accident except for your lawyer, your insurer and the police.
• Be careful of any insurance company’s offer for early settlement.
Vehicle accident insurance claims shall be handled carefully to avoid encountering any furthermore problems.

14. Type of output: Article
Website: ML
Word Count: 814
Keyword/s: Workplace Sexual Harassment
Title: Avoiding getting sexually harassed in the office

In Clovis Unified School District, a lawsuit was filed against the school and one of its teachers for allegedly sexually harassing one of the students.
Krista Garcia claimed that her teacher, Douglas Burns, “lifted her upside down in math class and also smacked her in the buttocks with a crossing sign after school while she was with other students.” Garcia said Burns had continued to sneer at her in school. He was placed on leave with pay last May 2009.
However, the lawsuit was dropped by a federal judge in a decision issued recently. Judge Anthony Ishii dismissed several causes of action in the case. “An allegation that Krista was harassed and retaliated against by other students when the district ordered Burns off school property was unsubstantiated,” the judge said.
But what exactly is sexual harassment? According to the US Equal Employment Opportunity Commission (EEOC), “sexual harassment occurs when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.” It violates Title VII of the Civil Rights Act of 1964.
With Garcia’s case, it was a teacher working as an employee in the school that performed a sexual harassment act.
Types of sexual harassment actions
• Verbal abuse of a sexual nature
• Touching or grabbing of a sexual nature
• Sexual pranks, repeated sexual teasing, jokes or innuendo in person or through e-mail
• Making or posting sexually demeaning or offensive pictures, cartoons or other materials in the office
• Off-duty, unwelcome conducts of a sexual nature that affects work itself
• Giving gifts or leaving objects that are sexually suggestive
• Repeatedly standing too close to or brushing up against a person
• Repeatedly making sexually suggestive gestures
• Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested—especially those who are supervisors or bosses
What happens once the Department of Labor has gotten a report on sexual harassment? DOL will take immediate investigation to address the situation once confirmed that the case is credible. The Office of Civil Rights (S/OCR) is responsible for investigating and overseeing processes done with alleged sexual harassment.

Employee’s rights and responsibilities
You should report any sexual harassment done by your colleagues or bosses—to the first- or second-line supervisors. You have several avenues to report allegations of such nature. Here are several resolutions you may pursue:

• Mediation- is an informal communication approve by having a trained mediator who will facilitate the communication between two parties. The management is obligated by DOL policy to send a representative to intervene. You may ask for the assistance of a mediator by contacting the S/OCR.

• Grievances- according to the law, “Civil Service employees who are covered by a negotiated grievance procedure may only file a grievance alleging sexual harassment or other Equal Employment Opportunity matters if permitted by the governing collective bargaining agreement.”

• EEO processes- all US citizen employees working in the US or outside the country but are working for the Department abroad can file an EEO complaint with the Department. You may consult an EEO counselor within 45 days after the alleged incident.
• Processes for Foreign Service Nationals (FSNs)- According to the law, “FSNs with questions about post procedures should contact the post's senior management officer and/or designated EEO counselor. FSNs may also contact S/OCR for guidance.”
Some cases may take years to adjudicate. You should have your own policy handbook that cites “sexual harassment policies, general harassment policies, how sexual harassment investigations are conducted in your company, and policy that forbids an employee in a supervisory role from dating a reporting employee and that details the steps required should a relationship form.” It will serve as a guideline or manual for you.

Keep these in mind when it comes to sexual harassments in the office
• The harasser can be either male, female or from the same sex, your supervisor, manager, customer, co-worker, supplier, peer or vendor.
• Other employees who observe or learn about the sexual harassment can also be the victims and institute charges.
• In the organization's sexual harassment policy, advise the potential victims that, if they experience harassment, they should tell the perpetrator to stop, that the advances or other unwanted behaviors are unwelcomed.
• When an individual experiences sexual harassment, they should use the complaint system and recommended procedures as spelled out in the sexual harassment policy of their employer.
• The employer has the responsibility to take each complaint of sexual harassment seriously and investigate.
• Following the investigation of the harassment complaint, no retaliation is permitted, regardless of the outcome of the investigation. The employer must not treat the employee who filed the complaint differently than how other employees are treated.

*source/s:
http://www.about.com/
http://www.state.gov/
http://www.fresnobee.com/

15.Type of output: Article
Website: ML
Word Count: 499
Keyword/s: Social Security Disability Hearing
Title: The hearing process for Social Security Disability
The Social Security and Supplemental Security Income disability programs provide benefits for disabled employees. It has two programs under—the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI).
SSDI pays benefits to you and certain members of your family if you are insured while the SSI pays benefits based on your financial needs. Upon applying for either program, medical and other information will be collected from you.
If your application is denied, here are several reasons why it happened. One is medical reasons and the other is non-medical reasons. You may appeal for them to reconsider your application.
Four steps of appealing to Social Security
1. Reconsideration- you may request them to review again your case.
2. ALJ Hearing- you may request a hearing before the Administrative Law Judge. Your request must be in writing.
3. Appeals Council Review- You may request the Appeals Council to review your case again. Your request must also be in writing.
4. Federal Court Action
You can have a lawyer or any qualified person to represent you. The Social Security office may help you also in finding a representative or if you can’t financially hire one.
60 days is given after you receive the notice of the SS’ decision for the type of appeal you filed. Your case file will be sent to the Administrative Law Judge’s office. At least 20 days before the hearing, they’ll send you a notice regarding the date, time and place of the hearing.
Before the hearing
• You and your representative can look at the evidence in your case file and submit new evidences.
• Submit any additional evidences you want to the Administrative Law Judge to be considered as soon as possible.
During the hearing
• The Administrative Law Judge explains the issues in your case and may question you and any witnesses at the hearing.
• You may bring witnesses to your hearing. The Administrative Law Judge may ask other witnesses as well.
• You and the witnesses answer questions under oath. It is informal but is recorded.
• You and your representative may question witnesses and submit evidence.
After the hearing
• After studying all the evidence, the Administrative Law Judge issues a written decision.
• The Administrative Law Judge sends you and your representative a copy of the decision or dismissal order.
If you will not attend your hearing, inform them beforehand. However, it is very important to attend a hearing. Because if you don’t, the judge may dismiss your case especially if you don’t present him a good and valid reason of not attending.
If still you are unsatisfied with the decision of the judge, you may request for the Appeals Council to review your case. They may grant, deny or dismiss your request for review.
Lastly, if still you don’t agree with the Appeals Council’s decision or your request was denied, you can proceed to filing a civil action in the US District Court where you are residing.
*source/s:
http://www.socialsecurity.gov/

16. Type of output: Article
Website: ML
Word Count: 411
Keyword/s: Confidentiality Agreement
Title: Signing confidentiality agreements
Upon joining a new company, you are required to sign their confidentiality agreement. It is defined as “an agreement whereby an organization that has access to information about the affairs of another organization makes [a responsibility] to treat the information as private and confidential [as possible.]”
It is important for the company or an inventor to protect any confidential information. The important elements of the agreement include the definition of confidential information, the explanation of purpose for disclosure, the disclosure, no disclosure, no use, limits on information deemed confidential, term and other provisions.
The definition of confidential information specifically states the scope of information covered entirely by the agreement. The explanation of purpose for disclosure to another party should state a specific purpose presented in the agreement itself. The disclosure states that “in return for agreeing to keep the information confidential, the Recipient has the right to receive the information. Since this puts a duty on the Discloser to disclose its confidential information, the Discloser should carefully consider the scope of any such provision.”
No disclosure means you must agree not to divulge the information to third parties. No use means you may not use the information for any purpose other than that set forth in the agreement. Limits on information deemed confidential. The term provision can be long enough to cover the interests of the disclosing party.
Other provisions include “a provision allowing the remainder of an agreement to stay in effect even if a portion of the agreement is found to be unenforceable; a provision stating that the agreement is binding on heirs and assigns; a provision calling for a return of confidential materials after use by Recipient; a provision stating that the Discloser has the right to receive an injunction from a court if the agreement is breached; a provision specifically specifying that the Discloser owns all confidential information; a provision specifying that disputes should be arbitrated; [and] a provision governing the controlling law for the contract.”
The confidentiality agreement contract is used during management and senior level job interviews wherein company confidential information is discussed; consultant or contractor contract and assignment discussions and products resulting from contractual work; vendor discussions that involve products, parts, and other proprietary information sharing and situations involving stock or company purchase, due diligence or any interaction during—which confidential information is shared.
Proprietary knowledge, trade secrets, client or product information, strategic plans, and other information shall not be shared outside the company.
*source/s:
http://www.about.com/

17. Type of output: Article
Website: ML
Word Count: 769
Keyword/s: Cruiser Bike Accidents
Title: Cruising on the Streets of California safely

Living in California is great primarily because of the beaches surrounding you. Another way to enjoy the sun and the sea is to cruise around while riding your beach cruiser bike. And it is also a great way for you to tighten up those muscles as you drive around. Beach cruisers blend in Huntington Beach and Venice, California.
Beach cruiser bikes have come a long way since they were first made in the 1950s. Back then, the selection was limited and the cruisers were designed to look like a motorbike. They are also known as beach cruiser lowriders since they are constructed close to the ground and have longer body.
But now the opalescent colors are much more interesting and creative. The basket, the tire fenders and the back rack are better. Most importantly, its performance on the road has improved. Your cruiser’s two-inch tires are suitable for riding on the boardwalks or even the beach sand.
Today, most are mass manufactured in China or Taiwan. If you’re going to own one, you have to pay attention to the quality of the bike. One way of knowing a good quality bike is to check for the weld marks on it. It has to be smooth which indicates high quality. Low quality bikes have metal puddles.
The material of your bike may be steel or aluminum. The latter is lightweight and rust resistant. For those who live nearby the beach or prefer cruising on the beach, aluminums are better. But there is less variety for this kind of bike. Most of the beach bikes are made of steel.
Cruising on the streets safely
Less hassle, less headaches. You can just simply zoom in and out of the streets—but safely that is. Typically beach cruisers have large comfortable seats and large handlebars that are easy to navigate. Few bikes are three speeds or higher. But better be careful with using your cruisers because, unlike your car, it doesn’t come with an airbag.
To prevent accidents, you should follow these safety guidelines while riding your baby:
• Obey traffic signals and signs
• Don’t get distracted
• Wear a helmet
• Drive like other vehicles
• Learn to use hand signals.
• Do not weave in and out of traffic lanes.

The California Vehicle Code’s (VC) four basic safety rules
1) Maintain control of your bicycle- Your bike should be the right size for you so that you can control it easily. VC contains specific laws pertaining to bicycle riders. One of them is it’s unlawful to operate a bicycle while under the influence of an alcoholic beverage or drug. The fine is up to $250. However if you’re below 21 years old, your driving privilege will be suspended or delayed for one year once you are eligible to drive.
2) Protect yourself- wear your helmet correctly.
3) Be visible, alert, and communicate your intentions- ride carefully. There are vehicles that are waiting on stop signs, intersections, driveways and parking spaces. Watch out for these vehicles when they passed by and make a right a turn. You might get hit accidentally if you’re not paying extra attention. Always signal when you’re turning either to the right or to the left by extending your right or left arm down. At night, use lights and reflectors. It’s a good idea to wear bright or light colored clothes to increase visibility. Red is not a good choice because it may appear black in fading light. Keep your eyes on the road. Avoid potholes, drainage grates, gravel, etc.
4) Ride in the same direction of the traffic.
Do not ride too far to the right when (1) avoiding parked vehicles or road hazards; (2) a traffic lane is too narrow for a bicycle and vehicle to travel safely side by side; (3) making a left turn; and (4) avoid conflicts with right-turning vehicles.

Cruiser bike accidents
Jason Bylsma, a University of South Florida student, was hit by a car while riding his bike to school last year. This accident led him to attending bike safety meetings his friend Michelle Strange. Last year, the meeting drew more or less 50 residents and representatives from different county, regional and state agencies—all involved in planning, transportation and safety issues.
Angelo Rao, who works in an engineering firm was contracted for the study, said “here have been 15 crashes involving pedestrians between 2006 and 2008. Of those, two had fatalities and seven resulted in serious injury.”
Many proposed walkable paths, bike lanes and better signage with speed lowered to 35 mph to prevent more accidents in the future.

18. Type of output: Article
Website: ML
Word Count: 579
Keyword/s: Aggressive Driving (causing accidents)
Title: Aggressive driving behavior and road rage
Driving your car is fun, having that convenience and the sense of ownership. But driving should be done correctly—aggressive driving is now one of the problems Americans have. It is a traffic offense. Speeding, switching lanes, not using a signal when doing so, etc. are some of the examples of aggressive driving.
Meanwhile road rage is different. It is a criminal offense. A driver can become angry because of an aggressive driving incident. He retaliates and has the tendency to overreact—it varies from confrontations or possibly using a weapon.
Many incidents have resulted to drivers overreacting and letting their egos take the center of the action. Accidents are defined in the dictionary as “an unexpected and undesirable event, a mishap unforeseen and without apparent cause.”
Accidents can be avoided. Majority of collisions are because of these four factors:
• Driver behavior
• Equipment failure
• Poor roadway maintenance
• Roadway design
In the US alone, there are over 95 percent of motor vehicle accidents. Usually, it involves aggressive driving behaviors. Most are caused by excessive speed or aggressive driver behavior. And usually people tend to put the blame on someone or something else.
In a recent study, it showed that 80 percent of the drivers believe the other party is the one at fault and not them. Only five percent admitted to taking the blame themselves.
Equipment failure of the car is also another factor for accidents. Manufacturers are mandated by law to design and engineer their cars that meet the US safety standards. The most common parts of a vehicle to break down are the brakes, tires and steering or suspension.
Drivers also blame how roads were designed. But according to studies, it plays a minor role. Civil engineers, local governments and law enforcement agencies contribute to designing safe road layouts and traffic management system. These things are considered upon creating the roads:

• Hazard Visibility- road constructions, parked or disabled vehicles, accidents, traffic jams, and wild animals crossings are the hazards on roads

• Roadway Surfaces- dotted and double lines
• Traffic Control Devices- Traffic light signals, speed limit signs, yield and stop signs, school and pedestrian crossings, turning lanes, police surveillance cameras, and traffic circles or roundabouts

• Behavioral Control Devices- Built-in obstacles such as crash barrels, speed bumps, pedestrian islands, raised medians, high curbing, guard rails and concrete barriers
• Traffic Flow
• Roadway Identification Signs
• Weather

Roads are sometimes poorly maintained and this can also contribute to accidents. There are some shortcomings that lead to roads being poorly maintained:
• Debris
• Faded road signs and hidden signs
• Potholes
• Roadway construction
• Salting and sanding

Going beyond the speed limit can kill. Collisions increases as the speed increases. It is recommendable to observe the speed limit. According to surveys, most bad drivers are in the young, middle-aged and old category—both male and female.
The most difficult attitudes to alter with drivers are the aggressive driving behavior and being selfish on the roads. Most drivers aggressively tailgates, flashes lights on other motorists, rude gestures, deliberate obstruction, verbal abuse and physical assault.
Road rage uses the vehicle as a weapon or physically assaulting a driver or their vehicle. It is not considered as aggressive driving. But it is a criminal offense. These types of driving are serious cases we must look into and deal with because these days there have been an adamant upsurge of vehicle collisions because of these.
*source/s:
http://www.drivers.com/
http://www.smartmotorist.com/

19.Type of output: Article
Website: ML
Word Count: 774
Keyword/s: Violation of Trade Secret
Title: Company trade secrets are considered sacred

“All forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, programmed devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing.”
-Economic Espionage Act of 1996, 18 U.S.C. § 1839 (3)

The World Intellectual Property Organization states that the trade secrets are “any confidential business information which provides an enterprise a competitive edge.” This includes industrial and commercial secrets.
It was October 11, 1996 when former President Clinton signed The Economic Espionage Act of 1996. The violation of this act is now a federal criminal offense. If an employee like you divulged unauthorized information outside the company you’re working for, the company can sue you. It is considered as an unfair practice.
Trade secrets may vary from the following—sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients and manufacturing processes. It is protected without registration unlike patents. It can be protected infinitely. It is particularly a lure for SMEs.

• Steals or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information
• Employee, without authorization, copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates or conveys such information
• Receives, buys or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization
• Attempts to commit an offense
• Conspires with one or more employee/s to commit any offense

The Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) says:
• The information must be secret.
• It must have commercial value because it is a secret.
• It must have been subject to reasonable steps by the rightful holder of the information to keep it secret.

Penalties
Violators will be imprisoned for 10 years and fined up to $500,000. Moreover, if the theft benefits foreign government, foreign agent or foreign instrumentality, more so the penalties will be greater. Foreign instrumentality is any agency, bureau, ministry, component, institution, association, organization, corporation, firm or entity controlled by a foreign government.

Trade secrets advantages
• Not limited in time. Patents lasts for 20 years
• No registration costs.
• Trade secrets have immediate effect.
• No required compliance with formalities

Trade secrets advantages
• If the secret is in material form in a new product, others might see it and actually dissect it as well as analyze it.
• Once the secret is made public, anyone can access and use it.
• A trade secret is more difficult to enforce than a patent.
• A trade secret may be patented by someone else who developed the relevant information by legitimate means.
There are some countries that are not strict in implementing this law. In the US, however, it is strictly enforced. There are already quite few cases of violation of trade secrets in different industries—from technology to the food industry.

Microsoft sued a former employee for stealing trade secrets
In 2005, Mullor was hired as a program manager for Microsoft’s Windows Security Group. According to the suit, “Mullor allegedly downloaded confidential documents onto his company-issued laptop at some point that were related to the subsequent patent lawsuit, and then allegedly used a file-wiping program and a ‘defrag’ utility designed to overwrite deleted files in order to hide the tracks.”
In 2008, Ancora sued Dell, HP and Toshiba because of allegedly using a certain Microsoft technology which violated an Ancora patent. Mullor said in an interview that he informed his former employer about his patent in his resume and employment agreement. And that Ancora ceased even before his employment with Microsoft.
It was in 1998 when he applied for his patent which was issued in 2002. Then in 2003, he discussed with Microsoft the benefits of using it. But they were not interested at that time.
“Microsoft's complaint against me in Washington is a shameful and a desperate attempt to put pressure on me and my family from continuing to pursue our legal rights in the federal court in Los Angeles,” he wrote.
“Mullor developed this patent way before he worked at Microsoft,” said Mike Cantor, legal representative of Ancora. “He tried to license this technology to them and they told him no. The man needed a job . . . so he decided to work for Microsoft.”
Microsoft accused him of breach of contract, misappropriation of trade secrets and fraud. The Ancora patent covers technology that identifies and restricts the operation of an unauthorized software program.

*source/s:
http://www.wipo.int/
http://tradesecretshomepage.com/

20. Type of output: Article
Website: ML
Word Count: 406
Keyword/s: SSD benefits (Appealing a Denial)
Title: Appealing denied Social Security benefits
Filing for your Social Security Disability Insurance (SSDI) or your Supplemental Security Income (SSI) will help you with your financial woes. However not all application are lucky enough to be accepted. In some cases, they are denied by the US Social Security.
There are several reasons that come into play why your application might get denied. It’s either medical or non-medical reasons.
1. You make too much money— more than $940 a month is the limit to the amount of Substantial Gainful Activity (SGA) that can be performed.
2. Your disability will not last at least 12 months.
3. You didn’t follow the treatment prescribed by your doctor.
4. You didn’t comply with the SSA’s or DDS’s requests for information or medical records.
5. They were unable to locate you. They won’t be able to find out the degree of your condition and possibly deny your case.
Four steps of appealing to Social Security
5. Reconsideration
6. ALJ Hearing
7. Appeals Council Review
8. Federal Court Action
You can have a lawyer or any qualified person to represent you. The Social Security office may help you also in finding a representative or if you can’t financially hire one. 60 days is given after you receive the notice of the SS’ decision for the type of appeal you filed. Your case file will be sent to the Administrative Law Judge’s office. At least 20 days before the hearing, they’ll send you a notice regarding the date, time and place of the hearing.
If you were denied because of your medical history, you can file a request for reconsideration with your SS. If your request is denied still then your next step should be to request a hearing before a judge. Most cases are won in this step.
A Federal Administrative Law Judge will hear your case. You will need all of your medical records. If you can’t afford getting a lawyer, the government can withhold a fee from your back pay to pay your attorney.
David Bueltemann, supervisor of senior claimant representatives said getting denied SSDI is a common incidence. SSA routinely denies 65 percent of applications at the initial application. “It’s important to realize that the first denial can be among the early steps in getting Social Security disability benefits for many people,” explained Bueltemann said. “This is a multi-step process that can be complex but rewarding for people who eventually get their entitled disability benefits.”
*source/s:
http://www.socialsecurity.gov/

San Juan Capistrano 250-Acre Brush Fire injures Two Firefighters

2009-11-17T22:36:00.000-08:00

Some jobs can actually endanger the lives of people who are tasked to fulfill their sworn duties. One of these jobs includes being a firefighter. As dangerous as can be expected, firemen enter burning places, put out the fire and save the people trapped in them.

In fact, two firefighters recently sustained minor injuries while they were trying to contain a wildfire that has already grown to about 250 acres along a wilderness area in Orange County.

According to authorities, the fire burned through heavy bush around four miles east of San Juan Capistrano.

Reports stated that about two water tenders, two fixed-wing aircrafts, five helicopters, four aircrafts, 20 engines, and 300 firefighters were found at the area. In addition, about 100 firefighters were still expected to be summoned to help in the firefighting effort.

Officials said although a downed power pole was found in the area, it is unclear if it is responsible in sparking the glaze.

The state should provide adequate support to the two injured firefighters. In addition, other firefighters should be clearly informed about the danger of their job and what it requires from them.

For more information about fire and burn injury claims, contact a personal injury lawyer in your area.

Trucks Dumps Garbage on Street Fire

2009-11-13T20:27:00.000-08:00

A truck driver in Laguna Niguel has reportedly unloaded the garbage he was carrying in his truck in order to extinguish the fire on the street. However, instead of killing the fire, the garbage he dumped fueled the fire instead causing it to grow bigger and threaten the safety of motorists and pedestrians.

Two engines were sent to the scene and extinguished the fire with a foam solution. The road was said to be cleaned after an hour.

Luckily, the fire was put out but if the scenario was way different, others could have been hurt and suffered fire and burn injury.

Toyota Sued for car’s Sudden Acceleration

2009-11-12T20:47:00.000-08:00

Defects in cars could be a ground for a product liability case especially if injury results from such defects. But for two Los Angeles residents, filing a case seemed the right thing to do even without sustaining any injury. They believed that a fatal accident could be prevented if a case would be filed at this time.

Plaintiffs Seong Bae Choi and Chris Chan Park were the owners of vehicles manufactured by Toyota Motor Corp. They alleged that they have experienced several instances of sudden and involuntary acceleration when driving their cars.

The suit came after Toyota has recalled 3.8-million of its vehicles due to its accident-causing floor mats. McCuneWright, counsel for the plaintiffs, said in the press conference that the suit was necessary to save lives and to force Toyota to make changes.

Toyota argued that the sole reason for its car’s unintended acceleration was due to “unsecured or incompatible” floor mats. It advised owners with the subject defective cars to remove the floor mats for the time being.

In California, a product liability case is also known as a liability without fault. The plaintiff need not prove that the car manufacturer is negligent. Liability attaches the moment the burden of proof is met.

For injured victims, a personal injury lawyers may be hired to pursue a product liability case against the car manufacturer.

San Diego Police calls Monday Bike Collision an Unfortunate Accident

2009-11-11T20:34:00.000-08:00

San Diego is calling Monday’s crash an unfortunate Accident. The Incident in question is the bicycle accident that involved a San Diego Patrol Car.

According to reports, the unidentified 63-year-old bicyclist turned from a gasoline station parking lot and headed south to a bike lane in Genesse Avenue.

The bicyclist then crossed a lane and consequently collided with a patrol car north of the intersection at Governor’s Drive.

The patrol car was running under 45 mph and was on the way to respond to another accident when the collision happened. The patrol car did not have his lights and sirens on during the accident.

The bicyclist, on the other hand, was wearing a red helmet and a vest with reflective patches.

The collision knocked the helmet of the cyclist head and he died on the scene.

The officer who was driving the patrol car was uninjured but was placed in paid administrative leave until the investigation is complete.

The family of the elderly bicyclist should consult a wrongful death attorney to discuss their legal options.

Although police are ruling this as an accident, the family of the victim can at least file civil lawsuits against the police officer.

Further investigations would show that even if it was an accident, the police may have committed some acts of negligence that could have caused the collision and resulted in the death of the victim.

Personal Injury lawyer Dies in Crash

2009-11-04T11:39:00.000-08:00

John O'Quinn, a prominent lawyer who handles personal injury cases in Texas, died after a solo car accident.

O’Quinn died with his driver as the Sports Utility Vehicle they were on crashed onto a tree. Police are yet to release statement as to what might have caused the accident.

Car crashes are almost inevitable as a person has no control over the actions of other motorists around them. But in O’Quinn’s case, the accident could have been prevented only if the driver was cautious enough.

However, product malfunction can also cause single vehicle collisions. In cases of product liability, the manufacturer of the defective product will compensate for the wrongful deaths of the deceased.

Two People Injured after Two-Vehicle Accident Involving an Overturned Car

2009-10-30T00:19:00.000-07:00

Many accidents happen along intersections because drivers fail to notice approaching vehicles. If an accident does happen, it often causes both property and physical damage to the people involved.

True enough, another vehicle accident that occurred at the intersection of Orangewood Avenue and Magnolia Street left two people suffering from injuries.

A blue Toyota Corolla reportedly collided with a silver Chrysler 300. It then overturned, crashing into a gutter of Orangewood’s westbound side.

The Chrysler stooped about 50 feet down the street.

According to authorities, the two people suffering from moderate and minor injuries were brought to a hospital.

The initial report revealed that a child was extracted from the overturned vehicle and another person was trapped inside. The child was unharmed in the accident.

Drivers should be extremely careful when passing an intersection where vehicles may approach them from different directions. Doing this can prevent accidents from happening, thus avoiding injuries and property damages.

Fiery Crash Caused by Big Rig; Blocked Traffic

2009-10-29T00:46:00.000-07:00

A crash on I-5 blocked the traffic for several hours as authorities extinguish the big rig that had caught fire after it collided on a center divider in Burbank.

According to reports, the incident involved at least five other vehicles and one motorist was trapped for a short period of time as another sustained minor injuries.

If the big rig driver is found guilty of negligence, he is likely to be held accountable for the compensatory damages that victims of the accident must receive.

In case the fire accident could have been partly caused by the rig’s defects, victims can sue the product manufacturer as well so as to claim compensation for their damages.

Two Pilots Suspended when Plane Overshoots Airport

2009-10-27T00:02:00.000-07:00

Pilots are required to exert extra care in doing their job because lives may be taken if their negligence caused the vehicle to crash. When planes are already moving in the air, even sudden simple mistakes can cause the vehicle to smash onto the water or ground.

Federal officials are investigating an incident involving a Northwest Airlines jet that overshot the Minneapolis airport by about 150 miles before its crew members realized their error and went back.

Authorities are trying to find out if pilot fatigue was the cause of the accident.

According to the National Transportation Safety Board (NTSB), the jet landed safely and none of the crew or the passengers was injured. Northwest’s parent, Delta Airlines Inc. reported that the plane was carrying five crew members and 144 passengers.

NTSB stated that Northwest flight 188, which is an Airbus A320, was traveling from San Diego to Minneapolis. The plane failed to maintain radio communication with controllers when it was at about 37,000 feet. It flew over the airport and overshot it by about 150 miles before contact was re-established.

According to the Federal Aviation Administration (FAA), the plane’s crew informed authorities that they were distracted during a heated discussion regarding airline policy and lost track of their location.

However, NTSB stated that they agency will assess if fatigue played a part in what happened.

Delta also announced that the two pilots involved were suspended from flying while an internal investigation is ongoing.

Luckily no one died in the accident even though the pilots overshot the airport. The law should impose harsher punishments regarding these accidents so that public vehicle operators will never forget that is their duty to secure the safety of their passengers.

Car Crashes into a Home in Simi Valley, Injures Mother and Narrowly Misses Baby

2009-10-22T00:20:00.000-07:00

A nine-week old baby narrowly missed injury and death while her mom broke her leg after a car plowed through their house in Simi Valley.

According to reports, the car crashed, rolled over and slid into the house.

The mother and child were brought to the hospital for medical evaluation and treatment.

The cause of the crash was not clear but the police ruled out alcohol and drugs as factors for the car accident.

Obviously, the mother can file a personal injury and property damage lawsuit against the driver of the car.

Unless there are other contributory factors in the accident (like another car, a road defect or debris, or a car defect) the driver will most likely be found liable for the injuries.

It does not matter if the driver did not mean to crash into the house; personal injury and property damage lawsuits are not criminal charges but civil lawsuits.

The main point is that if proven that he caused a car accident that caused injury and damages; he and his insurance company should compensate the victims.

The police and the prosecutors will decide whether criminal charges should be filed against the driver.

Then again, it will all depend upon the results of the investigation.

Rollover Involves Lexus SUV

2009-10-20T23:15:00.000-07:00

A recent vehicle accident in Huntington Beach involved a black Lexus SUV in a rollover resulting in damages to two other vehicles, a Ford Expedition and a Honda Odyssey.

The accident caused injuries to the driver of the Honda van and the driver of the SUV.

Authorities are yet to determine the cause of the accident but if it is proven that either of the drivers caused the accident, they are likely to be charged with negligence resulting to bodily injuries.

If proven guilty, the negligent party will have to pay compensatory damages to other victims who incurred physical injuries or whose property has been damaged.

[Blog Action Day] Reduced carbon dioxide emission to lessen effects climate change

2009-10-15T17:28:00.000-07:00

Cars are one of the major contributors of carbon dioxide emission. In fact, personal vehicles in United States alone emit 314 million metric tons of carbon dioxide which can fill a coal train 55,000 miles long and encircle the earth twice.

Carbon dioxide is one of the gases that enhance greenhouse effect making the earth warmer. Scientists believed that the global warming the world is experiencing now is due to the enhancement of the greenhouse effect. If carbon dioxide reaches the predicted level of 600 parts per million, the globe will warm up by 1.5 - 4.5° Celsius by year 2050.

Studies revealed that the tree leading car manufacturers General Motors, Ford and DaimlerChrysler emit a total of 72 percent of carbon dioxide emission or 230 million metric tons.

To minimize carbon dioxide emission, car manufacturers come up with environmental friendly cars such as hybrid or electric cars. These cars have great fuel efficiency and performance specifications.

Toyota, for instance, conducted its own study where it revealed that 28 percent of its carbon dioxide emission occurs during its manufacturing stage. Hence, when it manufactured its Toyota Camry, it reduced a 5 percent of its assembly-related emission.

The reduction caused by hybrid cars may be little compared to the total destruction that continuously beset the earth but little things if taken together can make a great difference.

Reduced global warming effect means better weather conditions which may prevent thousands of potential car accidents and weather-related disasters. The chilling effect that an improved climate may bring will benefit the human race in the long run.

School Bus Driver Scoops Lost Boy from Traffic

2009-10-12T19:44:00.000-07:00

Sometimes the chances to be a hero stares you right in the face and still not see it.

That is exactly what ten or so drivers did when they drove past a lost 4-year-old boy wandering on Beach Boulevard traffic and ignored what they saw.

However most of them did not see a lost kid, they just saw a little boy who was blocking traffic.

It took a school bus driver to realize the danger the boy was in and finally scooped him up to safety.

Valerie Flanagan, who has been a bus driver for 23 years, noticed the traffic moving slowly near Beach Boulevard and Westminster Avenue with the cars in front swerving in the street.

She assumed that there might be a dog stuck on the road but was surprised to see a small boy wandering in the far right lane of the six lane road.

Flanagan stopped, parked her bus and put her hazards on amid the annoying horns of the vehicles behind her.

She then went out of the bus knelt down and coaxed the boy to come to her for fear that if she comes too close the boy might run off.

The boy went to the driver and she picked him up. He tucked his head on her shoulder as Flanagan brought her inside the bus.

Flanagan said that there were no adults near the boy.

The police then received a 911 call reporting that the bus driver had the boy, and after 10 minutes a mother called to report a missing child, said Westminster police Sgt Dan Schoonmaker.

Within minutes everyone was reunited in a happy ending that could have ended otherwise.

Flanagan was outraged that none of the vehicles before her stopped to get the boy and said that she does not want to get credit for what everyone should be doing.

But we all know that she should get recognition. Had Flanagan ignored the child, who knows what could have happened to him.

It could have ended in a car accident where a lost boy ends up being seriously injured or worse.

A mother could be grieving for her little boy right now.

Although there was no accident, it is our duty to stop and provide assistance to those who are in need. This is not only our duty to the law but also a moral obligation as a human being.

Toyota Apologizes for Floor Mat Related Accidents

2009-10-08T21:26:00.000-07:00

In a surprising move, Toyota’s president Akio Toyoda apologized after his company announced its largest recall in the United States over floor mats that could jam the accelerator.

Last week, the automotive giant has announced that it will recall 3.8 million vehicles in the US, warning Toyota and Lexus vehicles about possible dangers related to the removable floor mats that could cause accelerators to get stuck and lead to a crash, serious injury or death.

These moves came following the death of a CHP officer and his family in the Santee fatal car accident and the settlement of a case where Toyota was the primary defendant in a wrongful death lawsuit for the death of 39-year old Troy Johnson after his Honda was hit by an out of control Toyota Camry.

The lawyers of the family of Troy Johnson said that the CHP and Toyota tried to put the blame on the Camry driver Guadalupe Gomez but the investigations show that fabric pieces were found to have jammed the accelerator.

The NHTSA also said that it has already received about 102 incidents where the accelerator got jammed in a Toyota vehicle.

All these incidents prompted the unusual apology from Toyoda that shocked reporters in Tokyo.

"Four precious lives have been lost. I offer my deepest condolences," Toyoda said. "Customers bought our cars because they thought they were the safest. But now we have given them cause for grave concern. I can't begin to express my remorse."

This apology signifies the initiative of Toyota to settle the issue with the family of the CHP officer that died after the Santee crash and move on from the incident as soon as possible.

If they have already filed a wrongful death, they may expect a generous settlement from the camp of Toyota.

The product recall was announced to make sure that no more related incidents happen while they are working to repair their damaged reputation.

Toyota is aiming to deflate public concerns as much as possible by apologizing and quickly concluding their position on the issue.

City Sued for Death of Bankruptcy Lawyer

2009-10-07T00:29:00.000-07:00

The death of an 83-year-old attorney last April is now the subject of a lawsuit to be filed against the city responsible for maintaining the grass in Newport Beach where the man fell on his scooter because of a patch.

According to the claims filed by Sharon Neben Fogg, Marvin Neben was reportedly coming down from a ramp installed in his scooter when its wheels went into a hole which caused the scooter to tumble over and injure Neben. He died ten days later.

Neben’s death certificate indicates that the cause of death is coronary artery disease.

In cases like this, the family of the victim can file claims caused by the negligence of the city that should be making sure that public properties are safe for everybody’s use.

If proven negligent, the accused will have to pay compensatory damages that will somehow alleviate the pain and suffering of the victims or his beneficiaries.