Tag Archives: doughty

AUTO SAFETY RECALLS Part 2: Toyota

29 Feb
Happy Leap Day 2016! We at the GoLaw Legal Network hope you will “Be Our Valentine” all year long by joining us on our Online Social NetworksLast month we posted Part One of an article about Car Safety Recalls from Farmers Insurance, and a few tips on What to Do If Your Car Is Hit With A Recall – Part One.  This month, GoPersonalInjury.com brings you more Auto Safety Tips and Best Practices with “Car Safety Recalls Part 2: Toyota”.
A number of members of the GoLaw family drive Toyota vehicles and have had good results with respect to longevity and ease of maintenance.  Even so, one of our vehicles (a 2009 Toyota Yaris) received a number of IMPORTANT SAFETY RECALL NOTICES during the past year, including:
Toyota Driver Side Seat Track Assembly: In the seat rail of the driver seat of the subject vehicles, the springs used for the mechanism which locks the seat rail in its adjusting positions could break. This can happen if the seat is adjusted forward and/or rearward with high frequency.  If a seat rail spring breaks, the seat may not lock into the adjusted position. If the vehicle is operated with a broken seat real spring, the seat could move in the event of a crash, increasing the risk of injury to the occupant.
Toyota Steering Column Spiral Cable Assembly: The steering column assembly in the involved vehicles contains a spiral cable assembly with electrical connections to the driver’s airbag module that could become damaged when the steering wheel is turned. If this occurs, the air bag warning lamp will illuminate. In addition, the driver’s air bag could be come deactivated, causing it to not deploy in the event of a crash.  This could increase the risk of injury to the driver in certain types of crashes.
Either one of these issues could create a dangerous situation, and if both occurred together, the result could be fatal. The above described Automobile Safety Recall Notices were sent to us “in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act”, and each applied to more car models than just ours, including certain:
– 2009-2010 Model Year Corolla and Corolla Matrix Vehicles
– 2008-2010 Model Year Highlander Vehicles
– 2009-2010 Model Year Tacoma Vehicles
– 2006-2008 Model Year RAV4 Vehicles
– 2008-2010 Model Year Scion xD
– 2006-2010 Model Year Yaris Hatchback and Sedan Vehicles
It was a fairly straightforward process for us to get the URGENT SAFETY RECALLS performed FREE OF CHARGE, but if you have other questions about the above recalls, click: Toyota.com/Recall or search your auto manufacturer/model and the term “recall” in your preferred online search engine such as Bing/MSN, Google, and/or Yahoo!. If you believe a dealer has failed or is unable to remedy the defect within a reasonable time, click: SaferCar.Gov
The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.
Advertisements

Dogs Attack NY Artist

15 Sep

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

New York woman arrested after pit bulls maul man

New York (CNN) 

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

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

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

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

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

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

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

“The dogs started biting,” Anthony Bove said. “He’s trying to push them away. They overpower him.”

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

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

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

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

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

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

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

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

NY Daily News

KENNETH WILLIAMS/VIRALHOG | NY Daily News

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

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

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

MICHAEL SCHWARTZ FOR NEW YORK DAILY NEWS

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

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

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

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

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

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

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

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

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

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

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

* Caution: Images May Be Disturbing *

ON MOBILE? WATCH THE VIDEO HERE.

WATCH THE SECOND VIDEO HERE.

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

Motorcycle Safety Video by CHP

31 Aug

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

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

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

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

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

MAY IS MOTORCYCLE SAFETY MONTH

30 Apr

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

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

Motorcycle Fatality Statistics

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

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

Helmet Use and Effectiveness 

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

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

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

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

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

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

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

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

WRONGFUL DEATH LAW IN CALIFORNIA

31 Mar

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

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

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

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

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

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

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

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

How Hitches Affect Rear End Collisions

28 Feb

It’s time for another one of our Driving Safety Tips from your friends at Golaw.com

Did you know that your vehicle’s Trailer Hitch has the ability to Increase the Risks of Injury to you and your occupants? The impact of a Rear End Vehicle Collision can cause painful injuries including soft tissue damage, and can be much worse on occupants if a trailer hitch is installed since it is attached directly to the frame.  Most modern vehicles are designed to protect their passengers from the impact energy of a Car Crash with “crumple zone” safety features.  However, when the hitch is inserted into the receiver so the “g forces” (Forces of Gravity increase the injuries) are transferred directly to the frame of the vehicle and the occupants bodies, there is the possibility for greater trauma since the impact could not be absorbed in the crush zones. For this same reason, it is typical to see the Property Damage be less severe with a lower cost to repair than it would have been had no hitch and ball been installed in the receiver.

As reported in the National Safety Commission Alert: “the most frequent vehicle accident (in the United States) is the rear end collision and “a vehicle equipped with a receiver hitch (tow bar) increases the risk of Whiplash by 22% if it is hit in the rear”.  According to the article: “A receiver hitch completely changes the crash dynamics.”

Continuing: “It has been shown that the occupants of the “target” vehicle will move forward at 2.5 times (or more) then that of the “bullet” vehicle. So a small 5 mph impact will send the occupants of the target vehicle flying forward at 12 – 13 mph – certainly enough force to hurt people. This change in acceleration or “Delta V” is what influences whiplash.”

Interesting Rear End Vehicle Collision facts:

  • Approximately 75% of all rear end collisions are less than 10 mph, and Low speed Rear End Collisions (less than 10 mph) accentuate the Whiplash more than High speed ones.
  • 94% of all rear end collisions occur on straight roads while 56% of all rear end crashes are straight on.
  • Only 14.2% of the people that hit you in the rear will miss your receiver hitch entirely.
  • 48% of the people that hit you in the rear – are not slowing down.
  • 80% of all rear end collisions are caused by driver inattention.
  • Women are twice as likely to end up with a Whiplash injury as Men.

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

GoLaw.com Car Accident Articles

15 Apr

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

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

Cancellation of Auto Insurance for Nonpayment of Premiums

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

Comparative Fault in Automotive Products Liability Cases

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

Manufacturer Defenses in Automotive Products Liability Cases

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

Intentional Injury Exclusion in Auto Insurance

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

Tort Liability of Owners/Operators of Private Motor Vehicles

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

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