October 4th, 2011
If you’ve been involved in an accident in Los Angeles and you want to make a claim for property damage or personal injuries, you may want to obtain a copy of the traffic collision report.
To obtain a copy of a traffic report, you must provide:
- A check or money order payable to LAPD in the amount of $23.00. This is a non-refundable administrative fee charged to cover the cost of the records search, and will not be refunded even if it is determined that no report exists.
- The location and the party(ies) involved in the collision, if known
- The type of report – traffic collision
- The date and location of occurrence
- A report (DR) number, if known
- The vehicle license number(s), when applicable.
Mail the check and the information to:
Los Angeles Police Department
Records and Identification Division
Document Processing Unit
P.O. Box 30158
Los Angeles, CA 90030
*Make sure to tell the police department where you want a copy of the police report sent.
The Hundley Law Firm stands ready to help you if you have been injured in an accident caused by another. We know that dealing with the insurance companies on your own is often a losing and frustrating battle. That is why were are here to help you. If you have been injured in an accident, call us to set up a free consultation to see how we can help you. Call us today at 310-348-8106.
April 18th, 2011
Today a 42-year-old man was killed while simply walking on the sidewalk in Walnut Park. A 23-year-old man was arrested on suspicion of driving under the influence near the scene. The 23-year-old failed to yield at a stop sign and he lost control of his vehicle and ran into the victim on the sidewalk. He then continued driving down the street and collided with a brick wall and overturned. He was arrested for DUI and manslaughter.
Such stories unfortunately happen far too often and have deep impacts for the victim’s family members. In 2001, unintentional accidents killed almost 86,000 people in the United States. Accidents rank as the number 5 cause of death and almost 1 in 20 deaths in the United States is caused by an accident. These unintentional accidents can lead to wrongful death claims, which can be complicated.
If you legally qualify as a survivor, you can file a wrongful death lawsuit for the recovery of the following damages:
• The loss of the love, companionship, comfort, affection, society, solace, moral support, and consortium of the decedent;
• The value of the household services the decedent would have provided in the future; and
• The value of the financial support which the claimant would have received from the decedent but for the loss.
There are only certain people who may qualify as a survivor able to bring a wrongful death claim and such claims can become quite complicated. If you have lost a loved one due to the wrongful conduct of another, feel free to contact us to discuss your potential ability to bring a wrongful death claim. You can also check out our website under wrongful death and learn more about such claims.
You can reach us at 310-348-8106
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Tags: Car accident, products liability, traumatic injury, Vehicle Accidents, Wrongful Death
February 28th, 2011
Toyota will conduct a voluntary safety recall of approximately 20,000 2006 and early 2007 Model Year GS 300 and GS 350 vehicles to modify the shape of the plastic pad embedded in the driver’s side floor carpet due to the potential for interference with the accelerator pedal. Warning: The accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position.
Owners of the involved GS 300 and GS 350 will receive a notification by mail beginning in early March 2011.
Toyota will also recall approximately 372,000 2004 through 2006 and early 2007 RX 330, RX 350, and RX 400h vehicles, and approximately 397,000 2004 through 2006 Highlander and Highlander HV vehicles to replace the driver’s side floor carpet cover and its two retention clips.
If the forward retention clip used to secure the floor carpet cover, which is located in front of the center console, is not installed properly, the cover may lean toward the accelerator pedal and interfere with the accelerator pedal arm. If this occurs, the accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position.
Separately, Toyota has amended its recall from November 2009, adding three models to address the potential for unsecured or incompatible floor mat entrapment of the accelerator pedal. The models added include:
• Approximately 603,000 2003 through 2009 4Runner
• Approximately 17,000 2008 through 2011 Lexus LX 570; and
• Approximately 761,000 2006 through 2010 RAV4
If you own one of these vehicles you likely want to remove the floor mats until you have a fix from Toyota.
Be careful out there, but if you or a loved on is injured due to an
unfortunate defect in your vehicle or that of another person, please contact us to see how we can help. We can be reached at
310-348-8106 or Click Here.
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Tags: Dangerous floor mats, Lexus recall, Personal Injury, Pre-litigation Services, Product recall, products liability, safety, Toyota recall, Unintended acceleration, Vehicle Accidents
February 11th, 2011
The Hundley Law Firm is here to help if you or a loved one has injured in an auto accident caused by another’s negligence. Unfortunately distracted driving is leading to more and more accidents, injuries, and deaths each year. We all need to be aware of the risks and do what we can to avoid driving while distracted. If you or a loved one have been injured because of distracted driver, we are here to help! Call today — 310-348-8106
There are three main types of distraction:
- Visual — taking your eyes off the road
- Manual — taking your hands off the wheel
- Cognitive — taking your mind off what you’re doing
Distracted driving is any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing.
While all distractions can endanger drivers’ safety, texting is the most alarming because it involves all three types of distraction.
Other distracting activities include:
- Using a cell phone
- Eating and drinking
- Talking to passengers
- Grooming
- Reading, including maps
- Using a PDA or navigation system
- Watching a video
- Changing the radio station, CD, or Mp3 player.
Distracted driving — surprising facts:
- 20 percent of injury crashes in 2009 involved reports of distracted driving.
- Of those killed in distracted-driving-related crashed, 995 involved reports of a cell phone as a distraction (18% of fatalities in distraction-related crashes).
- In 2009, 5,474 people were killed in U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving.
- The age group with the greatest proportion of distracted drivers was the under-20 age group – 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.
- Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves.
- Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.
The message is clear, distracted driving injures and kills, so we all need to do our part to minimize it. Again, call or email us if you have been injured by a distracted driver. We are here to help.
Tags: Car accident, Freeway accident, Pre-litigation Services, safety, Vehicle Accidents, Wrongful Death
January 20th, 2011
Many workers have serious questions about their vacation pay and if they are being treated properly by their employers. Here are a few questions and answers that you might have about your own vacation pay and about what your employer can legally do regarding your vacation pay.
First, believe it or not, there is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does provide vacation pay they have to follow certain rules. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as you perform your work. Vacation pay adds up as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination. (Suastez v. Plastic Dress Up (1982) 31 C3d 774) Employers can place reasonable caps on vacation benefits that prevent employees from earning too much vacation time. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th 1595) Usually, upon your termination, all earned and unused vacation must be paid to you with your final paycheck at your final rate of pay. Labor Code Section 227.3
Q. Can your employer make you wait 3 months or even a year before accuring any vacation pay?
A. Yes. An employer can provide a specific period of time at the beginning of the employment relationship during which an employee does not earn any vacation benefits. This could apply to a probationary, an introductory period, or can even apply to the whole first year of employment.
Q. Can your employer exclude you from the vacation plan if you work part-time?
A. Yes, an employer’s vacation plan/policy can exclude certain classes of employees, such as part-time, temporary, casual, probationary, employees. To avoid any misunderstandings in this area, the vacation plan/policy should state clearly and specifically which employee classification(s) are excluded from the vacation plan.
Q. Can your employer tell you that you have to use your vacation or lose it?
A. No, this is not legal. In California, vacation pay is another form of wages. Acordingly, a policy that provides for the forfeiture of vacation pay that is not used by a specified date (“use it or lose it”) is an illegal policy under California law.
Q. Can your employer cap your vacation pay so you cannot accure any more vacation days until you use some days?
A. Yes, such a provision is legal. Unlike “use it or lose it” policies, a vacation policy that places a “cap” or “ceiling” on vacation pay accruals is permissible. Whereas a “use it or lose it” policy results in a forfeiture of accrued vacation pay, a “cap” simply places a limit on the amount of vacation that can accrue; that is, once a certain level or amount of accrued vacation is earned but not taken, no further vacation or vacation pay accrues until the balance falls below the cap. The time periods involved for taking vacation must, of course, be reasonable. It has been repeatedly found that vacation policies which provide that all vacation must be taken in the year it is earned (or in a very limited period the following year) are unfair and will not be allowed.
Q. Can your employer tell you when to take your vacation?
A. Yes, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by controlling when vacation can be taken and the amount of vacation that may be taken at any particular time.
Employees must know and understand their rights and responsiblities under the law. If you have been treated unfairly regarding a vacation pay or wage issue we are here to help. Call us at 310-348-8106 or e-mail us at info@HundleyLawFirm.com and we will provide you with a free consultation to discuss your rights and how we can help.
Click on the Flyer below or check our website at www.HundleyLawFirm.com for more information about our services. We are here to help you!
Tags: Back Pay, discrimination, employment discrimination, Employment Matters, unpaid wages, vacation pay, wrongful discharge
January 19th, 2011
When it comes to protection from employment discrimination, you’re fortunate to be living in California which has some of the broadest civil rights laws of any state in the country.
In California, an employer cannot discriminate against you because of viagra race or ethnicity, because you have a mental or physical disability or medical condition, because of your sexual orientation, because of your religion, because you’re pregnant, or because of your marital status.
It is important that you know your rights under California’s discrimination laws—and it’s also important to know your responsibilities as an employee.
The employment discrimination laws in California are guided by the Fair Employment and Housing Act, sometimes referred to as the “FEHA.” These laws cover most every employer in California which has five or more employees–or only one or more if the issue involves harassment. FEHA deals with issues of illegal discrimination not only in employment, but also in housing, public accommodations (restaurants, retail stores, etc.), and acts of hate violence.
The Fair Employment and Housing Act (FEHA) :
- Prohibits discrimination in all aspects of employment including hiring, termination and terms and conditions.
- Prohibits harassment of employees or applicants and requires employers to take all reasonable steps to prevent harassment from occurring.
- Requires that all employers provide information to each of their employees describing the forms of sexual harassment, its illegality, the internal and external complaint processes and legal remedies.
- Requires employers to reasonably accommodate employees or job applicants with disabilities in order to enable them to perform the essential functions of the job.
- Requires employers to provide leaves of up to four months to employees disabled because of pregnancy or childbirth.
- Requires an employer to provide reasonable accommodations requested by an employee, with the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions.
- Requires employers of 50 or more persons in a 75 mile radius to allow eligible employees to take up to 12 weeks leave in a 12-month period for the birth of a child, the placement of a child for adoption or foster care, for an employee’s own serious health condition, or to care for a parent, spouse, or child with a serious health condition. (Employers are required to post a notice informing employees of their family and medical leave rights.)
- Requires employment agencies to serve all applicants equally; to refuse discriminatory job orders; to refrain from prohibited pre-employment inquiries or advertising.
- Prohibits discrimination by unions in membership or employment referrals.
- Prohibits retaliation against any person who has filed a complaint or opposed any activity prohibited by the Act.
The law provides for a variety of remedies, which may include:
- Hiring
- Back Pay
- Promotion
- Reinstatement
- Cease and Desist Orders
- Damages for Emotional Distress
- Reasonable Attorneys Fees and Costs
- Expert Witness Fees
- Administrative Fines and Court Ordered Punitive Damages
If you think you have been discriminated against on your job, CLICK HERE or call us at 310-348-8106.
We will provide you with a free consultation to discuss your case and your rights!
Tags: Back Pay, Cease and Desist Orders, discrimination, employment discrimination, ethnicity, Hiring, marital status, medical condition, mental disability, physical disability, pregancy, pregnant, Promotion, race, Reinstatement, religion, sexual orientation, unfair employer, wrongful discharge
January 19th, 2011
The learn more click on brochure below.
If you have been treated unfairly at work, you need to know your rights and how to obtain justice. We are here to help you. Check out the brochure below and contact us at 310-348-8106, email us at info@HundleyLawFirm.com , simiply
Tags: Back Pay, Cease and Desist Orders, discrimination, employment discrimination, ethnicity, Hiring, marital status, medical condition, mental disability, physical disability, pregancy, pregnant, Promotion, race, Reinstatement, religion, sexual orientation, unfair employer, wrongful discharge
January 12th, 2011
Auto accidents are one of the leading causes of injury and death in the United States. Each year, more than 40,000 deaths result from auto accidents. In 2005, there were nearly 6,420,000 auto accidents in the United States and the financial cost of these crashes was more than $230 billion. In 2005 alone, 2.9 million people were injured and 42,636 people killed in car crashes. Alarmingly, about 115 people die every day in vehicle crashes in the United States — one death every 13 minutes.
If you or someone you love has been involved in an auto accident and needs assistance, please feel free to Contact Us.
Tags: Personal Injury, traumatic injury, Vehicle Accidents, Wrongful Death
January 7th, 2011
Rest Periods and Lactation Accommodations
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In California, employers must authorize and permit nonexempt employees (hourly employees) to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at least ten consecutive minutes for each four hours worked. The rest period is counted as time worked and therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer’s premises during the break.
Pursuant to Labor Code Section 1030 every employer must provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission need not be paid. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The room or location may include the place where the employee normally viagra if it otherwise meets the requirements of this section. An employer is not required to provide an employee break time for purposes of lactating if to do so would seriously disrupt the operations of the employer.
If an employer fails to provide an employee a rest period in accordance with an applicable IWC Order, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided. Thus, if an employer does not provide all of the rest periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday. The rest period is defined as a “net” ten minutes, which means that the rest period begins when the employee reaches an area away from the work area that is appropriate for rest. Employers are required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.
If you are not receiving the required breaks, you have an action against your employer for unpaid wages and The Hundley Law Firm can help you present such a claim.
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Tags: employment law, Lactation Accommodations, Lactation breaks, rest breaks, rest periods, unpaid wages, wage claims, wages
November 29th, 2010
On November 27, 2010 two men were killed while they were attempting to change a tire on the side of the 605 freeway. Pedro Pedrosa, 43, of Azusa, and Ricardo Beltran, 49, of West Covina, were killed in an auto accident that happened at approximately 10 a.m. southbound on the 605 freeway, just south of the Arrow Highway. The two coworkers were trying to change a flat tire at the side of the freeway when the driver of a Ford Taurus lost control of his vehicle slammed into them. The driver of the Taurus was exceeding the speed limit and claimed he lost control when another vehicle suddenly changed lanes.
This appears to have been an avoidable accident that has unfortunately claimed the lives of two people. The accident shows that changing a tire on the side of the freeway is often a dangerous and sometimes a deadly proposition. At The Hundley Law Firm we want you to do everything to keep you and your family safe and we are therefore providing you with 15 steps to change a tire safely.
- The things you need to change a tire include: a jack, a lug wrench, and a spare tire.
- You should know where these items are located in look it surer vehicles instruction booklet to locate them.
- If you’ve got a flat tire you should drive the shortest distance you can to avoid damage to your wheel and your tire, but you must stop in a safe location. If you need to change the tire on the freeway/highway, you should pull aside only in a flat area. You never want to have to change a tire on gravel, or on an up or down hill. You also want to avoid changing tires closed curves whenever possible.
- After you come to a safe area and stop your vehicle on a flat solid surface, you should put on your emergency brake and emergency flashers. You should also put out road flares approximately 75 feet behind your car so the people behind you can slow down as they approach. If you’re changing a tire near a curve, you should put the flares toward the entrance of the curve so that other motorists know they are coming up upon a hazard. These flares should be used in both the day and nighttime and can be purchased at most automotive stores.
- After you’re in a safe area and you’ve put out warning flares, take a look and see which tire needs to be changed and take out your spare tire, your jack, and your lug wrench. One side of the wrench is used to pry off your hubcap. Use this small end of the wrench and placed it underneath the back edge of the hubcap and pry it off. Then with a lug wrench, loosen the lug nuts by using a tower clockwise motion. This should be done with your tires still on the ground. You only want to just loosen the nuts at this point. You do not want to remove them yet.
- Ensure that nobody is in your vehicle and don’t let anybody enter the vehicle while you lift the vehicle with your jack.
- Place the jack in the proper location according to your owners manual and start raising your vehicle off the ground. Please note that if you place the jack in the wrong place you can damage your car or cause it to over. Once the car is lifted, never put any part of your body underneath a car at any time.
- Once the car is lifted, go ahead and remove all the lug nuts using the lug wrench by turning them counterclockwise.
- Take a flat tire off and set it to the side off the roadway.
- Place the spare tire on the up and lined up the lug studs as you push on the spare tire. Then tighten the lug nuts in the clockwise direction with your fingers as tight as you can.
- Then take the lug wrench and tighten the lug nuts as tight as you can while the car is still lifted in the air.
- Carefully lower the vehicle using your jack.
- When all your wheels are back on the ground, again tighten the lug nuts to make sure that they are as tight as possible. You should try each lug not three or four times to make sure they are absolutely tight.
- There’s no need to replace your hubcap because you will be having a new tire for your old tired repaired shortly.
- Before leaving the area make sure that you extinguish the road flares and make sure to enter the roadway only when it is safe.
The Hundley Law Firm is here to help you or a loved one has been injured in the accident due to the negligence of another. We want everyone to remain safe, but if despite your best efforts you or a family member has been injured and you need legal representation, please call us at 310-348-8106. We are here to help and will provide you with a free consultation to discuss your legal rights.
Tags: Changing tire, dangerous tires, Deadly accident, Deadly freeway accident, Deadly highway accident, Freeway accident, Roadway safety, safety, tire safety, traumatic injury, Vehicle Accidents, Wrongful Death
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