There’s no doubt that these new laws are being pushed for by the very people who are expected to constitute the country’s biggest ever generation of retirees by 2025. Instances of nursing home abuse in facilities around the country no doubt inspired them to push for better regulations related to the rights of senior citizens. With elder abuse running the gamut from physical abuse and mental torture to sexual assault and financial crimes against seniors, it’s become necessary that long lacking legislation or ineffective laws be tweaked to protect our elderly better. Besides, there is the fact that this problem is only expected to become even more severe in the years ahead. As persons begin to live longer, the possibility of large sections of this population living with dementia mean that more of them will need assisted care. The need for better laws has never been more urgent.

One of these new regulations is SB1140, and it seeks to define the actions that constitute elder abuse. According to SB1140, taking advantage of a person’s physical weakness or frail state of mind now constitutes criminal action. If a senior citizen’s property has been taken anyway from him or her through undue influence, then that person will also have to return the property. This regulation stems from the increasing instances of financial fleecing of these vulnerable people. SB1130 targets those who engage in charging seniors to enroll them in state-funded programs like Medicare or Medi-Cal. Under the new regulations, these people can expect harsher punishments. The AB2100 regulation requires the ombudsmen, who keep an eye out for abuse at nursing home facilities, to report any abuse to the District Attorney’s office.

The ombudsman program was at the receiving end of budget cuts announced by Governor Schwarzenegger last year, and has had trouble retaining staff to keep checks on nursing homes for elder abuse. It remains to be seen whether these new regulations will be as effective in the absence of the required staff numbers. Ombudsmen are required to keep in contact with both patients and family members, and keep them informed of their rights. They serve as a policing agent to look out for signs of abuse. With many programs around the state being forced to retrench their staff due to the budget cuts; senior advocates are worried that more abuses could occur.

Besides these commendable new regulations, there will also be better community participation in the protection of senior citizens in coming years. This includes doctors, caretaker, and even bankers. The practice of reverse mortgages by which a senior citizen is asked to sell equity in their homes for cash, is expected to end. Under this practice, elders who sell their house equity continue to live in their worthless homes, and can’t afford to sell and move to an expensive care facility when the time comes to do so.

Any kind of abuse perpetrated on any individual is despicable, but when abuse is perpetrated on senior citizens, the most vulnerable sections of our society, whose loneliness and physical and emotional fragility make them easy victims, it’s shameful.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of elder abuse. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

In Sacramento, California Highway Patrol officers arrested 106 people for drunk driving this holiday season, which ended on the 2nd of January. Last year, a total of 130 people had been arrested for drunk driving during the same period of time. However, the number of people dying in alcohol-related traffic collisions this year was higher than last year. Last year, the number of deaths were 15, while this year, it had increased to 19. The statistics in San Diego County told a similar story. CHP officers arrested 109 people this year on charges of drunk driving, as compared to 122 arrests last year. However, the number of accident-related fatalities was five, compared to 2 last year.

In Los Angeles County, the number of DUI arrests as well as fatalities were down during this holiday season compared to the same period last year. The number of drunk driving arrests last year was 316, and this year, the number had dropped sharply to 276. The number of deaths in alcohol-related accidents was three, compared to four last year.

In Monterrey County however, the number of drunk driving arrests this year was up by a whopping 82 percent compared to last year. The county saw a total of 153 arrests during the holiday season, as well as one fatality as a result of a drunk driving accident. The credit goes to stricter drunk driving enforcement across the county this season. There were more numbers of DUI checkpoints, as well as in-city patrols, and this seems to have helped keep drunk drivers off the streets, as well as fatalities low.

Across the state, drunk-driving arrests continued to drop while fatalities in many cases, rose. Overall in California, more than 1300 motorists were arrested for drunk driving, down from about more than 1500 arrests during the holiday season last year. 30 people died throughout the state in car crashes while last year, the number of deaths had been 26.

The Christmas holiday season which ends with New Years is the most traffic accident heavy season of the year. It’s not just the fact that the peak season lasts for well over a week, and that thousands of people find themselves on the roads on their way to meet family and friends, but also the fact that celebrations get progressively more raucous until New Year’s. Celebrating the arrival of a new year is seen as one of the most alcohol-heavy parties of the year, which explains the increased number of accidents. Unfortunately, it’s also the most stressful period of the year for law enforcement agencies who find themselves entrusted with the responsibility of making sure that auto accidents, injuries, and fatalities are all kept at a minimum.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The accident, the only fatality-causing one that occurred in San Diego County on New Years’ took place in Rancho Santa Fe. Guadencio Reyes-Guaintana was in a 2001 GMC Jimmy. He and his girlfriend had just welcomed a baby girl into their lives. Quintin Garza III, a 21-year-old Camp Pendleton Marine, and Oceanside resident, was following in a 2008 Dodge Caliber, and was under the influence of alcohol. Both cars veered off El Camino Real at La Orilla, and Garza’s Dodge Caliber landed on top of Reyes-Guaintana’s car. Reyes-Guaintana suffered severe injuries, and died at the scene of the accident. Garza was arrested at the scene on suspicion of drunk driving. He is being held on bail of $200,000, and is expected to be arraigned on the 5th of January.

What should have been a delightful year for a young couple is instead going to be one of heartache for the family. A newborn girl has been left fatherless even before she learned to recognize him. Our sympathies go out to Reyes-Guaintana ’s family during this tragic time.

New Year’s is the most alcohol-heavy celebration of the year, with large numbers of drunk driving accidents seen during this period. No matter what the time of the year or the circumstances, drunk driving is considered negligent driving behavior and comes with criminal and civil liability consequences. Unfortunately, criminal courts can hold a drunk driver liable for punishments that can include revoking of the driver’s driving privileges, fines or prison time, but they can’t do much to alleviate the pain and suffering of the victims in these accidents, who are often forced to bear heavy medical and hospital expenses as part of their recovery and rehabilitation.

In such cases, victims have the civil courts to turn to, to claim compensation for their suffering. In an alcohol-related car accident, it’s not just the drunk motorist who can be held liable for damages resulting out of the accident. A number of states, including California have what are called Dram Shop liability laws. According to these, an establishment that serves alcohol like a bar, pub, or restaurant can be held liable for any injuries resulting from an accident caused after their staff has served alcohol to an already intoxicated patron. In such cases, witnesses at the bar can testify that the establishment continued to serve him alcoholic beverages even when the motorist was visibly intoxicated. Even police officers who had the chance to stop a driver at a checkpoint, but let him slip away to cause an accident can be held liable under certain circumstances. Placing responsibility for the accident on a third party requires intensive investigative and evidentiary resources, and an expert Orange County drunk driving accident lawyer can help you build a case resulting in the compensation you deserve.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accident. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

52-year-old Rosanne Starr Webb was also wanted on a warrant dating back more than three years, that had been issued for driving without a license. A look at Webb’s history after her death in the crash shows a woman constantly on the wrong side of the law. Back in March of 2002, she had been arrested on two separate occasions, once in Sonoma, and the other time in Santa Rosa for drunk driving. On both occasions, her driving privileges had been revoked. She had also had a previous conviction in 1996 for driving without a license. In 1994, she had received four violations for driving without a license, and for failing to provide proof of ownership of the vehicle she was driving. In 2004, she had been sentenced to a 10-day jail sentence for driving without a license. She failed to show up, and in March 2005, the Sonoma County court commissioner signed a non bailable arrest warrant for Webb.

At 2 pm on Monday, the driver of a Jeep called 911 to report that a woman was driving a blue Ford very erratically, and seemed to be disoriented or drunk. A few minutes later, Webb’s Ford clipped the Jeep, and then smashed into another car being driven by 77-year-old Beverly Rick. Both Webb and Rick were killed in the accident. With the main suspect in the accident dead, officers say it’s not likely that this case will see any charges being filed. Police are waiting for Webb’s autopsy results to be out. These will show if she had been under the influence of alcohol or drugs at the time of the accident. There have also been witness accounts that seem to indicate that Webb was in a disturbed or angry frame of mind at the time of the accident. So, road rage or the need for anger management is also not being ruled out as a factor in this accident.

There seems to be plenty of confusion about the status of Webb’s license at the time of the crash. Her last case relating to driving without a license seems to have been dormant for the past three years, and there is also confusion about whether she completed a DUI course that she had been required to undergo as part of sentencing during one of her drunk driving offence cases. In short, her case seems to be one where a woman who was a probable danger to herself and others on the streets given her extensive records of violations and drunk driving offences, was allowed to slip through the cracks of the system. This has had terrible consequences for Beverly Rick whose family had to deal with the fact their mother or grandmother was killed at the age of 77 in a devastating car accident, with a woman who, by all accounts, had no business being behind a wheel.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of car accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

In its final days before it vacates office, the Bush administration has made changes to a federal law that simply places a lot of information about inspections of these facilities away from the reach of the public, or anybody who may have need for this information. It’s not just the nature of the rule that has nursing abuse lawyers as well as patients advocates worrying about its effects on the prevention of elderly abuse. It’s also the way it has been put into effect without proper notice, and without any discussion on the topic. This seems to be yet another in a long list of rules that have been formulated to benefit and protect a privileged few, while leaving people without access to the tools they need in order to be able to protect themselves.

The rule reclassifies state employees who inspect nursing homes as federal employees, and denies them the right to share privileged information on nursing home inspections with the public. The only way this information can be shared is after prior permission from the head of the Centers for Medicare and Medicaid Services. According to Michael Leavitt, secretary of the Department of Health and Human Services, the changes were brought about because employees find it hard and time consuming to supply information. It then takes away from their other important duties; like surveying and certification of homes.

The implications of the rule for elder abuse lawsuits are enormous. The rule essentially makes it harder for patients to get to the bottom of the problems at a particular facility because of the lack of information. Elder abuse lawyers who need information to pursue claims on behalf of clients who have been abused at these centers may find it harder to get access to all the information they need. It’s obvious that these rule changes were not set into place with patient safety and well being in mind. In a year when we have seen California’s nursing homes go from bad to worse because of aid cuts that have left many facilities without proper inspections. This rule is going to be one more factor that allows nursing homes to get away with elder abuse.

The Bush administration has had many laws passed in its final days that will have far reaching effects on people’s lives. It’s just one more example of how government interference with patients’ rights to protect themselves has become all pervading, leaving patients’ civil rights severely compromised. With fewer inspections through the Ombudsman program which faces the axe after California’s budget cuts, and the possibility that the facilities will be able to hide their wrongdoings without fear of punishment is an extremely frightening one, and must galvanize elder abuse lawyers, the media and public into action.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of nursing home abuse. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

In Sacramento alone, there is an estimated 600 drunk driving offenders on probation, the Sacramento Bee reports, and of these at least 80 are reported to be the worst habitual offenders, those who require constant supervision and monitoring to make sure that they are not out on the streets causing more havoc. Probation officers are required to check up on these offenders often, to make sure that they are keeping to the terms of their probation, including abstaining from drinking, doing drugs, and driving. Keeping tabs on the offenders can be a full time job. Officers show up unannounced at the offender’s home to look for any signs that he may be slipping into his old ways again. They may even stalk the person’s house to make sure that he is not tempted to drive off.

Habitual offenders are covered under separate laws that different states have, and these impose harsher penalties on offenders. Some states call these the three strikes law and different states have their own way of prescribing penalties for chronic offenses. Generally, three DUI convictions in a specified period of time are considered as falling under the territory of being a habitual DUI offender. In California, a third DUI conviction in a period of 10 years can lead to time in prison, as well as a revoking of the offender’s driving privileges. He will be declared a habitual offender, and will be considered as one for a period of three years after his third conviction. This means that this will stay on his record, besmirching his reputation and affecting his professional and personal life.

Driving privileges may be reinstated only after the offender undertakes and passes a program that certifies him or her as being fit to drive. In the meantime, the offender may be given a restricted driver’s license, although this will be given only under certain circumstances. Overall, California has some of the toughest drunk driving laws in the state, and these are designed to discourage chronic drunk driving offenses. There are also laws that allow for murder charges to be filed against a drunk driving offender in case of a fatal accident, if it can be proved that he had knowledge that his drunk driving behavior would have consequences, including a liability for murder charges.

Drunk driving accidents cause immense destruction and suffering each year. People are maimed, and lives are lost. Families, who are left behind after a drunk driver has killed one of their own, may find it hard to even conceive the thought of a life of happiness again. What can be prevented simply by using some common sense, and taking the trouble to call a cab or have someone drive you home when you’re not in as position to do so yourself, can have far reaching and life long repercussions. Civil liability is just one of the ways that our system places responsibility for a drunk driving accident on the shoulders of those responsible.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The relationship would have remained under the radar if it hadn’t been for a few images that the trainer, Hope Jacoby, had sent to the victim’s cell phone. School officials intercepted these images on Friday. Both Jacoby as well as the male student were interviewed by school officials, and when it became clear that there had indeed been a relationship, the police were called in. Jacoby had apparently worked at the school for about a year, and had worked with other male athletes too at the school. The relationship is suspected to have begun when she began duty. In November, Jacoby quit her job saying she wanted to pursue higher education.

She was arrested, and then released after she posted a $100,000 bail. Investigations are still on. Police believe that there may be more victims.

This was a trainer who jumped through all the hoops before she was appointed in a position of authority. She was subjected to fingerprint testing and had her background screened, as all public employees are required to do. It seems like we have been seeing more of these teacher-student sexual abuse cases in recent times. It’s hypocritical to assume that just because the victim here is a boy that the crime is less serious in intensity or that the emotional trauma of this will be short term. It’s easy to think that because the victim was a 14 to 17 year old boy, that the long term implications of the abuse will not be as profound.

Improper relationships with adults can leave a minor, both males and females with long-term effects that can color their perception of adult relationships, and cause hindrances when the time comes for them to form relationships of their own. There’s a reason why the law forbids such relationships between an adult and a minor. The consequences for the abused victim is often a lifetime battling guilt, shame, a deflated sense of self worth, and a tendency to view sexual relationships as leverage to get your way. Such children are more likely to seek out destructive relationships, and get lured into other adult vices like alcohol and drug abuse, because the sexual abuse gives them a warped view of their own age and their place in the world. All of these don’t bode well for the emotional development of the victim.

In case like this, the victims might not have the need for immediate medical assistance or hospitalization, but may require months, possibly years, of intensive emotional therapy and counseling. Parents of a minor victim can file a civil liability lawsuit in sexual abuse cases like this to recover damages, not only for any immediate therapy, but also counseling needs that are likely to come up in the future. The parents of this victim must consult with an experienced California sexual abuse lawyer as soon as possible to assess their options.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of sexual abuse. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The plane crash occurred in a South Carolina airport when Barker, DJ AM, and others were in a private jet and headed back to Los Angeles. According to reports, one or more of the plane tires burst as the plane was taxiing down the runway. The pilots aborted takeoff, and soon the plane had erupted into flames. DJ AM and Barker escaped by literally jumping through a huge fireball, and sliding down the plane’s wing. The two pilots died, as did Barker’s long time personal assistant, as well as his bodyguard.

DJ AM’s lawsuit names Clay Lacy Aviation, Global Exec Aviation, Inter Travel & Services, Goodyear and Learjet, all the aviation companies that were involved in the crash. It also names the estates of the dead pilots. It claims that the pilots knew at the time the plane was taxiing down the runway that the tires had blown out, and decided to abort take off. It claims, as does Barker’s lawsuit that the pilots were negligent in their actions, and this contributed to the crash. DJ AM is claiming pain and suffering, property damage, lost earnings, medical and health expenses both past as well as any future expenses, and punitive damages.

DJ AM’S lawsuit is the latest in a series of lawsuits that have resulted from the high profile plane crash. The mother of Barker’s bodyguard was also named in his lawsuit, and she claimed for funeral expenses, and lost wages. The wife of Barker’s long time PA Chris Baker has also filed a negligence and wrongful death lawsuit. She names the same companies that were named in the earlier lawsuit, as well as the estates of the pilots who died in the crash. She filed the lawsuit on behalf of herself and her son, claiming unspecified damages.

Barker, when he filed his lawsuit a few weeks ago was adamant that if the accident was caused by somebody’s fault, then they should be held accountable for it. His lawsuit only mentions the aviation companies for their defective plane, and does not name the pilots’ families, although it did blame them for their negligence and insufficient training. With DJ AM following closely behind to throw his weight behind legal action against the companies that were responsible for the accident, it’s clear that we can expect to hear more about this case in the days ahead.

It’s also clear that it’s not monetary compensation that these men are after. With cushy careers in the entertainment business, they don’t need compensatory damages, and it’s likely that any damages they win will be given to a charity. Barker himself has only claimed damages of $25,000, which is negligible for a case of this magnitude, and proves this point further. All they want is some accountability for the horrible aviation accident they went through.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of plane accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Virginia Graeme Baker Pool and Spa Safety Act is named after the 7-year-old granddaughter of former Secretary of State James A. Baker. The child died in a pool drowning accident when she got entangled in a spa drain in 2002. The Act requires swimming pools to have split drains instead of the single drains that older pools have. It also mandates drain covers for all public pools.

Part of the confusion with enforcing the rule in California seems to be the confusion over what constitutes a “public pool.” According to the Act, a “public pool” is any pool that is used by more than one family. That brings the total number of public pools in Riverside County alone to 7000, including pools in hotels, apartments, recreation clubs, and health and fitness clubs. There are a number of homeowner associations who are looking at the prospect of investing in the new spilt drains as well as drain covers. Older pools are fitted with single drains which are more dangerous because they can trap a human body – child or adult – while split drains are located a few feet from each other so the suction power is distributed over a number of drains, making them safer.

In the meantime, state officials say they won’t be enforcing any compliance inspections, until and unless the state passes its own version of the Act. However, pools that are scheduled to undergo renovations will have to comply with the new rules.

Besides, the fact that California still hasn’t enacted any kind of legislation to enforce the provisions of the Virginia Graeme Baker Pool and Spa Safety Act, there is also the problem of unavailable hardware to worry about. Many pools and spas in the state are still waiting for the drain covers, amid low supplies. It’s evident that there are many pool and spa owners in the state who would rather invest the $2500 in new split drains than face the likelihood of a swimming pool accident lawsuit. Even though state officers have said that they won’t be making inspections to check if California pools have been retrofitted with the safety covers, federal officers could inspect the pools, and impose penalties if these regulations are not met.

Drowning related to pool accidents is one of the leading causes of death among children below the age of 5. In fact, these are the second most common causes of death in children below five, second only to automobile accidents. Those are grim statistics, and should warrant enough concern to prevent them from ever happening, and yet across the country, 3000 children are rushed to emergency rooms every year after being involved in a pool accident. Where children are concerned, swimming pool accidents are entirely preventable, and almost all cases can be pointed to the negligence of an adult who should have been present at the scene.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of swimming pool accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The accident took place in September, when the boy, Tyler Fahy, was in his car with his mother Adrienne Colao at a parking lot. Siordia’s truck seems to have lost control, and barreled into the car, and then continued onwards to smash into at least seven other cars at the lot. The truck continued to drag the car across the lot. By the time the carnage ended, Tyler was dead from multiple traumatic injuries. His mother had suffered severe head and pelvic injuries. She spent weeks in a hospital, and has continued to battle health problems since the day of the truck accident that killed her son. She was recently admitted back into the hospital again, and has been struggling with physical rehabilitation and emotional counseling. She continues to use a wheelchair as a result of her injuries.

Coalo filed a lawsuit against Siordia, as well as the company that employed him, Century Roof Tile. Initially, a defective truck was suspected of having been responsible for the crash. Investigations have now concluded that the truck was in perfect working condition at the time of the accident. Investigating officers looked into the braking system to check for any signs of failure that could have explained why Siordia seemed unable to stop the truck as it barreled down the parking lot. There were no signs of malfunctioning or failure of any components in the truck. Siordia has instead been charged, and can expect to receive a sentence of up to one year in prison if convicted.

The Coalo lawyers, meanwhile, have expressed their intention of hiring private inspectors to inspect the truck again. Because Siodia was engaged in his duties as an employee of the company at the time of the truck accident, both he and his employer can be held liable for any accident that results.

The problem with obtaining damages in this lawsuit may lie with Century Tile’s accident insurance policy that had a policy limit of $1 million. At least one other woman has filed a lawsuit against the company for the injuries she suffered in the truck accident. That woman, April Bisgaard continues to need treatment for her injuries. Even with the kind of liability lawsuits that Century Tile is facing, plaintiffs may not be expected to receive as much as they need, because of the insurance policy limit. The injuries in this case have been severe, have required expensive and long-term treatment, and are projected to continue to require treatment in the days ahead. Proving the company’s liability might be the easy part here; actually receiving compensation for damages might be another matter altogether.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of truck accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.