Welcome to the HGB Law Blog. Thoughts shared here do not constitute legal advice.

Credit Card Processing — Entrepreneurs take Legal Action

October 21, 2011

The credit card is the beating heart of the “payment card” industry (PCI), which denotes credit, debit, prepaid, e-purse, ATM and POS cards, along with associated businesses.

And it’s a really big heart.  Total U.S. revolving debt (98 percent of which is made up of credit card debt) amounted to $793.1 billion, as of May 2011 (Source: Federal Reserve’s G.19 report on consumer credit, July 2011)

Credit cards are also the business of business.  Credit cards are now the most common source of financing for America’s small-business owners. (Source: National Small Business Association survey, 2008)

Forty-four percent of small-business owners identified credit cards as a source of financing that their company had used in the previous 12 months — more than any other source of financing, including business earnings.  In comparison, only 16 percent of small-businesses owners in 1993 identified credit cards as a source of funding they had used in the preceding 12 months.

Fraud is, of course, the major problem with credit card abuse.  Some of the most prevalent illegal activities include:

  • Skimming — swiping a credit card into a device such as a PDA or cell phone.
  • Spoofing/Phishing — website designed make a cardholder believe it to be a legitimate business.
  • Bank/Processor Fraud — employee criminal activity.
  • Cardholder Fraud — a legitimate cardholder purchases a good or service and then files a dispute claiming he or she never received the goods or services for the transaction.
  • Number Generators — simple software runs small dollar transactions with stolen cc numbers looking for approvals to confirm a “real” card that can be use to make large purchases on the Web.
  • Stolen Cards — thieves steal the cards from the card manufacturers, mail, purses, wallets, etc.
  • Altered Cards — an altered card refers to a regular issued credit card that has had identifying parts of it altered
  • Fake cards — harder to identify than counterfeit currency because technology has made it so that criminals can produce very legitimate looking cards and then emboss and encode them with a stolen credit card’s information.
  • Hackers — focusing on individual e-commerce websites searching for “a way in” in order to access customer cc numbers.
  • International — the vast majority of fraud with credit cards in the United States comes from overseas.

Entrepreneurs Sue

The credit card processing industry itself has become almost an entrepreneurial field in which disputes often arise among acquiring banks, independent sales organizations and sales agents over employment law issues or claims of business interference.  Litigation results from conflicts surrounding nonpayment, charge-backs, reserve accounts, breach of contract actions and more.

Hornberger & Brewer is one of the few law firms in the country whose attorneys have an extensive track record representing businesses in the credit card processing industry.

We have developed an affinity for this field and have consequently become successful in litigating disputes because of our thorough knowledge of the players, roles and issues unique to credit card processing.  Our representation of some key players in the payment processing industry of Southern California has enhanced our reputation for successful representation in credit card disputes and breach of contract actions.  Our business litigation expertise is a natural complement to these types of cases.  We have the resources and capability to create a cohesive and persuasive case which is easily understood by arbitrators, judges and juries.

Contact HGB Law for more information on how we can help you with any credit card processing industry disputes.

business litigation, Credit Card Dispute, General Articles | Tagged , , ,

Federal Government Civil Forfeiture Plays Key Role in Cross-Border Litigation

October 14, 2011

U.S. government civil forfeiture of foreign assets is in the news:

  • The United States is blocking $30 billion in Libyan government assets since President Obama announced his executive order imposing unilateral sanctions against Col. Muammar el-Qaddafi and his family. It is the largest amount of foreign assets ever seized in an American sanctions action.
  • As a suspected kleptocrat, Tunisia’s Former President Zine al-Abidine Ben Ali could be the target of asset forfeiture, not just in the U.S. but globally, as well.  Earlier this year, Reuters reported that Ben Ali’s family is thought to have possibly diverted $66 million in gold from Tunisia to Switzerland.

But forfeiture targets are not always as recognizably iniquitous as Qaddafi or al-Abidine, so when the massive power of the U.S. government is brought to bear against foreign asset holders, these people have a right to reliable legal representation.

Attorneys at Hornberger & Brewer handle cases in which the United States government has seized foreign assets, thereby depriving the asset holder of the asset.  We can file and litigate claims against the government to release the asset from seizure.

Understanding Asset Forfeiture

Asset forfeiture is confiscation, by the state, of assets which are either:

(a) the alleged proceeds of crime, or

(b) the alleged instrumentalities of crime, and more recently, alleged terrorism.

Instrumentalities of crime are property that was allegedly used to facilitate crime, for example, cars allegedly used to transport illegal narcotics. The terminology used in different jurisdictions varies.  Some jurisdictions use the term “confiscation” instead of forfeiture.

There are two types of forfeiture cases–criminal and civil.  Criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender.

Almost all forfeiture cases practiced today are civil.  Since the government can choose the type of case, a civil case is almost always chosen.  In civil forfeiture cases, the U.S. government sues the item of property, not the person–the owner is effectively a third party claimant.  Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove on a “preponderance of the evidence” that it is not.  The owner need not be judged guilty of any crime.

The costs of such cases is high for the owner, usually totaling around $10,000 and can take up to three years.

Forfeiture Law for Foreigners at the Federal Level

The “Preserving Foreign Criminal Assets for Forfeiture Act of 2010″ amended federal forfeiture law regarding the enforcement of a foreign judgment to allow the U.S. government to apply for, and a U.S. district court to issue, a restraining order to preserve the availability of property located in the United States that is subject to civil or criminal forfeiture under foreign law, at any time before or after the initiation of forfeiture proceedings by a foreign nation. Prior law allowed a restraining order before or after the United States files an application on behalf of a foreign nation seeking to enforce a foreign forfeiture or confiscation judgment.

In July 2010, a federal appeals court in Washington refused to expand the U.S. Justice Department’s ability to restrain assets in the United States based solely on a foreign official’s allegation of a violation of the laws of a foreign country.

Three judges of the U.S. Court of Appeals for the D.C. Circuit unanimously ruled against the government’s interpretation of a forfeiture provision that was part of the Patriot Act of 2001.

DOJ attorneys wanted to freeze assets of individuals, including Brazilian financier Daniel Dantas, and entities that include the Opportunity Fund and Tiger Eye Investments.  At the request of Brazilian officials, the Justice Department in 2008 and again in 2009 filed applications in federal district court in Washington seeking to restrain hundreds of millions of dollars.

If justice is to be served in cases of forfeiture of foreign assets, then the asset holders deserve legal representation at the highest levels–HGB Law.

Cross-Border Litigation, General Articles | Tagged , , , , ,

Got the Eminent Domain Blues? We Can Help.

October 4, 2011

Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use.

If you have ever encountered the exercise of eminent domain against your business property, you understand just how difficult life can become when the government decides to acquire private land for a public use even if you — the owner — do not want to sell.

Even if you’ve never personally experienced this highly invasive legal procedure, if you own property you need to be aware of how this law could some day possibly impact you in a decidedly negative way.

In recent decades there has been growing concern about the manner in which some states and units of government exercise their power of eminent domain. Some governments appear inclined to exercise eminent domain for the benefit of developers or commercial interests, on the basis that anything that increases the value of a given tract of land is a sufficient public use. Critics respond that this supposition is absurd, and that there are few properties, no matter how upscale, which could not be made more valuable if developed in a different manner.

An example of how California property owners can be vulnerable in eminent domain proceedings took place recently in Tehama County, which lies approximately midway between Sacramento and the Oregon border. According to a Red Bluff Daily News article, “Eminent domain grants access in Tehama County,” the realignment of Bowman Road and the replacement of South Fork Cottonwood Creek are moving forward, and the County is reaching deals with the impacted property owners–but only after the commencement of eminent domain proceedings.

Property owners typically are required to respond to an eminent domain complaint 30 days after being served. If no answer is filed, a default can be taken, and the property owner will usually be stuck with the public agency’s appraised value for the taking, and will need to undertake some effort to obtain the proceeds (which are typically deposited with the State Treasurer or the clerk of the court).

One property owner is granting Tehama County a permanent easement and a temporary construction easement for $2,500, and another owner has reached a deal at $50,000. On top of the monetary compensation, the County has agreed to create a driveway encroachment to provide improved access to the property.

But two properties still remain in eminent domain proceedings, and for one owner who has not responded to the complaint it appears a default may be taken. Not responding is the equivalent of surrender.

At Hornberger & Brewer, we fight to prevent such outcomes. We forcefully pursue vindication of our clients’ rights when their property is threatened by eminent domain or building condemnation challenges.

We have developed a reputation of effectively fighting for appropriate compensation in eminent domain proceedings. We can assert appropriate private property rights in litigation. A displaced business may have value in fixtures and equipment, relocation and the loss of goodwill. For example, moving a theme restaurant involves more than market value — the goodwill conferred by the former location has a monetary value.

If your property is subject to eminent domain proceedings, we at Hornberger & Brewer have developed a practice specialty of obtaining appropriate compensation for people in your situation. Our effective approach will make sure that the governmental entity complies with the law, meets its duties and obligations, and compensates you fairly.

Business Law, Los Angeles Attorneys | Tagged , ,

Avoid a Wrongful Termination Lawsuit: Legally Terminate Employees

September 22, 2011

Feeling the heat of the economic climate?  If your business has resorted to layoffs or may soon scale back operations, you may be at an increased risk for wrongful termination lawsuits.  Hundreds of employment lawsuits are filed each week, and with employees winning two-thirds of all cases, small businesses are on the losing side.  The average compensatory award in federal court employment cases is nearly a half-million dollars, not including punitive damages or attorney fees.  Even settling a lawsuit can cost over $300,000.  Can your business afford such a pricey payout?

To protect your business and get a good start toward a legal termination, first identify the grounds for employee dismissal, and ensure those grounds are well documented in writing.  (Never forget this cardinal rule to document everything in writing, including performance reviews and performance issues!)  There are three common grounds for releasing an employee, each with its own procedures that should be followed leading up to termination.  Those grounds are redundancy, misconduct, and poor performance.

In redundancy, an employee’s position is no longer required due to a diminished role or a surplus of labor, perhaps caused by an organization restructuring.  Although it may be tempting to use restructuring as an excuse to terminate a problem employee, don’t!  It may look like a calculated effort to force the termination.  Always be sure the redundancy is genuine and justifiable with documentation, such as cost-cutting exercises or falling sales.

Employee misconduct is typically a straightforward issue.  In all cases of known or suspected misconduct, the offending employee should be given a chance to explain the misconduct.  There might be a misunderstanding or a valid reason for the perceived misbehavior.  Cases of clear and severe misconduct, such as security footage showing an employee committing theft, or an employee who admits to punching a coworker, provide more solid grounds for termination.  Less clear or severe cases may not warrant dismissal, and may instead require appropriate disciplinary action.

Poor performance is the most common reason for termination, and by its subjective nature, can also be the most difficult to support.  Numerous steps should be taken before an employee is let go for underperforming.  First, the employee should be notified that the job performance is not meeting expectations.  This should be a detailed notification, quantified if possible, such as citing the employee’s dwindling sales figures, missed deadlines, falling performance ratings, and so on.  Merely stating, “You’re not performing well enough” does not give the employee a concrete starting point and can get your business in trouble.  Second, the employee should be given the time and means to improve.  Try implementing a performance improvement plan that gives the employee performance indicators and objectives over the next few months.  After these steps, if an underperforming employee continues to flounder, termination is a viable option.

Even if every step leading to a termination is followed and documented, the most cautious employers may find themselves involved in an employment labor law dispute.  If that happens to you and your business, trust the professionals at Hornberger & Brewer to guide you through this trying time.  Our employment attorneys specialize in wrongful termination lawsuits and can help your business come out on top.  We’ll put our business litigation experience and thorough understanding of California state and federal employment law to work for you.

Looking for sound legal support from a skilled professional?  Contact us today to discuss your case.

Business Law, business litigation, Employment law, Wrongful Termination | Tagged , ,

The Most Dangerous Month to Drive is…?

September 15, 2011

September is the SECOND-deadliest month for vehicle-related deaths. What would you say is the deadliest month to drive?

December, when people hit the road for the holidays? Or maybe March, when Spring Break revelers flood the streets?

Would you ever guess August?

We didn’t think so. But 16 years of National Highway Traffic Safety Administration records show August is America’s deadliest month for car accidents. Of every 100 million miles traveled, August’s average fatality rate is 1.09. That means an average of 93 people die in vehicle accidents each sunny August day, which translates to one fatality every 16 minutes. Summer vacations are to blame, when more people take to the streets to drive more miles than they drive any other time of year. Summer afternoons are most dangerous, when streets are packed with commuters and vacationers. This reasoning also explains why September is the second-deadliest month for vehicle-related deaths, ranking just behind August with a 1.08 average fatality rate.

What can you do to protect yourself and your loved ones during these dangerous times to drive? Control your own driving as best you can, and be aware of potential hazards around you. These tips can help:

● Avoid distractions. While you’re driving, your social network can wait, so hands off the phone handset. (It’s the law, and you can be cited for fiddling with your phone—and officers will check your text message logs.) Even simple actions, such as changing the song on your iPod or reading a text message, force you to take your eyes off the road, if only for a second. If you think you’re better at multitasking than most drivers, think again: roughly 80 percent of auto accidents are caused by distracted drivers. That figure shows how critical that one second can be.

● Keep your hands on the wheel. Your hands-free phone provides extra incentive to keep your hands on the steering wheel, where they’re safest. The 9 o’clock and 3 o’clock positions give you the greatest control over your car and enable you to maneuver it quickly if trouble looms.

● Look ahead. Try not to fixate on the car directly in front of you. Instead, look several car lengths ahead to see how traffic is moving and to avoid unexpected road hazards. This will also reduce your chances of rear-ending the car in front of you should that car suddenly stop.

● Watch your blind spots. Blind spots didn’t get their name by accident, but neglecting those zones of obscured vision can certainly cause an accident. Changing lanes is a risky move on the road, so always check your blind spots and physically turn your head to look for cars next to you. Also be aware when you might be in another vehicle’s blind spot, particularly if you’re next to a truck or a bus, and try to minimize the time you spend there.

● Stay out of the fast lane. Just like blind spots, the far left lane is called the fast lane for a reason: most accidents occur there than in any other lane. The fast lane also offers fewer escape options if danger approaches your vehicle.

Though these tips will help minimize the chance of an auto accident, even the most cautious drivers may find themselves caught in a collision. An auto accident can be an upsetting experience, especially if you suffered injuries. You may be in pain and you may feel nervous or confused about what your next steps should be. To cut through the confusion, trust the auto accident attorneys at Hornberger & Brewer.

Our professional staff will guide you through this delicate time and will work hard with the insurance companies to earn the compensation you deserve.

You don’t have to fight alone!

For more information about how Orange County’s premier auto accident lawyers can help with your case, or to schedule a consultation, visit the HGB Law website.

Auto Accident, Personal Injury, Wrongful Death | Tagged , , , ,

Protect Yourself from ATM Fraud

September 7, 2011

It was September of 1969: the summer of man’s first moonwalk, the summer of Woodstock, and the summer of America’s first automated teller machine, or ATM, which debuted in New York City.  Today, more than two million ATMs are featured worldwide, from tropical Thailand to icy Antarctica, and even on cruise ships in the middle of the sea.  With money so easily accessible, it’s hard to imagine a time when we had to go inside a bank to withdraw the weekend’s spending money, and with our Friday paycheck, because the banks were closed Saturday and Sunday.

In this way, ATMs quickly revolutionized the banking industry—and just as quickly became targets for criminals.

Just as automated banking evolved, financial crime evolved with it.  From humble beginnings of card theft and shoulder-surfing for personal identification numbers, by the early ’90s, thieves were using fake ATMs to steal customer information.  Thieves have even been known to buy legitimate, working ATMs for the sole purpose of stealing customer information.  But ATM fraud doesn’t have to involve the entire machine.  Thieves have been known to attach hidden cameras, false card readers, or entire false fronts to standard machines in an attempt to steal customer account numbers and PINs.  Information collected through “skimming” off these legitimate transactions is then wirelessly transmitted to the thieves, waiting in the wings.  The thieves can then use this information to create a legitimate-looking debit card.  This then creates an unpleasant surprise for you come your weekend withdrawal, only to find your account empty!

Armed with the right information, you can save your weekends and minimize your risk of falling victim to ATM fraud.

●       Don’t use an ATM if a suspicious person is lingering nearby.

●       If an ATM looks strange or tampered with in any way, don’t use it.  Lower your risk by using the same ATM as often as possible, so you can recognize any changes to the device.

●       When entering your PIN at an ATM or point-of-sale device, shield your hand from view.

●       Never write your PIN on your debit card or on a card in your wallet or purse—memorize it.

●       Don’t use a PIN easily guessable by thieves, such as your birthdate, phone number, house number, or 1-2-3-4.

●       Don’t leave ATM receipts in the machine.  Take them and use them to reconcile your monthly statement.  At the end of the month, shred and carefully dispose of receipts.

●       Cut up and carefully dispose of old debit cards once you receive a replacement.

●       Never give out your account number or PIN over the phone or through an e-mail.  Requests for such information may be phishing scams designed to part you from your personal information and your money.

Despite your best efforts to protect your financial data, you may become a victim of an ATM scam or identity fraud. If your debit card information has been misused, Hornberger & Brewer can help you get back on your feet.  Our talented identity theft attorneys will fight for your financial rights and the integrity of your good name.  Visit our website for more information or to contact us for a consultation.

General Articles | Tagged , , ,

Crafting Remedies for Breach of Contract

August 25, 2011

Nobody wants to enter a relationship expecting it to fail.  It’s easier to believe both parties will perform in good faith, as expected and with integrity.  At the exciting start of a relationship, the last thing on anyone’s mind is what would happen if someone failed to live up to their part of the bargain.  Such thoughts are unpleasant and can set up an air of mistrust.  But the future must always be considered.

As in romantic relationships, business relationships aren’t predestined to work out.  And where a prenuptial agreement protects the parties in a marriage, a contract protects the parties in a business arrangement.  Part of that contract should outline remedies in the face of a contract breach.

Although the law is clear on what constitutes a breach of contract, using the contract to specify remedies for breaches has several benefits.

  • First, the remedies will be clearly outlined and not left to a court’s interpretation.
  • Second, the remedies will be specific to the goods or services offered.
  • Third, the remedies may offer more flexibility than the legal standard.

For instance, if the contract defines a 30-day payment term, and payment is received at 45 days, it’s clear the contract has been breached, but this does not need to result in contract termination.  Instead, under a remedy built into the contract, the payment recipient could impose a late fee and choose to continue the contract.  Risk is also mitigated because the consequence of a breach is clear in advance.  Should a breach occur, each party knows what the resulting damages will be, and the contract does not have to be delayed or terminated.

Even if the contract outlines specific remedies for breaches, contract termination may occur as a last resort.  If this happens to you, you’ll want a skilled business litigation attorney on your side.  As California trial lawyers, we at Hornberger & Brewer have litigated all types of business disputes in our decades of practice.

Our proven track record of effective representation, as well as our $20 million verdicts on several breach of contract cases, has cemented our reputation as some of the finest trial lawyers in Los Angeles and Orange Counties.

Our reputation is an asset to your case in all forums, including mediation and arbitration, and often leads to better settlement offers.

For more information about how the trial lawyers at Hornberger & Brewer can fight your business and commercial litigation battles, contact us for a consultation.

breach of contract, Business Law, business litigation, contract law, General Articles, Los Angeles Attorneys | Tagged , , ,

Auto Accident? Watch Your Words

August 18, 2011

Even the words “auto accident” can conjure images of devastation and feelings of fear.  They may even cause feelings of anxiety for recent accident victims.

Personal injuries, vehicle damage, and the element of surprise can all cause frazzled nerves and racing minds, which often leave victims in a stupor, unsure what to say or do next.  In the aftermath of an auto accident, when many victims lack clear thought, it can be easy to inadvertently say something that could harm an insurance or personal injury claim.

That’s why it’s important to watch your words should you find yourself involved in an auto accident.  Remember that when in doubt, it’s better to say too little than too much.  Know the common mistakes victims make on the scene and what you can do to avoid them.

  • Do not admit fault.  Even if you believe you caused the accident, never admit fault.  You may only think you caused an accident that was legally not your fault!  Determining liability is a complex process the insurance companies will make based on all the evidence and circumstances surrounding the collision.  Admitting fault can only work against you.
  • Do not say you’re uninjured.  Injuries, especially soft-tissue damage, often take time to manifest.  If you have suffered such injuries, you may not feel pain until several days after the accident.  Instead of saying you’re fine or uninjured, you should say you’re not sure how severe your injuries are and that you will need to follow up with a doctor—and do just that.  Visit the doctor as soon as possible after the accident, ideally the same day or absolutely the following day, and be vigilant about any follow-up appointments.
  • Do not give your opinions.  When giving information about the collision, stick to the facts as you remember them.  If you do not know or remember all the facts, make sure to say that, too.  If you state opinions or beliefs about the situation, the insurance companies are liable to hold those against you as if they were facts.

Even the most cautious drivers can suddenly find themselves involved in a collision.  If you’ve been the victim of an auto accident, the auto accident attorneys at Hornberger & Brewer have years of experience on their side to manage your unique case.  Our professional staff will fight for your rights and will work hard to earn you the compensation you deserve.

Trust Hornberger & Brewer to ease you through this stressful time and help you come out on top.  For more information, click here to visit our website.

Auto Accident, auto insurance, General Articles, Personal Injury | Tagged , , ,

Does It Pay to Be a Good Samaritan?

August 8, 2011

For Ohio friends David Kelley and Mark Kinkaid, that warm and fuzzy feeling of saving a life wasn’t enough—they now want monetary compensation from the woman they saved from a burning SUV. Sound heartless? What if these rescuers suffered permanent and disabling injuries for their heroism, including lungs damaged so badly, one man can’t carry a laundry basket upstairs? Still sound selfish? Listen closer. What if these Good Samaritans suffered such debilitating injuries to save a woman who was trying to commit suicide?

Indeed, that March day in 2009, Theresa Tanner drove off the road in an attempt to end her life. Before long, flames engulfed her SUV with her still inside, screaming for help. Kelley and Kinkaid braved barbed wire, heavy brush, and a steep embankment to reach the flaming SUV. Kelley says the image he saw still haunts him: “The flames were so hot when we got to her that her hair was melting to her head—melting. There isn’t hardly a night that goes by that I don’t wake up in a sweat, that image in my mind.”

Despite the gruesome scene, the men sprang into action. They broke windows and forced open doors to pull Tanner free, fighting heat so intense that it burned hair from Kelley’s body and melted the cell phone in his pocket. Kelley was so overcome by smoke that Kinkaid had to carry Tanner to safety. Tanner survived with critical injuries, and spent weeks recovering at a local hospital.

This heroic rescue took place in 2009, so why a lawsuit in 2011? Until recently, Kelley and Kinkaid believed they had saved an accident victim, not a suicide victim. That belief was why Kelley, a 39-year-old father of five and former self-employed contractor, was willing to endure the mounting medical bills and debilitating injuries, despite having no medical insurance. Only recently did he learn he had given so much for a woman whose auto accident was no accident at all. Then he and Kinkaid filed their lawsuit.

According to the law, Kelley and Kinkaid may have a good case under a federally recognized tort law called “The Rescue Doctrine.” This doctrine says that if the person in need of rescue acted recklessly or negligently, so as to create real danger, that person’s rescuers could be entitled to damages if they acted reasonably and could prove their injuries.

Despite his severe personal injuries and a looming legal battle, Kelley doesn’t regret his actions of that fateful day. He says, “If it happened all over again today, I would still stop and get the person out of the vehicle. A life’s a life, you know.”

General Articles, Good Samaritan law, Personal Injury, tort law | Tagged , , , , ,

Avoid an Auto Accident: Help Your Car Beat the Summer Heat

August 1, 2011

We’ve all seen them on the road with us: limping or disabled cars with white smoke pouring out of the hood—cars that have fallen victim to the summer sun. Overheating is a leading cause of summer car trouble. Sometimes overheating cars are able to crawl to the roadside, but often they’re stalled at stoplights or in the middle of the street, creating a safety hazard for other drivers. Disabled cars cause thousands of debilitating auto accidents each year.

How can you protect yourself and other drivers from the dangers of an overheating car? A few steps of prevention can keep you safely driving for miles. Follow these tips from the auto accident attorneys at Hornberger & Brewer:

  • Watch your car’s temperature gauge. If the needle starts creeping toward the red, your car may be in danger of overheating. This is the time to be especially cautious of how you treat your car!
  • Go easy on the engine. Try not to tear out from stoplights and try to drive at a steady rate, which will place less stress on the engine.
  • Use the AC sparingly. We know summer can be uncomfortable, especially during long car trips, but blasting the air conditioning can quickly cause your car to overheat. Try running the AC on a low level or running it on high until you feel cool, then turning it off and repeating the process as needed.
  • Water is not coolant. Water can also harm your radiator. So be kind to your car and don’t use water in place of coolant unless you’re experiencing a fluids emergency.

If you’re on the road and you think your car is overheating, keep a cool head by:

  • Pulling over right away. Don’t get stuck in the middle of the street, where you’re at the greatest risk to yourself and others. Turn on your hazard lights and if you have a roadside assistance program, call for help.
  • Cranking up the heater. It may seem counterintuitive, but just as air conditioning can overheat your car, running the heater can cool it down. After all, the heater works by drawing heat away from the engine and pumping it into the cabin.
  • Exercising caution under the hood. If you feel comfortable enough to check out your car’s radiator, be careful! Even if the engine is cool, plenty of heat can lurk under the radiator cap, which can spray you as super-heated liquid. Always be careful, work slowly, and protect your hands and face.

On the hottest of summer days, even the most vigilant drivers may be unable to keep their cars from overheating. If you’re involved in an auto accident while your car is disabled, you may not be at fault, and you may be entitled to damages. The auto accident lawyers at Hornberger & Brewer can answer your questions and help get you on the road to recovery, especially if you’ve been injured in the accident. Don’t take the law into your own hands—let the hands of our experienced trial attorneys guide you through it. For more information about how we can help in your unique case, contact us.

Auto Accident | Tagged , , , , ,
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