Who is at Fault in a Pedestrian Accident?
In the event of being hit by a car, pedestrians are highly vulnerable and exposed to serious injuries, even at low speeds. When a pedestrian is hit by a vehicle in a crosswalk or when waiting for traffic to clear in a safety zone, he or she may be able to seek compensation for their injuries and damages through a personal injury claim or lawsuit.
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What To Do If You’re Involved in a Ride Sharing Accident
Ridesharing has become a very popular form of travel. Uber and Lyft are the two companies that have come to dominate the industry and most people use one or the other of these services. The principle of ridesharing is simple: make ordinary drivers into passenger carriers. Anyone with a license and a car can join the Uber or Lyft networks and offer their services to commuters. The ease with which individuals can become rideshare drivers has increased the risk of accidents. The cities in which people use Uber and Lyft the most have seen a jump in the number of car accidents over the last few years. You should be aware of this before you rideshare. You should also know that there are legal options if you are involved in an accident. What To Do if You’re Involved in a Rideshare Accident You should first ensure that everyone is okay. You should check yourself, fellow passengers, and the driver. You should then call emergency services. The dispatcher will send both an ambulance and the police. If you feel any physical pain or discomfort, you should not move until the emergency medical crew has arrived at the scene and checked you out. No matter the extent of your injury, you should have yourself examined by a physician. They will be able to see things inside your body that you cannot. They can also prescribe you medicines that will prevent the onset of any delayed symptoms that might emerge as a result of the accident. If you have been severely injured in a ridesharing accident, you may have to remain in the hospital for some time. As you recover, you may be approached by representatives of the rideshare company. Uber has a standing policy of offering victims of accidents involving their drivers up to a million dollar settlement. You should sign no document or accept any compensation until you have had an opportunity to consult with a ride sharing accident lawyer. Why You Need a Los Angeles RideSharing Accident Lawyer Your injuries and financial losses may be such that it is reasonable for you to accept the settlement offer made by the rideshare company. However, if the accident resulted in the kind of injury that will cause you long-term medical and financial problems, then you may need much more than $1 million. A ride sharing accident attorney can help you get compensation that is fair and adequate. If you have been in a ridesharing accident, you need a personal injury lawyer Los Angeles to represent you. Call us today for a free consultation.
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Assault and Battery Factors
In the legal world, assault and battery mean two very different circumstances. Unless you have a legal degree, it’s likely that you may not understand what they both mean. Today, we’re going to dive a bit deeper into understanding the variances between these two factors so that you can get a better idea of what each one means in the legal realm. Understanding The Definition Of Assault Assault is known as the legal intent to cause harm to another person. This threat of bodily harm doesn’t have to be acted upon in order for a person to be legally charged with assault of another person. The only thing that must be true is that the individual charged was demonstrating an ability to inflict harm on another person. This could be an instance like showing a gun and threatening to use it against a particular person. A personal injury lawyer Los Angeles will be able to tell you whether your case is of battery or assault. Now, it’s important to be clear that assault requires two factors from the person that is charged. The first is the element of intending to cause harm to another person. This could be something as simple as threatening words. When this is coupled with the second element, participating in some action that furthers the threat like showing a gun, the assault becomes fully enacted. A Los Angeles assault lawyers will not be able to charge a person based on one element, like words. However, when both elements have taken place, charges can be filled. Understanding The Definition of Battery Battery is the most commonly misunderstood word when it comes to assault. In fact, battery is what most people think of when they believe they’re talking about assault. Battery is physical contact with another person. While in many cases, this form of contact can be harmful, it doesn’t have to be. This type of battery contact could be simply spitting on another person or touching them inappropriately. An assault and battery lawyer Los Angeles will handle cases where a victim has been physically contacted by another person who first threatened assault. Hopefully, you’ve come to understand the actual differences between the terms assault and battery in the legal world. An assault lawyer in Los Angeles will typically handle the cases where a follow-through of battery didn’t happen. A battery lawyer will handle cases where the threatening was followed through and physical contact with the victim occurred.
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Swimming Pool Accident Liability
If you own a swimming pool, it can seem like a fun past time for you and your friends. However, it’s important to realize that a home swimming pool comes with a lot of liability. There are many swimming pool injuries that happen each day in the United States. Those injured parties can hire a personal injury lawyer Los Angeles to sue you for negligence. The amount of liability that a swimming pool injury lawyer can hold you responsible will depend on the specific setting of the pool. The laws are typically broken down into two different categories. These include private pools and public pools. Understanding the various levels of responsibility that are placed on the pool owner is a must to keep yourself or your business free from legal suits. Private Pools Private pools tend to have less responsibility on the part of the pool owner. A Los Angeles swimming pool injury attorney will build their case on the fact that the private pool owner didn’t provide a reasonable level of care. This could include not warning guests about dangers that are not obvious at first glance. This includes things like not mentioning a broken pool ladder or a pipe sticking out from under the water’s surface. Another caveat to the private pool is that the owner may provide proper supervision for children who are near the pool. It’s always a safe bet to invite parents to help supervise pool use. Also, pool owners should use necessary precautions like pool covers and fences to ensure that children cannot gain access to the pool when there is no adult supervision to be offered while they’re swimming. Public Pools When it comes to public pools, the level of responsibility drastically changes. Those public pool owners are held responsible for many standards of safety that those who own a private pool are not. Public pool owners must have lifeguards on duty to protect the safety of those swimming in the pool. In most states, the desired ratio is one lifeguard per 100 patrons to the pool. Public pool owners can prevent seeing a swimming pool accident attorney by having the right safety equipment on site and maintaining it. Just as with a private pool owner, public pool owners are also responsible for providing patrons with information about non-obvious dangers that could be potentially harmful to the patrons. Things like having a sign warning of no diving due to shallow waters can be extremely helpful in warning patrons.
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Can I Sue If My Child Was Injured At School?
Bruises and scrapes are a part of childhood. Children play, so they are bound to get injured at some point. Most injuries are not serious, and children can return to playing shortly after. However, in some cases, children can be seriously-injured. It is easier to handle an injury that occurs at home. Parents can take their children to the hospital. If they have their own health insurance plan, then they can use it to pay for the injury. However, some parents may be wondering how they should handle an injury that occurs outside of the home. For instance, many injuries occur at school. Often times, we get questions about parents wondering if they can sue the school if their child gets injured. Who Can Be Held Liable? Schools are supposed to provide a safe environment for children. While children are at school, people care for them in a way that is similar to the way that their parents do. They provide children with care and safety. If a school fails to take any of those precautions, then they may be considered negligent. However, it can be tricky to decide who pays for treatments. Does the School Have a Defense? This will depend on whether the school is public or private. If your child attends a public school, then you will need to report it to the school. You can sue the school directly if your child attends a private school. Did I Sign a Waiver? The school may have a defense if you signed a waiver. For example, if your child plays a sport, then you will have to sign a waiver saying that you understand all of the risks involved. You should check with a child injury lawyer Los Angeles to determine whether this waiver will hold up. What if My Child is Hurt Before or After School? The school will likely not be held liable if the incident occurs outside of school hours. What Types of Problems can Occur at School? Bullying Negligent Supervision School Bus Injuries Neglecting to Provide Medication Defective Equipment Sports Injuries Slip and Fall Asbestos School Shootings Call a Los Angeles Child Injury Attorney You will need to find a child injury lawyer near you if your child has been hurt at school. A personal injury lawyer Los Angeles can help you get compensated.
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What is a Mass Tort Case and Why Does it Matter?
Torts are civil wrongs. Although they might involve criminal acts, tort cases are heard in the civil courts as opposed to the criminal courts. A tort might be committed by a single individual or by a Fortune 500 company. They typically involve some type of personal injury, monetary loss or damage to personal or real property. As per our mass torts lawyer Los Angeles, here are three common examples of mass tort actions: Dangerous pharmaceutical drugs. Product liability claims like defective seat belt or air bag cases. Environmental torts when toxic chemicals are released into the air or water. Distinguishing Between Mass Torts and Class Actions Should a mass tort arise, our Los Angeles mass torts attorney will allege injuries and damages that have been suffered by many people. These typically turn on the law of negligence or the law of product liability. Although both types of cases involve multiple plaintiffs, mass tort actions aren’t to be confused with class actions. For example, in a class action lawsuit, multiple plaintiffs join into a single lawsuit against one or more defendants. For better or for worse, they achieve one single result. In mass tort cases, every plaintiff retains their own individual claim, each with their own individual damages. If they don’t settle, and they are successful in trial, each such plaintiff receives his or her own individual award. As per our personal injury lawyer Los Angeles, these awards are almost always exponentially higher than what a plaintiff might receive in a class action. Since information is shared in mass tort cases, they ordinarily proceed faster than class actions too. Simply having a large number of plaintiffs doesn’t allow you to file a mass tort action. You’re required to obtain permission from the courts. Here are the factors that a court will use to decide whether to allow a mass tort action: The number of plaintiffs. A large number of plaintiffs is more likely to be allowed to file on an alleged mass tort. Where the alleged victims reside and their proximity to each other. Whether the injuries or illnesses that the plaintiffs complain of are similar. Whether the claims carry one or more common threads. Mass tort litigation involves complex issues of law, proof and procedure. If you believe that you were the victim of a mass tort, you can arrange for a free consultation and case evaluation with mass torts attorney Los Angeles Oscar Gutierrez. After listening to you carefully and answering your questions, he will advise you of your full range of legal options.
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How are Truck Accidents Different from Other Accidents?
Los Angeles truck accident attorneys understand settling the aftermath of a truck accident is indeed different from an automobile accident involving standard passenger vehicles. This can be true of all commercial vehicle accidents, but it is especially true of collisions with 18-wheelers. No vehicle on the highway is a physical match for a big rig, which almost always results in serious personal injuries to multiple parties, including truck drivers. Accidents that occur on the open highway can be particularly bad and leave a massive path of destruction that can even endanger the surrounding area when dangerous chemicals are released from placarded tankers. All Los Angeles truck accident attorneys understand the potential problems, but having the right truck accident attorney Los Angeles handling the case is vital for any injured victim because these cases are always defended vigorously. Multiple Negligent Parties While it is true that many truck accidents are actually caused by a driver in a passenger vehicle, truck drivers are still often at fault for many collisions. The details of an accident can matter greatly even when the truck driver is only partially at fault. Driving errors are also not the only consideration in adjudicating a truck accident, and a truck accident lawyer Los Angeles can investigate whether the employing shipping company may have instructed the driver to violate the rules of the road regarding truck safety. While this is not necessarily the norm, there could easily be shared fault among the driver and the transportation company that has contracted the driver. Your truck accident attorney Los Angeles from Gutierrez Law Firm understands cases can become complicated easily, and the trucking company often dispatches an investigation team to the accident scene immediately hoping to lessen the total expense of all personal injury claims. Potential Damages One particular problem many accident victims face in California is being involved in a collision with an uninsured or underinsured driver, which often results in limited insurance coverage for financial compensation. However, this is not the case when truck accidents occur and the driver or company is largely at fault. Your truck accident lawyer Los Angeles knows California state law requires owner-operators and shipping companies to carry much more liability insurance than the typical automobile owner. Whole compensatory damages could very well be available to many injured victims, including those with fatal injuries, and punitive damages can be applied in some instances of gross negligence when a Los Angeles personal injury lawyer can prove the claim to a sympathetic jury. Contact Gutierrez Law Firm Always remember that truck accident claims are typically much more valuable than the injured victim realizes, and the attorney you choose can make a major difference. California residents involved in a truck accident should always call Los Angeles personal injury lawyer Gutierrez Law Firm for comprehensive representation and a maximum damage settlement.
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Is the Government Protected in a Premises Liability Lawsuit?
The details of a premises liability injury claim matter greatly in any case, and possibly even more so in a claim against a government entity. Government agencies and their employees do have a level of immunity in some instances, but the general laws regarding premises liability and personal injury still apply when claims are filed. These seemingly small issues can also have a major impact on a personal injury claim, and it is always vital to retain effective legal representation from a Los Angeles premises liability attorney who understands what to expect as a defense. General Premises Liability Claim Rules The same rules establishing responsibility for a personal injury apply to the government as well as private property owners or business managers. Your premises liability lawyer Los Angeles must prove the respondent had a duty of care and the respondent failed in that responsibility either by action or inaction. Once the general responsibility is proven, the next step will be determining if the claim was filed within time limitations and whether or not the government was immune from the claim. The amount of time allowed for a personal injury claim submitted to a government agency is much shorter than a standard injury claim, and cases can be summarily dismissed for not meeting the deadline. Additionally, the agency also has a response window that must expire before a lawsuit can be filed. When Immunity Applies While physical structure rules may apply in general, actions by employees that are performed as part of their job duties will typically exempt the employee from illegal action. Employees must intentionally go outside of their job requirements to deem the government responsible for an injury. Details are significant in determining liability, and your Los Angeles personal injury lawyer from Gutierrez Law will understand how to craft a case using applicable material case facts that could counter immunity claims from the government agency. Potential Damages Financial damages can also be different in a personal injury claim against the government. Standard compensation for medical bills and lost wages when they apply can be claimed, and general damages for pain-and-suffering are available as well. However, punitive damages are often not available for the typical premises liability injury claim. Contact an Experienced Premises Liability Attorney Los Angeles While personal injury claims can be submitted to a government agency without legal counsel, this rarely bodes well for the claimant. Always retain an experienced premises liability attorney like Gutierrez Law Firm who have a solid track record of results for their clients when dealing with the government.
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