When is the Pedestrian at Fault in a Pedestrian vs. Car Accident
Many people have heard the statement that “pedestrians always have the right-of-way.” This is not exactly true when it comes to accident liability. Motorists have a duty to look out for pedestrians and avoid accidents whenever possible. Pedestrians also have a duty to obey traffic signals, cross only at designated areas or intersections and use reasonable care. Pedestrians who fail to do so may be found liable for a car accident. Whether or not a pedestrian will be held liable will usually turn on whether or not the pedestrian was using reasonable care and whether the motorist could have avoided the accident. If a pedestrian is in the middle of the road but the driver could have avoided the accident by stopping on time if they had been watching the road, the pedestrian will likely not be found at fault. If the pedestrian darted out into the road and was wearing dark clothing at night while the driver did everything they could to avoid the accident like swerving and braking, the pedestrian will likely be found at fault. Pedestrians are required to use crosswalks whenever they are crossing the street if they are available. They may also cross at intersections while obeying traffic signals indicating when it is safe to cross. When pedestrians try to cross the road outside an intersection or a crosswalk, they risk causing a preventable accident. Drivers should always make sure to look and see if there is anyone waiting to cross the street near crosswalks and intersections. If a pedestrian was in a crosswalk when an accident occurred, then a defense stating they walked out into the road before the motorist was able to stop is unlikely to work. If a pedestrian is found at fault for an accident, they may be held responsible for the medical bills of all parties involved and other damages related to the accident. If the pedestrian is found partially at fault for the accident, the pedestrian may be able to sue the driver of the vehicle that hit them but have his or her award of damages reduced by the percentage the pedestrian is found at fault. Our pedestrian accident lawyers deal with these cases all the time where liability is not immediately clear. Our pedestrian accident attorneys may be able to assist injured car accident victims prove liability by interviewing witnesses and examining reports, photographs and other evidence from the scene. To speak to the best personal injury lawyer Los Angeles, contact Gutierrez Law for more information.
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Who is Liable for a Dog Bite, The Owners or Keepers?
When a dog bites someone, it can be a complicated situation. The person who was bitten should receive full compensation, and the person responsible for the dog bite should be held responsible. Determining who is actually responsible is the first step in this process. This could be a problem if the dog owner is a different person than the person keeping the dog. There is an answer to that problem, however. Who is Responsible? Normally the dog’s owner would be liable if their dog bit someone. There are some stipulations to this rule, however. If another person is the dog’s keeper, that person may be liable instead of the actual owner. The law actually states that the person keeping the dog is considered the owner, and not the person who the dog is registered to. If the dog has been in someone’s care for more than six days, they are then considered the owner of the dog. The courts are the ones who ultimately decide who is considered the dog’s keeper or owner. Usually, the person who cares for the dog has the dog living in their home, and have control over the dog is the person who is liable. If a person agrees to care for the dog for an extended period or is hired to take care of the dog, they are liable if the dog bites someone. Sometimes, even if you just let a person stay in your home who owns a dog, you may be liable if that dog bites someone. By agreeing to allow the dog to stay in your home for an extended period of time, you are essentially making yourself the keeper of the dog. In almost every case, the keeper of the dog is the person who is liable for a dog bite. Personal Injury Lawyer in Los Angeles If you have been bitten by a dog, you may need legal assistance to get financial compensation. A Los Angeles dog bite lawyer could help you begin the process and figure out who is liable for the dog bite. With the help of a Los Angeles dog bite attorney, you will get the compensation you deserve. Call us or send us a message today so we can talk about your case.
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Construction Hazards And Safety
Each day in the United States, 6.5 million people work construction jobs. Unfortunately, many injuries occur during their workdays. Whether being involved in a scaffolding or trench collapse, falling from a ladder, or sustaining injuries from defective equipment, workers face these and other hazards. To learn how to be safe on your construction job, here are more details about various hazards and how to make sure you make it home at the end of the day. Scaffolding With 2.3 million construction workers spending part of their workday on scaffolding, it’s no wonder a construction injury attorney deals with many clients who are injured in these situations. In fact, scaffolding-related injuries account for 4,500 injuries annually, along with 50 deaths. To ensure your safety, always make sure the scaffolding is erected on solid ground, has guardrails and toeboards, and is inspected on a regular basis. Fall Protection Of all accidents occurring at construction sites, falls account for the most fatalities. Reasons for this can vary, and include failure to use fall protection equipment such as body harnesses, unstable work surfaces, and human error. To stay safe when working far above ground, use body harnesses that have been inspected and deemed safe. Along with this, use aerial lifts when possible, and also erect guardrail systems. If you have been injured due to a fall that happened because of defective safety equipment or other factors, contact a construction accident lawyer at once. Trenches Sadly, every year many construction workers are killed due to being in trenches that collapse. In most instances, this happens due to the trench failing to have protective walls, employees having no exits such as ladders or ramps, or trenches that have dangerous slope levels. To make sure you are not the victim of a trench collapse, never enter an unprotected trench, always have an exit, and make sure trenches are regularly inspected by engineers, especially after rainstorms. If you or a loved one have been involved in a trench collapse due to the negligence of others, contact a personal injury attorney in Los Angeles, such as Oscar Gutierrez. Rather than suffer with injuries sustained due to the negligence of others, schedule a free case consultation with a construction injury lawyer Los Angeles residents know and trust, such as Oscar Gutierrez. By doing so, you can take the steps necessary to gain the financial compensation you need and deserve.
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5 Signs of Elder Abuse in Nursing Homes
We trust that when our family members have been placed in nursing homes or other facilities in or around Los Angeles, they are being treated and cared for responsibly. Unfortunately, administrators, doctors, nurses and employees of such facilities sometimes fail to comply with the applicable standards of care. The U.S. Senate Special Committee on Aging estimates that three to five percent of the elderly people in the country have suffered nursing home neglect. or abuse. Given the aging of the baby boomers, that estimate is expected to increase significantly. If you have a family member in a nursing home or extended care facility, here are five forms of abuse that you need to be aware of. Signs of Physical Abuse Cuts, bruises and fractures are all objective signs of physical injury. What comes to issue is how those injuries were suffered. If the reason for such injuries is unknown, or outright unbelievable, you’ll want to consult with one of our elder abuse attorneys in our offices. Bedsores Bedsores are nearly completely preventable. They’re likely a sign that your family member is staying in the same position for protracted periods of time. Whoever is assigned to your family member isn’t paying sufficient attention to him or her. That might be intentional or unintentional, but in either case, it is considered neglect. Emotional Abuse If your loved one shows apathy, nervousness, fear or a poor relationship with staff, he or she might be experiencing emotional abuse. This type of abuse can consist of physical and verbal insults, threats or intimidation. Speak with one of our elder abuse lawyers at our office if you suspect emotional abuse. Rapid Weight Loss This is usually a clear sign of neglect or abuse. You should expect your family member to either keep their weight or even gain a bit. Rapid weight loss raises genuine questions on proper patient care. Speak with our elder abuse lawyers in Los Angeles about nursing home abuse or neglect right away. Financial Exploitation Missing money, unpaid bills and significant changes in estate plans all raise questions as to financial exploitation of an elderly person. Some elderly individuals are at high risk of being exploited financially. Monitor the money. If you believe that your family member is being abused in a nursing home, contact our personal injury lawyer in Los Angeles. We’ll listen to you carefully and advise you of your legal options.
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The Difference Between Simple Assault And Aggravated Assault
An Overview of Assault Assault is often defined as the act of causing someone to fear that they may be physically harmed. Assault is a crime. Even if the person did not physically cause harm to another person, the fact that they intimidated the person is worthy of arrest. Police officers are able to arrest the person before they have a chance to do physical harm to the person. What’s the Difference Between Assault and Battery? In the past, assault and battery were considered two different crimes. Battery was defined as completed assault. Most laws do not distinguish between the two. That is why you will often hear the terms assault and battery used together. What’s the Difference Between Simple Assault and Aggravated Assault? Many states will distinguish between simple and aggravated assault. Aggravated assault occurs when a person uses a weapon to commit the assault. They can also be charged with an aggravated assault if they intend to commit rape or another crime. Here is an example of an aggravated assault. A woman is walking alone at night. A man approaches her, attacks her and attempt to drag her in the bushes. He starts to take off her clothes. Fortunately, the woman is able to throw a rock at the man and get away. The man can be charged with aggravated assault because he intended to rape the woman. Words Don’t Count as Assault A person can threaten you, but it probably will not be considered assault. Many people make threats without carrying them out. However, some people may be charged with a crime if they make threats. Contact an Assault and Battery Lawyer You need an assault and battery attorney in Los Angeles if you have been hurt by another person. A personal injury lawyer in Los Angeles will explain all of the laws. They can also tell you about the different options that you have and how to proceed accordingly.
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How to Avoid a Bicycle Accident and What to do if you are Involved in an Accident
Bicycling is a necessity for some, and an enjoyable pastime for others. No matter which category you fall into, bicycling can be dangerous. As a bicyclist, you must be hyper aware of what is going on around you. You must follow safety protocols as well as anticipate other’s actions in order to protect yourself. Below we have compiled a few tips to follow for bicycle safety. These tips can help cyclists avoid accidents, and protect themselves in the event of an accident. We will also discuss what you should do if you are involved in an accident, and if you should seek representation from a bicycle accident lawyer. Avoid High-Risk Situations One of the best ways to avoid an accident is to avoid riding in high traffic areas at peak times. A knowledgeable bicycle accident attorney in Los Angeles warns that high traffic areas are where many bicycle accidents occur. The best way to avoid an accident is to stay away from those areas. Be an “Educated” Cyclist Of course, bicycle accidents can, and do, happen any time in any area. You should always be an educated cyclist. That means, know local laws, exercise extra care if you are in unfamiliar surroundings. Plan your route ahead of time to minimize the chance of getting lost. Carry a GPS enabled device, in case you do lose your way. Ensure That You are Highly Visible to Motorists Visibility is especially important at night, but it also matters during the daylight. Make sure your bicycle is equipped with adequate reflective materials so that automobiles will be able to see you better. Also, do not wear dark clothing that may make you more difficult to see. Many accidents occur because the motorist can not see the bicyclist. Make Sure That Your Senses are Not Dulled The most obvious case of dulled senses is bicycling under the influence of drugs and alcohol. These materials impair your judgment and your senses. You can not bicycle safely when you are under the influence. Period. If you or a loved one is or was injured in a bicycling accident you should know your rights and contact the best personal injury attorney Los Angeles has to offer. A good personal injury attorney will fight for your rights and help you recover after a bicycling accident.
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The Dangers of T-Bone Accidents
When the front end of one vehicle impacts with the side of another vehicle, that’s known as a broadside crash. These types of crashes are also commonly known as T-bone crashes. They’re some of the most dangerous motor vehicle accidents that drivers and passengers can be involved in. Severe Injuries Can Result T-bones almost always occur in intersections after a driver disregards a traffic signal, stop sign or otherwise doesn’t yield the right-of-way when turning left or pulling out into the flow of traffic. Oscar Gutierrez is a Personal injury attorney Los Angeles has to offer. He’s well aware of the fact of the severe injuries that can result from broadside crashes. The Lack of Side Protection Nearly all of the safety features that are built into motor vehicles contemplate front-end collisions. Beyond a window and a door, few vehicles offer protection from side impacts. That lack of side protection leaves drivers and passengers highly vulnerable to injuries. A person on the side of a vehicle that is broadsided is far more likely to suffer severe injuries than drivers or passengers who are involved in front or rear-end collisions. The Second Impact At higher speeds, broadside accidents often cause a vehicle to spin completely out of control into oncoming traffic. That can result in a second or even a third impact with another vehicle or stationary object. It’s not unusual for these types of crashes to result in vehicle rollovers. Given the complexities of these cases, you’ll want to retain a Los Angeles car accident lawyer to protect and aggressively advance your best interests. Common T-bone Injuries In a broadside crash, people who are on the side of the vehicle where the impact occurs are more likely to suffer severe injuries. That’s because the force of the impact that is absorbed is significantly greater for them than a passenger on the other side of the vehicle. Some common injuries resulting from these crashes follow: -Traumatic brain and spinal cord injuries. -Disc and nerve damage to the neck and back. -Fractures and dislocations. -Pelvic injuries. -Damage to joints like the shoulders, knees and ankles. T-bone accidents involve complex personal injury claims and litigation. Speak with a
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Damages Recoverable After Pedestrian Accidents
Damages Recoverable After Pedestrian Accidents As per the most recent available numbers from the National Highway Transportation Safety Administration, 5,987 pedestrians were killed in traffic accidents in 2016. That comes out to about one pedestrian accident fatality every 90 minutes. About 130,000 other pedestrians who were hit by motor vehicles were treated in emergency rooms across the country. About 75 percent of those fatalities occurred after sundown. Pedestrians are about 1.5 times more likely to be killed in a passenger vehicle accident than the occupants of those passenger vehicles. After all, pedestrians are virtually exposed and unprotected in the event of an accident. If a pedestrian is lucky enough to survive being hit by a motor vehicle, he or she might be eligible for an award of personal injury damages. For purposes of maximizing those damages, an experienced, aggressive and effective law firm consisting of pedestrian accident attorneys will be needed. Here are some of the damages that might be recoverable in a pedestrian accident: Past medical bills and medical bills reasonably expected to be incurred in the future. Past lost earnings and lost earnings reasonably expected to be lost in the future. Any permanent disfigurement. Any permanent disability. Pain and suffering. Loss of a normal life. In the event of a wrongful death, other damages including funeral and burial costs. If you or somebody close to you was seriously injured in a pedestrian accident, you’ll want to meet with the pedestrian accident lawyers at our offices. Call us, or use our online contact form to ask for a free consultation and case evaluation. You’ll then have the opportunity to meet with the best personal injury attorney Los Angeles
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