Pedestrian Accidents: Who is Liable
When a person is hit by a car many people assume that the driver of the car is the one at fault for the accident. It is said that the pedestrian has the right of way, but this is not always the case in the court of law. In some cases, the pedestrian can be partly to blame for the accident. If a driver had an accident with a pedestrian, they should contact a car accident lawyer right away. They must file a car accident lawsuit in court. A hit and run lawyer in Los Angeles will look at the situation and the fault. In some cases, the pedestrian shares the liability for the accident. If a person was jaywalking or crossing outside of the crosswalk especially if they were not paying attention to traffic signals they may share the blame. A car accident lawyer will look at this and other facts. They will also take into consideration if the pedestrian was intoxicated and if they were walking along areas that are prohibited such as highways to causeway. If the pedestrian is even partly at fault there may be a car accident lawsuit that can be filed. Even if the pedestrian is found to be partly to blame for causing the accident the driver is often held at fault. State will look at the comparative negligence rule. They will adjust the amount of fault to each party involved in the accident. The injured person will receive less of a damage award based on the amount of fault they are found to be at for the accident. This can also be called modified comparative negligence. The injured party will be able to collect for damages if they are less than 50 percent to blame for the accident. A car accident attorney and a hit and run lawyer in Los Angeles can help determine the amount of guilt. There is also the contributory negligence rule that some states follow. According to this rule if a person is found to be at fault for contributing to any part of the accident they will not be able to file a claim against the other party. Both parties would be responsible for their own injuries as well as damages. They can go through their insurance company but not the insurance company of the other party. When a person is involved with a car accident with a pedestrian they should contact a lawyer right away. The driver may not be completely at fault for the accident and a lawyer can help them prove this.
Read moreDangers of Having an Aggressive Dog: Legally and Physically
Dogs are great at relieving built up stress in their owners but when negative instincts arise they can very likely become the root to a number of problems. Realistically, all dogs have the ability to behave aggressively at any moment but different factors can contribute to an unexpected out lashing. Some things that can bring about aggression include genetics, personality, socialization, dominance and overall, the current situation that is taking place. Signs of dominant behavior include staring, growling and snapping, the flaring of teeth, standing upright with peaked ears and low-range predator barking. It is important to always take special precautions when you are aware that you may have a dominant dog because he will likely attack without any type of warning. These type of dominant behaviors primarily take place in a male which is why getting your dog fixed will likely decrease any motives to attack. Training is also important. If you don’t want to have your dog trained professionally, it is very important to put in the effort to train him yourself. Any untrained dog has the potential to physically harm another dog, if not a human. Therefore, if your dog suddenly attacks after lashing out at another person or animal, you will personally be held accountable for his actions. Dogs that show extremely aggressive behavior towards a human or another animal can cause their owner to face the possibility of being sued for damages. In some cases, you may need a dog bite lawyer to keep your dog from facing the possibility of being euthanized. A dog bite lawyer helps fight for your legal right to be compensated if an unexpected attack causes you to have any type of loss for things such as medical bills, lost wages or pain and suffering. Some states have a “one bite policy” and if multiple incidents occur it opens up into a lawsuit. Furthermore, if a dogs teeth have come into contact with your skin, personal claims can help you qualify for an additional compensation. Many people have had personal claims detesting to the fact that they or a loved one have suffered traumatic injury due to a dog attack. This type of behavior does not go unnoticed.
Read moreRide Sharing Accidents: Who is Indeed Liable?
The ride sharing industry has witnessed a tremendous growth in the last couple of years. The market leaders Uber and Lyft have become part of major city transportation systems majorly due to the cheap cost and flexible routes. Ride sharing differs from traditional transport systems in terms of liability. Have you ever thought of what happens in the event of an accident involving a ride sharing company? Ride sharing companies maintain strict requirements that must be fulfilled by their drivers. Yet, the drivers are expected to possess an insurance that will cover their passenger when an accident occurs. The ride sharing companies are not liable to the passenger when an accident involves one of their drivers. Ride sharing drivers rely on their own insurance to cover their passengers. In recent time, the popularity of this new mode of transportation has made insurance companies have insurance policies strictly for ride sharing drivers. Whenever an accident occurs, you will have minimal coverage. You are left with an option of going after a claim from the driver’s insurance company. Your last option is to go after the ride sharing company if the driver’s insurance policy cannot cover your claims. In all these scenarios, without a ride sharing accident lawyer, you may be unfairly denied your claims. Ride sharing accident lawyers are your best bet in filing for claims and being compensated. They are experts with experience in seeking claims from insurance companies for issues relating to personal injury and ride sharing accidents.
Read moreIssues Surrounding Child Injuries While Being Transported From Day Care Center
While being transported from a daycare, school, summer camp, or any other school activity, a child may be injured. It is quite logical for parents to seek compensation to help with the anguish, trauma, medical bills, and pain. The ability to seek compensation based on the legal right of the child will be determined by the circumstances surrounding the accident, the severity and the automobile coverage. Regardless of whether the accident is a result of the action of the driver, another driver or a comparative joint action, none nullifies the right of the child’s parents to seek compensation. When a child is injured, seeking compensation should not be the immediate course of action, but medical care for the child. The medical care may be covered by the automobile insurance, the driver’s insurance, and the daycare of the parents of the child. There are many challenges to the parent of an injured child. This is where a child injury lawyer comes into the picture to ensure compensation is made to cover medical bills and other expenses originating out of the injury and accident. Parents are advised to document all the medical bills of the injured child treatment. Insurance companies are always seeking loopholes to underpay the victims. This can be prevented with an expert child injury lawyer. Never rely on the judgment of the adjustors and the insurance companies, seek legal clarifications on the legal rights of the child in seeking compensation.
Read moreMotor Vehicle Accident Involving a DUI Driver
Operating a motor vehicle with an alcohol blood level of 0.08% is punishable across the United States. Using the California as a basis, the Vehicle Code Section 23152 states that (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” This implies that every accident originating from the actions of a drunk driver is solely his/her responsibility and fully liable for incident. A DUI can be complicated if the driver fails to stop later causing an accident. It’s more like admitting guilt to the accident and will be treated by law on the two charges of drunk driving, and hit and run. When this occurs, it will be in the best interest of the victims to secure the service of a DUI accident lawyer to help seek compensation from the perpetrator. With a DUI lawyer, the case will be expertly handled to ensure the right of the victim is preserved. In a DUI case, claims can be filled if the victims sustain injury as a result of the action of the driver. This will be made possible with the expert opinion of a DUI lawyer who will stay on top of the case. Compensation will be sought from the victim’s insurance to cater for medical bills or property damage to the victim’s car.
Read moreWhen Attacked on Someone Else Property: Who is Liable?
Consider this analogy: You are walking through a park to meet a family friend who already called she is there. Suddenly out of nowhere you were attacked, injured and robbed. The possibility of the assailant being nabbed in such a big park is slim. You may think that the assailant is the only one responsible for your injury and loss. However, the park operator will share some of the liability that arises out of the physical pain, injury and material loss. Premises liability law protects you from being injured on someone else’s property. Being attacked is negligence based on premises liability law. Nonetheless, claims arising from premises liability could be complex. This is due to the difficulty in proving that the park operator or the property owner is negligent. Still yet, it is believed that the property owner should have taken security steps to ensure clients, patrons and users are safe on their property. However, if the owner has taken necessary steps to ensure safety while on the property, he may not be held liable for the attacks. If you have been attacked on someone else property, seek the counsel of our premises liability lawyer. Establish if the property owner is liable for the attack, slip and fall, and work out a personal claim. This can only be done with the expertise of one of our premise liability lawyers.
Read moreBrain Injury After a Car Accident: Symptoms of Brain Injury
Motor vehicle accident can result in severe medical conditions such as brain injury. Annually, brain injuries occur from car accidents across the United States. Often, identifying the symptoms of brain injury can be difficult, this article will therefore take a closer look at what constitutes a brain injury. Unlike the usual misconceptions, brain injury has physical manifestations. A brain injured person may experience constant and unceasing headaches. They may also encounter issues with their vision and may be unable to maintain a balance. One of the usual symptoms of brain injury is the inability to retain information by the victim. So also, the emotional wellbeing of a brain injured individual will be seriously affected as they might not be able to comprehend certain things. This is not a comprehensive list of the symptoms that may be experienced by victims. Other signs of brain injury may include irritation, sadness, and anxiety. In some instances, after a car accident, it may not be apparent that someone may have a TBI but it is important to still get yourself medically treated. Sometimes, the victim might recover from the impact of brain injury. However, a brain injury will seriously affect the life and future of an individual. You may need to consult a brain injury lawyer to know the legal course of action to follow in seeking compensation for the victim as brain injury is a life changing condition.
Read moreRide-Share Accidents: Who is Liable?
Anybody can become a ride sharing driver if you have a car that is accepted by the company. However, your insurance does not cover you as a driver for Uber, Lyft or Taxify. Knowing that car accidents cannot be totally avoided, a car accident lawsuit becomes confusing when it involves a ride sharing activity. If you are an Uber, Taxify or Sidecar driver, you may need to consult with a ride sharing accident lawyer before it’s too late to weigh your options in the eventuality of an accident. Filing for personal claims as a ride sharing driver is near impossibility. The terms of service for these ride sharing apps, which have become widely accepted, do not provide the insurance cover you will need in any event of an accident especially in the absence of a passenger. You are carrying out a business activity and your personal insurance cover does not extend to such. Therefore, filing for personal claims in a car accident lawsuit will not yield any positive result in the end. If the passenger does not suffer any injury, these ride sharing businesses are not positioned to pay for the damages to your car or that of the third party. At this point, you are wondering whether you can become a ride sharing driver or you should quit if you are already one. Just remember that you are taking an uncalculated risk that neither your insurance company or the ride sharing app is willing to pay. Consult with a ride sharing accident lawyer to make a decision and know what you are getting yourself into.
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