August 20th, 2010
According to the Centers for Disease Control and Prevention, more than 4.7 million people per year are bitten by dogs. An even more alarming figure is that dog bites send approximately 368,000 victims to hospital emergency rooms every year. Needless to say, a dog bite or attack can result in a very serious personal injury. Thankfully, California has a dog bite statute that imposes liability on a dog owner for injuries inflicted on a human being.
California’s Dog Bite Statute
California is a “strict liability” state that has a statute making dog owners civilly liable for all injuries caused by his or her dog. California Civil Code, Section 3342 states: Read the rest of this entry »
Posted in Accidents & Injuries
June 21st, 2010
Pedestrian Accidents in San Diego
The statistics documenting the number of injuries and deaths caused by pedestrian accidents throughout the state of California each year are astounding. According to the California Highway Patrol, in 2008 there were 23 fatalities and 533 injuries involving pedestrians in San Diego. In one year, pedestrian accidents accounted for the death of 63 lives and the injuries sustained by 998 individuals. Some of the top causes of pedestrian accidents include a driver who fails to yield the right of way to a pedestrian at a crosswalk, hit and run accidents, and a driver not making a complete stop. As our society encourages a more pedestrian way of life, whether it be for health, environmental, social, or financial reasons, the reality is that as a pedestrian we are all at risk.
Are There Laws that Protect Pedestrians in California?
Depending on the circumstances of the accident itself, there are some statutes that may help determine the liability of a driver who is involved in an accident with a pedestrian. For example, California Vehicle Code section 21950 states that a driver of a vehicle “must” yield the right of way to a pedestrian crossing a street within a marked or unmarked crosswalk at an intersection. This same section of the California Vehicle Code also states that a driver of a vehicle approaching a pedestrian within a marked or unmarked crosswalk “shall” exercise all due care and “shall” reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian. If you or a loved one was a pedestrian victim in crosswalk accident, there is a specific law that protects your rights.
Also, depending on who caused the pedestrian accident, you may have to file a claim within 6 months of the incident if a government agency was negligent by directly causing the accident or by failing to maintain a roadway. If this is the situation, you will definitely need to follow the procedures involved for filing a claim with a particular agency before going to court, or have an experienced attorney file the claim for you. Knowing your rights is paramount if you intend to seek recovery for an injury in a pedestrian accident.
Are Pedestrian Accidents Considered Minor Under California Law?
The answer to this question is NO. Given very recent settlements and verdicts in California, the seriousness of pedestrian accidents knows no bounds – especially not when it causes someone permanent injury, or causes a family to suffer the death of a loved one. Some of the most serious cases involve injuries such as traumatic brain injury, spinal cord injury, and fractured bones. These injuries can lead to paraplegia, quadriplegia, or even death.
For example, a recent California case resulted in a multi-million dollar payment to the victim pedestrian who suffered massive injuries when he was hit by a trash hauling truck and dragged 20 yards. In another case, which occurred in San Diego, a man died after he was crushed by a collapsing structure covering a pedestrian walkway. In that case, the scaffolding company was held responsible to the family for the man’s death. In yet other pedestrian injury cases, each victim recovered millions from the responsible party: an insurance company that indemnified the negligent driver, the employer that bore responsibility for an act of an employee, or the state agency that failed to maintain a road.
Should You Seek the Advice of a Lawyer If You Are Injured in Any Type of Pedestrian Accident?
When there is a question of legal responsibility and you are injured, it is always best to consult an experienced trial lawyer. There are many issues involved in determining who is at fault, and many things that may limit or bar victim compensation if each step is not handled correctly. In a pedestrian accident case, the parties involved are not only limited to the driver of the vehicle and the person injured. There are insurance companies to deal with, possible claims to be filed with the government, experts to be consulted, medical treatment to be sought, and financial and other losses to be computed.
If you are involved in a pedestrian accident, the personal injury attorneys at San Diego Law Firm are seasoned, experienced, and diligent, and are available to help you. Call them at 619-794-0243 to discuss the specifics of your case and to obtain a thorough and honest assessment of your potential claim.
Posted in Accidents & Injuries, Pedestrian Accidents
May 14th, 2010
San Diego has many different transportation options, including transit buses, school buses, the trolley, taxis, shuttles, and the Coaster train. When you ride on public transportation, these carriers have a great deal of responsibility in making sure you’re as safe as possible. But how far does a provider need to go to ensure safety for its passengers? Read the rest of this entry »
Posted in Accidents & Injuries
April 23rd, 2010
If you’ve been involved in a San Diego car or motorcycle accident, your job after the accident is to maintain the proof you’ll need to be fully compensated, and have your lawyer deal directly with insurance companies.
Your claim will be under a lot of scrutiny, especially from the insurance companies who will question each and every injury and expense. Your detailed documentation and records will be valuable in strengthening your bargaining position and in negotiating a settlement or proving your case at trial. Read the rest of this entry »
Posted in Accidents & Injuries
April 23rd, 2010
Every year in California and throughout the United States about 7,800 people experience a spinal cord injury, reports the National Spinal Cord Injury Association (NSCIA). According to the NSCIA, between 250,000 to 400,000 people are living with Spinal Cord Injury (SCI) or Spinal Dysfunction today. Many know first hand that spinal cord injuries are some of the most devastating personal injuries suffered.
Experts and those who have SCI will tell you about the importance of learning as much as you can about your injuries and the steps toward recovery. You also need to seek the resources you’ll need to help you move forward. If the injury was caused by someone else’s negligent or intentional actions, then it’s crucial to get skilled legal help to try and secure full compensation from the responsible parties. Read the rest of this entry »
Posted in Accidents & Injuries
March 12th, 2010
In his motorcycle blog, local San Diego motorcyclist Dale Franks recently called attention to a new study that the Federal Highway Administration will undertake. It’s the first detailed study made on what causes motorcycle crashes since 1981, and the aim is to improve motorcycle traffic safety.
Whether it’s a motorcycle or car crash, accidents affect us in some way every day. Would you know what to do in the immediate aftermath of a serious car accident or motorcycle accident? Your primary concern is of course your well-being and safety, and that of others involved in the accident. Next, contact the police right away if you’re physically able to. Once police have arrived, you should report any injuries you have to the officer, and the police investigation can also document the scene, take statements, and ensure you don’t get false information from other drivers. Read the rest of this entry »
Posted in Accidents & Injuries
February 9th, 2010
Many remember the Southern California Metrolink train derailment in 2005 that resulted when a passenger train collided with an SUV abandoned on the tracks and struck two other trains. Following this tragic accident that killed 11 people and left 180 injured, families of the victims who died brought wrongful death actions, and AP recently reported in San Diego’s North County Times that claims filed against Metrolink are almost settled, including the wrongful death claims. Wrongful death actions are lawsuits brought to hold the responsible parties accountable and compensate those who have suffered the unexpected loss of a loved one. Under California law, when someone dies because of another person or company’s negligence, recklessness, or intentional wrongdoing, often times family members who survived the victim have a legal right to file a wrongful death action for their loss.
Many different circumstances can result in a preventable and wrongful death. Often, wrongful death actions are brought after:
● Car accidents, pedestrian accidents, or motorcycle collisions
● Falls, construction accidents, and workplace accidents
● Medical malpractice
● Defective products that cause a fatal injury
● Nursing home neglect and other forms of elder abuse
● A death attributed in part to insufficient health care because an insurance company denied a claim in bad faith
● A wrongdoer’s intentionally violent acts
Even if it can be established that a third party’s negligence caused the accidental death, California law will only allow people who had certain close relationships to the victim to bring a wrongful death lawsuit. A surviving spouse, domestic partner, children, dependent stepchildren, certain dependent minors who were living with the victim, and dependent parents are all examples of people who may be able to file the claim. Depending on whether any of these family members have survived the victim, then others who could inherit from the victim may be eligible to file the wrongful death action. Just as the law limits who can sue for wrongful death, it also specifies what types of compensation (or damages) the victim’s family members can recover. Wrongful death laws were made with the goal of compensating a victim’s survivors for the financial and emotional losses they’ve suffered because of another party’s deliberate wrongdoing or negligence. Some of the damages that can be awarded include lost financial support for the future and lost benefits that the family member would have likely received (such as benefits from a 401k or medical insurance). If a spouse has been lost, he or she can also be awarded damages for loss of sexual relations, called “loss of consortium.” Family members can also seek compensation for being deprived of the victim’s love, care, companionship, physical assistance, guidance, and moral support.
Other types of damages, such as medical bills resulting from the accident, punitive damages (which may be available if the victim would’ve been entitled to them had he or she had survived the accident), and the victim’s pain and suffering can’t be recovered through a wrongful death action because those damages don’t represent injuries to the family member. Instead, the victim’s estate may be able to recover these through what’s known as a “survival action,” which allows the deceased’s own legal claims to continue forward, and can often be handled together with a wrongful death action. If you’ve lost a family member in an accident and believe it was a wrongful death, keep in mind that it will be essential to take the necessary steps to begin the lawsuit within the time allowed by law, not only to preserve your claim but also to gather the evidence needed through investigation while it’s still available. Our skilled attorneys are here to help you with compassion as we advocate on your behalf. Speak with San Diego Law Firm’s experienced wrongful death lawyers by calling (619) 794-0243.
Posted in Accidents & Injuries, Insurance Bad Faith, Medical Malpractice, Wrongful Death
January 7th, 2010
There’s a reason why you often see local San Diego businesses place illustrated yellow signs out warning when the floor is wet, or why there may be security on patrol, or why deep potholes in a store’s parking lot are filled in. Much of this is owed to California “premises liability” laws that place a good deal of responsibility on property owners (including homeowners, businesses, and the government) to maintain and secure their property to help prevent injury to their patrons, customers, or guests. This potential legal liability for a property owner’s negligence has made things safer for all of us as we go through our daily lives, but sometimes the precautions taken by a property owner aren’t enough to prevent an injury, or those controlling the premises may not have made any effort at all to keep things safe. When this happens, it’s possible that the property owner fell short of its legal duty to exercise care. How far a property owner must go to fulfill its responsibilities under California law varies with the circumstances, since it depends on how predictable it was that the harm would occur, how burdensome the precautions were to prevent the injury in light of the risks, whether the injury really occurred because of the owner’s carelessness, and so on. Read the rest of this entry »
Posted in Accidents & Injuries
|
|
