According to study: Los Angeles Not Safe for Pedestrians

 Los Angeles is a hotspot for different types of road accidents, and pedestrian accidents are not an exemption.

A study conducted by the University of Michigan Transportation Research Institute found out that Los Angeles pedestrians are particularly at risk of getting involved in traffic accidents. read more about traffic accidents here

The said study found that pedestrians make up to about a third of all traffic fatalities in the Los Angeles area. This means that the rate of pedestrian accidents in Los Angeles is nearly triple the national average of 11.4 percent.

Meanwhile, the National Highway Traffic Safety Administration (NHTSA) reported that in 2009 alone, about 563 Californians were killed as a result of pedestrian accidents. This number accounted for 19 percent of the total fatal road accidents in the state.

According to Michael Sivak, a professor at the University of Michigan Transportation Research Institute, it is not surprising that pedestrian accidents are common in Los Angeles because of its urban setting. He added that crowded and highly-urbanized areas like Los Angeles and New York are common places for fatal pedestrian accidents.

As it is, the odds are unfortunately not on the side of Los Angeles commuters and pedestrians; hence, they have to equip themselves with the right knowledge about traffic safety.

The following are some of the simple and effective safety tips for pedestrians:

Use designated crosswalks – Never attempt to jaywalk because you would only put your life in danger when a driver failed to notice you crossing.

Wear something bright – Wearing bright-colored outfit will make you easily noticeable by motor vehicle drivers.

Avoid walking on busy roadways – Roadways packed with vehicles are likely to become a pedestrian accident scene. Avoiding such places can spare you from one.

In case you get hit by a vehicle while walking in Los Angeles, the best way you could do after receiving medical treatment is to contact an expert injury attorney in los angeles. He or she can represent you and help you in claiming for personal injury damages.

Things to Keep in Mind to Avoid Spinal Cord Injuries

 

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The spinal cord is such an important part of one’s body. It serves as the medium for the human brain to transmit and receive signals from various parts of our body. It is largely responsible for our body’s motor and sensory functions. This is a very sensitive part of the human body and it requires special attention.

The spinal cord is encased inside the vertebrae or the backbone. While the backbone is tough and durable, a bad blow to your back can cause great damage to the spine. This damage could lead to serious problems like the loss of one’s motor or sensory abilities.

Because of this, it is important that you should protect it from any kinds of injury or damage. A spinal cord injury advocate, the United Spinal Association provided a list of tips that one must remember to prevent injury to the spine. Here are some of them`:

• Be mindful of your step. Even the best fall down at times. But why let yourself experience that and cause irreversible injury to your spine? Be mindful of where you are stepping so that you can avoid slipping, tripping, and falling. You wouldn’t want to sustain these kinds of life-threatening injuries, so you better be really careful.
• Buckle up when traveling. When driving or riding a vehicle, make sure you buckle up to keep yourself planted on your seat at all times. When accidents happen, this safety gadget protects you from possible injuries to the spine, preventing nasty injuries.
• When riding a bicycle or motorcycle, wear your protective helmet. When you ride a motorcycle or bicycle, you must do so safely. It is a must, too, that you use your helmet to protect your head from possible injuries.

If you or your loved one has suffered from a serious spinal cord injury because of one’s negligence or fault, you must remember that there are laws there to help protect your rights. You can file a personal injury complaint for the spinal cord injury and have the people responsible held liable.

Just seek the help of a Los Angeles personal injury lawyer and they will guide you through the entire process hearing you case. They will help you gather all documents necessary in proving the fault of the person or party responsible for your injury. Fight for your rights and protect your spine at all times.

About Wrongful Death: Existing California Laws

 

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Most forms of personal injury results to the injury of a person involved in an accident. However, there’s one form of personal injury that ultimately results in the person’s death. This is what we call wrongful death. Just like any form of personal injury, this stems from the liable party’s negligence or misconduct.

Basically, the defendant or the liable party in a wrongful death accident could either be an individual or an entity. More importantly, the surviving members of the deceased person, or any qualified person not-blood-related to the person, can file a wrongful death lawsuit against the liable party.

Wrongful death lawsuits often stem from the most common personal injury accidents, including but not limited to the following:

• Vehicle accidents (e.g. cars, motorcycles, trucks, buses, or motorcycle accidents)
• Pedestrian accidents;
• Dog bites and other animal attacks;
• Product liability caused by defective goods; and
• Medical malpractice.

Moreover, every state has its own wrongful death laws, including the State of California. Here, such claim can be filed against the liable party by any of the following eligible persons:

• The decedent’s spouse;
• The decedent’s children, stepchildren, or grandchildren;
• The decedent’s parents, especially if they were dependent on him before the decedent died; or
• Any qualified person who oversees the decedent’s estate; especially if the deceased doesn’t have children or grandchildren.

Like every state in the U.S., the State of California has its own statutes of limitations with regard to filing wrongful death cases. If the death of your loved one stemmed from a motor vehicle accident, slip and fall, or any other form of personal injury, you and your surviving members may file a wrongful death lawsuit within two years from the date of the decedent’s death.

Meanwhile, if it is caused by medical malpractice, you have three years from the date of the injury, or, if it is determined weeks or months after the decedent died, one year from the date of discovery. Also, if the death of your loved one was caused by a defective product, you have two years to file for wrongful death.

Indeed, taking on such a high-profile lawsuit can be very difficult. Apart from dealing with the legal battle to get compensated for the damages you and your family incurred, you’d also have to mourn for the sudden demise of your loved one. In this regard, it is important that you seek the expertise of any Los Angeles personal injury lawyers who can help represent you.

Rise in Seat Belt Use: Something to be Thankful For

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Among the many blessings that we received last year, and that was the fact that seatbelt use among Americans hit record-highs, particularly during Thanksgiving weekend. According to one of the recent reports from the National Highway Traffic Safety Administration (NHTSA), use of seatbelts has reached an all-time high of 86 percent in 2012.

Based on the NHTSA’s yearly National Occupant Protection Use Survey (NOPUS), seatbelt use has been on the rise since 1994. Just last year, the use of seatbelts in the United States was recorded at 84 percent before hitting this record-breaking milestone. In the many years of the NOPUS, the NHTSA has noticed that there has been an upward trend with the use of seat belts among vehicle occupants in the US.

Highlights of the NHTSA report

Three out of the four regions in the country saw increases in seat belt use in this latest report. Specifically, the one that enjoyed the biggest improvement is the southern region of the country, in which seat belt rose to 85 percent in 2012; a 5-percent increase from the previous year.

Meanwhile, people living in the western parts of the country still have the highest percentage of seat belt use at 94 percent, a 1-percent increase since 2011. However, the Northeast area of the United States saw no increase in the use of seat belts despite the NHTSA’s efforts in promoting them.

Additionally, seat belt use remained high in states that have primary belt laws. In these states, a law enforcement operative can issue citations to erring motorists. This is deemed more effective than requiring additional traffic violations before any form of disciplinary action can be meted to offenders.

NHTSA’s reaction

NHTSA Administrator David Strickland thanked the agency’s state and local partners for the success of its various campaigns for seat belt use. The ‘Click It or Ticket’ program has been making steady gains in belt use year after year. He added that these successes will be vital in finding more ways to come with “multi-faceted approach”; that is through the “enactment of good laws, the effective enforcement of said laws, and an effective public information drive and awareness”.

To begin with, some 32 states, as well as the District of Columbia, have passed primary laws that require the use of seat belts. On the other hand, another 17 states have come up with secondary laws. So far, the only state so far that has not enacted a primary or secondary seat belt law is New Hampshire. However, the state’s primary child passenger safety law applies to all drivers, as well as passengers under the age of 18.

So would you still risk not wearing your safety belts and be a victim of severe injuries caused by accidents? Would you still want to end up seeking the help of a Los Angeles car accident lawyers to help you seek for damages brought by these injuries? Or would you rather find something to be thankful for in the next Thanksgiving Day for staying safe by adhering to the NHTSA’s plea of simply wearing your seatbelt? Well, the choice is yours, my friend.

Texting while Walking is Hazardous, Says Study

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At this day and age, life is incomplete if people don’t have their smartphones on their hands or pockets. Such gadgets have features that keep people preoccupied. On a certain standpoint, having smartphones shows that people are keeping pace with the times and that they always want to become updated wherever they may be.

Smartphones indeed are boredom killers. People always want to engage themselves in socializing with others through phone calls, text messaging, and through Facebook, Twitter, or Instagram. Yes, our technology has reached far and beyond since the first mobile phone was introduced in the market.

But then, smartphones are not without its disadvantages. In fact, they are often seen as a form of distraction. No, it is not only about distracted driving, as many people often associate smartphones with. Pedestrians, too, are also at risk of getting distracted with their smartphones while they travel on foot within the city.

In a study published in Injury Prevention entitled “The Impact of Social and Technological Distraction on Pedestrian Crossing Behaviour” by the Harborview Injury Prevention & Research Center at the University of Washington, pedestrians using gadgets are four times more likely to do the following:

•    Ignore pedestrian traffic lights;
•    Cross the middle of the junction; or
•    Fail to look to the left and to the right before crossing the street.

Moreover, the study found out that 18 percent of the 1,000 pedestrians who took part in the study took almost two seconds longer to cross a junction of three to four lanes. Also, the study found that talking to others, as well as dealing with pets or children, increase the pedestrian’s chances of unsafe crossing on the road.

According to the researchers, pedestrian crashes kill about 4,000 people and injure around 60,000 more annually in the U.S. Truly, distracted walking is as potentially dangerous as distracted driving, with those using mobile gadgets more likely to be involved in a serious or fatal accident.

Incidentally, expert lawyers such as the Los Angeles personal injury lawyer advice all regular pedestrians to avoid using smartphones and other related devices while walking.

The Other Driver’s Not Always the One Liable for Your Injuries

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If you are involved in an accident caused by someone else’s negligence, you must remember that understanding your rights, duties, and responsibilities as a victim is critical. As such, you must pursue a claim against the other driver whom you believe is at fault for the accident.

In most vehicle accident cases, the one who breached or violated the duty of care is the one responsible for the accident. However, if you plan to pursue a claim against the other driver, you must prove the following:

•    There exists a duty of care. Every reasonable driver makes it a point to operate the vehicle in the safest manner possible to avoid causing injuries to other people or damaging properties.
•    There was a breach of duty of care. It would technically make the other driver liable for the accident.
•    To be able to attain compensation from the driver, you must have sustained injuries as a result of the accident.

However, there are times when the other driver is not always the one liable for you injuries. In fact, someone who is not present at the scene could be the one responsible for the damages and the injuries you sustained.

You might found out in the investigation of the accident that the driver actually borrowed his or her car from someone else. Given that the owner of the car gave permission to the driver to use the car, your case won’t necessarily go up in flames. In fact, you may still file a claim, but the liability won’t be placed on the driver anymore, but on the owner of the vehicle.

One of the states that have laws regarding such circumstances is the State of California. There, if the user gets involved in an accident, the owner won’t be rendered liable for unlimited damages. It means that the driver has limited liability, depending on the result of the accident.

But if the owner permitted someone who is not licensed or is not qualified to drive, he or she may be rendered liable for unlimited damages. To know whom you can sue in case such situation arises, it is best that you hire a Los Angeles car accident attorney so that your claim gets firmly established. With an established claim, you will have better chances of getting fair amount of monetary compensation from the liable party so you could recover well from the accident.

Personal Injury: What “Duty of Care” Means

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The legal theory of negligence is what governs most personal injury cases. As it is, this concept is used to determine who is at fault in the accident; in other words, it is entirely dependent on who was doing what.

If you have been injured in a personal injury accident such as a vehicle accident or slip and fall, one of the key elements that you must take into account is if the liable party owed you a duty of care.

In determining liability through negligence, there must be proof that the liable party breached or violated his or her duty of care towards you and other people in a certain situation. If such thing happened and it resulted in injuries, then it is said that there is negligence involved.

To begin with, every person has a legal duty to act with reasonable care in every situation. A reasonable standard of care, to be exact, should come in play here, and usually depends on the type of situation and the level of responsibility that a person carries on that instance.

Take for example a person driving a car on a busy road. As any average person would, he or she should be driving with the same level of care. To do so, he or she should maintain speed like the other motorists who are with him or her on the road, and should make sound driving decisions such as changing lanes carefully and slowly stopping the vehicle as the traffic in-front of him or her stops.

Another example is a female property owner in-charge of a residential or commercial area. She owed a duty of care to other people who are visiting her property. However, the level of care that she owes them depends on who the visitor is. If she is running a store, the highest duty of care is owed towards her customers. Trespassers, on the other hand, are owed the lowest of duty of care.

The failure to uphold a duty of care towards another person may lead to a lawsuit if there is injury involved. Incidentally, if you were injured because of another person’s negligence, then you should retain a Los Angeles injury attorney to establish a claim and be compensated for your suffered damages.

Qualities of a Good Los Angeles Car Accident Attorney

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Los Angeles is not only a hotspot for traffic jams but also for traffic accidents.

In 2006, the National Highway Traffic Safety Administration (NHTSA) recorded 799 road accident fatalities in Los Angeles area. The city, dubbed as the “City of Angels”, is being invaded by “traffic angels of death” due to the frequency of fatal road accidents in the area.

The growing problem of traffic accidents in Los Angeles prompts motorists and pedestrians to know beforehand their legal options with respect to California personal injury laws. These days, it is a must for any driver or pedestrian to know a Los Angeles attorney who can support him or her in case he or she got involved in a road accident.

Personal injury claimants must only trust attorneys with proven track record in pursuing such cases since expertise is key in winning cases or securing favorable settlements. Accident victims should only entrust their cases to Los Angeles lawyers who are experienced, reputable, and known to be great negotiators.

Experience stands out – Car accident victims should only hire a lawyer with years of experience in handling personal injury claims. Although there is nothing wrong about hiring a newcomer attorney, hiring an experienced or seasoned personal injury lawyer is still considered the best option.

Reputation is a must – Personal injury lawyers with untarnished reputation should be the go-to attorneys of Los Angeles car accident victims. Personal injury claimants should only entrust their claims to lawyers with proven track record in winning car accident cases. Hiring an attorney who has not won any car accident claims is almost synonymous to losing the case before it even started.

Great negotiators are great litigators – Claiming for personal injury payments is like playing mind games with insurance companies – it requires wit, persistence, and logical thinking. It is not uncommon for insurance firms to lowball injury claimants, which is why having a personal injury with exceptional negotiation skills is a must. A car accident lawyer who is skilled in dealing with insurers can aid the claimant in receiving sufficient amount of injury payments.

Car accident victims are advised to only hire personal injury lawyers with the abovementioned traits to ensure that they will get fair compensatory damages. Injury claimants can find a Los Angeles attorney through various ways like:

Online search – Using the Internet to look for personal injury lawyers who can help you out in your case.

Referrals from co-leagues – Asking your friends, co-workers, or family members if they know a car accident lawyer whom they can refer.

Referrals from lawyer directories – Car accident claimants may look for a lawyer using California lawyers’ directories.

Los Angeles car accident victims must know beforehand the traits of a reliable personal injury lawyer to avoid having their cases compromised and to ensure their receipt of just compensations.

Causes and Legal Remedy for Truck Accidents in Los Angeles

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The best way to access downtown Los Angeles is through Interstate 101. However, rain and snow-piled freeway may trigger trucks to trip and rollover. If you or your loved one is injured in a truck accident, you may consult with a Los Angeles Truck accident attorney to help you recover damages.

Truck accidents may happen under the following conditions:

1. When another vehicle rear-ends the truck where there is zero visibility.
2. Another vehicle swerves and shifts lanes swiftly
3. Another vehicle makes a sudden left turn
4. Another vehicle runs on red light
5. The truck driver lacks sleep, causing inattention
6. The truck driver commits speeding or DUI violation
7. Either the truck driver or another motorist fails to yield

A truck accident may also occur in an intersection when a speeding vehicle fails to slow down or makes a sudden left turn. Collision onto a truck can result to serious injuries. Your skilled Truck Accident Attorneys in Los Angeles can help you file a lawsuit and prove that the defendant caused a negligent act that caused the accident.

They can help you receive compensation for your medical expenses, loss income, and pain and suffering.

Your expert lawyers can help you go through the following process:

1.    Gathering of legal documents
2.    Filing of lawsuit
3.    Pre-Trial/ Mediation
4.    Trial
5.    Verdict
6.    Appeal

Consult only with skilled attorneys who have proven track record in handling Personal Injury cases and uphold high ethical standards to ensure that you receive professional legal service with excellent results.

You can also avail of a no win no fee agreement. This means that you can pursue a Personal Injury Lawyers immediately after the accident, and pay only after we have won the case.

Proving negligent act in an automobile accident at San Diego

According to latest reports, there are at least 16,311 people who were injured in vehicular crashes at San Diego. Amidst San Diego's advanced freeway system, automobile accidents occur. If you or your loved one has suffered injuries in a collision at San Diego, you may consult with a Personal Injury attorney to help you recover damages.

Your experienced automobile accident attorneys  can help you file a lawsuit against the person who caused the accident, resulting to your injuries. They will help  you prove the negligent act by:

1.    Establishing that the driver has a duty of care over you. Every driver has a responsibility to abide with traffic law rules that can prevent accident or injuries.

2.    Proving that the driver has failed to fulfill such duty. Failure to abide with existing traffic law rules carries court penalties.  Some examples are: Speeding, Driving Under Influence (DUI), running on red light, and texting while driving.

3.    Establishing the causes of events, leading to accident.

4.    Presenting evidence that the accident led to your injuries

Your expert attorneys can help you gather evidence such as copy of police reports, witness statements, and medical records, to substantiate your case. They work with forensic engineers to provide accident reconstruction that can establish causation.

These litigators ensure that you receive maximum compensation for the following:

1.    Medical expenses- It refers to physician’s fees, cost of treatment/ surgery/ laboratory examinations, and room fees.

2.    Loss income- It refers to the total amount of missed salary or sales profit as a result of physical injury.

3.    Emotional loss- It refers to pain and suffering, loss of care and guidance, and loss consortium.

Consult only with skilled attorneys with a proven track record in handling Personal Injury cases and offer a no win no fee agreement.

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Why hire a truck accident attorney in San Diego

Truck Accident In San Diego

Wet and snow can aggravate road condition on Interstate 5 and 8 en route to San Diego. Roll over and collision can happen when drivers are not careful enough. Common vehicles which are prone to crashes on extreme weather condition are SUVs, trucks, and motorcycles. 

If you or your loved one is injured in a truck accident in San Diego, you may consult with a Personal Injury attorney to help you recover damages. 

Consulting with seasoned accident attorneys can help you assert legal action and recover damages. We can assist you in either filing an insurance claim or a formal lawsuit to assert compensation for your injuries and losses. 

Insurance claim

If you have purchased comprehensive insurance policy for your truck, we can help you file a claim on your insurance company. We guide you throughout this process:

1. Gathering of documents such as photos from the accident scene, copy of police report, witness statements, and medical records. 

2. Determining the settlement amount

3. Setting a meeting with the insurance representative

4. Retrieving the payment either in lump sum or structured payment

Filing a Personal Injury lawsuit

If your injuries are serious, and the accident was caused by the negligent act of the

other driver; we can help you file a Personal Injury lawsuit. It allows you to prove that the defendant has a liability over your injuries and losses. 

Your expert lawyer help you go through this legal process:

1. Pre-trial

2. Trial

3. Verdict

4. Appeal 

Trust only the attorneys who work with forensic engineers and medical practitioners to provide accident reconstruction and expert analysis for your case. 

There are skilled attorneys who have proven track record and uphold high ethical standards to ensure that you receive professional legal service with excellent results. 

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The Benefits of Hiring a Motorcycle Accident Attorney in San Diego

Motorcycle accidents mostly occur when the rider makes a sudden left turn and an oncoming vehicle hits the rider. These types of accidents are often caused by driving errors and violations of road safety laws.

Due to an increasing number of motorcycle accidents in San Diego, the National Highway Transportation Safety Administration (NHTSA) has implemented tighter security measures to prevent road hazards.

If you or your loved one has suffered injuries from an accident in San Diego, you may consult with a San Diego motorcycle accident attorney to recover damages.

Only skilled accident attorneys from a reputable lawfirm can help you establish the fault of the person who caused the accident and assert compensation for your injuries.

Motorcycle accident also occurs when:

1.    The rider fails to yield
2.    The rider fails to give turn signals
3.    The other vehicle runs on red light
4.    Either of the driver has committed Driving Under Influence (DUI) violation
5.    The truck driver speeds on the intersection

When a motorcyclist is not wearing helmet, injuries can aggravate and may require long-term treatment.

An expert lawyer can help you establish fault by:

1.    Proving that the defendant has a duty of care over you
2.    Establish that the defendant has failed to fulfill such duty
3.    Establish the causes of events, leading to accident
4.    Showing proof that the accident led to your injuries

He can guide you throughout this legal process:

1.    Assessment of your case
2.    Gathering of evidence such as photos from the accident scene, copy of police reports, and medical records.
3.    Mediation/ Pre- trial
4.    Trial
5.    Verdict
6.    Appeal

Handles related Personal Injury cases such as:

1.    Bus accident
2.    Train accident
3.    Car accident
4.    Product liability
5.    Premises liability
6.    Animal attack

And most importantly works with medical practitioners and professionals to provide accident reconstruction that can substantiate your case.

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