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Is Dangerous Roadway Design a Key in Pedestrian Accidents?

Monday, November 28, 2016

While many outside the city don't realize it, but Los Angeles is one of the most dangerous cities for pedestrians. Fatal pedestrian accidentsare almost a weekly event in the city, and it has residents questioning something that pedestrians in all major cities should be questioning - is roadway design to blame?

Most roadways are designed strictly for the ease of use of motor vehicles, however with more people choosing to walk or cycle through their neighbourhoods; it may not be feasible to leave roads as they are. In Los Angeles, as only one example, many drivers are focused on beating oncoming traffic when turning, failing to yield to pedestrians. This leads to those crossing the street, even with the right away, to scramble out in front of cars that are trying not to get hit by other cars themselves. Safety advocates throughout major metropolitan areas believe that better road design, speed reductions, and landscaping can help cut down on fatal pedestrian accidents significantly.

However, pedestrian safety is a give and take. Pedestrians must limit themselves to areas of the road specifically put there for their use, such as sidewalks and crosswalks, but cars must also exercise caution and yield to the right of way that pedestrians hold.

For those who have already been injured by a vehicle while observing their right to cross the road, if it was due to poor road way design, you may not only have legal recourse against the driver, but the city as well. You may be able to seek compensation for a number of damages. If you have been the victim in the Los Angeles area, contact us today.

Dog Bites / Animal Bites: A Story Worth Telling

Thursday, November 17, 2016

One of the early lessons in any good university's journalism program is that "dog bites man" is not a story while "man bites dog" has front-page potential.

Why?

Dogs biting people or getting into it with another dog is a common occurrence while the novelty of a man choosing to bite a dog is an interesting story worth telling.

We disagree.

Dog bites may be common, but the victims of these vicious attacks deserve to have their stories told. More importantly, they deserve to be compensated for the damages they suffer as a result of negligent pet owners who contribute to these attacks.

Many dog bite victims are children. They face a lifetime of physical and psychological issues and deserve to be supported as they go through the recovery process.

How?

People who are injured as the result of a dog bite have the option of pursing financial compensation through a personal injury claim. A successful claim can result in a settlement or verdict that provides funds to cover damages such as medical costs, pain and suffering, and lost earnings.

One of the worries our clients express frequently is a concern about pursuing a claim when it was a family member's, friend's or neighbor's dog that lashed out. This is understandable. The good news is that claims seek compensation through available homeowners' insurance policies, not by directly going after the financial resources of dog owners.

Contact us today for a free consultation to learn more about how you can protect your rights or the rights of a loved one after a dog bite.

Auto Accidents: When a car owner negligently entrusts his or her car to a bad driver

Thursday, November 10, 2016

When a vehicle owner allows another person to use the owner's car, the owner may be held to be civilly liable if the person causes an accident if certain circumstances apply. California recognizes the doctrine of negligent entrustment of a motor vehicle. In cases in which the circumstances fit the law, the vehicle's owner may be named as a co-defendant with the driver to whom the owner loaned the car. This can help to maximize the potential recovery by having additional sources.

Negligent entrustment

California case law indicates that a person is not allowed to let another person drive his or her vehicle if the owner knows or should know that the borrower is likely to place others at an unreasonable risk of danger because the driver is incompetent or unfit to drive. An example could include loaning a vehicle to a friend who has had multiple drunk driving convictions, numerous speeding tickets or who has no valid license. Several specific prohibitions are outlined in the California Vehicle Code at sections 14606 - 14608.

What the plaintiff must show

In order to prove negligent entrustment in an auto accident case, the plaintiff must be able to show that the owner gave permission to the driver to use the vehicle. He or she must also show that the owner either knew or should have known that the driver was incompetent or unfit to drive. The plaintiff must then prove that the driver's incompetence resulted in an accident and that the plaintiff's injuries directly resulted from it.

How negligent entrustment can help

If a driver is uninsured or underinsured, the ability to name a vehicle's owner as a defendant in the lawsuit may help an injured plaintiff to recover damages for his or her losses. Even if the negligent driver is insured, having additional sources of coverage may help when the policy limits are not sufficient to cover all of the losses caused by the accident. This may help an injured victim to secure fair compensation for his or her losses.

Pool Accidents are Still a Concern When the Weather is Cool

Thursday, November 03, 2016

Now that the weather has cooled down, the last thing that you and your family might be thinking about is your swimming pool. After all, you might have closed down your pool for the season quite some time ago, and the cold temperatures might have you thinking more about coffee and comfort food than about swimsuits and pool toys.

However, just because you aren't using your pool right now does not mean that you should not be concerned about it. For example, pool accidents are still a concern all year long, and you do not want anyone to get hurt or for you and your family to be liability for someone's accident.

First of all, it's important to still keep your swimming pool area locked. Ideally, you should have a tall fence around your pool, and you shouldn't slack off on keeping it locked and keeping up your warning signs just because your pool isn't in use right now. Someone could still fall in and get injured, even if your pool has been drained.

Secondly, you should make sure that any kids who are playing on your property are fully supervised and are aware of the importance of staying away from the pool area. After all, just because you aren't thinking about swimming right now does not mean that a neighbor's child or one of your children's friends might not get excited at the sight of the pool and try to dive in. Supervision around the pool is important all year long, including when the pool is closed.

By taking these steps seriously, you can help prevent anyone from being injured, and you can also protect yourself from a potentially expensive lawsuit, too.

If you happen to find yourself in need of a personal injury lawyer, contact us at Freeman & Freeman today.



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Woodland Hills, CA 91367-7418

P: 818-992-2919
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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.