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Why Helmets Are So Essential In Motorcycle Accident Cases

Thursday, July 27, 2017

Have you recently suffered from a motorcycle accident in which you were not the negligent driver? Were you wearing a helmet during the accident? If not, you run the risk of potentially losing your case. Why?

Liability Requires Negligence

Negligence is one of the main influences in deciding liability in a motorcycle accident case. If the driver of the vehicle that struck the motorcycle was driving too fast for conditions, ignored signal from the motorcyclist, or was passing in a no-passing zone, they were driving in a negligent manner. As a result, this behavior makes them liable for the injury.

However, negligence can also be passed on to the driver of the motorcycle. For example, if they were driving too quickly, failed to signal, or otherwise drove in a dangerous way, the judge may decide that they were liable. One controversial point that upsets many motorcycle drivers is the influence that wearing a helmet can have on liability decisions.

Failure To Wear A Helmet May Be Negligent

When you fail to wear a helmet while driving your motorcycle, contributory negligence may be argued by the defendant. What does this mean? It means that many of your injuries were caused by the lack of a helmet. Many judges consider improper helmet safety a negligent behavior and are likely to either negate some of the costs of the lawsuit or eliminate them completely.

This is particularly true in the case of states that have mandatory helmet laws. A lack of a helmet is seen in these states as just as negligent as driving too fast, failing to use turn signals, or drinking before driving. Judges may actually throw out these cases if the motorcyclist was not wearing a helmet.

If you are worried about your motorcycle accident lawsuit because you weren't wearing a helmet, please contact us today. We can help you build a case that will negate your lack of helmet and get you the money you deserve.


Will a Dog Be Euthanized After a Dog Bite Incident?

Thursday, July 20, 2017

Dog attacks are traumatic incidents, but even so, many victims after a dog attack don't want the dog to be euthanized. They are animals, after all, and likely it is the conduct of their owner that resulted in the attack and not an issue of the dog or dog breed itself. While owners are held liable for the financial burden of the attack, does the dog have to be euthanized after it bites someone?

The quick answer is no. There are some cases, usually in particularly vicious dog attacks, where the dog will be labeled by the court as "potentially dangerous" or "vicious" and it will need to be detained and potentially euthanized. However, not only does the owner have some recourse, but a few words from the victim can go a long way to saving a dog's life.

In court, the victim can advise their attorney that they want to save the dog, which will prevent their attorney from contacting animal control. Victims can also say a few words to the judge stating that they don't want the dog to be destroyed, and that is taken heavily into consideration. Even in vicious dog attacks, if the dog has displayed no other signs of aggression, the victim may be able to see that it lives, but is forced to go into dog training or taken away from its owner to ensure that a dog attack never happens again.

If you are a dog lover, a dog attack can be especially hurtful since the myth that dogs will be euthanized after just one bite is a widespread one. However, you shouldn't just shoulder the medical bills yourself in order to try and save the dog. If you have been attacked, contact us today to see what the Law Offices of Freeman & Freeman can do for you.

Don't Let Irresponsible Dog Owner off the Hook for Dog Bites

Thursday, July 13, 2017

There are no bad dog breeds, merely bad dog owners - That is what you should keep in mind after a dog bite incident. After you are attacked by a dog, you can be left with a considerable injury as well as psychological trauma. This means you not only have to deal with the physical burden of medical bills but the pain and suffering that can come after a traumatic incident with a dog.

However, while the attack may seem like the dog's fault, in the state of California, dog owners are automatically liable for any injuries caused by the dog, even if they weren't around when it happened. Even if their dog has never exhibited any signs of aggressiveness, they are still responsible for their pet's actions. What this means is that dog owners have a responsibility to prevent any attacks, and they should be held accountable for that.

If you were injured by a dog attack, you may not be willing to press charges, perhaps for the safety of the dog in question, but just because you are a dog lover doesn't mean you should be stuck with those medical bills. Don't suffer in silence, you are entitled to compensation from the owner.

In the event of a dog attack, you are entitled to seek coverage for not only the medical damages but treatment of psychological damages as well. If you have been attacked by a dog in the Los Angeles area, contact us today. The Law Offices of Freeman & Freeman love dogs, but only when owners have undertaken every precaution to make sure they are happy and friendly. If you have been bit, don't get stuck with the bill.

Keeping Kids Safe Around the Water

Friday, July 07, 2017

When living in Los Angeles, chances are you will come in contact with a large body of water at some point during the summer. If you have kids, their safety is a priority--but what are the best methods of keeping your children safe? Don't depend on lifeguards. 

If you're in a public pool, chances are there's up to a hundred other people also in the pool. While the lifeguards are very well-trained, it's possible that they could miss a single child being in distress due to the other factors they have to focus on, from other parents asking questions to make sure that kids aren't running and diving. The best thing to do is to act as your child's personal lifeguard and accompany them. 

Make sure flotation devices are Coast Guard approved. 

While a pool noodle, kick board, or inner tube may seem like a suitable flotation device, they are not ideal. Life jackets and other devices that get buckled or tied around your child are better ways of making sure that in an emergency, they cannot escape the grip of the person in the water. This ensures that even if you step away from the pool for a minute, your child can't escape their water wings and risk drowning. 

Talk with your child about the rules of the pool. 

The best method of responding to poolside accidents is preventing them from ever occurring. Explaining the rules (don't go in the water alone, don't run on the pool deck, no diving, etc) and why they're rules is an excellent method of prevention. Explanations make it so your child understands the concept, instead of just feeling like you as the parent are laying down rules to strip away the fun from the activity. 

 If you or your child do experience a pool accident or drowning injury, contact us to set up a cost-free consultation to determine the legalities connected to the incident and what we can do for you. 


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Third Floor
Woodland Hills, CA 91367-7418

P: 818-992-2919
F: 818-992-2940


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.