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Who is at Fault in a Jaywalking Pedestrian Accident?

Thursday, December 07, 2017

Almost everyone has jaywalked at some point in their life. Maybe at first, you are very diligent about making sure there are no cars even in sight, but after enough jaywalking, you tend to get a little lax with making sure things are safe. This is where jaywalking becomes dangerous as well as illegal.

Jaywalking is illegal for a very good reason. If you get hit at a crosswalk, usually it is because a car was going a little too fast. However, in jaywalking cases, often a car isn't slowing down at all, which can lead to catastrophic injury or even death. In these cases, you or your family may be able to file a personal injury case for compensation, but can you even recover damages if you were jaywalking?

California law states that a pedestrian must yield the right of way to motor vehicles if they are crossing anywhere other than a crosswalk. However, this does not mean that a pedestrian will have no right to damages if they were injured while illegally jaywalking. California is also a comparative negligence state, which means that if the driver also shared a percentage of the fault in the accident, they may be able to pay a percentage of the damages. Unfortunately, if you are determined to be more than fifty percent at fault for the accident, you cannot recover damages and you may need to pay for the other parties injuries.

Jaywalking is something you shouldn't be doing, but people still do it. However, it can make pedestrian accident cases much more difficult, which is why you need a skilled attorney on your side to make sure you can and should pursue damages for your injuries. If you have been in a pedestrian accident in the greater Los Angeles area, contact us today.

Are You Liable if Someone Trespass To Use Your Pool and is Injured?

Thursday, November 30, 2017

Pools are a great thing to enjoy when it starts heating up out there. You can enjoy them privately or with your friends and family. However, owning a pool can make them an attractive target to other people, particularly children and teens. Some might find it a thrill to sneak onto your property while you are asleep or away and take a quick dip. Mostly this is harmless, if not just plain unnerving, but what happens if that trespasser is injured?

Many landowners in California would be surprised to discover that the state has very little distinction between people you invited over and people who were trespassing. The law used to state that children injured on the property for trespassing were to be covered in case of injury or death by those who owned pool or playground equipment under attractive nuisance. However, that was repealed and replaced with the current law that states landowners are responsible for trespasser injuries if their property is not kept in safe condition.

This means that if a trespasser using your pool slips and injures themselves, you could technically be held responsible. However, if you made the effort to fence off your pool area or put down flooring that is naturally non-slip, you may be able to argue against it.

The truth is that in terms of trespassing, property liability can be a very difficult area of the law to sort out on your own. This is why if a trespasser was injured on your property, you need to contact us right away. The Law Office of Freeman and Freeman can help sort out the small distinctions and loopholes in your case so you don't have to cover the injuries of someone who was technically committing a crime.

Is There Liability for Stray Dog Bite?

Thursday, November 23, 2017

Often when a person is bitten by a dog, the owner of the dog is held liable for their pet's actions. As such, lawsuits can be pressed against them to cover the extent of medical bills. However, not every dog has an owner. If you were attacked by a stray dog, what happens then? Is anyone held liable?

Those bitten by a stray dog may first look to the city as liable. After all, they are responsible for animal control. However, it is very rare that if you were bitten by a stray dog that anyone will be held responsible for the attack. There is one clause that states if the dog was already picked up and put in animal control, and it for some reason escapes, then the city can be held responsible for any injuries that occur. Yet, those circumstances are very rare. This means that if you are attacked by a stray, you will need to cover your own medical bills.

If you were attacked by a stray dog, your first priority is to get to safety. Afterwards, call emergency services in order to seek help for your injuries, and, if the dog is still present, be sure to contact animal control right away so they can prevent any more injuries from occurring. This is particularly important so they can arrive with or before emergency services to prevent the paramedics from becoming injured as well.

While there is not much we can do for you in the event of a stray attack, if it does turn out that the dog belonged to someone, even if they abandoned it somewhere, that dog's owners can still be held liable for the attack. If you were attacked by a dog, contact us today to see what we can do for you.

Who is Liable if a Bicyclist Gets Doored?

Thursday, November 16, 2017

Riding your bicycle in a city is filled with many dangers. Many drivers do not yet know how to share the road with cyclists, meaning that the rider has more to worry about than your average motorist. However, while cyclists need to mind motorists and pedestrians, they also need to pay attention to the point where motorists are about to become a pedestrian – when they leave their car.

Riding along a line of parked cars is always a major worry. One car door opening immediately in front of a cyclist can make it dangerous to dodge and difficult to stop. However, for the cyclist that actually does get doored, who is at fault?

Traffic laws for cyclist require them to ride in the bike lane if available or to the right of traffic. Both circumstances will put them very close to parked cars, with bike lanes typically giving them a little more clearance. However, it is not so completely uncommon for drivers to park in a way that leaves their car in the bicycle lane as well. This makes things frustrating and dangerous. However, one thing is for certain, in most cases if a cyclist gets doored, the motorist is responsible.

Part of a driver's rules of the road states that before opening a car door, they need to check if it is safe to do so. While a driver can argue that a cyclist should have been able to dodge if there was no traffic, and thus contributed to the accident, that is not always valid. There is no denying the rules that state a driver needs to check their mirrors to make sure the door zone is clear before opening.

If you have been in a bicycle accident, regardless of if you are the driver or the cyclist, contact us today. By examining the details on a case-by-case basis, the Law Office of Freeman & Freeman can help make sure that you aren't stuck with the bill.

Who Can File for a Wrongful Death Claim?

Thursday, November 09, 2017

Losing a loved one is an emotional experience and a traumatic event that can change everything, especially if they were taken away long before their time in an accident. Furthermore, losing a loved one, especially if they are a primary earner of a household, can put a huge financial strain on the family and increase the stress for all parties involved. However, if your loved one was killed in an accident due to unsafe work condition or sheer negligence, then your family shouldn't have to shoulder the financial burden of putting them to rest and losing their income.

Wrongful death suits are the result of losing a loved one in an accident where someone died as a result instead of was just simply injured. This can include auto accidents, personal injury incidents, and on-the-job accidents, or the result of a dangerous or defective product. However, not everyone can file a wrongful death claim. In California, only a select few people are allowed to file a wrongful death claim.

In most cases, it is usually the surviving spouse or children of the deceased. However, in some cases where there are no children or surviving spouses, then a wrongful death claim can still be filed by a relative who would be entitled to property or assets through the estate. Finally, those who are financially dependent on the deceased, even if they are not related by blood, such as stepchildren, can also file by California state law.

If you have lost a loved one due to an accident or the sheer negligence of someone else, don't suffer in silence. Through a wrongful death suit, you can not only cover funerary expenses and final medical bills, but you may be able to get compensation to cover their loss of income as well. Contact us today to see what we can do to represent you.


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Woodland Hills, CA 91367-7418

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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.