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Can the Pedestrian be at Fault in an Accident?

Thursday, June 15, 2017

Typically when we think of pedestrian accidents, we somehow think that the car or other vehicle that was involved was strictly at fault and the pedestrian is the victim. This belief is typically because the pedestrian is often hurt much worse than the other party, but could they be to blame for their own accident?

Short answer? Yes, the pedestrian can be partly or wholly at fault for a pedestrian accident.

When determining the fault of a pedestrian accident, much of the proof will need to come from witnesses. Some circumstances, like where the pedestrian was clearly jaywalking, are pretty clear cut. However, if they were struck at a crosswalk, there will need to be someone who can attest that the pedestrian did or did not have the sign to cross. Pedestrians can even be at fault if they were intoxicated during the accident since that impairs their overall judgment.

However, in many cases, both parties share the blame. The driver may have been intoxicated and the pedestrian may have tried to chance it and cross the street on the do not cross sign. In most states, these cases are handled by comparative negligence, in which the injured person’s damages are reduced by a percentage equal to the share of their fault.

If you have been in a pedestrian accident, whether you are driver or pedestrian, and believe that the other party is at least partly to blame and you aren’t getting your justice, contact us today. The Law Office of Freeman & Freeman is ready to fight for your rights.

Common Causes of Motorcycle Freeway Collisions

Thursday, June 08, 2017

Riding your motorcycle down the freeway, speeding along can be an exhilarating experience, but that doesn’t change the fact that it can be a dangerous place for vehicles, motorcycles in particular.  Due to a motorcycle’s slim profile and exposed nature, not only can they go unnoticed by drivers, but if a collision does occur, motorcycle drivers are significantly more at risk for serious injury. This means that a crash that could lend to a few scrapes in a car driver could end up seriously maiming a motorcycle driver since they are not encased in that protective shell.

Common causes of freeway motorcycle accidents include:

  • Driving at unsafe speeds
  • Driving while distracted
  • Failing to check blind spots
  • Driving too closely to other vehicles

Aside from the negligence of other drivers, motorcycle crashes can often be made worse by defective motorcycle parts and poorly functioning safety equipment. Depending on the circumstances of the crash, motorcycle riders may be entitled to a substantial sum from monetary damages in order to cover medical bills, vehicle damages, rehabilitation expenses, and even pain and suffering. However, these damages are only available to you if it is the other driver’s fault. If it was found that a motorcycle driver was driving recklessly, then the other driver, in turn, might seek damages.

If you were in a motorcycle accident on the freeways around Los Angeles, contact us today. The personal injury lawyers of Freeman & Freeman believe in sharing the road and make sure the victims are taken care of when that doesn’t happen.

Burn Injuries - The Physical and Emotional Pain

Thursday, June 01, 2017

If you are suffering from a burn injury or the disability that has resulted from this type of injury, you are enduring one of the most excruciatingly painful experiences one could possibly endure.  Even a small burn is painful, but when you have suffered burn(s) to a large portion of your body or a part of your body that has rendered you unable to carry on the normal daily activities due to hospitalization, medical treatment, rehabilitation, surgeries, etc., you deserve to be represented by attorneys who know the law and can work for you to ensure you are receiving the most appropriate medical treatment and compensation for all that you are enduring as the result of the incident,  If someone's neglect or failure to adhere to safety standards has resulted in you suffering through the pain and long recovery of a burn injury, contact us immediately.  The lawyers at Freeman and Freeman will assist you in every legal aspect regarding your medical treatment, your recovery, and overall compensation for the pain and suffering, including possible psychiatric impairment, that has resulted from someone's negligence.   

A severe injury of this type leads to a long-term medical treatment plan and recovery plan. The hospitalization periods vary significantly depending on the percentage of your body burned, as well as the degree of the burns. The road to complete recovery is a long one and can take its toll on you physically and mentally, as well as cause financial hardship and undue stress on your family. A burn injury can lead to long-term psychiatric impairment as well that can manifest itself in many ways. Treatments of burns are painful in many ways, both physically and mentally. The scars the burns leave behind are not only on your body, but they are in your mind and may also leave scars on your relationships and/or your family. 

You do not have to endure the pain of a burn injury, in addition to the legality of someone's carelessness or neglect on your own while trying to recover from the injury itself. Contact us to make an appointment to speak with you or your personal representative regarding your legal options. You deserve the best treatment available and you deserve to be fully compensated for the pain and disability you are enduring, or will continue to endure due to permanent disabilities. 

Understanding The Complexities Of A Traumatic Brain Injury Lawsuit

Thursday, May 25, 2017

If you or someone you love has suffered from a traumatic brain injury, you know how difficult they can make a life. Lawsuits for one of these injuries can be complex and difficult to understand, but they may help you get the money necessary for a full recovery.

Recovery Is Possible But Difficult

There are three main types of traumatic brain injuries: mild, moderate, and severe. Mild injuries make up about 80 percent of all injuries. These typically cause some physical and cognitive changes. Most people will recover from them within six months, but as many as 15 percent may suffer from long-term problems.

Moderate and severe injuries are typically a long-term or even permanent problem. They can severely decrease a person's physical and cognitive skills. In fact, it may even be necessary for a person to get some form of care for the rest of their lives. Pursuing a lawsuit in this instance may help a person get the money they need to recover.

The Complications Of A Lawsuit

That said, filing a lawsuit for a brain injury suffered at work can be difficult. It is necessary to prove that the employer committed a form of negligence or an intentional wrong.

For example, if they neglected to provide a job site with an adequate number of hard hats and this led directly to the brain injury, a lawsuit may be pursued.

It is also necessary to prove that the person suffered a brain injury and that the injury was not a pre-existing one. Doing so can be difficult.

However, if you are successful, you can receive damages as diverse as medical expenses, pain and suffering, rehabilitation services, property damage, income, and diminished earning capacity.

Please contact us today if you need help with one of these difficult and traumatic lawsuits.


Understanding Duty Of Care In An Infant Wrongful Death Case

Thursday, May 18, 2017

When a new baby is born and a doctor may have caused their death, it is an emotionally devastating situation. Lawsuits for this kind of wrongful death case can be very difficult for parents to pursue on their own. This is particularly true if they don't understand the nature of the doctor's duty of care.

What Is Duty Of Care?

A physician that provides treatment to patients has what is known as a duty of care. This duty means they are responsible for ensuring that your infant doesn't suffer from any injury or death while they are being treated. It is a very serious legal responsibility.

Breach Of That Duty

In these cases, the doctor must have breached their duty in a serious way. The baby can't simply have died due to natural causes or circumstances beyond the doctor's care. For example, a newborn with a hole in their heart may die when being delivered. That is not the doctor's fault and they cannot be sued for it.

However, if the doctor had noticed the hole in the baby's heart in an ultrasound and failed to provide adequate care during delivery, they may be liable. Other instances include mistakes made during delivery, such as adding too much painkiller.

Defense Can Be Harsh

The defendant in these types of cases will typically try to prove they did nothing wrong or that the parent was at fault. These can be very devastating cases for a parent to pursue, particularly if they plan on doing it alone or don't understand the statute of limitations on the crime.

Unlike murder, there is a limited amount of time you can pursue this type of case. So please don't hesitate to contact us to get your case in order.



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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.