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Understanding Pedestrian Accidents: Do Pedestrians Always Have The Right-Of-Way?

Thursday, August 11, 2016

California vehicle codes grant pedestrians a great deal of protection, to the point that a popular belief has developed that pedestrians always have the right of way in traffic in the state regardless of the circumstances. This isn't always the case, however. While pedestrians usually have the right of way, they are also expected by the law to exercise the same caution and courtesy that drivers do.

Let's look at some potentially questionable situations. One such situation would be when there is a crosswalk in the middle of the street with no light or sign controlling traffic present. Vehicles are required to yield to pedestrians in these crosswalks according to Vehicle Code 21950. However, the code immediately goes on to state that the pedestrian has a responsibility to exercise due care for their safety, and gives the specific example of a pedestrian jumping off the curb immediately in front of a car as a case where the pedestrian could be found to be responsible for their own injury.

Another example is when a pedestrian chooses to walk across a street that does not have a crosswalk. The code that covers these instances is Vehicle Code 21954. Contrary to popular belief, pedestrians do not have the right of way outside of an established crosswalk. They are required to yield to all oncoming traffic that is near enough to present a potential hazard. However, drivers still have a responsibility to exercise due care for a pedestrian in any roadway; their being outside of a crosswalk is not a free license to get away with hitting them!

Though some pedestrians may believe that California law grants them a right to jaywalk, that just isn't the case and it is very possible to get ticketed for it. For both drivers and pedestrians, common sense and caution should always rule the day at any street crossing.

If you have been involved in a traffic accident and feel you may need the services of an attorney, contact us to learn what your options are and what we can do for you.

A Drone Injury Lawyer Explains the Risks of Operating a Drone

Thursday, August 04, 2016

If you had an unfortunate encounter with a defective drone or a negligent drone operator a Drone Injury Lawyer can help you decide how to proceed. While popular and useful, drones can be operated almost anywhere, by almost anyone. There are no training or licensing requirements for these incredibly popular devices.

While drones are relatively new to the civilian market, there is a body of civil law that applies to drone operation. The legal risks to you as a drone operator come from three possible sources:

Defective or malfunctioning equipment - The operator or the manufacturer, or both, could be liable if defective equipment leads to property damage or serious injury.

Operator negligence - Drunk, distracted or inattentive operators pose a risk to the public. The bigger and faster the drone is, the more the risk posed by negligence.

Invasion of privacy - Individuals might, under certain conditions, be able to win a legal judgment based on the emotional harm caused by a drone. Buzzing around a home with a camera drone and recording through open windows, for example, could lead to legal problems.

Drone operators, like the operators of so many devices, are legally responsible for any damage they may cause through deliberate abuse of the device or through negligence. Some drones can climb to over 400 feet and fly at up to 100 miles per hour. A drone that crashes from that height or at near that speed can cause serious injuries and significant property damage.

If you were injured by a negligent drone operator contact us to discuss your case.


Truck Accidents and Federal Motor Carrier Safety Regulations

Friday, July 29, 2016

Truck accidents can be especially severe. Because large trucks weigh so much more than the other vehicles on the road, collisions involving them are usually devastating. In order to prevent truck accidents, the Federal Motor Carrier Safety Administration has implemented a number of requirements for interstate motor carriers and truck drivers to follow. When a motor carrier or driver fails to follow these rules, they are liable for any accident they cause.

Truck drivers must know how to safely operate their trucks, and if they are carrying anything hazardous, the FMCSA requires that they get additional licensing. Like any other drivers on the road, truck drivers must operate their trucks with reasonable care. The regulations of theFMCSA are intended to ensure that truck drivers operate safely so that truck accidents are limited. Any time a truck driver is involved in an accident, they are required to report it. Another important aspect of these regulations is that truck drivers are limited in the number of hours they are allowed to work per day and per week. A driver that is overly-fatigued is much more likely to be involved in an accident. There are also regulations requiring motor carriers to properly hire, supervise, and qualify drivers.

If you or a loved one has been involved in a truck accident, it is imperative that you consult with an attorney that is familiar with FMCSAregulations. When these rules are violated, it creates a great danger to everyone else on the road. When an accident occurs because of these rules are violated, it is important for victims to get the compensation they deserve. If you would like more information about this issue, or would like to discuss your case, please contact us.

Multiple Fatalities In Bicycle Accident Involving Pickup Truck

Friday, July 22, 2016

On Tuesday, June 7, a pickup truck plowed into a group of bicyclists in western Michigan, according to the New York Times. The crash occurred in the early evening on North Westnedge Avenue in Cooper Township, approximately seven miles north of Kalamazoo.

Reports of Erratic Driving Before Crash

About one-half hour before the fatal accident, three different law enforcement agencies received calls about a pickup truck proceeding in an erratic manner. One witness told a reporter that he had been fishing at a nearby park just before the crash. As he departed, the pickup truck nearly struck his foot. He said he did not have time to warn the bicyclists, and he witnessed the truck plow into them.

Multiple Injuries and Loss of Life

Five bicyclists died at the scene. Emergency personnel took two patients to Bronson Methodist Hospital, while another two patients were transported to Borges Medical Center. One of those was listed in critical condition, according to a hospital spokesman.

After the crash, the 50-year-old male motorist fled the scene on foot, although he was apprehended a short time later. The Michigan State police are investigating, and the motorist may face charges.

When bicyclists are injured or killed due to negligence on the part of the motorist, it is often possible to seek compensation for a variety of losses, which may include medical expenses, pain, suffering and lost wages. Survivors of those that die often seek compensation for loss of companionship as well.

If you or a family member is a victim in a crash, it is possible to review the matter with a bicycle accident attorney at no cost to you. Our firm fights hard to protect the full legal rights of our clients. To learn more about our services, please contact us.


Motorcycle Accidents: Why Motorcyclists Need Advocates

Thursday, July 14, 2016

In a vehicular accident involving motorcycles, motorcyclists are often in greater danger than people in passenger cars or trucks.

Motorcyclists are left exposed on their vehicles, their bodies more vulnerable during a crash. The Insurance Information Institute reports data from 2013 showing that motorcyclists are "26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured."

This information isn't meant to downplay the fact that car and truck occupants can also get injured in a collision with a motorcycle. It only highlights the heightened vulnerability of the motorcyclists.

What can motorcyclists suffer after motorcycle accidents?

Motorcyclists can sustain fatal damage to their bodies. Even if they survive, they may have to struggle with brain and spinal injuries, internal bleeding, organ damage, amputations, broken bones, and disfiguring lacerations.

Their medical treatments often include hospitalization, which can involve days or weeks in intensive care. They may need to undergo multiple surgeries. Along with the immediate treatment for injuries, they may require physical rehabilitation and multiple follow-up checkups.

Depending on the nature of their injuries, they may need to change their entire lifestyle. Maybe they'll no longer be able to work at their current job. Maybe they'll need to rely on wheelchairs, prosthetic limbs, and additional assistive devices. They may have to renovate their homes to accommodate their new medical needs.

It's important for motorcyclists to contact a reputable attorney in the aftermath of an accident. An attorney can help you determine who was at fault during the accident and assist you with exploring different options for covering medical bills and other losses. To best heal, recover, and adjust to your new life, you need an attorney to advocate for you so that you aren't struggling alone with huge expenses.



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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.