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Personal Injury Blog

How to Be Safer When Using an Uber

Wednesday, May 22, 2019

Uber is supposed to be the safer option: better, for example, than attempting to drive drunk in an unfamiliar city. Unfortunately, many people are skeptical about Uber rides--and with good reason. Fake drivers are out there--and they know how to convince you that they are, in fact, your Uber driver and that they're there to pick you up. Try some of these strategies to stay safer. 

1. Make Sure You Have the Right Driver

Before you get into the Uber, double check to make sure that you have the driver that the app says is coming to get you. The app provides a lot of information about your driver's vehicle, including the make, model, and license plate number of their car. The driver won't be offended if you walk around the car or check them out before you get in. You're just keeping yourself and everyone in your party safer!

2. Buckle Up

Any time you get into a moving vehicle, you need to be buckled in. Uber vehicles are no different from other passenger vehicles: they provide no extra protection against an accident, nor does the driver receive extra training about avoiding accidents or keeping their passengers safe. Buckle up as soon as you get in the car. 

3. Pay Attention

You've paid the Uber driver to get you safely to your destination. To many passengers, this means you can simply turn your attention to your phone or your friends. After all, your driver has GPS and knows the area. They don't need your input to get there. 

Paying attention, however, can let you know if any red flags are being raised. Is the driver taking the wrong route or headed toward a place you don't recognize? Is the ride taking far longer than it should have? Is the driver displaying signs of erratic behavior? By paying attention, you can increase the odds that you'll notice a problem before it leads to serious danger. 

4. Know When to End the Ride

If you call for an Uber, you always have the right to cancel or end the ride--even in the middle of it. You can end your ride early for any reason. If you feel unsafe, the driver is behaving erratically, or your gut is telling you to get out of the car, trust your instincts. This is particularly true if you notice your driver speeding, driving distracted, or ignoring traffic laws. If you end the ride, you can request another driver to take you the rest of the way to your destination or use an alternate form of transportation to get there. It may take a little longer, but if you feel unsafe, it's not worth taking the risk.

5. Leave Reviews

Did you get in an Uber with a driver who did not behave safely behind the wheel? Did they drive distracted, appear to be drunk, ignore traffic laws, or do something that made you uncomfortable? Leave a review! Not only does Uber seriously consider these reviews and check over them on a regular basis--in some cases, leading to the removal of drivers from their pool--your review can also help other riders decide when to avoid a driver who could cause a danger to them. While those reviews can't always prevent accidents or ensure safety, they can help prevent someone else from having a bad experience. 

Did you suffer injuries from an Uber driver, in spite of your best efforts to be safe? Do you need legal help to get the compensation you deserve after an accident? Contact us today to learn how we can help.


How is Liability Assigned in a Multi-Car Accident?

Thursday, May 02, 2019

While assigning liability is always a complex matter in auto accidents, multi-car accidents are an entirely different matter. If you were rear-ended, the car in the back would be saddled with liability. However, it is more difficult to assign liability when more than one vehicle is involved. Furthermore, because of the number of vehicles involved, the damage to your own vehicle as well as your body can be extensive and costly. Unfortunately, when there are a number of different cars responsible for the accident, it can be difficult to pinpoint liability for the damage.

Assigning Liability

In a multi-car crash, you don't file insurance claims for damage caused by different cars. Instead, typically liability is assigned for the crash. In most cases, the driver that started the chain reaction will be held liable for the accident. However, all drivers involved have a certain liability to an extent in the accident as well.

Most commonly, lawyers will work with police officers to try and find out who started the chain reaction in the accident as well as why it happened. It is easier for all parties if the person responsible confesses, but things don't always work out like that. Once the cause of the accident has been determined, if it was caused by negligence, such as distracted driving, then it is likely their insurance will be paying for all the damages. However, if something that was beyond their control caused a multi-car accident, then the liability for it may not solely rest on their shoulders. By not being able to brake in time to prevent the accident, all the cars involved have some liability. So if the initial driver lost control of the car due to something like ice (a rarity in California, but a good example) then they would not maintain sole liability for causing the accident.

The Biggest Complications in Multi-Car Accident Cases

As one would expect, if you were in a multi-car accident, the whole affair is going to take more time and money to resolve than your standard two-car auto accident cases. In truth, the biggest hang-up is often assigning liability for the accident to see whose insurance will be covering the damage. This requires the gathering of evidence and reconstruction of the accident to concretely prove. If you are lucky, the accident will happen in front of a traffic camera, a piece of evidence that will speed things up significantly, but not always a viable option.

Furthermore, as these accidents are often of a lethal nature, it is even more unlikely that a person will claim the fault if they are also looking at a wrongful death suit. If you have been in a multi-car accident, you should expect that it will take exponentially longer for the case to conclude. As it takes time to gather the necessary evidence as well as assign fault, it could very well be years before it reaches its conclusion.

Need Help?

Have you been involved in a multi-car accident and want to know when or even if you will receive compensation for damage and injuries related to the crash? You will want to find yourself legal representation to make sure your interests are fully represented in the matter of the crash so that you will get the compensation you need to get back on track. Contact us today to see what the Law Office of Freeman and Freeman can do to help you. We are dedicated to being an advocate of those injured in California and we are ready to fight to make sure you get the compensation that you need.

6 Common Causes of Wrongful Death Medical Malpractice Lawsuits

Thursday, April 04, 2019

When you go to a doctor, you want to know that they are going to help you. But unfortunately, a lot of times a doctor or a medical professional makes a mistake that causes their patient's death. Below are six common reasons for wrongful death lawsuits due to medical malpractice.

Missed Diagnosis or Misdiagnosis

A common reason that people file wrongful death lawsuits due to medical malpractice is because of a healthcare provider not correctly diagnosing a medical condition that threatens their patient's life.

Another situation that is similar is when a doctor completely misdiagnoses their patient, or they diagnose them with something the patient doesn't have.

Birth & Delivery

When what should be a happy occasion becomes tragic, this is one of the most heartbreaking reasons for medical malpractice. When a child or mother dies during birth, it's something that a lot of families have trouble enduring.

It doesn't matter if the death happens prior to, during, or following the birth, a doctor might be in deep trouble legally if their negligence caused a death.

Surgical Mistakes

Mistakes during surgery are the misjudgments or mistakes that could occur during surgery. If the patient dies because of this mistake, whether they die while on the surgical table or it happens, later, because of surgery complications, it's important to seek justice.

A wrongful death lawsuit from medical malpractice due to surgical errors can be really hard for the family to fight since surgery is almost always risky, but it can happen.  

Abuse in a Nursing Home

The last thing that someone wants to think about is that their loved one is being abused in the nursing home, but it happens. That's why it's one of the most common reasons for wrongful death lawsuits due to medical malpractice.  

When you believe that someone's died because of negligence or abuse in a nursing home, it's essential that you speak with a lawyer to find out what they can do to help you. You trusted the people in the nursing home to care for your loved one. If your loved one died because of them, you should hold them accountable.

Wrong Medications and Prescriptions

One type of medical malpractice that people don't think about is when a doctor prescribes the wrong medication. If someone has died because they were prescribed or given the wrong medication, this could lead to a wrongful death lawsuit.

This could happen because they prescribed the medication that killed the patient. But it also could the result of them not prescribing the right medicine that could have saved someone's life.

Prolonged or Delayed Treatment

It's really heartbreaking when someone dies. But it's even worse when they died due to the doctor delaying their treatment or because the doctor took too long to diagnose their loved one.

This kind of lawsuit also can happen if someone didn't begin the needed treatment in enough time because their doctor didn't diagnose them quickly enough.

Whether the patient didn't get their treatment, or the treatment started too late, having a wrongful death lawsuit might help with settling things down and ensuring that the doctor is held responsible.

Even though filing a lawsuit isn't going to bring your loved one back, it can help you with getting some closure and help with paying their final bills. It also helps to ensure that they're held responsible and that they won't do it to another patient. The last thing that you want is for someone to go through the pain and suffering that you are experiencing right now. Filling a lawsuit can help bring the medical professional's mistakes to light.


Can a Jaywalking Pedestrian Seek Compensation For an Accident?

Friday, February 15, 2019

If you live in California, you likely seek more than one jaywalker every day whether you are walking or driving. Chances are, if you are walking somewhere, you might be the one jaywalking because literally, everyone else seems to do it. If the roads seem clear, then making the extra effort to walk to the nearest crosswalk seems like a waste of effort and time when you can just cross right there. Unfortunately, there are laws against jaywalking specifically because of how unsafe it is for pedestrians. Yet, the question remains, if a pedestrian is struck by a driver while they are jaywalking, can they still get compensation for the accident?

The short and easy answer? Like usual, it is a maybe.

Duty of Care Required By Drivers and Pedestrians

By California law, both driver and pedestrian are required to exercise a certain duty of care that can be at play in these cases. Drivers are required to yield to the right of way of pedestrians at both marked and unmarked crosswalks at intersections. They are expected to reduce speed when approaching an intersection with potential pedestrians and take caution for any crossings. Unfortunately, there are times when the driver can't spot a pedestrian, and this becomes more likely when a pedestrian is jaywalking.

Similarly, the pedestrian is expected to take the same duty of care by not leaving the curb and walking into oncoming traffic. Doing so not only puts their safety at risk but the safety of the driver as well. Having to make an unexpected stop even at a crosswalk is dangerous when driving with even light other traffic as the driver can cause other auto accidents trying to avoid the pedestrian.

In truth, this duty of care still extends to jaywalking by both parties. However, as the pedestrian was jaywalking, it often limits their ability to get compensation for the accident. Though, the pedestrian is not without options. If the driver was also behaving badly, compensation can still be recovered.

Jaywalking pedestrians can still recover compensation if the driver was:

  • Speeding

  • Intoxicated

  • Distracted Driving

Unfortunately, all of the above can occasionally be difficult to prove without the help of a skilled lawyer.

California Comparative Negligence

As a comparative negligence state, the portion that the jaywalking pedestrian can be placed at fault will be deducted from the compensation they can receive. For example, if a pedestrian who was jaywalking was deemed to be about 50 percent at fault for an accident with a driver that was speeding, they can only recover 50 percent of the damages awarded by the court.

This does mean that even if you were jaywalking, you can still recover some compensation if you were hit by a motorist. However, it also means that you might not recover all the compensation that you need to cover your medical bills. For this reason, it is really best if you just make the effort to walk to the nearest crossing. Being hit by a car is pretty traumatic, but if you have to be hit by a car, you should at least be able to recover full compensation for it because you were both following the law and exercising your duty of care as a pedestrian.

Need Help?

Were you one of California's many jaywalking pedestrians that just, unfortunately, happened to be struck by a car? As you were doing something illegal, you may think your options for recovering compensation simply don't exist. However, that isn't true at all. Contact us today so we can look over your case. Come see how the Law Office of Freeman & Freeman can help you get the compensation that you deserve from a traumatic pedestrian accident.

You Have a Strong Case, But A Lawyer Won't Take It

Thursday, January 03, 2019

You don't have to be educated in the law to know what makes a strong accident case. If you were in an accident that was not your fault with your vehicle totaled, it looks like you have a pretty solid case. However, when you take it to a personal injury attorney to get your injuries and other damages covered, they turn you down. For most lawyers, they will explain why they won't take your case. However, sometimes that answer isn't really enough to satisfy you. 

So why isn't a personal injury lawyer taking your case?

In some instances, a law firm may simply be too busy to take your case. In fact, if you don't get a yes, this is the answer you want. No one wants a law firm that is technically too busy to try and take their case. It won't get the attention that it deserves.

However, aside from that very reasonable excuse not to take on your case, the main reason is that your case isn't as strong as you think it is. Even if you know that it is not your fault, legal cases are all about being able to prove it. The biggest reason that a law firm won't take your case is that they don't think they can prove it, or it would be too much of a challenge to do so.

The law firm would be responsible for presenting evidence that supports the fact that the accident was both not your fault and caused your injuries. For most accident cases, this isn't as hard. They will gather witness statements, examine police reports, and often evidence can be gathered from simply examining the scene of the crime.

Another big issue comes with proving how much you were hurt. If you were in an accident other than an auto accident, compensation comes from covering your injuries. However, they will need to prove the extent of those injuries. This is where problems can come from. Certain injuries, such as spine or head injuries, can be very tricky to prove. Furthermore, they can be worse than anyone imagines, so it is difficult to prove and get adequate compensation for them.

What does all this have to do with a lawyer not wanting your case? 

 The reason is simple: they don't want to lose. Some lawyers get paid only if they win, so if they don't win then that case has been nothing but a waste of time. Even if a lawyer does get paid for their time even if they lose, fighting a case that is extremely difficult may not be worth their time either. It means they have less time for other cases and it is a detriment to their firm.

If you have had your case denied by a law firm, it is not the end of the world. However, if you have had your case denied by several law firms, there is usually a reason for it. It is too difficult to prove and too difficult to win. However, in these cases, it may be tempting to give up. Yet, for those in an accident, giving up on their case may not be an option. You need that compensation for expensive medical bills and you need a lawyer that will help you fight for it.

If you have been in an accident in the greater Los Angeles area and need a lawyer that is willing to fight for your case, contact us today. The Law Office of Freeman & Freeman is ready to help you go over your case as well as to point out any specific problem areas that may occur.



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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.