Ride-sharing companies like Uber have been increasingly popular over the years. This convenient transportation service has been used by millions of people around the globe. However, even though the smart app is safe and reliable, ride-sharing Uber accidents do happen and can become a serious problem really fast. If a person got into an Uber accident, he/she may be wondering what should be done next. In case they have been injured, they may have some medical expenses to cover, may be suffering from pain, or might be out of work because of the injuries they have caused. For starters, discussing and defining which law this falls under in the state of California when it comes down to car accidents, Tort Law.
California is a tort state where drivers who cause accidents pay money to the injured victims. "A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, 'injury' describes the invasion of any legal right, whereas "harm" describes a loss or detriment that an individual suffers." There are three types in this matter: Intentional Tort, Negligent Tort, and Strict Liability Tort. With that said, this rule applies to a pedestrian, a passenger, or another motorist who is hit by a ride-sharing driver.
Whenever a person is involved in a car accident, he must make sure to get as much information as possible about the accident. This means taking note of the road conditions, location and time of day, and much more. An injured person must get the following evidence after the accident:
The issue of liability can be complex, and determining liability is critical to getting compensation. The following parties may be liable for injuries in an Uber accident:
There are two categories of damages for personal injury claims: economic and non-economic.
Economic damages include:
Non-economic damages are awarded for injuries that are difficult to assign an objective monetary value. Common non-economic damages include:
The amount of damages that a victim can recover depends on the extent of the injuries and the circumstances surrounding the accident. In case the victim was partly at fault for the accident the amount he may be able to recover can be decreased.
In California, Uber accident victims may not recover non-economic damages in case they don't carry liability insurance, per Proposition 213. Thus the motorists who drive a vehicle without valid car insurance are acting at their own risk of personal safety. In case a person doesn't have insurance, he may not recover compensation for:
Though economic damages are still fully recoverable.
When an injured person reaches his maximum medical improvement after the Uber accident, he must submit a demand for compensation. A demand letter should concisely:
If you sustain any injuries due to an Uber accident, please contact KAASS LAW. We provide free consultations for personal injury matters, especially if you sustain injuries from an Uber car accident. Our team knows how to speak with adjusters and provide guidance on what to do and which direction to lead so we can fight for your financial compensation for the damages that you received. Do not admit to anything of being at fault. Don't sign any documents without first speaking with us first. We have experience in handling and collecting evidence to support your claim. Speaking with an insurance agent can potentially harm your case without you knowing. If you were involved in an Uber accident in California, we invite you to hire our dedicated Los Angeles Uber accident lawyer today at (310) 943-1171 for a free consultation.
Riding the open road with the wind hitting your way can be eventful in your motorcycle rental. However, things can go sideways when dealing with a collision that puts bodily harm upon yourself. Since the vehicle is not yours, or if the other party collided with you with a rented motorcycle, the question arises. Can I sue a rental motorcycle company for this accident? This is a valid question to ask, and here at KAASS LAW, we can help. We understand the devastating impact accidents can have. Furthermore, we dedicate to helping injured individuals understand their rights and pursue just compensation. The following will explore the circumstances under which a rental motorcycle company might be liable for an accident. As a result, this will bring challenges involved in such cases.
When the driver of a rental vehicle is a part of the accident, it is important to know who is liable and how the injured victim must get compensation for the caused injuries. Usually, incidents where a rental motorcycle has been obtained by a driver do not lead to a case because the driver accepts responsibility for the motorcycle, and the rental company can't be responsible for damages to the victim. Though, it is often difficult to discern without a thorough investigation which insurance carrier must provide funds. When the driver has purchased a rental company's insurance, less coverage is allocated to the driver than his own insurance would allow. Generally, a renter needs to get his own liability insurance to rent a car, and if he doesn't, he is supposed to buy liability insurance with minimum coverage through the rental vehicle company. In California, rental vehicle companies do not automatically provide protection to a renter as part of the rental agreement, though some do provide minimum liability protection to international renters. In case a person is suing a driver of a rental motorcycle for causing injuries, usually, he will have to establish the elements of negligence such as duty, a breach of duty, causation, and damages. But, in case the driver has insufficient insurance coverage for the accident, whether, through his personal insurance policy or a policy from the rental motorcycle company. The injured person may not be able to recover the full scope of the damages. Even if he manages to establish the driver's liability for the accident.
According to California Vehicle Code Section 406(a), a "moped" or "motorized bicycle" (also known as an electric bike or e-bike) is capable of no more than 30 mph on level ground with fully operative pedals for human propulsion, or an electric motor, with or without pedals for human propulsion or a motor producing less than two gross brake horsepower and an automatic transmission. In California, electric bikes are not considered motor vehicles, and the riders are not required to have a license for operating them. An e-bike doesn’t need to be registered with the state. E-bike riders are not required to comply with California's financial responsibility law and are not required to have liability insurance. California State legislature passed Assembly Bill No. 1096 which classifies e-bikes into 3 categories based on the method of operation and maximum speed.
Class 1: E-bike with a top assisted speed of 20 mph that must be pedaled Class 2: E-bike with a top assisted speed of 20 mph that does not have to be pedaled Class 3: E-bike with a top assisted speed of 28 mph California laws also require the rider to obey the following basic bicycle laws:
California, with its diverse terrain and scenic highways, is a haven for motorcycle enthusiasts. However, the freedom of the open road comes with responsibilities. California law mandates specific equipment requirements for motorcycles to ensure rider safety and promote responsible riding practices. Furthermore, certain modifications are illegal so we may prevent unsafe conditions and excessive noise pollution. At KAASS LAW, we commit to promoting motorcycle safety and helping riders understand their legal obligations. The following will provide a comprehensive guide to the required and prohibited motorcycle features in California, empowering you to ride legally and safely.
California law mandates several essential pieces of equipment for all motorcycles operating within the state:
Like residential and other commercial property owners, hotel owners have a duty of reasonable care and keep the property in a safe condition by discovering unsafe conditions and replacing, repairing, or giving adequate warning of a dangerous condition that can cause injury or harm to someone.
According to CACI 1001, hotel owners are legally responsible for dangerous and unsafe conditions that they either knew about or should have reasonably known. According to California law hotel owners are particularly required:
Hotel owners are also liable for the acts of their employees who are acting within the course and scope of their employment in case they create a dangerous or unsafe condition that can cause injury to someone. the hotel owner is presumed to have notice of that condition, by law. Hotels aren’t legally liable for injuries caused by unforeseeable events. A hotel can be responsible for failing to protect the visitors and guests from criminal acts in case it fails to provide chain locks, deadbolt locks, peepholes indoors, and other security devices to avoid contact with criminals.
Electricity powers our modern world, but it also poses significant dangers. Electrocution and electric shock accidents can cause devastating injuries, including burns, nerve damage, cardiac arrest, and even death. At KAASS Law, we understand the profound impact these accidents can have on individuals and their families. We commit to helping victims of electrocution and electric shock accidents seek justice and obtain the compensation they deserve. The following will explore the causes and consequences of these accidents, highlighting your legal rights and how we can help you navigate the complex legal process.
Electric shock injury happens when a person’s body becomes part of an electric circuit, the electricity flows between parts of the body or through the body to the ground. Symptoms of an electric shock injury depend on the current’s frequency, the path through the body, the amount of current flowing through the body, and the length of time the body remains in the circuit.
Injuries resulting from electrocution and electrical shocks include the following:
Stairways, a seemingly mundane part of our everyday lives, can pose significant hazards if not properly constructed or maintained. A simple misstep on a faulty staircase can lead to devastating injuries, including broken bones, spinal cord injuries, and traumatic brain injuries. In California, property owners have a legal responsibility to ensure the safety of their premises, including stairways. If you've been injured in a stairway accident, understanding your rights and the complexities of premises liability law is crucial. At KAASS Law, we are committed to helping victims of stairway accidents seek justice and obtain the compensation they deserve.
Here are some specific reasons that most stairway falls occur:
Slip and fall accidents are more common than you might think, especially in California. Picture this: you're walking down a grocery store aisle, and suddenly, you find yourself on the floor, nursing a twisted ankle or worse. These incidents, often dismissed as minor mishaps, can lead to serious injuries and significant expenses. If you have an injury due to a slip and fall accident in California, understanding your rights is crucial. Personal injuries that cause slip and fall accidents are under premises liability laws. This allows victims, injured as the result of the negligence of the property owner to recover compensation for their injuries.
According to Civil Jury Instruction 1000, the plaintiff must establish the following four elements to prove a premises liability claim:
Med Pay coverage in California (also known as medical payment coverage) is a type of optional insurance which covers bodily injuries caused by an auto accident. This type of insurance does not only cover injuries of a policyholder, but also covers injuries for the passengers who were involved in the accident as well. The unique quality about Med Pay is that medical expenses related to the injuries are covered no matter who is at fault for the accident. Advantages of medical payment coverage are that the policyholder and his/her family members can claim damages in case they:
Primary coverage provides the policyholder with a wide amount of insurance. A personal injury lawyer collects the medical bills that the policyholder has accrued after his accident. They bring forth those bills to the driver’s auto insurance, and the company will compensate for the damages.
In California, rental vehicle companies do not have an legal obligation to investigate a renter's driving record. However, the situation is different in case the at-fault driver rented the car with a suspended license. The rental motorcycle company is required to check the license and compare the signatures on the customer's license and the rental agreement. In case the rental vehicle company doesn't follow the mentioned procedure of verification, it may be held directly liable for negligent entrustment. This is when it rents to an incompetent or unfit driver who has a revoked or suspended license. The rental agency can also be liable if the provided motorcycle had a defect that could lead to an accident, and it was known by the company without a fix implemented. So, there was foreknowledge about the defective materials or parts within the motorcycle that were allocated to the victim of the accident. Even if an insurance policy coverage is at the motorcycle company. The business could still be liable for the damages due to the breach of duty. Furthermore, claims go through an insurance provider to guarantee compensation and recovery of the victim.
If you sustain an injury in an accident involving a rented motorcycle, it is important to seek legal consultation as soon as you can. Our personal injury firm can:
At KAASS LAW, we have years of experience in handling personal injury cases, including motorcycle accidents, with rental companies. We understand the complexities of these cases and we commit to helping our clients obtain the compensation they deserve. If you've you've been injured in an accident involving a rented motorcycle, contact us today for a confidential consultation. We will review your case, explain your options, and help you navigate the legal process. Don't face this difficult time alone. Let the experienced attorneys at KAASS LAW fight for you. https://www.youtube.com/watch?v=JdxKaTtFv-A If you’ve been injured in a motorcycle accident, we invite you to contact KAASS Law for a free consultation at (310) 943-1171. Our staff speaks English, Spanish, Armenian, Russian, and French.
E-bike accident injuries can be extensive, including fatalities. As e-bikes are faster and heavier than conventional bicycles, the e-bike force of impact on a pedestrian can be up to forty-five times harder. Here are the most common types of injuries associated with e-bikes:
For holding an at-fault party accountable for the accident, a victim proves that the at-fault driver's negligence was the main factor in the crash. If the driver was impaired, speeding, distracted, or otherwise careless, he can be liable for caused injuries. There are several ways of proving the fault and determining the liability.
In case a defective or dangerous roadway caused a bicycle crash, the city or governmental agency, responsible for maintaining the roadway can be liable for the accident.
In case the crash took place because of a malfunction with the e-bike itself, the victim can sue the manufacturer with a defective design, defective manufacturing or labeling or warning error claims
Potentially liable parties in personal injury electric bike lawsuits also include pedestrians and other e-bike drivers.
A successful e-bike accident claim will include compensation for:
If you or a loved one has been injured in an e-bike accident we encourage you to contact experienced bike accident attorneys at KAASS Law for a free consultation today.
California law also prohibits certain motorcycle modifications that can compromise safety or create excessive noise:
Adhering to California's motorcycle equipment requirements and modification restrictions is not only a legal obligation but also a crucial safety practice. Properly maintained and legally compliant motorcycles contribute to a safer riding environment for everyone on the road.
Riding under the influence of cannabis in the state of California can result in a DUI charge. As a result, a rider can get penalties and fees, including suspension of a motorcycle rider's license and driving privileges. In case the motorcyclist caused an accident while under the influence of cannabis, he can be financially liable for injuries and other damages.
Lane splitting is when a motorcycle rider drives between two lanes of traffic to get around other vehicles. In the state of California, it is legal to practice lane splitting on the state's roadways. Here are regulations related to lane splitting:
At KAASS LAW, we dedicate to promoting motorcycle safety and helping riders understand their legal features or help them understand CA Motorcycle Insurance. As always, we ask our clients and riders to stay safe out there! If you have any questions about motorcycle equipment requirements, modifications, or any other legal matters related to motorcycling, contact us for a free consultation. We can provide guidance and representation to ensure you're riding safely and legally within the boundaries of California law. https://www.youtube.com/watch?v=tEKrzYAGGiU
California law doesn’t directly require a person who wants to use an electronic scooter to purchase insurance. Though, since in California, all electric scooter operators must have a valid driver’s license, and drivers’ licenses require auto insurance, then an e-scooter user will likely have an auto insurance policy. It is worth mentioning that California does not require registration, plate display, or insurance for privately owned electric scooters.
In case an electric scooter operator unlawfully crosses an intersection or mounts and causes injures to a cyclist, pedestrian, or anyone else, the scooter operator can face liability for the incident and inappropriate use of an electric scooter.
An injured electronic scooter rider can be eligible for damage recovery in case he can establish that someone else’s negligence caused or contributed to the accident. This burden of proof takes establishing:
If a person rents an electric scooter from a rideshare service, the company can be legally responsible for any injuries. In case the company fails to properly service a defective or damaged e-scooter or didn’t give proper instructions for use or safety warnings, it can face liability for an injured scooter operator’s damages. If an e-scooter manufacturer released an unreasonably defective or dangerous device that caused injuries to a person, the injured consumer can bring a product liability claim against the manufacturer. In case a vehicle driver negligently hits an electric scooter then the case follows a standard framework to other personal injury claims. [embed]https://www.youtube.com/watch?v=6fl-Gw4mXHE[/embed] Have you been hurt due to a defective electric scooter or a rideshare company’s negligence? If so, we invite you to contact our experienced product liability lawyers in Los Angeles to discuss the details of your situation. Our dedicated attorneys will do everything in our power to help you out!
Common causes of hotel injuries include the following:
To establish the hotel owner’s negligence in a premises liability claim, the plaintiff must be able to prove the following elements:
In California, a victim has two years to file a premises liability lawsuit against the hotel.
If you or a loved one has been injured in a hotel accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation.
Electric shock and electrocution accidents often occur in the workplace. Most electrical accidents result from unsafe equipment or installation, unsafe work practices, or an unsafe environment. Here is the list of workplaces in the United States with the highest rates of electrical accidents and electrocution rates:
When an electric shock and electrocution accidents injury happens in the workplace, the claim is usually covers workers' compensation, which provides lost income payments and medical care to the injured persons. Mostly work injuries in the workplace don't need to prove the employer's fault to get workers' compensation.
Usually, electric shock accident claims are based on negligence and to recover damages after an accident, the plaintiff must be able to establish the following elements:
When an electrical shock happens on another person's property, the property owner can be liable for dangerous conditions which existed on that property. In a premises liability personal injury lawsuit, the plaintiff must be able to prove the following elements:
Determining liability in electrocution and electric shock accidents can be complex. Potential liable parties may include:
Damages a person may be entitled to for an electrocution injury are the following:
KAASS Law: Fighting for Justice in Electrocution and Electric Shock Cases
At KAASS Law, we have a proven track record of success in representing victims of electrocution and electric shock accidents. We can help you:
Don't Face This Alone
Electrocution and electric shock accidents can have devastating consequences. If you or a loved one has been injured in such an accident, don't hesitate to contact KAASS Law. We are dedicated to protecting your rights and fighting for the justice you deserve.
For a free consultation with experienced lawyers from KAASS LAW with proven results, call us at (310) 943-1171.
Falling on a stairwell can result in serious injuries or even death to the person. California has a number of safety code regulations concerning staircases. Common safety regulations include:
To prove the property owner’s fault the plaintiff must be able to establish the following:
The court also takes into consideration whether the plaintiff had a reasonable purpose for being on the stairs, was acting recklessly and his carelessness contributed to the accident.
California law operates under the principle of "premises liability," which holds property owners and occupiers accountable for maintaining safe conditions for visitors on their property. This includes:
California follows a "pure comparative negligence" rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your degree of fault. For instance, if you are found 20% at fault, your damages will be reduced by 20%.
In California, you generally have two years from the date of the accident to file a personal injury lawsuit for a stairway accident. It's crucial to act promptly to avoid losing your right to seek compensation.
Stairway accident cases can be complex. Proving negligence and navigating insurance claims requires legal expertise. An experienced personal injury attorney can help you:
If you've been injured in a stairway accident in California, don't hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet.
If you or a loved one has been injured in a stairway accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
California law operates on the principle of "premises liability." This means property owners and occupiers have a legal duty to maintain safe conditions for visitors. This includes customers in stores, guests in homes, and even trespassers in certain situations. When someone is injured because of a dangerous condition on another person’s property, he can sue either the owner, occupier or possessor of that property. This may include homeowners, landlords, businesses, and other property owners.
According to California Civil Jury Instruction 1003 defendant was negligent in the use or maintenance of the property in case:
If you have an injury due to a slip and fall, taking the following steps can help protect your rights and strengthen your potential claim:
According to California Code of Civil Procedure section 335.1 a victim has a two-year period for the filing of "an action for his injury to, or for the death of, an individual caused by the wrongful act or neglect of another." According to California Code of Civil Procedure section 338 there is a separate three-year deadline for filing a lawsuit over the repair or replacement of personal property was damaged in the slip and fall.
In case your slip and fall injury was caused by the negligence of a government employee then the claim you file must follow a special set of rules. You will be required to provide notice of your claim within a six-month period and give the municipal or state government a chance to respond to your allegations.
According to this rule, any damages award the plaintiff receives will reduce according to the percentage of his fault. A property owner can make different arguments to attempt to pin the blame on the plaintiff. Here are some examples of arguments:
In case the plaintiff’s California slip and fall case makes it to court, regardless of the argument the property owner makes, the state’s "pure comparative negligence rule" will determine how much compensation the plaintiff can get from the property owner. [embed]https://www.youtube.com/watch?v=7o0HMbXd0Vw[/embed]
If you sustained an injury due to a slip and fall accident in California, don't hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet. Are you in need to services for a slip and fall accident? Our Los Angeles slip and fall lawyers at KAASS Law would be happy to help you out in every way we can. Get in touch with us now at (310) 943-1171 for assistance!
Second coverage is not expensive but is only applicable if the driver already possess health insurance. The main advantages of secondary coverage are that the co-pays, deductibles, and the segment of the medical cost that the driver’s insurance company does not pay for will be also covered. Additionally, it is worth mentioning that Med-Pay is not unlimited, and the largest amount a policyholder can receive is $25,000 dollars.
When comparing Med Pay and PIP it can be difficult to decide which one to choose. Depending on your circumstances, it is important to decide which auto insurance coverage would fit you best.
Med Pay covers medical, recovery, and even dental expenses after an accident but it does not replace any kind of health insurance.
PIP coverage is a little more extensive than just covering only medical bills. With this type of insurance rehabilitation expenses, psychiatric bills and occupational therapy costs will be covered. PIP also offers insurance for lost wages.
The insurance covers all related medical payments from when the vehicle accident took place all the way through the treatment process. The expenses can include:
The following expenses are not covered under California medical payments insurance:
Do you have any additional questions about med-pay coverage for a specific situation that you're involved in? You should be able to seek legal assistance from an attorney in your area. KAASS Law offers services throughout Los Angeles County, San Bernardino County, Ventura County, and surrounding areas. If you are located within our service area, feel free to give us a call about any questions or concerns you have regarding your matter. We will try to help you out with the best of our ability.