The individual or parties responsible for the bicycle accident may be held financially accountable. Therefore, in California, an accident victim may seek compensation by filing a personal injury lawsuit.
If you got injuries while riding in California, you can receive compensation for:
When a bike accident involves a motor vehicle, you should consult an attorney before dealing with the driver's insurance company. The insurance company will generally want to settle the claim for as low as possible. However, your lawyer will communicate with the insurance company on your behalf.
According to the Centers for Disease Control and Prevention (CDC), more than 1,000 bikers were murdered and over 467,000 were injured in the United States in 2015. In 2010, fatal and non-fatal bike accidents cost $10 billion in productivity losses and lifetime medical expenditures. 1 Bicyclist fatalities in the United States increased by 16% between 2010 and 2012. According to the Governors Highway Safety Association (GHSA), California has the greatest number of bicycle deaths. In California, there were 338 bicycle deaths involving motor vehicles between 2010 and 2012.
Even skilled bikers can get a bike injury if they ride a bike. Several variables may increase the risk of cycling injury or death for some persons, including:
Sex: Males are six times more likely than females to die and four times more likely to get injuries when riding a bike. Age: Adults aged 50 to 59 have the highest risk of bicycle fatalities. Children and teenagers (5 to 19 years old) had the greatest risk of nonfatal bike accidents. Alcohol: A motorist or rider under the influence of alcohol was in more than one-third of all fatal bike accidents. Time of Day: The great majority of fatal bike incidents happened between 4 and 8 p.m. Helmet Use: While wearing a helmet may not prevent bike accidents, it can help avoid head injuries or brain damage. The absence of a helmet is a key factor in death or serious injury in bike accidents. California is the most populous state in the United States. Urban regions, particularly in Southern California and the Bay Area, enjoy mild year-round temperatures, making riding popular all year. Bike commuters, competitive racers, and recreational bikers are all included. Because of the state's heavy traffic, bicycling is an appealing alternative means of transportation for those who wish to avoid waiting in traffic on their way to work. Many locations in the state's metropolitan districts are constructed around vehicles, leaving bikers vulnerable. All these factors enhance the likelihood of a bike accident in California. It is worth noting that Bicyclists have many of the same rights and responsibilities as drivers of motor vehicles under Vehicle Code 21200.
Following a motorcycle collision, the most crucial thing to do is seek medical treatment if necessary. If you are hurt, dial 9-1-1. Many bike accidents result in head, neck, or back injuries. Therefore, doctors should examine these injuries. You may feel good after the crash but awaken the next day in excruciating pain. It is preferable to be safe than sorry and see a doctor to ensure that your injuries are not more serious than they look.
You should try to collect as much information about the accident as possible, including:
Your safety is important, and should remain your top priority. Therefore, if the other motorist is refusing to cooperate, is intoxicated, or is attempting to flee the scene, you should just contact the police. The majority of individuals carry their smartphones with them. So it's a good idea to photograph or videotape the accident site and document the car details. Also you should photograph your bike and any injuries as well.
Please call KAASS LAW if you have any concerns concerning bike accident lawsuits in California or would want to discuss your case privately with one of our experienced California personal injury attorneys. Also, you can visit our website for other practices.
The surviving family members of the deceased may be entitled to bring a wrongful death claim in the event that another person is to blame for a fatal motorbike accident. Wrongful death lawsuits in a motorcycle accident claim may be due to the carelessness of another motorist. You can decide whether you have a claim and can file a case with the assistance of a motorcycle accident lawyer from our office.
A careless act by one party can be one of several causes of a motorbike accident resulting in wrongful death. Negligent conduct that causes motorcycle accidents may involve:
However, not all motorbike collisions are the fault of another driver. For instance, you might be able to sue a highway maintenance firm or a local government agency if your loved one passes away due to a poorly constructed or maintained road. Claimants could file a lawsuit against a car manufacturer or a manufacturer of automobile parts, for example, if a defective vehicle part caused a fatal motorbike accident. Your wrongful death case may name several defendants, depending on the specifics of your loved one's motorcycle accident.
A motorist always has a duty of care to prevent pedestrian injury, regardless of whether the pedestrian stepped in front of your car at the last second. If the driver accidentally hit a pedestrian in California, he must realize that he is at fault for the accident. In general, a motorist should always be entirely focused on the road and can stop in time to avoid colliding with a pedestrian. However, suppose a pedestrian steps directly in front of a motorist, and there is no way for the driver to avoid hitting them. In that case, the pedestrian can absolve themself of responsibility for a pedestrian accident.
Under California law, an injured patient can pursue a medical malpractice claim in California against doctors, physicians, or other health care providers due to negligence.
The claimant must be able to establish the following elements to have a successful case:
Standard of care is a term that refers to the accepted practices and procedures that healthcare providers use when treating a patient and it can vary depending on a different number of factors, such as the patient's overall health or age. A standard of care can be shown through gathering testimony from expert witnesses, such as from another doctor who practices at a similar facility and the same type of medicine.
Some common examples of medical malpractice:
Uber is typically considered a technology company that provides a service of connecting people who want a ride with people who want to drive them around. Using an app is often convenient, quick, and cheaper than using a taxi.
Thus, Uber drivers are not considered employees of the company, rather, they are independent contractors. This is problematic for passengers who are injured in an accident since employers are generally liable for the actions of their employees. Although, it is to be noted that California Assembly Bill AB5 is hoping to provide protection to employees of gig app sharing economy companies such as Uber and Lyft.
If a passenger was hurt in an accident, he must seek prompt medical attention. Even if the passenger doesn’t have pain right away, he can experience symptoms several days after the accident. Under California law, victims of car accidents have a right to recover compensation equal to the full value of caused damages. Passengers can recover for both monetary losses and intangible, noneconomic damages.
An injured passenger involved in an Uber accident may be entitled to the following compensation:
California Vehicle Code 12500 (b) states, “A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver’s license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver’s license of any class.”
It is most likely that you will want to obtain the M1 class motorcycle license, which permits you to drive a traditional motorcycle. The M2 and M3 class licenses are only for motorized scooters, “mopeds,” and 3-wheel motorcycles. You will need to go to a DMV and provide your:
Then, you will need to perform the following:
Earning a CCMT by completing the course can be used to opt out of the in-person driving test at a DMV. However, you will still be required to pass a written test regarding motorcycle operation laws.
In California, domestic violence is addressed in the following ways:
Yes, as mentioned previously, an individual can be liable for the tort of domestic violence. Per Civil Code section 1708.6, an individual can be held liable for the tort of domestic violence if the plaintiff proves the following:
At any moment, a person can be involved in an auto accident. An injured person might not have been a passenger in an Uber car at the time of the accident. Instead, the victim might have been rear-ended by the driver or been injured as a bicyclist, pedestrian, or motorcyclist. An injured victim can file a claim with the Uber driver's insurance policy. Furthermore, an injured party can also file an Uber accident claim with Uber's insurance policy.
In California, the drivers with ridesharing companies are required to carry $50,000 per person and $100,000 per accident in liability insurance along with $30,000 in property damage. The rideshare company also carries $200,000 in extra coverage. The insurance is applicable as long as the driver is logged into the app and looking for a customer request. When the driver accepts a ride and is en route to pick up the customer, the $1 million insurance kicks in.
After the accident's victim must immediately take the following steps to preserve the right to compensation:
Have you had your employment terminated? Specifically, have you been unfairly fired from your job? If you answered yes to these questions, follow the article below to receive the compensation you need. You may be a victim of wrongful termination if you were let go from your job without good reason. In order to be able to take the right steps forward for your wrongful termination case, it is important to understand key elements. This article will cover some common examples of what constitutes a wrongful termination and how one might go about if something like this happened to you.
Termination is the process of ending employment. This act of dismissal can happen in different ways and for various reasons. Wrongful termination is a topic that many people have an opinion on. It's always good to research the facts and know your rights in this situation before it happens to you. The term "wrongful termination" refers to the dismissal of an employee from their position due to unfair discrimination, businesses breaching public policy in dismissing the worker, or when a company's own employment regulations are not met. In most cases, wrongful termination can be resolved by consulting with legal counsel. Employees who get wrongfully terminated happen to be individuals who have been working for the position for some time and suddenly find themselves unemployed and with no income.
Yes, it is legal for a property owner to charge a tenant a late fee if their rent has not been paid on time. However, California law subjects landlords to some regulations when doing charging a tenant a late fee. The most important regulation is that the lease agreement must lay out the terms for late-payments and specifically describe when and how a late fee must be paid. This section of the contract must include the amount to be paid when a late fee can be charged, and clauses stating that the payment represents an adequate compensation of the damages caused by the lateness of the rent payment.
California law requires that the late fee be a “reasonable” amount of money meant for fixing the damage caused by the delay of a tenant’s payment. Courts have had varying definitions on what constitutes a reasonable amount, but the general consensus is that a late fee of 5% of monthly rent is considered reasonable for late payment, and the fee can be up to 10% for “extremely” late payments. Extremely late payment would be paid after the tenant was given a contractually obligated, “grace period.”
A grace period refers to the amount of time a tenant has to pay their rent before accruing a late fee or increasing an existing late fee. California law does not require landlords to give tenants a grace period, meaning that if they choose, landlords can charge a late fee a day after rent is due. However, many landlords choose to include grace periods so they can collect a higher late fee, due to the courts’ recognition of an “extremely” late payment as previously mentioned.
It's critical to realize that there is a statute of limitations on wrongful death claims. Any wrongful death lawsuit in California must be filed within two years after the decedent's passing. As a result, the court will not consider a case submitted after the deadline. Any next of kin thinking about bringing a civil lawsuit should consult a motorcycle accident attorneys to determine how swiftly they should move forward.
The financial burden that may result from a loved one's passing can be extremely heavy. Families of victims of motorcycle accidents may have relied on the earnings and benefits of their loved ones. If the deceased was the primary provider for the family, the unanticipated financial difficulty could also be experienced in addition to bereavement. Family members can, however, bring a wrongful death lawsuit in a motorcycle accident case. If a different driver's negligence or recklessness resulted in the death of your loved one, you might be entitled to compensation for losses like:
With a wrongful death claim, you could possibly receive further compensation.
This solely depends on the severity of your suffering. You should get compensation according to the law. Things like medical costs and missed payments are simple for them to demonstrate. The case for intangible harm is more challenging. However, these events often result in lost companionship, suffering, and other non-economic costs. Additionally, you could receive two to five times the amount of your economic damages.
When a family loses a loved one in a motorcycle accident or any other injury accident, we at Kaass Law dedicate ourselves to assisting them in getting the recompense they require and deserve. Call Kaass Law at (310) 943-1171 to learn more about state laws in your area and how we might be able to assist you with a claim for wrongful death resulting from a motorcycle accident.
The first thing you should do after any accident is always to obtain the proper medical care you need. If you cannot walk or move any part of your body, if you bumped your head, call 911. Even if you do not require emergency medical care, you should still visit the doctor who will evaluate your health condition and document it. So, if you have a pedestrian accident, and luckily you don't have seriously hurt, then try to gather the following information:
The driver must report any collision to the insurance company. If a pedestrian has injuries in an accident, he must file a report. Under California law, every driver must carry at least $15,000 in injury insurance and $5,000 for property damage. If the pedestrian suffered an injury requiring medical treatment, he could first call his health insurance. He can claim the driver's insurance company when his health insurance doesn't cover all the bills. The pedestrian's health insurance can cover his actual treatment, but it will not cover things like:
The insurance adjuster can call the pedestrian once the driver has filed a report of the collision with the insurance company. But, the pedestrian must know his rights and understand that he can refuse to talk to the driver's insurance company. So pedestrians can choose not to take the calls of the insurance adjuster or can tell him to speak directly with his lawyer.
One of the first things you should do after the pedestrian accident is to find an experienced personal injury lawyer. Particularly if you have severe injuries, require ongoing treatments or therapies, and want to ensure that your costs will be covered. Kaass Law offers a list of qualified California lawyers ready to help you. Contact us today: (310) 943-1171.
In California, an injured person can bring a medical malpractice case against
A plaintiff must notify a potential medical malpractice defendant, including a doctor or other health care provider, of the plaintiff’s intention to file the lawsuit at least 90 days before the lawsuit is filed. (Cal. Code Civ. Proc. § 364.) The notice must include the legal basis of the claim, the type of loss sustained, and the nature of the injuries suffered. (Id.)
In California, a plaintiff has three years after the initial date of the injury to bring a personal injury claim connected to medical malpractice lawsuits. Though in case there is an issue in discovering that something happened, such as an injury that shows no signs of damage to the person's body, there is only 1 year after this plaintiff discovers the harm.
In California, patients who suffered as a result of medical malpractice can recover the following damages:
California medical malpractice laws may change at any time, so it would be best to get updated information from a Los Angeles medical malpractice attorney.
If you were harmed due to a healthcare provider's negligence, we invite you to get in touch with our Los Angeles medical malpractice attorney at (310) 943-1171 for a free consultation and case review.
Uber Driver’s Policy: A driver who drives for Uber is required to carry his own car insurance, which usually covers injuries of passengers as a result of the accident. The insurance requirement is imposed by California law and affects any person who has and operates a motor vehicle, regardless of whether he drives for companies like Lyft or Uber. Though, it’s important to know that the driver’s insurer can deny the claim in case the driver was engaged in commercial activity at the time of the accident. The amount of money a passenger can recover is limited to the driver’s policy maximum. In California, most drivers usually purchase minimum coverage, which may not be enough to cover the full extent of the injuries. Third-Party Policy: In case a negligent third party is responsible for causing an accident, the passenger can file a claim with that driver’s personal insurance company. Uber Insurance Policy: Uber carries its own insurance policy in case the drivers are involved in an accident and insures its drivers with a $1 million policy. The coverage which applies is based on the driver’s activity at the time the accident happened. Under this insurance policy, Uber is responsible for all damages up to the difference between the at-fault driver’s policy limit and Uber’s $1 million policy limit. Particularly in case, an at-fault driver’s insurance policy covers $30,000 in damages, Uber is liable for a maximum of $970,000 if such a payout is required. An Uber driver is carrying a passenger This is the case when the $1 million policy can kick in. In case the Uber driver is carrying a passenger, the driver and passenger are covered under the liability insurance policy. Additionally, if a third party was injured, such as a pedestrian or cyclist, the third party was covered by Uber’s insurance policy when the driver was carrying a passenger. Though, if Uber denies coverage, the Uber passenger and driver and can still be denied by the driver’s personal insurance policy since the driver was driving for pay when the accident happened.
Actually, Uber’s insurance policy is dedicated to helping avoid paying out as many claims as possible. It is common for accident claims to be denied by Uber’s carrier. As mentioned above, drivers are not considered Uber employees, and this makes it more difficult for passengers to get compensation in case the driver was driving recklessly or was drunk and distracted. Victims can respond to a denial by suing Uber directly or can seek payment from the driver’s personal insurance company. Suing the driver directly can limit the number of damages that can be received. Are you in need of assistance with resolving your case? A Los Angeles uber accident lawyer from KAASS LAW can provide you with all the legal help you require! Don't hesitate to let a trained professional help you out!
It is possible to obtain a license if you are under the age of 21. However, there are some additional steps that must be taken to do so. Applicants aged 18-20 are required to get the Certificate of Completion of Motorcycle Training and must hold an instructional permit for at least 6 months. Applicants aged 15 ½ to 17 must additionally provide proof of completion of a driver's education course.
As specified in CVC section 12500 (b), operating a motorcycle without a valid license is a crime. The statute classifies the crime as a misdemeanor offense, meaning that upon conviction, you could face:
The definition of abuse used under Civil Code section 1708.6 is actually defined under Penal Code section 13700. As per this Penal Code section, abuse means to intentionally or recklessly cause or attempt to cause bodily injury or place another individual in reasonable apprehension of imminent serious bodily harm o himself or another person.
Here are some examples of domestic violence:
Depending on the severity of any injuries and the defendant's criminal history, varying penalties may be imposed for convictions under California's domestic violence laws. Even for a first misdemeanor, several counties demand a minimum sentence of 30 days in jail. Additionally, they frequently stipulate that the defendant complete a 52-week domestic abusers course. Moreover, domestic violence conviction in California will remain on your lifelong criminal record. As a result, it could be challenging to obtain employment, pass a background check for any state professional certification, or qualify for other benefits.
The defendant, who is the person causing abuse to the plaintiff, may be liable for both compensatory as well as punitive damages. Additionally, the defendant may also be held to pay reasonable attorney’s fees.
Compensatory damages are money that is awarded to the plaintiff as a result of the loss plaintiff has suffered due to the negligent or unlawful conduct of another individual.
Punitive damages are money awarded to the plaintiff in addition to compensatory damages. Punitive damages are awarded as a form of punishment to those who engage in bad behavior. Additionally, it serves as an example to discourage others, as well as the defendant, from acting similarly in the future.
According to California Civil Code § 1708.6, the statute of limitations for civil domestic abuse cases is three years from the time the last abusive conduct occurred. If the abuse is still occurring, the plaintiff may be compensated for all earlier abuse committed by the same defendant.
If you or someone you know is facing a violation under Civil Code section 1708.6, contact our experienced attorneys at (31)943-1171 for a consultation.
A victim can be entitled to the damages for:
A lawsuit can be the victim’s best bet if the insurance company refuses to approve the claim, fails to extend a fair settlement offer, or if the victim’s injuries are particularly severe.
Victims can file a personal injury lawsuit against a negligent Uber driver. In this case, the injured victim must prove that the Uber driver breached the obligation to keep him safe. The amount of recovery will be limited by what the driver can pay.
Accidents aren’t always caused by Uber drivers. Other drivers, motorcyclists, pedestrians, bicyclists, and even companies responsible for defective products can cause an accident on the road. In California, a victim can recover compensation from anyone who contributed to his injury.
Recovering compensation from Uber through a personal injury lawsuit can be problematic because the Company has fought to ensure that the drivers are independent contractors rather than employees. As drivers aren’t Uber’s employees, it is more difficult to hold Uber personally liable for drivers’ negligence.
If you or a loved one has was injured in an Uber accident, we invite you to contact our Los Angeles Uber accident lawyer at (310) 943-1171 today for a free consultation.
There are numerous reason why someone may be terminated. Below you will find some illegal ways to get fired from your job.
If you were fired from your job for one or more of the reasons listed above, it is a violation of the law or your employee contract. Make certain that what you have been fired for has been acted upon legally and lawfully. The employer has not complied with all legal requirements for terminating an employee. If an employer terminates someone's employment because of an act by the employee protected under law, the reason for their termination is illegal.
Wrongful termination is a termination that is unlawful or unfair. You may be eligible to receive compensation if you believe you have been terminated unlawfully or unfairly, . Wrongful termination is illegal and can lead to consequences for the employer if they are found guilty of this act. To determine whether or not your situation qualifies as wrongful termination, it is important to look at what elements must be present in order for an employee's dismissal to qualify as wrongful termination. Want to take legal action? Our employment team at Kaass Law will be able to consult and evaluate your case. Contact 310.943.1171 for further assistance.
Tenants who feel that they have been wrongfully charged with a late fee or charged with an unreasonable amount should seek legal representation. Often, landlords use late payments as an excuse to evict tenants or raise their rent in the future. If the late fees you were charged are unlawful, you will be entitled to reimbursement for the fees as well as any other damages that paying the late fee has caused to you.