When you are in an accident with a drunk driver, it seems obvious that the driver should be responsible for your losses. However, drunk drivers are not always automatically completely liable in a motor vehicle accident in California. In some cases, accidents involving a drunk driver may not result from the drunk driver themselves.
To hold a driver responsible for an accident, he or she must have been driving in an unlawful or negligent manner which directly caused the accident. This includes any number of traffic safety rule violations such as:
Liability depends on examining the facts of the accident and identifying the direct cause, which can be quite complex. Consult with one of our Los Angeles Personal Injury attorneys to help you figure out who was at fault in your accident.
When the drunk driver’s impairment is the cause of the crash, they are completely liable for the accident. However, the driver could be drunk but follow traffic laws, and the other driver’s actions could cause the crash. For example, you may have failed to brake in time and hit a drunk driver’s car from behind. In that case, you are liable for the accident. The police will charge the other driver with a DUI, but that won't change your fault in the accident if the driver’s drunken impairment didn’t cause the crash. If it was your wrong action that ultimately caused the accident, you are at fault, regardless of the other driver’s impairment. If their drunken impairment did not cause the accident, it will most likely not be a factor in deciding liability.
California follows comparative negligence, allowing both parties to share fault in an accident based on their level of responsibility. In such cases, the settlement amount recovered to cover losses will be much lower. For example, you may have been looking at your phone while you were driving and a drunk driver swerved out of their lane and side swiped your car. In such a case, both parties will most likely share fault because both parties’ actions contributed to the accident. If you hadn't used your phone and the driver hadn't swerved while impaired, the accident would not have occurred. If you are partly at fault in your accident, our Los Angeles Personal Injury attorneys can help you figure out what percentage of the accident was your fault. You can still recover losses, but the amount will reduce by the percentage of your fault in the accident. So if you were 90% at fault, you can still receive 10% of your damages as compensation.
It is important to realize that the presence of alcohol in the driver's blood does not automatically make him or her the sole perpetrator of the accident. In order to determine fault, it is necessary to conduct a thorough investigation of all the circumstances surrounding the accident. The key factor in determining liability is causation. Between the driver's actions and the resulting consequences. In accident cases, courts and insurance companies analyze evidence such as:
If it is proven that the injured party's actions were also negligent, the amount of compensation may be reduced. This is especially true in California where comparative negligence applies.
Even if you are partially at fault for an accident, you may still be entitled to recover damages. These may include:
The amount of your payout will depend on the extent of your liability. For example, if you were found to be 30% at fault, you could receive 70% of your total damages.
Legal help is especially important in cases involving drunk drivers, as these cases often involve emotional distress and complex legal nuances. Attorneys can help you present the facts correctly, protect your interests, and seek fair compensation.
If you or a loved one has been in an accident involving a drunk driver, contact KAASS LAW (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. Our team speaks English, Spanish, Russian, and Armenian.
Garage door accidents are not uncommon but they can still occur due to poor installation and lack of maintenance. Whether the accident happens inside your own home, someone else’s home, or a public place, a garage door accident can be very serious. Some common garage door accidents include:
A garage door malfunctioning can cause any number of serious injuries, depending on the severity of the accident. Injuries that can be a cause by a garage door accident include:
Negligence is the most important factor when deciding liability in a case. The legal definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” In other words, it is a failure to act with a level of care that a reasonable person would have acted with in the same situation. Civil negligence, however, differs from criminal.
Proving negligence is sometimes more of a process rather than an immediate decision made by pointing fingers. There are four elements that an attorney must prove in order to prove negligence:
There are a number of ways that your attorney can prove these different elements of negligence, including:
One of the most common types of product liability claims in this state is, California failure to warn laws, cases. According to the law, a manufacturer, distributor, and other parties involved in the distribution chain of distribution are required to provide adequate warnings on a product.
The plaintiff must prove the following element to establish the failure to warn claim in California
The plaintiff must be able to prove that he used the product was something the manufacturer could have predicted but failed to warn about the potential harm of using the product in such a way. In addition to that, it is important to prove that the risks of this particular use were not obvious to you as a consumer.
California Vehicle Code (CVC) 21955 states that “between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.”
Jaywalking refers to when a pedestrian crosses a road with marked crosswalks or a marked intersection but does so from a point other than the designated crosswalk. Jaywalking laws protect both pedestrians and automobile drivers from avoidable car accidents. Law enforcement officers are unlikely to arrest you for jaywalking, but they will likely issue a ticket if they see you. In California, jaywalking is an infraction, and a first offense will cost you a minimum fine of $196. The DMV will not assess points onto your driving record.
As a pedestrian, it is your duty and your responsibility to keep yourself safe. In addition to abiding by jaywalking rules, here are some safety tips you can follow to ensure your safety when walking:
Exercise Equipment Product Liability is based on equipment that are very prone to causing injuries that result from their defects. Whether the accident happened at a gym, or at your own home, those involving exercise equipment can result in some of the most devastating injuries that arise from their defects, due to the nature of these products. These products cause tens of thousands of injuries every year, and some specific types of exercise equipment, such as treadmills, are among the most recalled products in America. https://www.youtube.com/watch?v=Jk41OYNcWV4&feature=youtu.be
Creators of defective exercise equipment are liable for the damages when it is clear that the injuries or other damages arose directly due to the product defect. These damages can be to property that you own, or bodily damages in the form of injuries.
Here are some examples of situations where a manufacture would likely have to compensate the victim for damages:
Ovens are among the most common kitchen pieces to contain defects that are significant enough to result in oven product liability lawsuits. These defects can merely be ones that don’t allow it to properly function, but they can also be dangerous, causing devastating damage to your belongings and even yourself and others. Some of these defects in oven product liability include:
If a defect in an oven led to damage to yourself, your family, or your property, there are several channels you can use to pursue compensation. When you gain legal representation and eventually sue the company based on their liability for the damage caused, your attorney can decide to sue based on several basis of defects, including:
California Vehicle Code section 22517 states: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.”
When a parked car on the side of the road opens its door haphazardly, there are 2 types of accidents that typically occur as a result. It will either be the case that:
CVC section 22517 clearly states that the person who opens the door without taking proper caution is liable for the damages caused by it. However, it is common practice for insurance companies to give partial liability to both parties, especially car door opening accidents. For example, an insurance company would likely declare partial liability if the person who opened their door could prove that they did so while the other driver was a significant distance away. Just because the law supports the position of the party that crashed due to an open door, it does not mean that drivers shouldn’t take caution when driving alongside parked cars. While the law assesses fault to someone who opens their door haphazardly, the person who does so will almost certainly argue that they did so safely, leaving enough time for other drivers to take precautions.
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.
Unfortunately, accidents and incidents can be unavoidable sometimes. It can happen to any innocent man or woman and anywhere, during a working day or a holiday. You can appear into a slip and fall accident or in an automobile accident in the most unexpected moment and suffer either property damages or personal injuries. One of the common ways to get a compensation is settling a personal injury claim with an insurance company. Insurance companies exist to protect people from different kind of unpredictable and undesired coincidences. Here is a list of several insurance companies operating in Los Angeles: Kemper, Alliance, Farmers, State Farm, Mercury, Safeco, Infiniti, Allstate, Progressive, Esurance etc. Every insurance company has its own policies, procedures and different suggestions. You can file an insurance claim for various types of scenarios. It depends on the type of your insurance and on the policies and procedures. In most cases some documentation must be done, and the terms must be strictly kept. Filing a claim with an insurance company can be a tough and time-consuming process full of uncertainty and tricky procedures. firms’ attorneys are good professionals and experienced in such cases. They can be there to help and to provide you with deserved outcomes.
To figure out who is liable in a garage door accident, it is crucial to know what caused the accident or any malfunction of the garage door. Among those that can be a consideration in a liable party include:
If you file a lawsuit after a garage door accident injury, then compensations are applicable for damages or losses due to the accident. For instance, these include both economic and non-economic damages, including:
To file a lawsuit for a garage door accident, a plaintiff must prove that the injury occurred as a result of:
In such cases, both negligence and strict liability may apply. If improper installation caused the accident, the property owner may face liability.
Under California law, property owners have a duty to maintain their property in a safe condition. This includes ensuring that garage doors are in working and safe condition. If an owner was aware of a defective gate and failed to repair it, he or she may be found guilty of negligence. Liability can also arise if the victim was on the property with permission. For example, as a guest.
In cases where the accident was caused by a defect in the design or mechanism of a garage door, the manufacturer or seller may be held liable. California law provides for strict liability for defective products. This means that a plaintiff does not have to prove that the manufacturer was negligent. He or she need only prove the existence of the defect and the causal connection between the defect and the injury. In addition, distributors and retailers may also be liable under certain circumstances.
To increase the chances of a successful case, it is important to gather and preserve as much evidence as possible. This includes:
The more complete the information provided, the greater the likelihood of a successful claim.
The statute of limitations under California law should be considered. Typically, an injured person has two years from the date of injury to file a personal injury lawsuit. If the product has a defect, the time frame may change. Missing the statute of limitations may result in the loss of your right to recover damages, so it is important to act in a timely manner.
Because garage door injury cases can involve multiple sides of a cause of action, legal assistance is crucial. The attorneys at KAASS LAW are experienced in handling these types of cases and will help determine the best strategy to protect the injured party's interests.
If you or a loved one have been injured in a garage door accident, we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles garage door personal injury lawyer. Our attorneys will help you determine the liable party and proceed accordingly.
Civil negligence can take many different forms, and can also be quite hard to identify at times. A few examples to help better understand civil negligence include:
Each state has its own criminal laws that decide what can be considered criminally negligent. Criminal negligence can be punishable with jail time. Some examples of criminal negligence include:
The legal consequences of civil and criminal negligence are very different. Civil negligence results in monetary compensation for the plaintiff, as the primary goal is to recover damages. This is accomplished through a civil lawsuit, which usually requires the defendant to pay for the injured person's damages or medical expenses. Criminal negligence can lead to more serious consequences, including criminal prosecution. In this case, the consequences may include:
The main purpose of a criminal case is to punish the defendant for the crime committed and to protect society. This is important to understand. In order to be held criminally liable, it must be proven that the defendant's actions were indifferent to the risk. Unlike civil liability, where proof of harm is sufficient, criminal liability depends on the degree of danger and negligence. If you have been the victim of civil or criminal negligence, it is important to seek legal help. At KAASS LAW, our attorneys can help you understand your situation and offer you the best solution. The sooner you come forward, the better chance you have of successfully resolving your case.
If you or a loved one has been in an accident or suffered any kind of injury as a result of another person’s negligence, contact our Los Angeles Personal Injury attorneys. KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed. Our team speaks English, Spanish, and Armenian.
Under California product liability laws, the warning of harm or risk of injury must be:
The manufacturer/distributor is under a duty to stay informed about its product and he can't escape legal liability for a failure to warn just because he was uninformed of the risk. In case the manufacturer/distributor could have discovered the risk through investigation, research, or testing he will be liable for failing to warn the consumer about a risk he should have reasonably known about. Furthermore, if any new information is discovered, it is also the manufacturer's responsibility to warn consumers that have already purchased a product about the new risks.
Under California’s statute of limitations, the plaintiff generally has two years from the date of the injury to bring the claim against the manufacturer/distributor. This period can be extended in case:
The plaintiff can be able to recover the following:
https://www.youtube.com/watch?v=V6GTQa0qmH0&ab_channel=KaassLaw
Drivers and pedestrians must share the road. They also share the responsibility for keeping themselves and each other safe by staying alert and abiding by traffic rules. If you injure yourself while jaywalking or injure someone who is jaywalking, you must determine who was at fault or more at fault for the accident.
If you injure yourself while jaywalking, you will likely share some fault for the accident. This doesn’t mean you won’t receive compensation, but we recommend seeking help from a Los Angeles pedestrian injury lawyer to avoid full responsibility. If you or a loved one were injured while crossing the street, contact KAASS LAW (310) 943-1171 for a free consultation.
There are plenty of possible defenses to a product liability lawsuit, but generally, all of these defenses espouse the same 3 things. They are:
Let’s apply these to our earlier examples:
See also: Injuries Caused by Defective Products Product Liability Oven Defects Motorcycle Part Defects Motorcycle Accidents Personal Injury Facebook
If a faulty oven causes damage to your dwelling, your items inside the property, or even yourself and the people you live with, you have a claim to recovery for all of these damages and any pain and suffering that the damages may have been the cause. The first step to getting compensation is to gain legal representation and open a claim with the company who made the faulty product. You must do so within 2 years of the accident in California in order to be eligible for compensation. As mentioned before, you are entitled to compensation for damages to physical property and people. There are ways, however, that companies may try to avoid having to pay you. Here are some common defenses to product liability lawsuits:
If you or a loved one has been injured due to a oven product defect we invite you to contact our Los Angeles products liability attorney today at (310) 943-1171 today for a free consultation and case review. https://www.youtube.com/watch?v=aauCQGrjBB0&ab_channel=KaassLaw
First, you should find a safe place to pull over, or if it is unsafe, then leave the scene and find a safe place to exchange information with the other driver. It is required by law that all drivers exchange license and insurance information when they are involved in an accident. If any of the involved parties try to leave without doing so (hit and run), you should try to take a picture or make a note of their license plate, so liability and damages can be fairly assessed. While not required by law, it is always a good idea to call the police to the scene unless the accident is extremely minor. This will help create a more accurate narrative of what happened in the accident. You should also take pictures of the vehicles involved, so the property damage can be properly assessed. While you could open up a claim with your insurance provider yourself, it is recommended that you seek attorney representation and let them handle the process for you. Insurance companies will often ask you several questions in order to get your unprepared answers and use them to minimize the amount they need to pay you in the future. It is paramount that you seek high-quality legal representation in order to protect yourself from being taken advantage of.
If you or a loved one has been involved in an auto accident we invite you to contact our auto accident attorneys at KAASS Law at (310) 943-1171 for a free consultation or fill out the contact form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
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.
You should carefully read your insurance contract in order to reveal who can apply for compensation and who can be compensated. There are different insurance packages. You can have an Insurance that only covers your personal injuries, or your family member’s injuries can be included under the coverage too. That’s why it is very important to carefully examine the contract. You can can file a claim with your insurance company either personally or via law firms and/or attorneys. As was mentioned above, claiming procedure may include several terms and conditions in addition to plenty of documentation. It is important to know, that you need to introduce the accurate calculation of the financial losses caused by the accident. While there are some punitive damages that you could calculate yourself, such as lost wages and current medical charges, there are others that you may find practically impossible without the help of an attorney. These include the value of your pain and suffering, in addition to lost capacity of making money. Once you have dealt with all the medical affairs that may arise out of such an undesirable event, you may need to operate a personal injury claim with an insurance company to receive compensation for such injuries.
Insurance companies aim to help their insureds in the times of trouble, but like any business, they are trying to lessen your costs and expenses under their coverage to compensate less. It means they can save markedly in the amounts they have to pay to the insured. In these cases, dealing with insurance companies may even become confusing to a lawyer, let alone to a person without any legal discipline at all. The personal injury lawyers must know the rules, too. They must understand the guidelines and the terms. Additionally; these will include different filing procedures for claims against insurance companies. KAASS Law firm’s personal injury lawyers are experienced in such cases and they can assist you. They can help in the validity of the potential claim. They can ensure that the time limit, in your case, is met and the necessary documentation is done. This paperwork plays a huge role in such kind of processes and is a mandatory part of success.