Sidewalk Injury Lawyer Los Angeles

“Is the city liable if I trip and hurt myself on the sidewalk”

This is a very common question we come across. The answer, in a nutshell, is the city may be labile if they knew about the damage. The city has approximately 10,750 miles of sidewalk. It would not be reasonable to expect the city to know about every inch of sidewalk. However, if a complaint was formally made, and adequate time for repair was given, the city may be liable for an injury that occurred after such time – if it can be proven that a true danger existed.

Although the city council seems to be making an effort to shift the burden to the homeowner, the current law still stands. The City of Los Angeles is responsible for their sidewalks. It seems logical, as it is the city’s property. Moreover, the City planted the trees that cause the issues!

The media has been all over this item. There is an excellent video produced by KCET that goes over this issue that I highly recommend. See below.

The Los Angeles Times also recently published an article – not much on the issue of liability – but on the issue of who maintains the burden of fixing the sidewalks. The LA Times estimates that a whopping 42% of the city’s streets are in need of repair. The KCET article discusses the fact that lawsuits against the City cost around 5 million dollars a year: “Those lawsuits now cost Los Angeles up to 5 million dollars a year. Some City officials say it’s just cheaper to pay that than spend the billion of dollars it would take to fix the sidewalks.”

Keep in mind, though, not all sidewalks are created equal. For example, just because there is a foot high crack – it does not mean that the city may automatically be liable. The same goes for the opposite situation: just because there is a one inch crack, it does NOT mean the city will NOT be liable. A professional sidewalk injury lawyer in Los Angeles should be consulted if you were injured as a result of a sidewalk or any other private or public property. Different legal principles may apply to your scenario.

Courtesy: KCET article

Ari Friedman
Personal Injury Lawyer – Sidewalk Injury Lawyer Los Angeles
www.AFriedman.com
323-596-1234

Pedestrian Accident Lawyer

Important Items You Must Remember If You Are Involved In A Pedestrian Accident

First and foremost Take care of your medical needs first!

1) Don’t move. Chances are a pedestrian will come to your aid. Stay in the position you are in. Don’t move your neck or back. Stay on the ground. Let the emergency responders take you to the hospital. Do not try and be a hero and touch it out. There is a good chance that you are injured. There is always a possibility of internal injuries as well as nerve damage so you may not feel the pain right away.

2) The emergency personnel will want to take spinal injury precautions. Although most of the time its only precautionary, due to the high mechanism of injury (aka, mechanism of impact) the EMT’s, firefighters, or paramedics will take these precautions in almost every accident involving a pedestrian.

c-collar
C-collar used by emergency responders to stabilize the neck in pedestrian accidents

The c-collar will be slightly uncomfortable but it should not be painful and it should not affect your breathing. If it hurts or is affecting breathing patterns, let the emergency responders know asap.

backboard
Backboard used to stabilize the back in a pedestrian injury accident.

Just as the c-collar, the backboard will be slightly uncomfortable but it should not hurt.

3) Remain calm. The emergency personnel will tend to any other injuries you may have. Try and have a bystander call a family member.

4) The police are entitled to get your statement as to how the accident happened. If you are feeling weak or are unable to give them a statement at the scene of the accident, they will likely visit the hospital and get your statement there. If you are medically stable, and it is possible, call your pedestrian accident lawyer. (Best to call before statement is given to the police.)

5) Relax and let the doctors do their work.

 

If you or someone you know has been the victim of a pedestrian accident, contact the Friedman Law Offices today!

Ari Friedman
Personal Injury Lawyer – Pedestrian Accident Lawyer
Los Angeles
www.AFriedman.com

Bicycle Accident Lawyer

A car was going westbound on a major street and the bicycle was going east on the same street. The car makes a left turn on a green light and strikes the bike rider. The accident occurred at about midnight. The bicyclist had a functioning front and rear reflector. Who is at fault and what are the issues, if any.

California law requires a front facing light when operating a bicycle when it is dark outside.

California Vehicle Code section: 21201(d) “A bicycle operated during darkness… shall be equipped with all of the following:

(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.

(2) A red reflector on the rear that shall be visible from a distance of 500 feet to the rear…

We also know the California law requires cars to yield to other traffic before making a left turn:

California Vehicle Code Secion 21801(a) The driver of a vehicle intending to turn to the left… shall yield the right-of-way to all…

If you were the bicycle rider, an insurance company for the auto might be quick to “deny” your claim simply because you didn’t have a solid front facing light.

Is that right?

Bicycle reflectors are made specifically for cars to see you at night! We have won cases where the insurance company tries to pull a quick one like this.

Representation by a bicycle accident lawyer that has specific experience with bicycle accident cases is a must!

If you or someone you know has been involved in any type of bicycle accident, contact the Friedman Law Offices today!

Ari Friedman
Personal Injury Lawyer – Bicycle Accident Lawyer
Los Angeles
www.AFriedman.com

Bicycle Safety Tips: http://www.chp.ca.gov/html/bicycleriding.html

Driver Pleads No Contest in Fatal 4th of July Accident That Killed a Fireworks Spectator

Source: http://bit.ly/vkMVQn (KTLA)

SAN FERNANDO, Calif. (KTLA) — A Canyon Country woman who allegedly killed one person and injured several others when she drove into a crowd watching Fourth of July fireworks in 2010 pleaded no contest to charges Monday in court.

Prosecutor Richard Quinones said Melissa Brigette Brown, 23, pleaded no contest to one count of vehicular manslaughter. A judge dismissed an infraction against her for failing to stop at a red light.

Brown is expected to be sentenced Nov. 9 in San Fernando Superior Court, according to prosecutors. She faces up to six years in state prison.

Prosecutors say Brown crashed into another vehicle July 4, 2010 after running a red light. She then lost control of her car and careened into the crowd of spectators gathered for the fireworks display. 

Matilda Garnica, 43, who was standing on a sidewalk, was killed in the crash. Several others sustained minor injuries.

 

If you or someone you know has been involved in any type of car accident, contact the Friedman Law Offices today!

Ari Friedman
Personal Injury Lawyer
Los Angeles
www.AFriedman.com

Defend Your Money!

Source: DefendYourDollars.org, a project of Consumers UnionThe banks are doing it to us again!

Bank of America just announced it will charge customers $5 a month for debit card purchases beginning in January. That’s right, $5 a month to spend your own money. Even if you swipe your card only once – say for a $2 cup of coffee – you’ll still get hit with the fee, making that cup a whopping $7!

And it’s not just BofA. Wells Fargo and Chase are testing out similar fees to decide if they want to follow suit.

It wasn’t that long ago that taxpayers had to rescue Bank of America because their get-rich schemes emptied their coffers and drove our economy to the brink. Now they’re whining that they don’t make enough money off electronic transactions that cost them almost nothing to process.

If you are outraged by these new fees, take action now. It’s time consumers fight back!

If you shop with your debit card (why else have one?) you will pay BofA $60 a year to access your own money. This is ridiculous, particularly since the banks already charge retailers a fee that more than covers the cost of the electronic transaction every time you swipe your debit card.

Congress should investigate if these fees reflect the true cost of processing customers’ debit card transactions – and if the answer is no, do something to stop them.

Even if you don’t use one of these banks, you can still help hold banks accountable for the fees they charge. Ask your members of Congress to get to the bottom of these new fees right now, before we all get soaked again!

Send your message now, and also get tips on how to safely change banks.

The more consumers Congress hears from, the better chance we have of swift action. Please click on the link to send your message now, then forward this (or share it on Facebook) with others so they can do the same.

Help Beat the Red Light Camera System

In the next few days, two anti-motorist bills will land on Governor Brown’s desk, for signature, or veto.  
Please call or email Brown and ask him to veto.  The bills are:
AB 529. This bill will allow cities to reduce posted speeds by 5 mph, even on streets with a great safety record. The lower posted speed will allow them to shorten yellows, which will increase red light cam ticketing by at least 50%. (Four of the sponsoring cities have red light cams.) Worse, the shortening will increase severe accidents by 30 to 40%.
SB 29: This bill is being sold as “red light camera reform” while it actually makes things worse for motorists. For example, it reduces the number of warning signs, from four per intersection under current law, to just one or two. The bill also muddles the current law giving the police only 15 days to get red light camera tickets into the mail.  If the authors of this bill were really interested in reform, they would have done something about the fine for rolling right turns, or the 1.5 million cars with “protected plates.”  But they did not.
Phone Gov. Brown at 916 445-2841, or email him via the form at gov.ca.gov. Ask him to veto AB 529 and SB 29.  Also phone your union or professional association.
More details about these bills are at the top of my Action/Legis page, at:  http://highwayrobbery.net/redlightcamsjoin.htm .
Source: highwayrobbery.net

Injury Car Accident

What Information To Get After An Injury Car Accident

I can’t tell you how many times a client has come in with little or no information about the car accident they were just involved in. If you are involved in an auto accident, obviously the first thing you need to do is worry about your health. Make sure you call 9112 if you suspect any injuries. If there is anyone in the car that is experiencing neck or back pain from the accident, and if there is no immediate threat by staying in the car, try to stay in the car and do not move your neck. The fire department / ambulance will evaluate you.

Make sure you let the 911 operator know that there is someone injured so that they will not only send the police but an ambulance as well. You may be transferred to a second operator. The first operator being the police, and then the second one being the fire department. In the City of Los Angeles, the first call taker is a police dispatcher and they gather some basic information and will then transfer you to the Los Angeles Fire Department Operator who will give you “pre-arrival” instructions and will likely advise you not to move any injured people.

What are the important items I need to get regarding the accident?

  • Name of other driver
  • Address of other driver
  • Number of other driver
  • License Plate # of other driver
  • Drivers License Number (and State) of other driver
  • Birthdate of other Driver
  • Make/Model/Color of other car
  • Insurance Company of other Driver
  • Insurance Policy # of other Driver
  • Name, number, address of all Witnesses (even if they give the info to the police)
  • If there are multiple other cars, add all information for additional cars.
  • Pictures of the scene as well as the damage to both cars.

Too much information to handle? Use our handy smartphone mobile site that will assist you in gathering the information www.exchangeinfo.info This tool has all the necessary fields that you need to fill out. Once complete, it will send all of the information for my office for review. Please note: The questionnaire on www.exchangeinfo.info is meant solely for the use of the consulting attorney for purposes of analyzing and evaluating the prospective client’s case. Although the information you supply is strictly confidential, submission of this form DOES NOT CREATE AN ATTORNEY / CLIENT RELATIONSHIP.

If you or someone you know has been involved in any tyoe of accident, contact the Friedman Law Offices today!

Ari Friedman
Personal Injury Lawyer – Injury Car Accident
Los Angeles
www.AFriedman.com

DO NOT DO AS SHOWN IN THIS CARTOON!

What information should I get at the scene of an accident?

I can’t tell you how many times a client has come in with little or no information about the car accident they were just involved in. If you are involved in an auto accident, obviously the first thing you need to do is worry about your health. Make sure you call 9112 if you suspect any injuries. If there is anyone in the car that is experiencing neck or back pain from the accident, and if there is no immediate threat by staying in the car, try to stay in the car and do not move your neck. The fire department / ambulance will evaluate you.

Make sure you let the 911 operator know that there is someone injured so that they will not only send the police but an ambulance as well. You may be transferred to a second operator. The first operator being the police, and then the second one being the fire department. In the City of Los Angeles, the first call taker is a police dispatcher and they gather some basic information and will then transfer you to the Los Angeles Fire Department Operator who will give you “pre-arrival” instructions and will likely advise you not to move any injured people.

What are the important items I need to get regarding the accident?

Too much information to handle? Use our handy smartphone mobile site that will assist you in gathering the information www.exchangeinfo.info This tool has all the necessary fields that you need to fill out. Once complete, it will send all of the information for my office for review. Please note: The questionnaire on www.exchangeinfo.info is meant solely for the use of the consulting attorney for purposes of analyzing and evaluating the prospective client’s case. Although the information you supply is strictly confidential, submission of this form DOES NOT CREATE AN ATTORNEY / CLIENT RELATIONSHIP.

If you or someone you know has been involved in any tyoe of accident, contact the Friedman Law Offices today!

Ari Friedman
Personal Injury Lawyer
Los Angeles
www.AFriedman.com

 

DO NOT DO AS SHOWN IN THIS CARTOON!

Immigration Status – And A Personal Injury Claim – “Can I Make an Injury Claim If I am an Illegal Citizen?”

The scenario is:

  • You or someone you know is visiting but are not currently a legal resident or citizen of the United States OR
  • You are living in the United States without citizenship, ie: illegal immigrant or illegal “alien”
  • While in California, you are injured as a result of someone else’s negligence. (Personal injury, auto accient, etc)

Do I have a right to make a claim against the negligent party’s insurance?

Do I have a right to sue the negligent party?

Will my “status” be affected by making a claim or filing a lawsuit?

These are all common questions. However, California courts have held that the immigration status of a Plaintiff is “irrelevant” and therefore considered, inadmissible evidence. The only time the citizenship status would be admissible is if the Plaintiff was trying to submit a “loss of earnings” claim and the Defendant tries to show that there were never any payments made, as the Plaintiff wasn’t even legally allowed to be paid in the United States.

A recent California case has held:

Any potential prejudice that might result from the introduction of the plaintiff’s status as an illegal immigrant can be overcome by a curative instruction by the Court.  Certainly, a plaintiff would be entitled to a limiting instruction that his status as an illegal immigrant is not relevant on the issue of liability.

There are many intricate details and considerations that go into filing a personal injury claim and/or personal injury lawsuit. Make sure you speak to a lawyer at the Friedman Law Offices as soon after the injury as possible. Call us at 323-596-1234 so we can preserve your rights.

Ari Friedman
Personal Injury Lawyer
Los Angeles
www.AFriedman.com

What is Uninsured or Underinsured Motorist and Why Do I Need it on my Insurance Policy?

Consider these scenarios:

  • You are the victim of a “hit and run”
  • Someone hit your car but their insurance lapsed and they have no coverage.
  • You have been seriously injured by another vehicle and accrue tens of thousands of dollars in medical bills. The other party carries the minimum liability insurance of $15,000.

So what do you do when the party at fault has no insurance?

You can choose to personally sue the individual at fault (if you can find him/her). OR rely on your uninsured motorist coverage to handle the claim. In any of the above scenarios, if you carry uninsured/underinsured motorist coverage, your own carrier should pay you for your damages, which includes pain and suffering.

There are so many people driving the streets that do not carry even the minimum insurance required by the law, so be smart and carry uninsured motorist coverage on your auto policy.

At the Friedman Law Offices, we know the ins and outs of the “uninsured/underinsured motorist” laws. If you have been injured as a result of a hit and run driver or uninsured motorist, be sure to contact the Friedman Law Offices as soon as possible so that your rights will be preserved and so that we can get you the maximum recovery possible.

Ari Friedman, Esq.
Personal Injury Lawyer
Friedman Law Offices
http://www.AFriedman.com