Who is at fault?

You’re driving down Beverly Blvd, La Brea, Pico, Robertson, whatever street it may be and CRASH. You are in an accident. Maybe you were rear ended, maybe it was a side swipe, a turning accident, or a head on collision. It’s not your fault. But are you sure? Maybe you are sure but the other driver has a different opinion? Now its time to whip out the trusty old dash cam footage.

The below video was taken from a dash camera from a vehicle in Texas. The original Reddit post can be found here.

The victim was driving within her lane, sees a wide-turning vehicle, and ultimately stops in an effort to avoid hitting / being hit. She did everything she could but the other car, traveling in the opposite direction, hits her head on. What’s worse is that the other driver comes out and blames the victim! That’s what we call chutzpah!

In another example, at the intersection of Olympic and Fairfax in Los Angeles:

The car with the dash cam is going straight, two cars in the opposite direction make a left turn in front of the dash-cam equipped vehicle. The third car decides to turn also and clearly would have been at fault if the accident had actually occurred.

To some people it is obvious that the turning vehicle has to wait for traffic to clear before initiating a turn (which is the law), but other people might say “we both had the green”.

California Vehicle Code Section 21801 (a) states: “The driver of a vehicle intending to turn to the left… shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.”

Luckily the accident was avoided due to the at-fault party correcting her mistake.  The vigilant driver (of the dash-cam car) also slowed down fast enough and avoided a collision.

Clearly, in both of the above scenarios the dash-cam equipped vehicle driver is not at fault.

We highly recommend purchasing a dash cam video camera. They are fairly inexpensive and are worth every dollar when needed. The footage may very likely be admissible in court if you have the proper representation.

Without this camera footage, it would be “he said / she said”.

If you are involved in an accident, you must be represented by someone that knows how to obtain evidence, collect statements, and ultimately pursue your cause to the fullest possible extent. Please call Ari Friedman Law Offices to get your free case evaluation.

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

Motorcycle Accident Lawyer

When choosing a motorcycle accident lawyer, it is imperative that your lawyer can fully understand what you are going through. Attorney Ari Friedman has been riding motorcycles for over ten years and won’t be pushed around by insurance companies!

Motorcycle Accident Lawyer - Los Angeles

Pictured above: Personal Injury Attorney Ari Friedman Riding BMW GS1200

Motorcycle-Accident-Lawyer
Pictured above: Personal Injury Attorney Ari Friedman Riding Harley Davidson Heritage Softail

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

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

iPhone and Android App “Car Crash Assist” is released!

Friedman Law Offices is proud to announce the arrival of our iPhone app “Car Crash Assist”.

This app helps guide you in obtaining pertinent information after an accident. After you have entered the data, you have the option of sending the information directly to an injury attorney as well as to yourself.
Gather the other persons information, take a snapshot of their drivers license, take photos of the scene and car damage, and have it all immediately sent to yourself and/or an attorney.

 

 

Courtesy of:

Ari Friedman
Attorney
www.AFriedman.com

Other Car Made an Unsafe Lane Change and Hit My Car – Am I at Fault?

UNSAFE LANE CHANGE CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was a passenger on a Los Angeles County MTA bus proceeding home from work. As the bus was proceeding north on a highwawy, the bus driver struck another vehicle, a Hummer SUV. Plaintiff was standing towards the front of the bus as she was about to exit at the upcoming bus stop. Upon impact Plaintiff was thrown forward into a pole on the bus and was injured. The LAPD report indicated that the driver of the bus was at fault for this accident, in violation of California Vehicle Code §22107, unsafe lane change.

Rear-End Collision Photo

LIABILITY

Plaintiff  was a negligent-free passenger on the bus. Defendant and Cross-Defendant dispute which vehicle changed lanes causing the accident and subsequent injury to Plaintiff.

NATURE AND EXTENT OF DAMAGES

Plaintiff sustained trauma to her head, neck, back, and left shoulder as a result of this collision. She was evaluated by a hospital and followed up with a doctor who reported that Plaintiff had severe headaches, pain in the neck, back, and shoulder. The docotor diagnosed Plaintiff with 1) post-traumatic cerebral syndrome, 2) post-traumatic cervical muscololigamentous sprain, 3) post-traumatic lumbosacral muscololigamentous sprain, and 4) post-traumatic left shoulder sprain. Physical therapy was prescribed as well as Celebrex for the pain.

Plaintiff sought physical therapy and received heat and ice pack therapy, ultrasound, joint mobilization, massage, and therapeutic exercise therapy. While some symptoms subsided at the completion of physical therapy, Plaintiff still continued to have pain and followed up with her doctor. He recommended another set of physical therapy sessions which Plaintiff underwent.

Car accident lawyer

RESIDUAL COMPLAINTS AND FUTURE MEDICAL EXPENSES

Plaintiff still suffers from intermittent neck pain radiating into her shoulder. She has trouble performing simple daily activities such as lifting bags of groceries or turning her head while driving.

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

Freeway Rear-End Collision

FACTS OF THE CASE:

Plaintiff was driving a 2004 Porsche SUV eastbound on the 580 Freeway near Pleasanton, California in the number one lane. Defendant was driving a Toyota Prius behind plaintiff’s vehicle and rear-ended plaintiff’s vehicle causing injury to plaintiffs. Plaintiff  number 2 was a passenger in plaintiff ‘s vehicle.

Freeway Collision Pic

LIABILITY

Defendant rear ended plaintiff and liability is not contested.

PROPERTY DAMAGE

Plaintiff’s vehicle sustained over $6,000 in property damage.

Freeway collision Pic2

MEDICAL BILLS TO DATE

Plaintiff incurred medical expenses in the sum of $43,497.53.

NATURE AND EXTENT OF DAMAGES

Plaintiff suffered injuries to his right knee, neck, back, left shoulder, arm, and head as a result of this rear-end collision. Following the accident he sought treatment from a doctor. Plaintiff began a course of chiropractic therapy. X-rays were ordered, however, due to the increased pain, specifically in his right knee, the doctor referred plaintiff to another doctor for an orthopedic consultation.

Plaintiff underwent right knee Arthroscopic partial meniscectomy, 2) arthroscopic chondroplasty, medial femoral condyle, impinging medial plica, and local synovitis in medial gutter. The doctor indicated that the surgery was successful. 

Prior to the accident, plaintiff was gainfully employed. As a result of plaintiff’s injury to his knee and per the recommendation of his doctor, plaintiff was required to miss seventeen days of work. 

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

Bicycle Accident Analysis – Am I at fault?

BICYCLE ACCIDENT ANALYSIS

Facts: A 19 year old was riding his bicycle on the sidewalk going eastbound when Defendant pulled out of a private driveway and struck the bicyclist.

bicycle-accident-lawyer

WHO IS AT FAULT?

            Plaintiff testified he was travelling between five and ten miles per hour prior to impact; he was “just coasting” and “cradling the brakes”. There were no pedestrians in the area. Plaintiff testified that he was careful to look out for cars coming out of driveways.

RELEVANT CALIFORNIA LAW:

The California vehicle code does not prohibit bicycle riders from riding on the sidewalk, on either side of the street.

21804.  (a) The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety. Cal. Veh. Code Section 21804(a). Emphasis added.

As to the definition of “right of way”: Judicial Council of California Civil Jury Instruction (CAC) 701 states”

“When the law requires a [driver/pedestrian] to “yield the right-of way” to [another/a] [vehicle/pedestrian], this means that the [driver/pedestrian] must let the [other] [vehicle/pedestrian] go first.

The only California Code dealing with bicycle operations on a sidewalk, merely allows local municipalities to maintain their own regulations:

“This chapter does not prevent local authorities, by ordinance, from regulating the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code”. Cal. Veh. Code Section 21206.

RELEVANT LOS ANGELES MUNICIPAL ORDINANCE:

This accident occurred within the City of Los Angeles. This fact is not disputed. The only applicable Los Angeles Municipal Code section states:

“No person shall ride, operate or use a bicycle, unicycle, skateboard, cart, wagon, wheelchair, rollerskates, or any other device moved exclusively by human power, on a sidewalk, bikeway or boardwalk in a willful or wanton disregard for the safety of persons or property.”  L.A.M.C. Section 56.15

The above ordinance makes it clear that the only situation a bicycle is not allowed to operate on a sidewalk is when he is operating in a willful and wanton disregard for the safety of persons or property. The legislators chose their words carefully. The code does not state that the requirement be “negligent riding” or “fast riding”, rather, the ordinance chose its words carefully and used very strong language indicating an intentional hazardous type of riding.

There is no evidence whatsoever supporting that Plaintiff was riding his bicycle in a negligent manner and surely not in a “wanton or willful disregard for the safety…”

Some Tips On Negotiating An Auto Insurance Claim

Car accident lawyer

      Car accident attorneys

Insurance claims are supposed to be easy to obtain in the case of damages to the vehicle. Either way, that’s what every insurance agent and adjuster tells the customer. However, they are everything but easy to obtain. Such are the red tape and legal matters involved in claiming money from any auto insurance carrier.

It is prudent to request the help of a car accident lawyer since getting your claim resolved will require you to jump hurdles. Don’t wait until its too late.

Negotiating an auto insurance claim

After all bills have been accrued, the negotiation starts.

Once the negotiation starts, it is your job to produce the relevant bills and documents to support your claim. These documents should contain an estimate of repair costs that was needed (if not already paid), photographs of the damage caused to your vehicle and any other relevant documents to support your claim.

Company adjuster

Car accident lawsuits

If the defendant’s adjuster refuses to meet your demands, there are several steps that can be taken by a car accident lawyer who is representing you in the matter. The lawyer will be able to determine whether the insurance offer is reasonable and if not, he will know what amount is reasonable for a settlement.

There are several evenues your lawyer may pursue On of which: a complaint at the Department of Insurance, regarding the claim that you have submitted to your auto insurance company. 

If you were injured in an auto accident, there is no reason to wait – speak with a professional today. There is always a free consultation.

Hiring A Competent Attorney For A Bicycle Accident Case

Bicycle accident attorney

         Bicycle accident cases

Bicycle accident injuries are on the rise again.  Involvement in an accident is never a happy prospect, and if you are at the receiving end of it, then there is a very good chance that you have hurt yourself, and are in need of treatment at a hospital or doctor.

So, what are the steps that you should take if you are involved in such an accident? If you have only vague ideas about this, then it’s time to polish them, and understand some steps that you have to follow if you want to hire a bicycle accident attorney.

Hiring a lawyer

Experienced attorneys, although hard to come by, will have expertise in handling special cases. When buying running shoes, you wont be buying heels and when buying dress shoes, they probably wont be Nike’s. Injury Specialist attorneys have undertaken many car accident cases and have won most of them, which makes them specialists at handling car accident cases. Similarly, in your bike accident case, you should find an attorney who is very capable and experienced at handling bicycle accident cases.

Emotional distress

            Bicycle accident lawyers

You would be able to find out about the references and qualifications of each and every bicycle accident attorney in the area, with the help of a local or state bar association. Whatever be the case, make sure that you hire an attorney who has successfully handled bicycle accident cases in the past.

The fee that you are required to pay to your attorney (never up front) will be included in the damages that you negotiated with the defendant. If the court finds the defendant responsible for the bicycle accident, it is more than likely that the court will order the defendant to pay up a certain amount of money, as damages. It will include the money that you had to spend for medical bills, compensation for any physical injuries and also compensation for emotional distress and your pain, suffering and inconvenience.

The bicycle accident attorney that you hired will take a percentage of the damages that you received as a part of his or her fee. It is important to ensure that, while selecting a bicycle accident attorney, you find out whether he or she is comfortable to work with, as you are going to spend a lot of time with the attorney that you hire.