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How to Get Mass Transit Accident Legal Assistance & Compensation

Although more accidents are involved when riding mass transits, people still opt for this mode of transportation because it is economical and convenient. However, there are times when accidents cannot be prevented, and mass transit accidents may result to lifelong suffering, pain, and disabilities.

Regardless of the injuries and damages, consulting an attorney at law is the best way to make sure that your rights will be protected, and just compensation will be sought on your behalf. At Kaye Law Offices, we can provide you with the legal assistance you need if you or your family member is a victim of mass transit accident.

Accidents are caused by driver, pilot and captain error, different types of mechanical defects, or simple mistakes made by maintenance teams and ground control. When you travel by plane or bus, an accident can occur as a result of pilot or driver fatigue, poor maintenance, mechanical dysfunction or perhaps due to fortuitous events.

These accidents can result to serious injury, long-term suffering, loss of income, or perhaps even death. There can be a scenario of no injuries, but damages and loss of property may have occurred due to the incident. When a loved one is involved, you and other family members may recover from damages that include medical expenses, loss of financial support, loss of love and moral support of your loved one and even funeral and burial expenses. When any these possible scenarios happen, you should consult with a personal injury lawyer here at the Kaye Law Offices.

Once you get involved in mass transit accidents, safety should be your number one priority. If you are injured, you may incur expensive medical bills, physical pain, emotional suffering and loss of income that must be handled appropriately. You may suffer from physical and permanent injuries that require long periods of physical therapy or rehabilitation. Depending on the severity of your injuries, you may be unable to go to work. Consider that your best solution aside from seeking medical assistance is legal advice to help you figure out and handle these complex issues.

When you consult with the Kaye Law Office, you’ll be assured that we can secure and protect your legal rights and claims. Our legal representatives will secure the compensation you deserve so you can focus on your road to recovery.

Remember to see a personal injury lawyer when you wish to get compensation for the resulting injuries and damages from a mass transit accident. If you need assistance in taking legal action in pursuing those claims, get in touch with the Kaye Law Offices and schedule an initial consultation now.

The Responsibilities of a Personal Injury Lawyer

Accidents are inevitable. Though there are precautionary measures that one can take on, accidents may happen especially when you least expect it. Accidents not only leave you injured physically but financially as well. Having an insurance that may cover the expenses incurred by the injury is not enough. In order for you to be unscathed and free from stress, it is recommended for you to have a lawyer dealing with physical injuries such as that of Beverly Hills Injury Lawyer.

Nowadays, more and more people are filing complaints involving physical injuries and character assassination. Sometimes, the form of the offender’s abuse may be misconstrued as an accident which is more likely a frame-up rather than a real accident in origin. This is the reason why you should get a legal advisor early on so you know what to do should an accident happen.

In line with this, the Kaye Law Offices can provide the services a Personal Injury Lawyer, who can help you in a number of ways.

Insurance Management

Dealing with insurance in your own hands can be stressful at times as it takes a while for your insurance request or claim to be processed. Spare yourself from the stress it may bring by seeking help from a member of the Kaye Law Offices. Personal Injury lawyers take charge of coordinating with an insurance company concerning the payables due to the other party. In this scenario, the lawyers negotiate with the insurance provider to minimize the costs to be settled or awarded to the other party. Moreover, personal injury lawyers ensure that you get to maximize the benefits of your insurance while reducing the amount of your payables to the other party involved.

Medical Referral

From bruises to cuts, fractures and other forms of physical injury brought by vehicular accidents or accidental falls, a personal injury lawyer is the best person you can run to in the event of this unforeseen incident. Although law and medicine are two different entities, a lawyer specializing in personal injuries has a strong network which includes a pool of medical doctors or even chiropractors. A personal injury lawyer therefore can refer you to a medical practitioner who can address your medical or surgical concerns.

Increased Settlement

Through the help of a personal injury lawyer, the damage settlement for an accident increases. This can be attributed to two things. One is the lawyer’s vast knowledge in the types of injuries one may incur in different forms of accidents and two,  lawyers, particularly personal injury lawyers have a contingency plan where they negotiate the amount of damages to be settled in terms. Thus, you get to receive the right amount of settlement for the damages.

Rain in Los Angeles: Protect Yourself as Auto Accidents Increase

Longtime Los Angeles residents know the pain that comes with winter weather, specifically on days when it rains. Traffic is almost always a daily concern, but the arrival of wet conditions always seems to make the problem 1,000 times worse. In addition to extended commute times, incidents of auto accidents increase when the weather turns ugly. Fortunately, there are several simple precautions you can take to protect you and your loved ones by reducing your chances of having an auto accident in Los Angeles.

  • Allow yourself extra time for your commute. In addition to extended commute times on rainy days, the extra time will allow you to drive more cautiously without rushing.
  • Turn your headlights on and use your blinkers. Limited visibility is a major concern on rainy days. Using your lights and blinkers will help ensure that other drivers can see you.
  • Even when you take precautions to make yourself more visible, you should not rely on the reaction times of other drivers. For this reason, give the car in front of you plenty of space. The usual rule of thumb is three to four seconds, depending on your speed. If the roads are wet or icy, you might have to give the car in front of you seven to eight seconds of distance.
  • Drive in the center lanes of the freeway. Water tends to pool along the outer lanes, and hitting a puddle can send your car hydroplaning.

Taking the proper precautions can help you avoid the pain and inconvenience of an auto accident when the weather gets bad. Other drivers in Los Angeles may have trouble driving in the rain but, if you follow these tips, you can be a step ahead of the game. If you are involved in an accident, we are here to help.

Car Accidents Caused by Cell Phone Use in California

In an instant, you can be involved in a car accident. Even people who are not distracted by any surroundings or passengers in the car can still find themselves in a collision. Accidents are unavoidable, so why do people continue to put themselves at increased risk by using their cell phones? According to the National Safety Council, it is a national epidemic that causes about 1.6 million crashes a year. Drivers who are distracted using their cell phones or texting resemble those who are driving under the influence. Violators speed up, swerve, slow down and take their hands off the wheel. These actions are certainly unsafe while operating a vehicle at any time.

Eating, drinking, listening to the radio, talking to passengers or searching for something in the car are all distracting behaviors that can cause accidents. Talking or texting on a cell phone while driving takes a great amount of focus away from the road and increases the chances of an accident with another driver, pedestrians or road obstructions.

Under any circumstance drivers in California are not allowed to take their hands off the wheel to answer calls or text messages. In 2008, California motorists 18 and over were prohibited from using handheld devices and instead were only allowed to use “hands-free” devices, a law under California Vehicle Code. However, violators are still making their presence known. In 2011, California Highway Patrol officers issued more than 168,000 citations to motorists ignoring the hands-free law and using their cell phones. Those that are involved in an accident from a distracted driver can count on the experience of a personal injury attorney to make a claim for personal injuries as soon as possible.

A Personal injury lawyer helps those who were involved in a car accident from another driver’s negligence or wrongdoing. When another driver is responsible for a victim’s damages and injuries, the victim is entitled to recover financial compensation. Consult with an experienced car accident attorney at the Kaye Law Offices and claim the compensation that is deserved.

Cell Phone Use and Driving

California Vehicle Code states that no one should be using a wireless phone, unless the device allows the user to listen and talk hands-free while driving. Motorists under the age of 18 are not allowed to use their hands-free devices while driving. Despite the laws, if a driver is using a cell phone while driving and causes an accident the driver may be held liable. Careless driving caused by cell phone use includes the following:

  • Driving with only one hand on the steering wheel
  • Eyes off the road to reach for a cell phone or dial a number
  • Failing to pay attention to surrounding dangers because of distractions caused by the cell phone (this includes being distracted by a passenger’s cell phone use)
  • Distracted by a conversation on a cell phone

Alternatives to Texting and Driving

Driving and texting has proven to reduce a driver’s ability to react to other drivers, dangers and maintain control of their vehicle. California’s Wireless Communications Device Law was effective as of 2009 and has banned writing, sending or reading text messages on cell phones while driving. Despite the ban drivers continue to get cited and cause accidents. Solutions to texting and driving while only using hands-free devices include:

  • Use of Bluetooth Headset
  • Bluetooth in car
  • Voice to text apps
  • Pull over and text in extreme importance
  • Turn off the phone or silence it

Consult with an Attorney for Compensation

If you or a loved one has been involved in a car accident which leads you to believe that the driver was distracted by using their cell phone while driving then do not hesitate to call the Kaye Law Offices in Beverly Hills. Experienced personal injury attorneys are available to consult with you and protect your legal rights. Have them help you file your claim and recover the compensation you are entitled to. Call a Beverly Hills car accident attorney for a free consultation.

Left Hand Turn Auto Accidents – Who’s at Fault?

The common understanding regarding left hand turn auto accidents is that the person making the left hand turn in front of an oncoming vehicle is the one at fault for the accident.  While that certainly may be true in the majority of auto accident scenarios of that type, that is not always the answer.

Vehicle Code § 21801 (a) provides that the driver of a vehicle turning left ”shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard.”  Subsection (b) of that same code section, however, states that those left hand turners who have yielded and signaled as required by the code, can then legally turn left and it is the oncoming vehicle that must then yield.

If the left hand turner has yielded, and the light turns red, he can legally complete his turn.  It is the oncoming vehicle who must stop at the red light.  There are often traffic light disputes in such cases as to whether or not the oncoming vehicle entered the intersection on a red light.  If the light was yellow, the left hand turner was duty bound to allow the intersection to clear, before completing his turn.

There are also circumstances where the act commonly referred to as “curb sneaking” may provide ammunition to the injured party in an auto accident where the oncoming vehicle struck a left hand turner after having passed on the right.  It may be argued that the oncoming vehicle was wholly or partly at fault for an unsafe lane change, or for passing on the right.  VC §§ 21658, 21754, 21755.

Auto accidents frequently occur when left hander turners cross the paths of oncoming vehicles where one or more travel lanes stop and leave a gap.  Sometimes those stopped vehicles even wave on the left hand turners.  In such circumstances, operators of vehicles intending to turn left must proceed into oncoming lanes with caution, and must only do so when it is safe.  Sesler v. Ghumman, 219 Cal. App. 3d 218 (1990); In Re Kirk, 202 Cal. App. 2d 288 (1962).

It is important to understand the intricacies of the law, and the claims that may be made on behalf of the person injured in auto accidents stemming from a left hand turning vehicle.  The laws are often times misunderstood and misapplied.  Feel free to contact Kaye Law Offices for further guidance on this, and all other personal injury inquiries.

Auto Accidents – Act of God Defense

A potentially responsible party in an auto accident personal injury claim may try to assert as a defense that he had a sudden, unexpected illness and is therefore not responsible for the resulting personal injuries and damages.  It is important to understand when that defense may properly be asserted.

A driver who is suddenly stricken by illness is not liable for any resulting injury if he had no
reason to anticipate the sudden illness and the illness made it impossible for him to control the car.  Such illness must be a physical illness and the driver must  act as a reasonably prudent person would have acted in response to the illness.  The defendant would need to show the sudden illness, and that he had no reason to anticipate it.

What to Do in a Car Accident

Car accidents occur on the heavily traveled roads and highways of Southern California every day.  When car accidents result in serious personal injuries to drivers, passengers or bystanders, they can have devastating consequences.  It is important to do the right things after an auto accident so that the health and safety of the victims are assured, and so any future claims for personal injuries and damages are properly secured.  The following checklist is a guide to what victims should do after a car accident:

1.  Check for injuries and immediately call 911 if anyone is hurt.  Seek all necessary emergency medical attention.

2.   Safely get out of the way of traffic, and activate your emergency flashers to warn other cars of your stopped vehicle.

3.   Call the police if the auto accident involves damage, injury or death.

4.  Try to take photos of the vehicles involved, skid marks, the debris from the accident and the accident scene before any vehicles are moved.

5.  Be wary about what you say concerning the accident as those statements may be used against you if they are unfavorable.  If the other driver makes any statements that are favorable to you, it is best if you can get them to write it down, or if others hear those statements, as you can use that against them.

6.  Write down all the car accident information, including the following:  date, time, location and accident scene.

7.  Exchange complete information with the other driver, including the following:  name, address, telephone numbers, e-mail, driver’s license number, vehicle year, make, model, license plate number, VIN number, insurance company name, address, telephone number, policy number, etc.

8.  Obtain all witness information, including the following:  name, address, telephone numbers, e-mail, and have them write down any favorable statements about how the accident happened.

9.  Obtain all 
police officer information, including the following:  name, address, telephone numbers, badge numbers, police report number and how you can get a copy of the police report.

10.  Speak to an attorney who specializes in personal injury car accident cases before speaking to any insurance companies or to others.  If police are present at an accident scene, you must speak with them but me mindful about what you say as any unfavorable statement you make may be used against you.

11.  Feel free to contact KAYE LAW OFFICES who can handle your personal injury claim for you, and do all that is necessary to maximize your recovery.

Dog Bites and Attacks

 There are many misconceptions about what claims a person may bring on account of personal injuries from a dog bite or a dog attack.  People often times believe that you have to show that the dog had dangerous propensities to recover.  That used to be the law in what was termed the “one free bite” rule.  The laws have changed.  The bottom line is that there are various ways to hold the responsible parties accountable for your personal injuries and damages in such circumstances.

First, if there is an actual dog bite, the owner is strictly liable for the resulting personal injuries under California Civil Code section 3341.  That section provides:  “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

    Separate and apart from the strict liability, one may also hold an owner or keeper of the dog liable where they knew or should have known of the dog’s dangerous propensities. Hillman v. Garcia-Ruby, 44 Cal.2d 625, 626 (1955).  They must show the dog had dangerous propensities, and the owner or keeper knew or should have known about them.  This is generally shown through prior dangerous behavior such as a vicious bite or behavior that clearly demonstrates the vicious propensity to bite.  It may also be inferred by the dog’s general reputation, the size and breed of the dog or the fact that the dog is kept chained or muzzled.

Lastly, one can recover from a dog bite or attack on a general negliegnce theory.  This can occur from mishandling a dog (Barnett v. La Mesa Post No. 282 (1940) 15 Cal.2d 191[horse in a parade]), ineffectively controlling or failing to control a dog (Drake v. Dean (1993) 15 Cal.App.4th 915 [leaping dog], putting a dog in a situation that foreseeably can cause injury (Baley v. J.F. Hink & Son (1955) 133 Cal.App.2d 102 [small dog on a leash]), or violating an animal control law (Delfino v. Sloan (1994) 20 Cal.App.4th 1429 [violation of leash law]).

Vehicle Code Sections Re Bicycles

Bicyclists often times fail to realize that most rules governing the operation of their bicycles are the same as those for cars.  While there are certainly differences and exceptions, it is important to know the laws and to use them to your advantage in any personal injury claim involving a bicycle or motor vehicles.  Some of the more pertinent laws pertaining to the use and operation of bicycles on our roadways are set forth below.

Vehicle Code §21200 provides that bicyclists are subject to the Vehicle Code just as drivers of motor vehicles.  Section 21663 provides that no motor vehicle shall be driven on a sidewalk except to enter or leave adjacent property.  Section 21650.1 provides that bicycles shall be operated in same direction as vehicles.  The Los Angeles County Code 15.76.080 expressly precludes a person from operating his bicycle on the sidewalk.  However, Los Angeles Municipal Code 56.15 only prohibits your riding a bicycle on a sidewalk if the bicycle is being driven in willful or wanton disregard for the safety of persons or property.