What To Do If You Are The Driver In A Ride Sharing Accident

uber appTwo of the fastest growing companies in the tech industry over the past few years have been Uber and Lyft. Uber and Lyft hire drivers as independent contractors and provide the service for them to find work.

How does this work? The Uber and Lyft app let the consumer share their location with the network of drivers, the first driver to claim the ride request gets to pick up that passenger. This has provided millions of individuals with part-time jobs that function as a freelance opportunity. In other words, they can work whenever they have time. Some contractors have even gone as far as making this their full-time position; in some cases bringing in over $100,000 per year.

Even though you are not driving, you are still at risk of injury if you are involved in a car accident. The laws on ridesharing are broken down into three individual periods if you are the driver. If you are the passenger you will also have your own set of rules. As with any accident, someone will be at fault and be held liable for any damages that happen to the individuals involved in the accident.

The Three Periods

Period 1: When the Uber/Lyft app is on and the driver is waiting for a request

When the app is on and the driver is waiting for a request, Uber can NOT be held liable for any accident you are involved in. The reason for this is that drivers are independent contractors. In other words, they are not technically an employee of Uber at this juncture.

There are a couple of reasons Uber set the company up like this. For one, this provides a bevy of liability benefits to Uber. One of those benefits is that you do not become an employee of Uber until you have answered a pickup request. While Uber does not provide accident coverage during this period, Uber does provide liability coverage.

Period 2: When the driver is en route to the passenger

When you have accepted a pickup request, Uber’s insurance technically begins to cover you. Although, this is a gray area, so I will take you through some specifics.

Usually, after an accident, the driver will not be able to pick up a passenger. This will require the driver to cancel the trip. However, when it comes time to claim liability, Uber is not aware of when the accident happened and they are not aware if the passenger canceled the request and not the driver. This means, even if you were on your way to pick up a passenger, Uber can fight the claim stating that you were actually looking for a passenger, which would allow them to follow the rules in period one.

Claiming liability in during period two will need the most evidence that you were on your way to pick up a passenger. One thing you can quickly do is take a screenshot of the date and time. This will show that you were in fact on your way to pick up a passenger at the time of the accident.

Period 3: After you make the pickup

During this period, Uber’s liability will cover you Since there is a passenger in the car, it will be easy for any lawyer to prove that you were “on the clock” at the time of the accident.

Contact an Experienced Los Angeles Car Accident Attorney

Anytime you are in a car accident and the result is an injury to you or the other party, you should contact an experienced car accident attorney. Los Angeles Personal Injury Law has a team of attorneys that are experienced in ridesharing cases. Our attorneys know the ins and outs of the laws and will fight for Uber/Lyft to assume liability. Contact our office today if you have been in a ridesharing accident and suffered an injury.

Is Child Abuse/Neglect a Form of Personal Injury?

Child abuse occurs when a parent or caregiver causes an injury, death, emotional harm, or risk of serious harm to a child. Child abuse can come in the form of physical abuse, sexual abuse, emotional abuse, or child neglect. More times than not, any form of child abuse will alter a child’s life, in some cases leading to suicide later on in life.

According to the 2015 Child Maltreatment Report from the Children’s Bureau, the rate of child abuse has increased in every aspect. The number of reported cases is up from 2.6 million in 2014 to 4 million in 2015, the number of children involved increased .6 million, from 6.6 million to 7.2 million, and the number of child deaths from abuse increased from 1,580 in 2014 to 1,670 in 2015. The report went on to state that “about 30% of abused and neglected children will later abuse their own children.” Based on these statistics, there is a good chance that this vicious cycle will continue to grow if nothing is done to help prevent child abuse.

Is Child Abuse a Form of Personal Injury?  

The simple answer, yes, child abuse is a form of personal injury. There are a number of ways that you can go about fighting a child abuse case; they are:

 

  • Criminal Case: A criminal case will be brought by the government against the alleged abuser. This type of case is punishable by incarceration, imposition of fines, mandatory counseling, probation, and other sanctions.
  • Civil Lawsuit: A civil suit must be brought by the alleged victim of the abuse. Liability comes in the form of damages or compensation from the abuse of the victim.

 

Child abuse cases do not always result in a trial in the criminal court system. The majority of cases fall into one of these categories:

 

  • No criminal proceedings – There are no criminal proceedings in connection with the alleged abuse. This is common with unreported abuse.
  • Criminal Proceedings, Not Convicted – There are criminal proceedings with the abuser, but he/she is not convicted. This can be a result of dropped charges or a jury found that abuser not guilty.
  • Criminal Proceedings, Convicted – There are criminal proceedings with the abuse and he/she is convicted. This can be the result of the abuser making a guilty plea deal or the abuser being found guilty after a trial.

 

If there is a criminal proceeding, the result will play a factor in the ruling of any civil lawsuit that is filed. For example, if the abuser is found guilty, he/she will be held responsible in a civil lawsuit.

Who Can Help You Fight a Child Abuse Case?

For all child abuse cases, it can be a long, emotionally taxing experience for the victim. A case of this nature will require the victim to relive the abuse, as they will most likely have to tell their story during a trial. If you are a divorced parent and have abused your child, your rights to child visitation may be modified or revoked. An experienced personal injury attorney can help guide you through this difficult time by explaining your legal options and walking you through the lawsuit process. Contact a personal injury attorney today for more specific information about your particular case.  

Liability In The Event Of A Pet Attack

Most people who love a cat or dog expect others to understand that the pet is a member of the family. You treat it as a member of the family, you protect it as a member of family, and you respect it as a member of the family. If you can’t do those things for a fellow family member, then you’re probably not worthy of the respect yourself. Unfortunately, sometimes family members are involved in acts of seemingly random violence–pets included. What do we do when the worst happens? If you were the pet owner, you might be liable.

If you were attacked and bitten by someone else’s pet, then you need medical attention right away. Animal bites are extremely dangerous, and pet mouths are home to many malevolent bacteria just waiting to make your bad day worse. Not only is medical attention important for your health, but it also protects you from a legal standpoint. If you must seek compensation or sue the pet owner, then you’ll want your experiences as fully documented as possible. In order to do this, photograph the bite area. If you were badly injured, then continue to photograph the area as you recover.

When you speak to a legal expert, you’ll want to have details ready. Bring the doctor’s report. Bring any bills that resulted from the bite. Be prepared to describe the circumstances that led to the attack. Dogs don’t normally become violent until they feel threatened or provoked in some way, so you may have unknowingly caused the animal discomfort. Don’t exaggerate. If you have information about the pet owner or witnesses to the attack, then provide it to your attorney.

Liability in the event of a pet attack can vary from state to state. In some states, the owner is liable no matter the circumstances. Even if the dog had never shown prior signs of aggression, the owner is responsible for the attack.

If you’ve been attacked, then you’ll want to know how a pet owner might protect him or herself from litigation. If the owner of the dog or other animal ensured that other parties in the neighborhood were aware of the dog’s tendency toward aggressiveness by placing signs or building fences, and can prove that you ignored every warning, then you might be responsible for your own injuries.

Depending on the circumstances, other parties could share partial or full liability for the attack. For example, if your landlord entered your apartment without your knowledge and had already been warned that an animal was on the premises, the landlord could be held responsible. If the dog is in the custody of an outside organization like a kennel or dog walker, then they might in some circumstances be held responsible for the attack.

If, on the other hand, you’re the owner of a happy healthy animal in no danger of becoming aggressive anytime soon, then you might take estate planning to the next level by setting up a pet trust. This legal offering will help you decide how to allocate resources for your pet’s care in the event that you’re not able to provide that care yourself. The trust will effectively guarantee that your pet receives care in the event of your death.

The History Of Los Angeles

When many people think of Los Angeles, they think of Hollywood. However, the history of this Californian city goes back much further than that. Read on if you want to learn more about the history of Los Angeles.

The Ancient History Of Los Angeles

People have traced the history of Los Angeles all the way back to 38,000 BC. In fact, have people journeyed to see the La Brea tar pits for thousands of years.

We also know a lot about the earliest visitors to Los Angeles. Chumash Indians settled the Los Angeles basin in approximately 8,000 BC. Hundreds of years later, the Tataviam and Tongva people also settled in the area.

Early Settlers

While Native Americans were the first people to settle Los Angeles, the area has seen many settlers since. The first modern settlers moved to Los Angeles in approximately 1781. These settlers came from Mexico, and they gave Los Angeles the name that it has today.

Once settlers came to the region, the Mission San Fernando was built. This attracted an even greater number of people to the Los Angeles region. After Mexico became fully independent from Spain, the area continued to flourish. Los Angeles began to develop its own unique culture; many aspects of that culture can still be seen in the city today.

The Impact Of The Gold Rush

While earlier settlers helped to establish Los Angeles, the city did not see a major surge in population until after the gold rush started. Once gold was found in the area, a large number of people began heading out west to Los Angeles. Many people hoped that they would be able to find fortune there.

A lot of the people that became rich off of the gold rush didn’t pan for gold at all. Instead, these people opened shops and trading posts that catered to the new population. Many merchants made a fortune selling food and basic supplies to new settlers. The gold rush helped to make Los Angeles into a large and populated city.

Los Angeles Joins The United States

Los Angeles didn’t officially become a part of the United States until 1848. While the United States took control of the city in 1847, it was some time before Mexico officially agreed to cede control of the region.

After Los Angeles became a part of the United States, the city began to flourish even more. Locomotives began to travel to the area, and more settlers began to head to the area. People wanted to see what this new territory was all about.

Los Angeles had a long history before becoming a part of the United States. Now, it is one of the quintessential US cities.

There is a lot that people don’t know about Los Angeles. Now that you have a deeper understanding of the history behind this city, you should have more respect for the town that it is today. Los Angeles has grown and changed tremendously, and it is going to go through even more transformations in the future.

If you would like to learn some more about the history of Los Angeles, we hope this video will help you out!

When Can I Not Sue For Personal Injury?

If you have been in an accident with another vehicle, and it is clearly the fault of the other driver, you should be able to take this person to court and get some type of settlement if you were injured, and there are police reports and hospital records to substantiate your claim, your lawyer should have no problem obtaining a settlement from their insurance company. There are times, however, where you may not be able to get a settlement from this type of situation. Here is a quick overview of how this process works, and ways in which you may not be successful.

How To Make Sure You Win Your Personal Injury Case

There are certain procedures that you need to do prior to filing for your settlement. Before you work with any attorney that can help you, they need a few things. First of all, the moment that the accident happens, the police need to be called. A police report needs to be filed officially. Second, you need to get medical treatment which will be documented. This will provide you with physical proof of your injuries. At the same time, there should be images taken of your vehicle, and also the bodily injury or injuries that you have sustained. This will all work in favor of helping you to win your case.

Is It Possible That You Could Lose Your Case?

It is possible that you may lose your case for a couple of different reasons. First of all, if it is clearly shown by the police that it was your fault and not the other driver. Second, if you do not have all of the documentation that has been mentioned to support your claim, there is the possibility that your situation may not be convincing to the judge. Finally, if you do not retain a lawyer to represent you with this type of case, then you may be facing an uphill battle. Judges like to see people have legal representation, and if you do not retain an attorney that can help you with this matter, there is a high probability that you may lose your case.

When Can You Not Sue For Personal Injuries?

The only time that you can definitively not sue for personal injuries are if you have been arrested, at the scene of the accident, with a DUI. If you are intoxicated, and this is documented, there is no way that you would be able to pursue this case. It is not possible for people to win a case where they are at fault, let alone if they were drunk and actually cause the accident. This is the one time that there is no leeway at all, and you will likely end up being the one that pays for the damages that you have cause.

Unless you are intoxicated, and the person that caused the accident, then you should have no problem pursuing some type of lawsuit to get a settlement for your injuries. If it is clear that the other person was at fault, then this is something that you can use to your benefit to obtain money for time lost at work, medical expenses, and the replacement of your vehicle. However, if you were arrested with a DWI or DUI at the scene of the accident, then there is no hope of ever receiving a settlement and you should not pursue litigation.

When Do You Need An Attorney?

While not every case requires the services of an attorney (such as simple court claims and fighting a speeding ticket), there are times when only a good lawyer can get you off the hook. This doesn’t necessarily have to be a legal matter either. You may need an attorney for legal advice on various issues, such as when making a major purchase or investment. Some of the instances where you are much safer with a lawyer include:

1. When going through a terrible divorce

While no one plans to have a divorce in the future, some instances are just unavoidable. A divorce can shatter a person’s life and self-esteem particularly if there are dependents involved. If going through a tough divorce and are worried about the outcome, you should then consider hiring a divorce attorney. A good divorce lawyer should help handle the divorce expertly, thus giving you time to heal or focus on other more important things.

2. Personal injury due to someone’s carelessness or negligence

If you sustained an injury at work or due to an auto accident where someone else was at fault, you then ought to seek compensation or justice. Some forms of injuries can be decapitating, meaning the patient may never be able to work again. If engaging the offender seems unfruitful, you then should consider hiring a personal injury lawyer. The lawyer will look into your case to see if you have a good claim. If the claim is viable, he/she will then engage the other party, or even push for a trial to ensure you get compensated fairly. Most personal injury lawyers work on a contingency, meaning you never have to pay anything until the case is won.

3. When facing a criminal charge, or a DUI

Tax fraud, domestic violence, vehicular homicide, and DUI are examples of criminal charges that could land you in jail. If you have been accused of any criminal offense, the only way you stand a chance in court is with a good defense attorney. These attorneys not only know the law better than you do but could also help reduce the charge to a petty case. You however need to hire the best you can afford for your life depends on it. Attempting to represent yourself is as good as gambling with your life.

4. Drafting and discharging a will

While drafting a will may be easy for some people, having it fulfilled to the letter is the hard part. Leaving your property and wealth under the mercy of dependents almost always ends up with a split family or even worse. The only way to ensure your will is followed to the letter is if you have an attorney discharge it. The attorney should not only help you draft the will, but also ensure everyone gets his/her fair share.

5. When making a major purchase

Hiring an attorney to oversee almost every major investment or purchase you make, can help keep you out of trouble. Investments such as investing in real estate, or even adopting a child require the expertise of an attorney to ensure you don’t break any law.

These are just but a few of the many areas where an attorney’s service is needed. Always go for a lawyer specializing in that particular niche for the best representation. Look into several lawyers before deciding on the best one for the job.

When Should I Hire A Personal Injury Lawyer?

It can be hard to decide when you should hire an attorney. Not every individual has a deep understanding of the law. If you’re interested in filing a personal injury case, but aren’t sure you should be working with a lawyer, these are a few things you’ll want to consider.

Talk To A Lawyer If You’re Considering A Case

If you think you may want to file a case, but you haven’t made up your mind yet, you should speak to a lawyer before you do anything else. If you sit down with a lawyer, you’ll be able to talk about the details of your case. The attorney will be able to tell you whether or not the case that you have is a strong one.

During this meeting, you’ll also be able to ask the attorney some questions. You’ll be able to determine whether or not you should hire a lawyer, and you’ll also be able to figure out whether or not this particular lawyer is a good fit for you. Your next step will be clearer to you.

Hire An Attorney If A Lawyer Has Confirmed Your Case Is Strong

If you’ve met a great attorney that has confirmed you have a strong case, you should hire them sooner rather than later. There’s no sense in waiting to file your case. It can take a long time for a legal case to conclude. If you file early on, you won’t have to wait long to get your settlement.

Don’t put off hiring a lawyer any longer than you have to. Once you’re sure that you want to hire someone, you should get in touch with a lawyer as soon as you possibly can. Move quickly with your case, and it will come to a quick resolution.

Gather Evidence Even If You’re Not Ready To Bring In A Lawyer

If you’re not sure that you want to hire a lawyer, you should still start compiling evidence for your case. As time passes, it will become more difficult for you to gather evidence of your injuries. If you get the evidence that you need now, you’ll have a strong case when you do bring in a lawyer.

You should start documenting things immediately after the accident occurs. Take pictures of your injuries and how they heal. Save copies of any of your medical reports. If you have to miss work because of your injuries, you should try to document that as well.

Evidence wins cases. If you can provide your attorney with a wealth of evidence, their job will be a lot easier. With enough evidence, they’ll be able to bring your case to a swift resolution.

At the end of the day, whether or not you hire a lawyer is completely up to you. With that said, talking to a personal injury attorney can give you a lot of insight. Use the advice that is listed above so that you can decide what you want to do next.

What Is A Defective Product?

While most people have a basic understanding of what a defective product is, it’s important to understand what the term means as a legal definition, as this may be somewhat different to what you were expecting.

In this guide, we’re going to highlight what a defective product truly is, and show you some of the terms and stipulations that are required to be in place before a product can legally be considered defective. You will also learn more about the different types of defective product claims that exist, so let’s get straight to it.

First of all, a product is considered defective if it is commercially produced and distributed with a certain aim in mind, but is then considered unfit for its intended use, dangerous to use for its intended use, doesn’t provide you with the necessary instructions to use it safely and properly, or is inherently dangerous simply due to failure in its design or construction.

Ultimately, this means that a product can be considered defective for several different reasons, so it’s a good idea to understand these different aspects if you’re hoping to make a legal case.

Now, perhaps one of the most common types of defective product is due to manufacturing faults, such as damage that has occurred to a key operational part of the product. When it comes to legal cases, the vast majority of successful defective product claims come down to injuries being caused by a product that has been manufactured incorrectly.

As a result, serious injury can be caused, which is likely to enhance your ability to successfully make a claim. As an example, if you buy a motorbike that has defective brake pads, or no brakes fitted at all, then the product could be considered defective. As you’d expect, riding a motor vehicle in any capacity without brakes is very dangerous, and this could potentially be a claim depending on the surrounding circumstances.

Another form of defective product comes in the form of a defective design, in which the product is inherently flawed rather than missing a key component. As an example, if you were to purchase a pair of sunglasses that do not have the necessary eye protection even though they claim to do so, then this could be a potential claim for a faulty product that doesn’t live up to its previously advertised claims.

A somewhat rare yet nonetheless important form of defective product is the product that comes without adequate instructions which lead to dangerous use and possible injury.

A common example of this is in the medication industry, where you may find a certain cough syrup doesn’t come with the necessary labels that inform you how to safely consume the product nor inform you of things that you should avoid taking in combination with it.

At the end of the day, understanding what a defective product is doesn’t have to be too complicated, and once you understand the basic principles of why a product may be defective, you should have a good idea of how the laws surrounding the subject will work.

If you would like to learn more about this subject, please watch the following video:

An Explanation of Personal Injury

Accidents are not uncommon. They can happen at any place at any time. However, they have a reputation of occurring at the least expected times. Accidents can affect anyone whether they are at work, on the road, in a public place and even at home. Some accidents are no one’s fault, but a big number of them can be prevented. Accidents can have a significant impact on your life, and so, it is important to look for ways to avoid them.

When accidents occur, they often lead to personal injury. There are various laws surrounding personal injury law, which we shall briefly look at in this read:

Definition of Personal Injury

Personal injury often involves injury to an individual’s body, but it can also be a psychological injury like extreme stress at work. When another party, either an individual or a company is at fault for a person’s injury, they may be legally liable for the expenses of treating the sustained injury or damage. That’s why you see commercials of lawyers who specialize in personal injury law. Having a lawyer ensures that the injured person is justly compensated for the sustained damage and injury.

More often than not, injuries are the result of negligence. A good example is when a spill occurs and not mopped on a grocery store and a customer slips and breaks a leg. Another example of negligence is a doctor prescribing wrong medication to a patient.

If you have sustained an injury, you have what is known as a CLAIM against the party responsible. Slip and fall, car accidents and accidents at work are some of the most personal injury claims. Wrongful death and medical malpractice are other types of personal injury claims. The list doesn’t end there, and that’s why it is always wise to consult a lawyer before filing a claim. A competent lawyer will assess your claim and advise whether it is viable.

So, what happens in a personal injury case?

The money that a victim receives for personal injury is known as settlement. Insurance providers usually pay for the settlement on behalf of the party responsible and it’s their goal is to always pay as little as possible. This is another reason why it is important to hire a personal injury attorney with experience in dealing with insurance companies.

The settlement usually includes repayment for lost earnings from works, medical bills, and pain. Some are also paid for loss of consortium, which is basically the loss of benefits by the injured’s wife or husband. This can include the victim’s inability to work and provide for the loved one’s living expenses.

Sometimes, more than one person may be responsible for the victim’s injuries. This often becomes complicated since a decision of how much each party is responsible for has to be made. Such cases often end up in court, and the judge decides how much each party should pay.

If you get injured due to someone else’s negligence, it is advisable to consult a lawyer immediately if you want fair compensation. That’s because the law requires personal injury cases to be filed within a certain period after the accident.

Understanding Nursing Home Abuse

While this is a very touchy subject, nursing home abuse is something that happens and that affects thousands of elderly individuals each and every year. People who put their parents and loved ones into one of these homes need to know what to be on the look out for and how they should deal with these abuses as well. This is one of the many ways that children can look after their parents, even after they have moved them to a home where they will receive 24/7 care.

Sometimes this kind of abuse is small, based upon the idea of making the residents feel like children, or like they can do nothing right. This includes scolding them for things beyond their control, telling them that they are a burden, or otherwise attacking them verbally. This can also be taking away their privileges, not giving them mail from their children, watching their communications, and otherwise making them feel like they are infants. This is not okay, and it can leave the people who cared for use over the years feeling like they have done something wrong, when all they are trying to do is live.

It can be small physical things as well. Things that wouldn’t leave a bruise, but that would hurt the person in question. Grabbing the wrist of a patient too hard, smacking their fingers away from something, forcing them to sit in their own mess, and many other things like this. Sometimes it can be things like sticking them a few too many times with a needle, subjecting them to checks and appointments that they don’t need, and otherwise causing them small amounts of harm as a punishment.

It can be ignoring a patient, making them feel like their needs aren’t important. On example is not getting water for a patient when they have asked, not changing out a bed pan, not giving them a shower or a bath, or not helping them get up. All of these are merely seen as ignoring the patient, but they are also forms of abuse that can leave a lasting impression. A good care facility will make sure that the clients are always being cared for and that they will always feel like they are important. If your parent or other relative does not feel like they are being well cared for they might be being abused.

Finally, there is the form of abuse that is the worst, over the top physical abuse. This can be anything from hitting and beating a patient to restraining them or forcing them to go without food for days at a time. We like to pretend that this kind of abuse doesn’t happen, but it is much more common with patients who have mental health needs or who do not have family who come to see them. There are some sick individuals who take pleasure in harming older people, and sometimes these individuals get jobs in nursing homes.

Always check in with your relatives to make sure that they are not being subject to nursing home abuse.