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Month: August 2015

Not All Slip & Fall Cases are Covered By Stores or Their Insurance

man dressed with winter clothes slipping on floor isolated on white background
Full-length portrait of a young man dressed in winter clothes slipping on floor isolated on white background.

It is often in the news that someone fell in a store and sued the business to receive millions of dollars as settlement money. We also know how so many people have tried to fake these accidents. But it is not that easy to prove such cases.

Furthermore, you might be in the habit of hearing most of the slip and fall cases in stores and other business premises. You have to realize that a homeowner can face such a scenario because of a slip and fall accident.


How Does That Happen That a Homeowner Could Be Sued for a Slip and Fall?

As a homeowner, you have the expectation to take care of your building. Above everything, you have to make sure that your premises are safe for anyone coming in it. If there is anything that looks unsafe and hazardous, you have to make sure to get rid of it.

You could make your inside of the house unsafe for visitors by your actions or by being totally inactive about some situation. Let’s say; there was a rug on your floor that became folded at one corner, sticking out like a bump.

If someone tripped on it and incurred injuries, you will get blamed for the accident. But the visiting or victim has to prove that you could have done something about the unsafe situation in your house.

You could have gotten rid of it. Sometimes you could become sued for taking an action that leads to an accident. For example, you are soaping the floor to clean it, but you have not put up any signs to warn the visitors of the wet floor. If someone falls on this wet floor, they could easily file a case against you to receive compensation.

Winning an Injury Case Means Understanding the Scope of Liability

It all depends on the negligence of the homeowner. It is also possible that someone slips and falls in your house but still is not able to sue you for the accident. Even if you’re sued, you could easily come out of the ordeal without having to pay anything in the settlement.

It is because the condition that caused the accident was either not in your knowledge, or you were in the process of taking care of it. However, if you’re proved negligent, there is a high chance that you will end up losing the case. So you may end up offering settlement amount to the victim.


What Do Homeowners Face?

When there are a big slip and fall case, the homeowner can get into a lot of trouble. Homeowner’s insurance company has to pay the enormous settlement amount. Depending on the injuries, expenses, and agony the victim has gone through. The biggest costs that make up the big part of settlement money are medical expenses.

When a person’s injured and hospitalized, they receive medical care depending on their state of health. The stay in the hospital, treatment, medication and any long-term care could amount to a huge total.

It does not matter whether the victim had their insurance. If a homeowner’s proved to be negligent in his/her conduct the settlement money has to see payment. The victim can also claim reimbursement and compensation for the amount of pain.

If the victim has gone through severe mental trauma and physical pain, the compensation amount could rise. Doctor’s reports of physical injuries and pain can help the victim a great deal in receiving an enormous settlement amount.

In addition to the injuries and pain, there are other types of damages that victims incur in such accidents. Most importantly, they lose their income because they cannot go on their job for as long as they are in bed. The longer the wait, the higher the compensation amount would be. Sometimes, the victim might receive permanent damages. And that could result in a permanent loss of income.

Last and the worst is when the victim dies. It is a case of wrongful death, and here the compensation’s received by the beneficiaries of the dead. These could be huge sums of money.


Getting The Right Homeowner’s Insurance

If you research online or search in the market, you will find out that homeowner’s insurance is available on many different levels. Not all of them are the same, and not all of them cover you entirely. It is best to invest in paying more premiums every month than to pay a huge sum of money out of your pocket for a settlement amount that exceeds your coverage.

This is very much possible when you don’t have adequate insurance in place. When a victim sues, a personal injury lawyer fights the case with vigilance. So defendants could end up with a huge compensation amount to pay.

Make sure you ask all the important questions from your insurance carriers. Before starting your premiums or signing up for the insurance policy. Furthermore, be watchful of the conditions in your house when you are inviting people. Gatherings and special occasions are the most sensitive times when such accidents can take place.


Getting In Touch With An Attorney

t does not matter whether you are a homeowner or a victim who suffered a slip and fall accident. The lawyers are out there to help you find justice.

It is also possible that homeowner might not have any fault in the whole case. Sometimes people would sue other parties only to gain financial benefits. Sometimes the victim has genuinely got hurt. But it proves later that they could have avoided the situation quickly by being more careful and watchful.

When you or someone you love has got hurt in a slip and fall accident, get in touch with a personal injury lawyer first thing. The faster you get in touch with them the better case they can make for you, increasing the chances of you receiving a good settlement amount at the end.

Further Reading:

http://www.nolo.com/legal-encyclopedia/slip-fall-accidents-proving-fault-29845.html  Nolo.com Slip and Fall. Accidents: Proving Fault

http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall.html  Findlaw Slip and Fall Injuries.

Getting Paid for a Truck Injury In Long Beach

Google Meet your Competition
Will this be self-driving soon?

After an LBC truck accident from negligence, it is important to know your legal rights. Knowing your rights also entails understanding your duties, and obligations. What would you do if you wrecked in an accident, for example?

So to start with, Long Beach stands out with the smell of diesel fuel. And this is for a good reason. There are over 88,000 port drivers operating diesel rigs in this town each day. Hence, it is no exaggeration to say that our firm gets approached by crash victims from all walks of like. So all the time suffering victims come with all manner of stories. These stories become related with these lumbering, steel beasts.

The Inherent Motoring Risks of Traveling Through Long Beach

Knowing inherent risks with visiting, working or residing here are necessary. So this helps in your deciding the best strategy and tactics for negotiating the geography. One exceptional case in the news, a poorly strapped down trailer load in this beach community. This led to a cargo spill at freeway speeds. This sad case resulted in mass fatalities. Another instance, the wake of destruction an overloaded, poorly maintained truck wrought. In that case, the behemoth lost its brakes and steering control.

So knowing the pitfalls, means mitigating or eliminating them. First of all, this town is a magnet for all types of travelers. Hence, it is also world famous as an international shipping and receiving center. Because of this, it imports and exporting large, movable goods and products. Thus, big rigs abound.

  • The Attractions Cause Distractions

Most of all, Long Beach and San Pedro are also both historical U.S. Navy towns. Hence, there are famous military landmarks everywhere. So this means that retired, elderly vets like to visit here before they pass away. For the youngsters, Eastern Long Beach became known for other reasons. For example, it is the home of famous rapper, Snoop Dog, and other big acts. So tourists with different levels of driving experience are commuting and meandering. There are folks everywhere in just about every crack and crevice of this giant.

So travelers with various levels of driving experience are commuting and meandering. There are folks everywhere in just about every crack and crevice. This is is a giant, beachside metropolis.

Some things that stand out quite glaringly about this city are the Port of Long Beach. Check out the Battleship Iowa. You can’t help see landmarks and tractor-trailers parked side by side at the dockyards. So you see it as soon as you merge on the Gerald Desmond Bridge. Check out this live streaming video of the bridge here to see the clutter and activity for yourself.

  • Attractions and Driver Distractions

    What do all these attractions and distractions mean to the ordinary passenger car commuter? Simple, there’s an inordinate number of 18 wheelers bottle-necked together. They crowd on the freeways and roads. Also, they usually stick with smaller, lighter passenger vehicles and two-wheeled motorcycles.

These lumbering transport machines are also simultaneously ingressing and egressing. Activity abounds throughout this port of call along tourist routes. Also, there are extra vehicles sharing roads with commuter buses and electric trains. A lot is going on here all at once.

 

Of particular interest, shipping containers abound the docks. So naturally, union workers, truckers, military and DHS vessels are a common seaside presence. Also, there’s beautiful beaches, the Queen Mary, and Scorpion Submarine. For kids, there is the Aquatic Marina. Last, these are all the main tourist attractions (Read More.) Thus, a lot is going on here. When combined with the commercial shipping, accidents are unavoidable. Due to speeds and vehicle sizes, sometimes they are fatal.

  • Shipper Cutting Corners to Stay In Business?

    So truckers, the regular seaside workers and pleasure seekers, all take the same freeways. Many use expressways like the 710 Freeway, for example. The higher costs of commercial trucking regulations, fuel, maintenance, and repairs are painful. This means that shippers then caught cutting corners.

Thus, they may be cooking the books and logs to feed their families. Proud truckers want to stay off of unemployment insurance and out of bread lines. It’s no surprise that lack of enforcement of safety regulations is also a reason for truck crashes.

But knowing this information beforehand will help protect you in many ways. In particular, it could save your life in the event of this type of detriment while out on the road. The main takeaway from all of this is that one must be extra vigilant when in this city.

  • Holding the Liable Parties Responsible

Holding the guilty party(ies) responsible is often more possible when you hire a lawyer. Hence, experience and dedication to justice hold the at-fault party responsible. Also, it relieves some of the stress and anxiety attendants to those suffering without compensation.

The first of the ways a competent lawyer can help is to stand in your shoes. A skilled attorney can also file the liability claim in a timely fashion. This first step will allow the injured accident victim to seek compensation. This is for the expenses that they are facing.

Thus, they work to obtain money for things like medical bills. Hence, they work quickly to earn money for pain and suffering, loss of wages and other costs. These are what they get due to the injuries sustained. These are things the plaintiff can seek when negligence had played a role.

Injuries and Compensation in Trucking Accidents

When you have gotten injured, many parties can be potential defendants. Thus, drivers, shipping companies, and the city may have caused or contributed to the incident. So the ill effects of congestion, noise, and pollution, pale to negligence. A driver or company being careless and crashing their vehicle. Examples would be aggressive truckers tailgating. The other thing that happens is another tractor drifts and save fuel costs.

Another case in point is a trucker on drugs or alcohol who falls asleep or road rages. Also, it can become worse depending upon if the drugs were uppers or downers. Whatever the bad behavior, this can be considered negligence. In some cases even intentional conduct. So right after a sad incident is when it is important to speak with a lawyer. You need to understand about filing a claim for compensation. You cannot sleep on your rights. Justice delayed, equals justice denied.

Making a claim against a government entity could be time barred. You need to identify quickly if a road defect, substantially changed condition or pitfall. Hence, you need to know if others caused or contributed to the injuries. Last, only a great lawyer knows exactly what to do.

Lawyer Shopping? Have Documentation Ready

So keep in mind when you approach a firm with information, what you tell them is always confidential. They are under an ethical duty to keep everything you discussed with them and showed them private. When speaking with the potential legal counsel, it is important to have any documentation. This includes things such as the police, Traffic Collision Report. Last, this particular report is official documentation about the events of the accident. So it can often include witness statements about the wreck.

It is not unusual for insurers to attempt avoiding the guilt of negligence. Also, these companies are often very sneaky when it comes to covering up evidence. So they are experts at shifting blame back on to the victim. Documentation can help take away any leverage from the insurance company and their attorneys. Hence, it is critical to making a report after a truck accident.

Passenger Car versus Truck

When collisions occur between passenger vehicles and tractor-trailers, small cars don’t stand a chance. These are the ones most at risk of getting damaged. Animal transporters and long haul rigs are just large vehicles. Almost always, the injuries can be far-reaching.

As noted above, these injuries can be life-threatening or even result in death. When mishaps occur resulting in death with proof of negligence, its a “wrongful death.” The injured victim of a negligent truck accident’s entitled to compensation. So too is the family of someone that suffered a wrongful death is also entitled to compensation.

Filing Your Long Beach Truck Accident Claim

Filing your negligence, or liability insurance type claim after a crash is critical. But doing it right means that you need to have a real truck accident attorney. Also, you need one that is a part of the Long Beach community. Firms like Ehline Law has experienced in motor cargo transport accidents. These attorneys know both the local and state laws. These are the rules attendant with mastering a successful recovery for a bad off client. So these legal pros will know how to handle your case with your best interest in mind.

Also, when a claim gets made that involves insurance companies, adjustor’s will play games. This can result in the victim making many trips back and forth to court. With the result a drawn out legal battle. One of the newer tactics is to allege the truckers are actually “independent contractors.” So even though they are employees of the shipping company the argument gets used. These tactic defendants rely upon to shield assets of shippers, skirting safety regulations.

  • Some Factors Making the Trucker a Plaintiff

In fact, the trucker himself may be the victim of toxic chemical exposure. Sometimes it could be a crushed foot from a broken tail lift or other dangerous work conditions. Other times, wage and hour violations are the issue. Getting burned is a serious risk. In fact, 6.5% of truck crashes result in open flames. (View Source) Of course, it is the driver of the vehicle who is usually consumed or badly burned in these incidents. Moreover, it is not always the other vehicles in the chain.

Cross-Claims

Sometimes the truckers themselves may join in your case as co-plaintiffs or cross-defendants. They may be suing their bosses for denied retirement benefits. Bus it could be a claim based on access to health care, and workman’s compensation. These cases can quickly become very complicated. Hence, no way should be untrained victims, or scorned truck drivers take this on alone.

Getting a firm with the local presence, and experience increases chances of settling out of court. Hence, they will seek the maximum amount of compensation possible. This is on behalf of injured victims against the negligent driver. It also goes for the truck company and other defendants. So this payment can include compensation for medical bills. Furthermore, it can also include pay for lost wages, along with pain and suffering.

More Resources:

“California bus crash: FedEx truck was on fire before fatal collision, witnesses say”: http://www.dailynews.com/general-news/20140412/california-bus-crash-fedex-truck-was-on-fire-before-fatal-collision-witnesses-say

“La vida de los choferes portuarios”: http://dinero.univision.com/economia-y-negocios/noticias-economicas/article/2009-03-31/choferes-portuarios-inmigrantes-victimas-de

“Death Toll Rises”: http://latimesblogs.latimes.com/lanow/2012/11/death-toll-rises-to-3-in-long-beach-truck-crash.html

“710 Partially Reopens After Crash”: http://losangeles.cbslocal.com/2012/11/20/long-beach-710-freeway-partially-reopens-following-big-rig-crash/

“Truck Driver Death – Port of Long Beach”: http://www.presstelegram.com/technology/20090129/truck-driver-killed-at-port-of-lb

“UPDATE: Univision’s Primer Impacto Investigates Dangerous Road for Port Drivers” – PRNewswire-USNewswire: http://www.prnewswire.com/news-releases/update-univisions-primer-impacto-investigates-dangerous-road-for-port-drivers-61993832.html

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Dangers of SR 90 Extension Project

Admiralty Way Bicycle and Pedestrian Accidents
Old man crossing Lincoln in Marina del Rey, California.

The attorneys at Ehline Law Firm PC, have brought you this educational page because we want to prevent more deaths and traffic related bad luck on Admiralty Way, Marina del Rey, California. Many residents and commuters have seen or heard of severe bicycle spills and people on foot being run over by motor vehicles, on Admiralty Way.

Now the Coastal Commission and Cal-trans want to increase the chances of calamity by extending SR 90, so it dumps heavy traffic right onto Mindanao and Admiralty Way. Our firm says no to the SR 90 extension. Read below to learn why.

Have you or someone you know been injured or killed on Admiralty Way, or suffered bike injuries to children? If so, you’re not alone. But people not from this locale are trying very hard to extend SR90, so it empties directly onto Admiralty Way, a residential area road! The SR90 extension plans claim to be “helping” relieve congestion. But the available facts reveal it will make things much, much worse for bicyclists, pedestrians, and motorists.

Bicycle Rider Michael Ehline Is Fighting to End the Admiralty Way Nightmare

Michael Ehline is an avid bicyclist and has brought you this informational and educational web page to warn the unsuspecting Marina del Rey resident, recreational bicyclist and even vacationer, that you may need to retain our illustrious legal assistants sooner than you think if the Route 90 expansion is allowed to continue.

Because it is tough to get Admiralty Way accident statistics online, or from the State for that matter, our local law firm has created this user supported web page. We want to know about your predicament. We’ll post it here online for free, so other Marina del Rey residents and vacationers alike can see just how dangerous Admiralty Way is.

Tell us about your disaster case, and help fight the roadway expansion now. The SR90 extension will more than likely, cause more severe injury accidents and wrongful deaths than ever. And because the government has “design immunity’ available as a defense under the California Government Code, the State may be immune from suit. This means you have no way to sue the wrongdoer if the SR90 Extension plan is approved!! This is why fighting the Cal-trans Route 90 expansion plan is so important.

Admiralty Way Bicycle Accident Statistics:

  • In early 2006 a young girl was riding her bike on Admiralty Way, and she was run over by a car. The girl suffered a serious adhesion and friction burns.
  • In mid-October 2006, Michael Ehline, operator of Ehline Law Firm, witnessed another young girl who had been run over by a passenger truck. The young bicyclist was laying on the corner of Admiralty Way holding her leg and crying. The young bicyclist was apparently crossing Palawan Way from North to South on her bicycle when a green truck was making a right onto Admiralty Way off Palawan Way.

Michael Ehline who was also riding his bicycle that day informed the fire department it was a badly engineered, blind corner; and that he [Ehline] had almost been hit several times by cars while crossing the crosswalk at the very same spot.

October 28, 2006 Admiralty Way Hit and Run Pedestrian Accident:

  • October 28, 2006, at about 8:00 p.m. an employee of Ralph’s grocery store was seen walking in the poorly lit crosswalk at Admiralty Way and Mindanao. The man was walking across Admiralty from North East to South East. The man was run over by a car and killed. And although these are just a few of the many problems on Admiralty Way, the government wants to dump the Route 90 freeway right onto Admiralty Way and Mindanao! This is simply shocking.

In other words, in spite of the fact that Admiralty Way is one of the most dangerous roads on the West Side, the State wants to expand it and create a situation whereby more people will be injured and killed on Admiralty Way, Marina del Rey, California.

Nationwide Bicycle Accident Statistics Show How Dangerous the SR90 Extension Will Be to Admiralty Way:

Reckless and Negligent Car Operators Will Only Increase if this goes through. Nationwide bicycle contretemps are in accord with the above local accident statistics for Admiralty Way.

  • Almost every 6 hours a bicyclist is killed by a car;
  • About 1 million kids are hurt every year from bicycle type accidents;
  • Almost half of cycling deaths happen to children less than sixteen years old;
  • Traumatic Head injuries cause about seventy-five percent of all serious injuries and fatalities in bicycle accidents;
  • Car crashes amount to 1/3rd of bicycle accidents. This is how the majority of serious injuries and wrongful deaths arise.

Car operators are often not paying attention bicycle operators. Car drivers are supposed to treat a bicycle as a motor vehicle. The same laws apply. Increasing car traffic, by dumping a major highway onto Admiralty Way, will only serve to compound these problems.

Cal-trans Says Dumping Non-Resident Commuters Into Marina del Rey Residential Neighborhoods Will Help Decrease Traffic in Marina del Rey:

Cal Trans is apparently working hard to make life more difficult for residents and visitors. Cal-trans along with the California Coastal Commission is ramrodding this bad plan down the throats of Marina del Rey residents. (Read the CA Highways Report.) Cal Trans claims the 90 freeway expansion project is to “remove” congestion.

How does Cal Trans think funneling traffic from the highway 90 into residential neighborhoods is going to help solve anything? They say extra lanes to allow more traffic and extending a major freeway, so it empties into your backyard is the answer. Imagine this. Admiralty Way is now a “freeway” off-ramp.

Our law firm notes that Cal Trans has no available reports online showing how this plan will protect Marina del Rey residents, or for that matter, how artificially increasing traffic will help lessen residential traffic congestion. All the material available online about this subject is full of conclusions that it SR 90 extension is good.


No Online Reports to Prove Any of the Government’s Assertions

For example, Ca-trans fails to have available online any engineering reports or expert reports that dumping SR90 into residential neighborhoods will decrease congestion. Logic dictates that making Mindanao and Admiralty an SR 90 off-ramp will cause those not even going to the Marina to be forced to pass through.

It will also encourage those who should be taking Lincoln to take a shortcut through Admiralty. So when Lincoln Blvd. is the real problem, with its ancient lane system designed for days of yesteryear, Cal-trans want to carve a path into the beautiful and modern Marina.

The fact that there is no material from any agency online that this plan will help us should raise warning flags. Instead, Cal-Trans has a report that concludes “residential development” requires that highway 90 be dumped into Marina del Rey. So in other words, since Marina del Rey is undergoing development, Cal Trans thinks dumping nonresident traffic from the Route 90 highway will somehow “decrease congestion.” (Read the Coastal Commission Report.)

And again Ca-trans has no feasibility studies, expert reports, safety studies, accident statistic reduction reports available anywhere online. But Cal-trans and other state agencies do have what amounts to propaganda for the SR 90 extension.

With such limited information and the known dangerous factors, it can be inferred that extending a freeway off-ramp is bad for us local Mariners. It’s your kids, husband, wife, or workers who may get killed by a non-resident driver being dumped into your local area by this absurd Route 90 expansion proposal. Cal-trans should extend Lincoln, a commercial area, rather than a planned community like Marina del Rey.


Adding Bicycle and NOT Car Lanes Will Make the Marina Safer

Perhaps Cal-trans could simply improve the lighting on Admiralty Way and take into account that making bicycle lanes instead of more traffic lanes will save lives. Who has ever complained about gridlock on Admiralty Way? Instead of increasing traffic and corresponding wrongful deaths by dumping a major highway onto Admiralty Way, we need to simply take into account the substantially changed conditions on Admiralty Way and the poorly designed road on Admiralty Way and fix them.

Many of the cross-walk posts are located in such a way that they create blind corners for a pedestrian pushing the walk button. Simple things like adding more lighting and relocating traffic posts would help decrease fatalities on Admiralty Way.

Changing the traffic light sequencing for vehicles leaving and coming from Mindanao and Admiralty at night and in the mornings would allow less traffic was jamming in the morning and evening hours. The bottom line is that Lincoln Blvd. needs to be re-done to account for all the 405 freeway traffic that use Lincoln as a shortcut. Lincoln is too narrow, and there are too many signals.

Q: What can I do?

A: Vote the elected representatives out of office who approve or support the Route 90 highway expansion plan! Any elected representative who supports the Highway 90 expansion must be impeached or thrown out of office now! Support those elected officials who provide SR 90 reports and statistics for our citizen’s review. Express your outrage that the reports available online are biased, only based upon conclusions and unsupported by online studies or facts, or engineering reports, or feasibility studies. Express your disgust with the Route 90 extension. Contact your local elected representative at the Marina del Rey Chamber of Commerce.

Tell Congresswoman Jane Harman if she supports the Marina del Rey Route 90 expansion, that you don’t support her! Tell her you do support her if she support the residents of Marina del Rey (Contact Marina del Rey Representative Jane Harman.)

If you or someone you know has been injured or killed on Admiralty Way, Marina del Rey, California, call our free attorney hotline. (888) 400-9721. We will post the facts about your Admiralty Way hard times for free online.

We want other Marina del Rey residents to see why it is so important that the Route 90 expansion is stopped at all costs. Our kids and families are too important. Evil succeeds when good men do nothing. Do something good and help other pedestrians, bicyclists and drivers avoid being seriously injured or killed on Admiralty Way.


STOP THE HIGHWAY ROUTE 90 EXTENSION NOW!!

In light of the fact that there are no online readily available expert reports, or feasibility studies showing how the SR 90 would truly benefit Marina del Rey residents, and because we already know how dangerous Admiralty way is, we cannot assume adding more traffic lanes and increasing traffic, will help.

A good argument could be made that adding more lanes would be good. But when you insert the small problem of making beautiful the city into a freeway traffic off-ramp, there is no way making the roads bigger is going to help.

Instead, the available evidence shows that increasing traffic lanes will just increase traffic from the new freeway off-ramp next to your newly remodeled grocery store, Ralph’s. Cal-trans does not have a credible track record on this, and is compounding the problem and not tackling the real Lincoln Blvd. problem. We must fight the SR90 extension.

Let’s work
together

Ehline Law Firm
Personal Injury Attorneys, APLC

633 W 5th St #2890
Los Angeles, CA 90071

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