Both pedestrians and bus drivers have a duty of care when it comes to avoiding accidents. Pedestrians must exercise reasonable care when walking near busy roads and should avoid suddenly stepping in front of oncoming traffic. Bus drivers owe pedestrians a heightened duty of care to drive slowly and cautiously around crosswalks, bus stops, and other areas where pedestrians may be present. This is because buses are large, heavy vehicles that can easily cause major damage in a collision with a pedestrian.
If a pedestrian has the legal right of way when struck by a bus, this will weigh heavily in determining that the bus driver is at fault. Some situations where pedestrians normally have the right of way include:
In these types of situations, the bus driver is expected to yield to pedestrians and can usually be held liable for hitting them. However, comparative negligence laws in some states mean a pedestrian’s own negligence can potentially reduce the amount of damages they are eligible to recover.
If a pedestrian is hit while improperly crossing a roadway in an unmarked crosswalk or “jaywalking,” this will weigh against finding the bus driver at fault. Jaywalking pedestrians are likely at fault themselves for failing to yield the right of way to oncoming traffic. However, bus drivers still have a responsibility to drive carefully and slow down when spotting jaywalkers.
So, in a jaywalking scenario, fault is often shared between both parties. Again, comparative negligence laws in some states would reduce a jaywalker’s damages based on their percentage of fault.
There are a number of specific factors that can influence deciding whether the pedestrian or bus driver was primarily at fault:
States apply different legal doctrines when an accident involves shared fault between multiple parties. Some states follow traditional “contributory negligence” rules, which can completely bar a pedestrian who was even 1% at fault from any recovery.
Other states apply “comparative negligence,” which allows a partially negligent pedestrian to still recover damages but reduced by their percentage of fault. So, a pedestrian who was 30% responsible for the accident with a bus could still potentially recover 70% of the damages.
Determining fault in pedestrian vs. bus accidents almost always involves complicated legal analysis of the specific facts of the incident. Consulting with an experienced personal injury attorney is highly recommended if you have been injured as a pedestrian by a bus. An attorney can help gather evidence, prove fault, and maximize your potential recovery.
Being involved in a pedestrian accident with a bus can lead to catastrophic injuries, including head and brain trauma, broken bones, spinal cord damage, and other severe harm. The negligent actions of a bus driver that led to the crash should not prevent an innocent pedestrian from receiving fair compensation for their injuries, lost income, pain and suffering, and other damages.
Potential compensation sources after a pedestrian bus accident injury include:
The experienced and compassionate pedestrian accident attorneys at Rush Injury Law are here to help if you or a loved one has been injured as a pedestrian by a bus. Visit one of our offices at:
Or call us today for a free consultation on (415) 897-4801.
]]>The clothing you wear while cycling can drastically affect your visibility. Opt for bright neon, yellow or orange shirts and jackets that stand out. These brighter colors catch people’s eyes much faster. Also, ensure your clothing has reflective strips and piping, so you’re visible even in low lights. Reflective ankle and knee straps additionally highlight your pedal movement to drivers.
Having white front and red rear lights on your bike is mandated by law. But consider using ultra-bright LED lights for maximum impact. Flashing lights that blink on and off are scientifically proven to attract greater attention. Ensure batteries are always charged. Daytime running lights also aid visibility.
Reflectors positioned on your spokes, frame and wheels reflect light strongly. Drivers can spot these reflections from farther distances. Upgrade standard reflectors to spoke reflectors that rotate to catch attention. Other effective reflectors are safety tapes and patterns placed on the frame and helmet.
While reflectors work to catch drivers’ attention, making eye contact confirms they’ve seen you. So, look ahead at intersections and make deliberate eye contact with motorists and cyclists. Don’t assume they will look your way or have seen you already. This helps avoid many accidental collisions.
Biking in straight lines and indicating turns maintains predictability so drivers can accurately judge your movements. Lane positioning is also key – ride closer to the curb and parked cars to have an escape route from main traffic. Being predictable essentially makes you less invisible to traffic.
Having a bell, horn or buzzer on your bike helps warn pedestrians and other cyclists audibly. Sound signals make people aware of you without having to shout. They are very useful when passing walkways and parks where people may not be looking your way.
Attaching a bike mirror allows you to look back and check for approaching vehicles. Rear-view mirrors provide additional visibility of traffic from behind so you can take evasive action if required. Having eyes in the back of your head goes a long way in keeping safe.
The above visibility aids and practices will enable other commuters to spot you from a safe braking distance. Stay alert and keep checking for eye contact. Making yourself conspicuous is the best way for accident prevention as a cyclist sharing the road.
If you unfortunately do meet with an accident while cycling, immediately call emergency services if you are injured. Move to a safe location out of oncoming traffic. Note down details of the incident, location, vehicles, and people involved for insurance purposes later. Report the accident to traffic authorities as well within 24 hours. Stay calm until help arrives.
Once you are safe, call one of our bicycle injury lawyers for advice. You can visit one of our offices at the following locations:
Call us today for a free consultation on (415) 897-4801.
]]>Falls on staircases can lead to serious injuries such as sprains, fractures, traumatic brain injuries, and even death. Data analysis shows staircase accidents are responsible for over 1 million emergency room visits each year. These incidents commonly occur when people lose their footing or fail to grasp handrails in time to prevent an unbalanced fall.
Without adequate lighting, the risks of these dangerous missteps increase exponentially. Low light makes it incredibly difficult to fully visualize steps, see hazards in the pathway, and orient oneself properly while ascending or descending. Loss of depth perception due to shadows or dark surroundings impairs balance and judgment of distances between steps. Glare or intense light at the top and bottom of staircases can also temporarily ‘blind’ people and hide tripping hazards as they transition on and off stairs.
Specific injuries associated with poorly lit staircases include:
By failing to address lighting issues on their properties, building owners disregard staircase safety hazards and contribute negligence that leaves them vulnerable to liability when falls occur. Furthermore, for rental properties, landlords shoulder these legal obligations and premises liability risks if they neglect tenant staircase safety. Landlords must act quickly when notified of lighting concerns on staircases in their rental units and make necessary fixes to avoid injuries that prompt legal action by tenants or their guests.
Under premises liability laws, property owners have legal obligations to provide reasonable levels of safety for visitors. This ‘duty of care’ means they must take steps to discover risks and then fix or provide warnings about hazardous conditions on their property. Staircase dangers and lighting issues are specifically covered hazards that should be evaluated and mitigated.
Building codes and construction standards also establish legal lighting requirements for different environments. Staircases generally mandate uniform lighting without glare or shadows that allows safe elevation changes. For example, OSHA regulations for workplace staircases require a minimum of 10 foot-candles of illumination along walking surfaces and landings. Building owners whose staircases fall below these types of lighting thresholds can be deemed negligent per se if injuries occur.
Additionally, the Americans with Disabilities Act (ADA) provides federal civil rights protections for those with disabilities, including legal standards for safe, accessible staircases. Poor lighting that hides step contrasts or obstructs the visibility of handrail extensions violates ADA staircase provisions. Owners can face lawsuits for such non-compliance.
By demonstrating inadequate staircase lighting contributed to a fall and injury, victims can establish strong premises liability claims for their damages. Settlements may cover all medical expenses plus additional amounts for pain/suffering, disability, lost income, etc. When lighting issues reflect a conscious disregard for safety, punitive damages against the property owner are also possible.
While legal options exist, evidence is still necessary to prove liability. Plaintiff lawyers who handle staircase accidents and falls conduct detailed investigations to gather facts showing poor lighting conditions caused their client’s injuries. Strategies to establish these liability connections often include:
By demonstrating that a property owner was aware of inadequate lighting but failed to take reasonable safety precautions, fall victims can prove liability that warrants compensation in their injury claim.
Property owners are responsible for ensuring safe conditions in areas like staircases that are known fall hazards. Allowing inadequate lighting or other visibility issues to persist demonstrates negligence when people get injured. Holding negligent building owners accountable is entirely appropriate to cover damages that victims incur.
If you or a loved one has suffered an injury due to poorly lit stairs, consulting a personal injury lawyer is advisable to examine potential legal claims. An experienced personal injury attorney can collect lighting measurements, secure surveillance footage, retain experts, and take other actions to prove liability after your staircase fall. They can then negotiate assertively with insurers or file a lawsuit to gain the compensation you deserve for harm and losses. With representation focused specifically on fall cases, many victims recover significant settlements with minimal headaches or delays. Don’t wait to reach out for help determining your options and legal rights.
When filing premises liability claims over staircase falls, comprehensive evidence gathering and strategic legal advocacy are key for injured victims to gain fair compensation. An attorney experienced in investigating lighting deficiencies, establishing negligence, and calculating case values can make the difference in maximizing staircase fall lawsuit outcomes. Prioritizing legal help quickly helps secure time-sensitive evidence to prove your case.
If you’ve been involved in a staircase accident due to bad lighting or any other form of negligence, contact us today. Visit one of our offices at:
Or call us for a free consultation on (415) 897-4801.
]]>Owning a private swimming pool is a luxury, but it comes with significant responsibilities. Homeowners are obligated to maintain a safe environment for both family members and guests. Neglecting necessary safety measures can lead to serious consequences. Common hazards include slippery surfaces, faulty pool equipment, and inadequate fencing. A lack of proper maintenance and upkeep not only endangers those using the pool but can also result in legal consequences for the homeowner.
Homeowners must ensure that their pool area adheres to safety standards. This includes having secure fencing with a self-locking gate to prevent unauthorized access, installing non-slip surfaces around the pool, and regularly inspecting equipment for any signs of malfunction. Failure to take these precautions could result in serious injuries and open the door to premises liability claims.
Community pools offer residents a shared space for recreation, but they too carry their own set of responsibilities. Homeowner associations and property management companies overseeing these pools must prioritize the safety of community members. Negligence in maintaining communal pool facilities can lead to severe accidents, and those responsible may be held liable for any resulting injuries.
Regular inspections, prompt repairs, and clear signage regarding pool rules are essential for community pool safety. Lifeguards, if present, should be adequately trained and attentive to swimmers. Failure to meet these standards may expose the responsible parties to legal actions under premises liability laws.
Accidents around swimming pools can result in a variety of injuries, ranging from slips and falls to more severe incidents like drowning. When such accidents occur, determining liability is a crucial step in seeking compensation for damages.
Liability in pool-related accidents often hinges on negligence. If a homeowner or community entity fails to address known hazards or neglects proper maintenance, they may be held responsible for injuries that occur on their property. Proving negligence typically requires demonstrating that the responsible party had a duty of care, breached that duty, and that the breach directly led to the injuries sustained.
Victims of swimming pool accidents, whether in private residences or community settings, have legal recourse to seek compensation for their injuries. Medical expenses, rehabilitation costs, and pain and suffering may be recoverable through premises liability claims. It is essential for victims to document the circumstances surrounding the accident, gather witness statements, and seek prompt medical attention to strengthen their case.
Swimming pool accidents can have severe and long-lasting consequences. Whether you’re a homeowner or a community member, understanding premises liability is crucial for preventing accidents and ensuring accountability when they occur. If you or a loved one has been involved in a swimming pool accident, seeking legal counsel is paramount. An experienced premises liability attorney from Rush Injury Law can help assess the circumstances of the accident, determine liability, and guide you through the process of seeking compensation for your injuries. Remember, it’s not only about holding the responsible parties accountable but also about securing the necessary support to move forward after a traumatic incident.
Find us at the following locations:
Call us today for a free consultation on (415) 897-4801.
]]>Economic damages are meant to reimburse you for the quantifiable financial losses you have incurred due to someone else’s negligence. These are damages with a clear monetary value attached to them. Some examples of economic damages include:
One of the most common economic damages awarded in injury claims are medical expenses. This includes ambulance fees, hospital bills, costs for surgery, medication, therapy, rehabilitation, medical equipment, and any other healthcare costs linked to treating your injury. Make sure to keep detailed records so you can accurately claim medical expenses.
If your injury prevented you from working for a period of time, you can claim lost wages as economic damages. This is typically calculated by looking at your income before the injury and subtracting the income you were still able to earn during recovery. Lost sick or vacation days used as a result of the injury can also be claimed.
Some severe injuries have lasting impacts that limit your ability to work and earn an income. In these cases, you may claim compensation for your reduced future earning potential. Expert witnesses are often used to assess your specific situation and provide evidence for these projected losses.
If any property was damaged or lost due to the negligent actions of the other party, you can claim these costs. For example, if your vehicle was totaled in a crash, you can seek damages for the value of your car. Other property damage like a damaged wheelchair, broken eyeglasses, or lost income due to property destruction can also be claimed.
Any other out-of-pocket expenses directly tied to the injury can potentially be recovered as economic damages. Things like home healthcare equipment, costs for modifying vehicles and homes to accommodate disabilities, legal fees, and rehabilitation expenses all fall into this category.
The key thing to remember is that economic damages must have a dollar value attached. If the financial impact can be quantified and proven, then it can be claimed as part of your compensation.
Non-economic damages involve the more intangible, harder-to-quantify losses that occur due to an injury. These types of damages do not come with a clear price tag, so calculating them often relies on presenting evidence of the severity and duration of suffering. Common non-economic damages include:
Virtually every personal injury case will involve a claim for pain and suffering damages. This refers to physical discomfort and distress caused by the injury and subsequent treatment. The more severe and lasting the pain, the higher this element will be valued. Back and neck injuries often have significant pain and suffering damages given the impact on quality of life.
Being injured can take a major toll on mental health as well. Emotional distress damages compensate for conditions like anxiety, depression, PTSD, mental anguish, humiliation, fear, and other emotional trauma stemming from the incident. Like pain and suffering, the extent and duration are key. Permanent psychological damage warrants higher damages.
Injuries that leave a person permanently scarred or disfigured also warrant non-economic damages. Scarring from burns or lacerations, loss of limbs, and other deformities impact self-esteem and restrict physical abilities. The appearance and location of scarring as well as any related social limitations, impact the valuation.
Being injured limits the ability to participate in activities that bring pleasure and value to life. Damages can be sought for losing the ability to engage in hobbies, recreational pastimes, career aspirations, and quality time with loved ones. The extent to which life has been diminished due to new physical restrictions or pain levels affects the valuation.
For severe injuries that leave a person hospitalized or incapacitated for long periods, damages can also be claimed for loss of companionship. This refers to missing out on family time with a spouse, children, or parents during recovery and rehabilitation.
In cases of gross negligence or intentional harm, punitive damages may be rewarded as a way to further punish the at-fault party’s behavior. Unlike other damages meant to compensate victims, these are focused on penalizing actions like drunk driving or assault to discourage similar misconduct in the future.
Non-economic damages require you to present solid evidence of the trauma, limitations, and losses experienced in order to justify a high monetary value. It is more ambiguous than economic damages, often relying on testimony from the injured party, medical experts, and personal connections like family. The intangible suffering caused by an injury is your main backing for claiming these damages.
Suffering an injury can take both a physical and financial toll. To have the best chance at maximum compensation, make sure to clearly document all medical expenses, lost income, property damage, and detail the pain and suffering experienced in a personal injury journal. Consult with a qualified personal injury lawyer to fully understand what types of damages you may be entitled to. An experienced attorney will handle negotiations with insurance companies and advocate for fair compensation if the case goes to trial. Do not leave money on the table – get professional legal help seeking the maximum economic and non-economic damages warranted by your unique situation.
If you’ve been involved in an accident that wasn’t your fault, contact us today. You can visit one of our offices at:
Or call us today for a free consultation on (415) 897-4801.
]]>A statute of limitations sets a deadline for initiating a lawsuit. These deadlines vary by state and according to the type of claim being filed. In wrongful death cases, the statute of limitations ranges from 1-6 years in most states. The clock starts ticking from the date of the person’s death.
If you fail to file a claim within the specified time period, you forfeit your right to sue. The statute of limitations is an affirmative defense, meaning the defendant can request a dismissal based on your lack of timeliness. It is meant to encourage the quick resolution of claims and prevent evidence from fading over time.
As mentioned, each state sets its own statute of limitations length for wrongful death lawsuits. Some examples are as follows:
A few states have longer statutes of 4-6 years, while Indiana and Massachusetts have just 1-year time limits. Consult us to verify the deadline in your state, but in our home state of California, the statute is two years.
The statute of limitations clock begins running on the date of the deceased person’s death. The deadline is based on this date, not on when the negligence occurred or when it was discovered. This highlights the urgency of consulting one of our wrongful death attorneys and exploring your legal options quickly after a loss.
In some cases, exceptions can “toll” (pause) the statute of limitations and provide extra time:
Determine if any exceptions apply in your case before assuming you’ve missed the deadline. We can request the court apply an extension.
Strict deadlines make early legal assistance essential in wrongful death cases. Consult a qualified personal injury attorney from Rush Injury Law right away to discuss your options and preserve your loved one’s right to justice. With compassion and dedication, we can guide you through this difficult process.
Visit our offices at:
Call us today for a free consultation on (415) 897-4801.
]]>To stay as safe as possible, it’s important for cyclists to be aware of the most hazardous situations they may encounter. This allows you to take precautions, be alert, and handle the dangers properly. Here are ten of the most dangerous circumstances for those on bikes, along with tips on how to get through them safely.
Perhaps the most universally perilous scenario is simply riding alongside heavy traffic. Motorists are often distracted, impatient, or fail to notice bicyclists. Sudden lane changes, cars pulling out in front, or high speed traffic can lead to disastrous collisions.
When sharing the road, maximize space between yourself and vehicles. Ride in designated bike lanes whenever possible. Use flashing lights and reflective gear to stand out. Make eye contact with drivers and be prepared to brake. Avoid roads and times with congested traffic. Follow all traffic laws and signs.
Intersections with traffic lights or stop signs are high-risk areas, as multiple vehicles cross paths and may fail to yield. Drivers can run red lights or stop signs, turn into oncoming bikes, or block crosswalks.
Approach intersections with extreme caution. Slow down, cover brakes, and scan all directions for oncoming cars. Make your intentions clear with hand signals. Wait for vehicles to fully stop before proceeding. When possible, make eye contact with motorists to ensure they see you. Avoid riding alongside cars or in blind spots.
While coasting downhill can be thrilling, high speeds make control difficult. Excess speed reduces reaction time to hazards ahead. It also adds force to potential impacts, increasing the severity of injuries.
Control speed by intermittently braking when descending steep hills. Do not use handles or aero bars going downhill. Make sure to wear a helmet. Remain alert for changing road conditions or obstacles ahead. Avoid extremely curved or pothole-filled roads. If your speed becomes uncomfortably fast, pull off the roadway and stop until it’s safe to continue.
Being passed by faster vehicles is inevitable. But motorists can misjudge distance and clip handlebars or sideswipe bikes. Sudden passing on narrow roads or high speed passing can knock bicyclists off balance.
Hold your line when vehicles are overtaking. Do not move left or right unexpectedly. Pull off the roadway if a passing car leaves insufficient space. Use a mirror to monitor passing vehicles. Maintain a slower speed on narrow shoulders. Wear bright clothing to be visible. Passing multiple bicyclists? Wait until the full group has passed.
Parked cars pose a hazard, as drivers can open doors into the paths of cyclists. Known as “dooring,” this can knock riders into traffic or cause serious falls. Bicyclists may be tempted to ride close to parked cars to avoid traffic, increasing chances of impact.
When passing parked cars, ride outside the door zone. Scan inside vehicles for movement. Slow way down or stop if you anticipate a door opening. Drivers should use the hand farthest from traffic to open doors. Look before opening fully. Cyclists should ride at least 3 feet from parked cars. Use bike lanes when available.
Potholes, broken glass, storm debris, loose gravel, protruding grates, and other roadway hazards can lead to crashes, punctured tires, or flipped bikes. Poorly maintained off-road trails also pose risks like downed trees, eroded hills, and obscured holes.
Scan ahead for any roadway hazards and avoid them. Report recurring problems to transportation departments. Learn to safely ride over obstacles when unavoidable. Use wider tires with some tread and keep tires properly inflated. Reduce speed and grip breaks on gravel or dirt trails. Avoid using roads or paths with large hazards that can’t be navigated.
Lack of bicycling skill and experience can lead to mishaps, especially amid traffic. Insufficient braking, steering, balancing, or obstacle avoidance abilities could cause accidents. Children and casual riders are at high risk.
Take a bike safety course to hone your skills. Practice braking, scanning, signaling, balance, and scanning. Adjust seat and handlebar height for proper control. Use brakes properly, front brake for gradual stopping and rear for quicker. Keep both hands ready near the brakes when in traffic. Walk the bike across extremely hazardous intersections.
Talking on phones, texting, listening to music, or anything that diverts attention can compromise safety while biking. Reacting to sudden dangers becomes nearly impossible. This includes distracted driving by others as well.
Never use phones or headphones when cycling. Pull off the road if you need to text, call, or change music. Keep your eyes and ears open. Use voice directions if absolutely necessary. Be very cautious around distracted pedestrians. Warn others if you see distracted drivers.
Disobeying traffic laws can infuriate drivers and lead to collisions. Running lights or stop signs, weaving through traffic, or riding against flow are all extremely dangerous. Drivers don’t expect bikes to break laws.
Obey all signs, signals, and lane markings. Stop and look both ways at intersections. Use hand turn signals. Ride with traffic, never against it. Pull off roads if paths become unsafe before breaking laws. Walk bike across intersections if uncertain. Set an example for children on bike laws.
Riding a bicycle is exercise, and fatigue inevitably sets in. However, exhausted cyclists can lose coordination or the ability to react quickly. Nighttime or long-distance rides increase fatigue dangers.
Know your limits and don’t overdo distance. Take regular breaks to rest and refuel. Maintain your bike to prevent mechanical problems from tiring you out. Use flashing lights when riding at dusk or night. Stop and rest if you feel especially tired. Walk the bike once exhaustion becomes severe. Avoid roads with high speed traffic when fatigued.
If an accident does occur, seek medical help immediately even for seemingly minor injuries, which can worsen over time. For legal help determining fault and pursuing compensation for injuries or damages, contact an experienced bicycle accident attorney. A lawyer can manage insurance claims, negotiations, and litigation so you can focus on recovery. They will determine negligence and actions that contributed to the accident, pursue fair compensation, and protect your legal rights.
If you’ve been involved in a bicycle accident, contact us today to see how we can help. You can visit our offices at:
Or call us today for a free consultation on (415) 897-4801.
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