California law addresses the issue of dooring. It states that motorists should not open a door towards a street “unless it is reasonably safe to do so and can be done without interfering with the movement of…traffic.”
Unfortunately, most people aren’t even aware of that law and open their doors without thinking – especially if they’re not on a busy street. There may be little traffic on a residential street, for example. However, a bicyclist riding by could be very seriously hurt if they slam into a car door that suddenly opens.
Motorists who “door” a cyclist generally don’t face criminal consequences unless it can be shown that they intentionally did so. That’s rarely the case. Bike safety advocates say that it’s usually that people are “just not conscious” of the potential for injuring a cyclist.
We don’t know how often dooring occurs since, fortunately, most injuries aren’t serious. However, if someone goes flying off their bike and strikes their head on the pavement or a car or is thrown into traffic, the results can be fatal.
That’s what happened to one man in the Los Angeles area last fall. After hitting an open door while cycling, he was then run over by a vehicle. His widow has made it her mission to help educate people throughout the state about the dangers of opening a vehicle without looking around first.
If you’ve suffered injuries in a dooring incident, you may be able to seek compensation from the driver or other person responsible for your injuries. This can help you cover medical bills and other expenses or damages. It’s worthwhile to learn more about your rights.
]]>Wrongful death can be caused by doctor negligence or a fatal car crash among other things. Depending on the circumstances, the defendant may also face criminal charges.
A loved one’s wrongful death will no doubt impact several people. However, not everyone can bring a wrongful death claim. Per California wrongful death laws, the following people can bring a claim following a loved one’s wrongful death:
If none of these is available, then anyone entitled to the decedent’s estate by way of intestate division (like parents or siblings) may bring a claim.
Even if you have a compelling case against the defendant, your claim can be refused if you do not act within the statute of limitations. In California, you have up to two years from the date of the decedent’s death to bring the claim. The statute of limitations is even shorter when you are suing a government agency. In this case, you have six months to file what is known as an “administrative claim.” It’s important that you do not let these important timelines run out.
A loved one’s sudden demise can shake you to the core. The pain becomes unbearable if the death in question is preventable. Find out how legal advice can help you safeguard your rights and interests during these difficult times.
]]>However, personal injury claims, just like other legal matters, can be complicated. Sometimes, a seemingly straightforward claim can fall through the cracks, thus resulting in a refusal. If this happens, you need to know what went wrong so you can figure out your next course of action.
Here are common reasons why personal injury claims are refused:
For a personal injury claim to be successful, you need to show that the defendant was liable. In other words, you need to show that their action (or inaction) resulted in your injuries. Subject to the nature of your case, some of the evidence you may need to provide includes medical evidence that links your injuries to the incident in question, expert and eyewitness accounts as well as surveillance footage of the accident scene.
A personal injury that you did not see coming can certainly turn your life upside down. Even so, do keep in mind that time is never on your side. If you intend to pursue the liable party, then you need to do so within the statute of limitations period. In California, the statute of limitations for personal injury claims is two years from the date of the injury or when it was reasonably discovered. Do not let this statute of limitations period run out.
If you are hurt as a result of another person’s negligence, you deserve justice. Understanding how California’s personal injury laws work can help you avoid missteps that can ruin your claim.
]]>What types of drugs could make drivers less safe?
It’s natural for people in pain to seek relief. For severely painful conditions, individuals are often prescribed opioid painkillers like oxycodone and even morphine. While doctors should alert patients to the potential dangers of driving while using such medications, warnings may not be heeded.
Drivers on these medications may feel fatigued, dizzy and nauseated- all of which impact their ability to drive safely.
Many people suffer from insomnia. For some, it’s a more long-term condition. There are prescription drugs out there that can help people get a good night’s sleep. A driver may even think that they are increasing safety by ensuring that they are well-rested before setting off the next day.
The problem is, that sleep medications can linger in the system, even a day after they have been taken. Drivers on this type of medication could still feel fatigued and drowsy the next day, which means they are a potential danger to other road users.
It’s important that drivers seek advice from their doctor when on prescription medications. Usually, the instructions and packaging on labels also contain details of potential side effects. Perhaps more importantly, individuals should refrain from driving if they feel unwell or fatigued.
If you have been injured in a crash that was caused by negligence, you might be entitled to financial compensation. Finding accurate legal information will be pivotal to the strength of your claim.
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