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Bicycle Accidents in Pasadena: Your Rights & How to Seek Damages

 

Cycling in Pasadena is an environmentally friendly and enjoyable way to commute, but the city’s busy streets and traffic pose significant risks to cyclists. Each year, hundreds of cyclists in California are injured or killed in collisions, highlighting the dangers they face on the road.Understanding your legal rights and options after a bicycle accident is crucial, particularly when seeking compensation for injuries or damages caused by negligent drivers or hazardous road conditions.

Common Causes of Bicycle Accidents in Pasadena

Bicycle accidents often occur due to various factors, many of which are tied to driver negligence. Some of the most common causes include:

  • Distracted Driving: Drivers using phones or engaging in other distractions, failing to notice cyclists.
  • Dooring Incidents: Motorists opening car doors into a cyclist’s path.
  • Intersection Collisions: Failure to yield or running red lights, causing accidents at intersections.
  • Unsafe Lane Changes: Drivers switching lanes without signaling or checking for cyclists.
  • Road Hazards: Potholes, broken bike lanes, and poor signage can lead to accidents.

Data from the California Office of Traffic Safety highlights the increasing risk of cycling accidents in urban areas like Pasadena, underscoring the importance of safety measures.

Understanding Your Legal Rights as a Cyclist in California

Cyclists in California are governed by California Vehicle Code Section 21200, which grants them the same rights and responsibilities as motor vehicle drivers. This means bicycles are treated as vehicles under the law, allowing cyclists to legally use roadways and enjoy the same protections as motorists.

Key provisions under the California Vehicle Code include:

  • Section 21200: Cyclists must follow the same traffic rules as vehicles, including obeying traffic signals and signs.
  • Section 21760 (Three Feet for Safety Act): Requires motorists to maintain a minimum distance of three feet when passing a cyclist.
  • Section 21212: Mandates that cyclists under the age of 18 wear a helmet while riding.
  • Section 21208: Cyclists must use designated bike lanes when available, except under specific circumstances, such as when overtaking another vehicle or making a left turn.

In addition to state laws, Pasadena’s local ordinances further enhance cyclist safety. The city has designated bike lanes on certain streets and restricts riding on sidewalks in areas with heavy pedestrian traffic. Adhering to both state and local regulations not only ensures safety but also strengthens any legal claims a cyclist may need to make following an accident.

What to Do After a Bicycle Accident

If you are involved in a bicycle accident, taking the following steps immediately can help protect your legal rights and build a strong case for compensation:

  1. Ensure Safety: Move to a safe location away from traffic, if possible.
  2. Seek Medical Attention: Even if injuries seem minor, getting checked by a medical professional is crucial.
  3. Document the Scene: Take photos of the accident site, any damage to your bicycle, and any visible injuries.
  4. Gather Evidence: Collect contact information from any witnesses and make note of the involved driver’s details, including their insurance information.
  5. File a Police Report: Contact local authorities to document the accident, which will provide an official record to support your claim.

The California Department of Motor Vehicles provides helpful guidance on how to handle accidents, including when and how to report them.

Seeking Compensation for Bicycle Accident Injuries

After an accident, you may be entitled to seek compensation for various damages, which are classified into two main categories: economic damages and non-economic damages.

Economic Damages

These include tangible financial losses such as medical expenses, rehabilitation costs, and lost wages. They also cover the cost of repairing or replacing your bicycle and other damaged personal property.

Non-Economic Damages

This category includes compensation for pain and suffering, emotional distress, and the loss of enjoyment of life due to the accident. For instance, if your injuries prevent you from participating in activities you once enjoyed, you may be compensated for this loss.

California follows a pure comparative negligence rule, meaning that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

Proving Negligence in Bicycle Accident Claims

To successfully seek damages, you must demonstrate that the other party’s negligence caused your injuries. This involves proving four key elements:

  • Duty of Care: The defendant had a responsibility to act with reasonable care.
  • Breach of Duty: They failed to fulfill this responsibility.
  • Causation: Their breach directly caused your injuries.
  • Damages: You suffered losses due to the accident.

Gathering and presenting strong evidence is essential in proving negligence. This includes the police report, witness statements, and any photos or videos from the accident scene. In some cases, expert witnesses may also be required to testify on issues like the extent of your injuries or accident reconstruction.

The Role of Insurance Companies

Most bicycle accident claims are initially handled through negotiations with insurance companies. After the accident, you will need to file a claim with your insurance company, as well as the at-fault driver’s insurer. The insurance adjuster will likely try to minimize the payout, so it is important to be prepared to negotiate. Having a skilled attorney who understands the full value of your claim and can advocate on your behalf during settlement discussions is invaluable.

If the insurance companies fail to offer a fair settlement, you may need to file a personal injury lawsuit. The litigation process can be lengthy, but it may be necessary to ensure you receive the compensation you deserve.

Why You Need a Pasadena Bicycle Accident Attorney

Hiring an experienced Pasadena bicycle accident attorney can make a significant difference in the outcome of your case. An attorney will:

  • Negotiate with Insurance Companies: They can push for a fair settlement on your behalf.
  • Provide Expert Guidance: Navigating the complexities of personal injury law requires legal expertise.
  • Help Prove Your Claim: An attorney will help gather and present the necessary evidence to prove the other party’s liability.

When choosing an attorney, look for someone with experience in bicycle accident cases and a deep understanding of local laws. This ensures they are well-versed in Pasadena-specific regulations and can tailor their strategy to fit the local context.

Conclusion

Bicycle accidents can have devastating consequences, but knowing your rights and seeking the right legal assistance can make all the difference in obtaining the compensation you deserve. If you’ve been involved in a bicycle accident in Pasadena, acting quickly and securing legal representation can protect your interests and help you move forward.

Contact KP Law at (866) 973-5691 for a free consultation and learn how we can assist you in recovering the compensation you’re entitled to after a bicycle accident.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.

 

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Pasadena Car Accident Guide: What to Do After a Crash

Pasadena, with its bustling streets and scenic drives, unfortunately, witnesses its fair share of car accidents. Whether it’s a minor fender-bender or a major collision, knowing what to do in the aftermath is crucial. This comprehensive guide will walk you through the necessary steps, legal requirements, and considerations to navigate the complexities of a car accident in Pasadena.

Immediate Steps at the Accident Scene

When a car accident occurs, your immediate actions are vital for ensuring safety and protecting your rights.

Ensuring Safety

Prioritizing safety at the scene of the accident can prevent further harm and allow for a more organized response.

  • Assess the Situation: Before exiting your vehicle, check for any immediate dangers like oncoming traffic, fire, or downed power lines.
  • Move to Safety: If possible and safe to do so, move your vehicle to the side of the road or a safe location away from traffic. This helps prevent further collisions and allows emergency responders to access the scene easily.
  • Turn on Hazard Lights: Activate your hazard lights to alert other drivers of the accident and to proceed with caution.
  • Set up Warning Signals: If you have them, place warning triangles or flares behind your vehicle to provide additional visibility, especially at night or in low-light conditions.
  • Check for Injuries: Check yourself and others involved for any injuries. If anyone is injured, avoid moving them unless absolutely necessary and call for medical assistance immediately.
  • Stay Calm and Collected: Accidents can be stressful, but remaining calm will help you think clearly and make better decisions.

Calling Emergency Services

After ensuring safety, the next step is to call emergency services to report the accident.

  • Provide Accurate Information: When you call 911, be ready to provide the exact location of the accident, including cross streets or landmarks, the number and types of vehicles involved, and the severity of any injuries.
  • Stay on the Line: Stay on the line with the dispatcher until they tell you it’s okay to disconnect. They may have additional questions or instructions for you.

Documenting the Accident

Properly documenting the accident scene is crucial for insurance claims and potential legal proceedings.

  • Take Photos and Videos: If it’s safe to do so, use your phone or camera to document the accident scene, including:
    • The overall scene from different angles.
    • Damage to all vehicles involved.
    • Any visible injuries.
    • Skid marks or debris on the road.
    • Traffic signs or signals.
  • Exchange Information: Exchange the following information with all drivers involved:
    • Full name and contact information.
    • Driver’s license number.
    • Insurance company and policy number.
    • Vehicle registration information.
  • Gather Witness Information: If there were any witnesses, politely ask for their contact information. Their statements can be valuable in establishing fault and supporting your claim.
  • Avoid Admitting Fault: Do not apologize or admit fault at the scene, even if you think you may be partially responsible. Let the insurance companies and investigators determine liability.
  • Write Down Details: While the accident is still fresh in your mind, jot down any details you remember, such as the time of the accident, road conditions, and what happened leading up to the collision.

Legal Requirements in Pasadena

Understanding the legal obligations following a car accident in Pasadena is essential for complying with the law and protecting your rights.

Reporting the Accident

In California, reporting an accident to the DMV is mandatory if the incident results in injury, death, or property damage exceeding $1,000. You can file a report online or in person at a DMV office. If the accident involved injuries or fatalities, the police will likely file a report at the scene.

California’s Statute of Limitations

In California, you generally have two years from the date of the accident to file a personal injury lawsuit. For property damage claims, the statute of limitations is three years. However, there are exceptions to these rules, so it’s important to consult with a Pasadena personal injury attorney to understand the specific deadlines in your case.

Medical Considerations

Medical attention is critical after a car accident, even if you initially feel fine.

Seeking Immediate Medical Attention

Some injuries, such as internal bleeding, concussions, or whiplash, may not show immediate symptoms but can have serious consequences if left untreated.

  • Don’t Ignore Pain or Discomfort: Any pain, discomfort, or unusual symptoms should be taken seriously. Seek medical evaluation even for seemingly minor complaints.
  • Get Evaluated at the Scene or Emergency Room: If you experience any significant pain or visible injuries, request an ambulance at the scene or go to the nearest emergency room for immediate evaluation.
  • Schedule a Follow-Up with Your Doctor: Even if you feel okay initially, it’s wise to schedule a follow-up appointment with your primary care physician or a specialist within a few days of the accident. They can conduct a thorough examination and identify any potential issues that might have been missed.
  • Document Everything: Keep detailed records of all your medical visits, treatments, diagnoses, medications, and any other healthcare-related expenses associated with the accident. These records will be crucial for insurance claims and potential legal action.

Dealing with Insurance Companies

After addressing immediate safety and medical concerns, you’ll need to notify your insurance company and handle communications with other involved parties.

Notifying Your Insurance Provider

Notify your insurance company as soon as possible after the accident. Provide them with the details of the accident and any information you have gathered.

Understanding California’s Fault-Based System

California operates under a comparative fault system, which can impact the compensation you receive. If you are found partially at fault for the accident, your compensation may be reduced proportionally.

Handling Communication with Other Parties’ Insurers

Be cautious when communicating with other parties’ insurance companies. They may try to get you to make statements that could harm your claim. It’s best to consult with an attorney before providing any recorded statements or signing any documents.

Conclusion

Navigating the aftermath of a car accident can be overwhelming. By understanding the necessary steps, legal requirements, and considerations, you can protect your rights and pursue the compensation you deserve. If you’ve been injured in a car accident, it’s important to consult with an experienced Pasadena car accident attorney. An attorney can help you navigate the legal process, protect your rights, and maximize your compensation.

Contact KP Law for a free consultation. We’re here to help you every step of the way.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.

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Understanding the Litigation Process: A Step-by-Step Guide

Litigation, or legal action, is a formal process of resolving disputes in a court of law. It’s a complex process with various stages and procedural rules. Understanding this process is crucial for anyone involved in a legal dispute, as it can help you make informed decisions and effectively protect your rights. While the specifics may vary by jurisdiction, the general steps remain similar.

Step 1: Pre-Litigation

A legal dispute arises when there is a disagreement between parties about a legal issue, such as a breach of contract, personal injury, or property damage. It’s essential to clearly identify the nature of the dispute, the parties involved, and the legal issues at stake.

  • Sending a Demand Letter: A demand letter is a formal communication sent to the opposing party outlining your legal claims and demands for resolution. A well-crafted demand letter can sometimes resolve the issue without the need for litigation.
  • Considering Alternative Dispute Resolution (ADR): Before resorting to litigation, it’s often advisable to consider alternative dispute resolution methods like mediation or arbitration. ADR can be faster, more cost-effective, and less adversarial than traditional litigation.

Step 2: Filing a Lawsuit

The complaint is the initial document filed with the court to initiate a lawsuit. It outlines the plaintiff’s legal claims, the facts supporting those claims, and the requested relief. Proper drafting of the complaint is crucial to ensure that it complies with the procedural rules and establishes the court’s jurisdiction over the matter.

  • Filing the Complaint and Serving the Defendant: The complaint, along with a summons, is filed with the court and then served on the defendant. Service of process is the formal notification of the lawsuit to the defendant, giving them an opportunity to respond.

Step 3: Discovery

Discovery is a critical phase in the litigation process where both parties gather information and evidence to build their case. This phase helps uncover the facts, narrow down the disputed issues, and prepare for trial. It can involve a range of methods, each designed to reveal different types of information.

Types of Discovery

  • Interrogatories: These are formal written questions sent by one party to the other, seeking specific information related to the case. The receiving party must answer these questions truthfully and under oath.
  • Requests for Production of Documents (RPD): This involves asking the opposing party to produce documents, emails, records, or other tangible evidence relevant to the dispute. RPDs are essential for obtaining documentary proof to support claims or defenses.
  • Depositions: These are formal interviews conducted under oath where a witness or party is questioned by attorneys from both sides. Depositions allow attorneys to assess the credibility of witnesses, gather sworn testimony, and explore the opposing party’s knowledge and perspective on the case.
  • Requests for Admissions (RFA): RFAs are written statements that one party sends to the other, asking them to admit or deny specific facts. This helps streamline the issues in dispute and avoid unnecessary time and resources at trial.
  • Independent Medical Examinations (IME): In cases involving personal injury claims, a party may be required to undergo an IME by a qualified medical professional chosen by the opposing party. This examination helps determine the extent of injuries and assess the validity of the claimed damages.

Responding to Discovery Requests

Parties have a legal obligation to respond to discovery requests promptly, thoroughly, and truthfully. Failure to comply with discovery obligations can result in serious consequences. Courts may impose sanctions, which could include monetary fines, evidentiary limitations, adverse inference instructions (where the jury is instructed to assume the withheld information would have been unfavorable), or even dismissal of the case.

Step 4: Pre-Trial Motions

Pre-trial motions are requests made to the court for specific orders before the trial begins. Common pre-trial motions include motions to dismiss for lack of jurisdiction or failure to state a claim, and motions for summary judgment, where a party argues that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.

  • Hearings and Rulings on Pre-Trial Motions: The court holds hearings on pre-trial motions, where the parties present arguments and evidence. The court then issues rulings on the motions, which can significantly impact the course of the litigation.

Step 5: Trial

In cases where a jury trial is requested, the process of voir dire (jury selection) begins. Both sides question potential jurors to assess their impartiality and suitability to serve on the jury.

  • Opening Statements, Evidence, and Closing Arguments: The trial begins with opening statements, where each side presents an overview of their case to the jury. Evidence is then presented through witnesses, documents, and exhibits. Closing arguments summarize the evidence and persuade the jury to decide in their favor.
  • Verdict and Judgment: After hearing all the evidence, the jury deliberates and reaches a verdict. The court then enters a judgment based on the verdict, which may include an award of damages, injunctions, or other forms of relief.

Step 6: Post-Trial and Appeals

After the trial, either party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict (JNOV), where a party argues that the verdict was contrary to the evidence or law.

  • Appeals Process: If a party is dissatisfied with the trial court’s judgment, they may appeal to a higher court. The appellate court reviews the lower court’s decision and may affirm, reverse, modify, or remand the case for further proceedings.

Conclusion

Navigating the litigation process can be challenging, but understanding the key steps can empower you to make informed decisions and protect your interests. Having an experienced civil litigation attorney throughout the process is crucial to ensure that your rights are protected and that you have the best possible outcome.

Need help with a legal dispute? Contact KP Law today at (866) 973-5691 for a free consultation.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.

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How to Protect Your Rights as a Passenger in a Car Accident

Being a passenger in a Pasadena car accident can be a harrowing experience. It’s crucial to understand your rights and take the necessary steps to protect yourself legally and financially. This guide will provide you with comprehensive information on safeguarding your interests after such an unfortunate incident.

Immediate Actions After the Accident

1. Seek Medical Attention

Your health is paramount. Even if you feel fine, get a medical evaluation. Some injuries might not show symptoms right away. This step not only safeguards your well-being but also establishes a medical record linking your injuries to the accident, which is crucial for insurance claims.

2. Call the Police

Reporting the accident creates an official record of the incident. The police report documents details like the date, time, location, involved parties, witness statements, and potentially the officer’s opinion on fault. Obtain a copy of this report for your records as it can be invaluable for insurance claims and potential legal action.

3. Gather Information

Exchange contact and insurance details with everyone involved, including drivers and other passengers. If there were witnesses, try to get their information too. Their statements can be pivotal in proving liability, especially if the drivers’ accounts conflict.

4. Document the Scene

If you’re able, take photos or videos of the accident scene from various angles. Capture the positions of the vehicles, damage, road conditions, traffic signs, and any other relevant details. These visuals can serve as powerful evidence to support your claim, especially if disputes arise later.

Understanding Your Legal Rights as a Passenger

As a passenger involved in a car accident, you have legal rights to seek compensation for the harm you suffered, irrespective of who caused the accident. This means you can pursue reimbursement for various damages, including:

  1. Medical Expenses: This covers a wide range of costs incurred due to your injuries, such as:
    • Hospital stays and surgeries
    • Doctor appointments and specialist consultations
    • Medications and prescriptions
    • Physical therapy and rehabilitation
    • Diagnostic tests (X-rays, MRIs, etc.)
    • Ambulance transportation
    • Medical equipment (crutches, braces, etc.)
  2. Lost Wages: If your injuries prevent you from working, you’re entitled to compensation for the income you’ve lost. This can include:
    • Salary or hourly wages
    • Bonuses and commissions
    • Self-employment income
    • Lost earning capacity if your injuries have long-term effects
  3. Pain and Suffering: This category compensates you for the physical pain and emotional distress you’ve endured due to the accident. It encompasses:
    • Physical pain and discomfort
    • Mental anguish, anxiety, and depression
    • Loss of enjoyment of life
    • Emotional trauma
  4. Property Damage: If your personal belongings were damaged or destroyed in the accident, you can seek reimbursement for:
    • Repair costs for damaged items
    • Replacement value for destroyed items
    • Loss of use of the property

Additional Damages

Depending on the specific circumstances of your case, you might also be eligible for compensation for:

  • Loss of Consortium: If your injuries have impacted your relationship with your spouse, you may be able to seek damages for the loss of companionship, affection, and support.
  • Punitive Damages: In rare cases where the at-fault driver’s conduct was particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer.

Filing an Insurance Claim

  1. Notify Your Insurance Company: Inform your insurance company about the accident promptly, even if you don’t believe you were at fault. This is important for preserving your rights under your own policy.
  2. File a Claim with the At-Fault Driver’s Insurance: In most cases, you’ll file a claim with the insurance company of the driver responsible for the accident. Provide all necessary documentation, including medical records, police reports, and any evidence you’ve collected.
  3. Consider Your Own Insurance: If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage may come into play. Consult with your insurance agent to understand how this coverage works.

When to Consult an Attorney

While it’s possible to handle an insurance claim on your own, consulting a personal injury attorney is highly recommended, especially in cases involving serious injuries or complex legal issues. An attorney can:

  • Assess Your Case: An experienced attorney can evaluate the strength of your case, gather evidence, and determine the full extent of your damages.
  • Negotiate with Insurance Companies: Attorneys are skilled negotiators and can advocate for your best interests, ensuring you receive fair compensation.
  • Represent You in Court: If a settlement cannot be reached, an attorney can file a lawsuit on your behalf and represent you in court.

Protecting Your Rights: Additional Tips

  1. Keep a Record of Everything: Maintain a detailed record of all accident-related expenses, including medical bills, travel costs to appointments, and any lost wages. This will help you accurately calculate your damages.
  2. Be Cautious with Statements: Avoid making any statements to insurance companies or the other driver’s attorney without consulting your own attorney. Anything you say can be used against you.
  3. Don’t Settle Too Quickly: Insurance companies may offer a quick settlement, but it might not fully cover your losses. Consult an attorney before accepting any settlement offer.
  4. Understand the Statute of Limitations: There is a limited time frame within which you can file a lawsuit after a car accident. This time frame varies depending on your state, so it’s important to act promptly.

The Importance of Protecting Your Rights

Protecting your rights as a passenger in a car accident is essential for securing the compensation you deserve and ensuring your financial and physical well-being. By following the steps outlined in this guide and seeking professional legal help when needed, you can navigate the legal process with confidence and obtain a fair resolution.

If you’ve been injured in a car accident as a passenger, don’t hesitate to seek legal advice. Contact KP Law today at 866-973-5691 for a free consultation. Our experienced attorneys can help you understand your rights and options, and fight for the compensation you deserve.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation and needs.

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Top Causes of Wrongful Death in Pasadena, CA

Losing a loved one is an incredibly painful experience, but when that loss is the result of someone else’s negligence or intentional harm, the devastation can be even more profound. These situations, known as wrongful deaths, occur when a person dies due to the fault of another party. While the circumstances surrounding these tragedies can vary widely, there are several common causes that frequently lead to wrongful deaths.

1. Medical Malpractice

One of the most prevalent causes of wrongful deaths is medical malpractice. This occurs when a healthcare provider fails to deliver the standard level of care expected in their profession, resulting in harm or death to the patient. Examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, and birth injuries.

To prevent these tragic outcomes, healthcare providers must adhere to best practices and guidelines at all times. Patients and their families should also be vigilant in monitoring the care they receive and speaking up if they suspect something is amiss.

2. Motor Vehicle Accidents

Another leading cause of wrongful deaths is motor vehicle accidents. Whether due to distracted driving, excessive speed, impaired driving, or other reckless behaviors, car, truck, and motorcycle accidents claim tens of thousands of lives each year in the United States alone.

To reduce the risk of these preventable tragedies, drivers must prioritize safety on the road by obeying traffic laws, avoiding distractions like cell phones, and never getting behind the wheel while under the influence of drugs or alcohol. Wearing seatbelts and properly maintaining vehicles can also help mitigate the severity of accidents when they do occur.

3. Pedestrian and Bicycle Accidents

Pedestrian and bicycle accidents and premises liability cases are two additional causes of wrongful death that are particularly relevant to the Pasadena area. Pasadena experiences a higher rate of pedestrian and bicycle accidents compared to the national average, often due to driver negligence and a lack of safe road infrastructure.

To prevent these tragic accidents, drivers must exercise extreme caution and remain vigilant for vulnerable road users, while the City of Pasadena should continue to invest in safety measures like well-maintained sidewalks, clearly marked crosswalks, and dedicated bike lanes.

4. Workplace Accidents

Workplace accidents are another significant contributor to wrongful deaths. Industries like construction, manufacturing, and agriculture pose daily risks to employees, with hazards ranging from heavy machinery to toxic chemicals.

Employers have a legal and moral obligation to maintain safe working conditions by providing proper training, equipment, and oversight. They must also comply with all relevant safety regulations and address any potential hazards promptly. Employees who suspect their workplace is unsafe should report their concerns to their supervisor or the appropriate government agency.

5. Nursing Home Abuse and Neglect

Sadly, nursing home abuse and neglect are also common causes of wrongful deaths among elderly and disabled residents. Physical abuse, emotional mistreatment, neglect of basic needs, and even financial exploitation can lead to severe harm or death for vulnerable individuals in long-term care facilities.

To protect loved ones in nursing homes, families should thoroughly research facilities before placement, visit frequently, and stay alert for any signs of abuse or neglect such as unexplained injuries, sudden changes in behavior, or unsanitary living conditions. If abuse is suspected, it should be reported to authorities immediately.

6. Premises Liability

Premises liability cases, such as slip and fall accidents, injuries caused by defective conditions, or inadequate security, can also lead to wrongful deaths in Pasadena. Property owners have a legal duty to ensure their premises are safe for visitors and free from hazardous conditions.

To prevent premises liability-related wrongful deaths, property owners must take proactive steps to identify and address potential hazards, perform necessary maintenance and repairs, and ensure adequate security measures are in place where needed. If a wrongful death occurs due to a property owner’s negligence, the victim’s family may have grounds for a legal claim and should seek the help of an experienced attorney.

7. Defective Products

When manufacturers release defective or dangerous products onto the market without adequate testing, warnings, or instructions, consumers can suffer severe injuries or even wrongful death. From faulty auto parts to contaminated food and dangerous children’s products, defective goods pose a significant threat to public safety.

Holding manufacturers accountable for releasing unsafe products is crucial for preventing future injuries and deaths. Those harmed by defective products may have grounds for a legal claim against the manufacturer or other responsible parties.

8. Violent Crime

While not as common as some other causes on this list, violent criminal acts such as homicide can also lead to wrongful deaths. These cases often involve lengthy legal proceedings to hold perpetrators accountable and obtain some measure of justice for the victim’s family.

In some cases, third parties may share liability for a wrongful death caused by crime if their negligence contributed to the situation, such as a property owner failing to provide adequate security measures in a high-crime area.

Understanding Pasadena and California Wrongful Death Laws

  • Statute of Limitations: California has a 2-year statute of limitations for filing wrongful death cases. This deadline begins on the date of the deceased’s death. It’s crucial to act quickly, as missing this deadline could bar you from seeking justice.
  • Eligible Plaintiffs: Under California Code of Civil Procedure Section 377.60, immediate family members (spouse, domestic partner, children) or those financially dependent on the deceased may file a wrongful death lawsuit.

Damages Recoverable

Compensation can include:

  • Loss of companionship/support
  • Funeral and burial expenses
  • Lost future earnings the deceased would likely have provided
  • Medical bills incurred prior to death
  • Pain and suffering of the deceased (in some instances)

In cases of extreme negligence or malice, punitive damages may be awarded in addition to compensatory damages. These are meant to punish the responsible party and act as a deterrent.

Wrongful death laws in California can be complex. For personalized guidance and to ensure your rights are protected, speak to an experienced wrongful death attorney in Pasadena.

Seeking Justice for Wrongful Deaths

We understand that the sudden loss of a loved one due to negligence is an unimaginable tragedy. At KP Litigators, our experienced wrongful death attorneys are here to offer compassionate guidance and fight for the justice your family deserves. A wrongful death lawsuit can help you obtain financial support, hold the responsible parties accountable, and start the process of healing.

Don’t delay – contact us today for a free consultation: (866) 973-5691.

Disclaimer: This article offers general information, NOT legal advice. Every case is unique, and only a qualified attorney can provide guidance tailored to your specific circumstances.

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Should I Move My Car After an Accident or Leave It in Place?

Being involved in a car accident can be a shocking and stressful experience. In the immediate aftermath, it’s important to know what steps to take to ensure your safety, gather necessary evidence, and comply with legal requirements.

One common question that arises is whether you should move your vehicle from the accident scene or leave it in place. This article will provide guidance on how to assess the situation and make the right decision.

Assessing the Accident Scene

After an accident, your first priority should be to evaluate the severity of the damage to the vehicles involved and check for any injuries to yourself, your passengers, and occupants of other vehicles. If anyone is injured, call 911 immediately to request medical assistance.

Next, assess the accident scene for any immediate safety hazards such as leaking fuel, fire, or dangerous debris. If your vehicle is creating a safety hazard or blocking traffic, and it is safe to do so, move it to the shoulder of the road or a nearby parking lot. California law requires motorists to move vehicles out of traffic lanes if there are no injuries and the vehicles are operable.

Gathering Evidence From the Scene

Before moving your vehicle, if it is safe to do so, take photos of the damage to all vehicles involved and the overall accident scene. Capture skid marks, debris, road signs, and traffic signals. Note the weather and road conditions at the time of the accident, as these factors can play a role in determining fault.

If there are witnesses, get their names and contact information. Their statements can provide valuable support for your insurance claim or legal case.

Situations When You Should Not Move Your Car

There are certain circumstances under which you should not move your vehicle after an accident:

  1. If someone is injured, leave the vehicles in place until medical help arrives.
  2. If your vehicle is not driveable or it would be unsafe to operate due to damage, leave it in place.
  3. If law enforcement officers instruct you not to move your vehicle, follow their directions. They may need to document the scene before vehicles are moved.
  4. In some cases, the exact position of the vehicles after the collision can be critical evidence for determining fault. If you believe the other driver was at fault and the vehicle positions help demonstrate that, consider leaving the vehicles in place until police arrive and document the scene.

When It May Be Necessary to Move Your Vehicle

Failure to report accidents involving major damage can again be charged as a hit and run. Penalties increase if the damaged property belongs to the government or a public utility.

If Any Drivers Appear Intoxicated

In certain situations, it may be necessary to move your vehicle after an accident:

  1. If your vehicle is blocking traffic and causing a safety hazard, move it to the shoulder or a nearby safe location if possible.
  2. If your vehicle’s position puts it at risk of being hit by oncoming traffic, moving it can prevent further collisions and injuries.
  3. If your vehicle is operable and can be moved safely without causing further damage or putting anyone at risk, it may be advisable to clear the roadway.

Notifying Authorities Before Moving Your Car

Before moving your vehicle, contact the police to report the accident. Provide them with your location and the nature of the accident. When the officer arrives, ask if it is safe to move the vehicles and seek their guidance on preserving evidence at the scene.

Steps to Take Before Moving Your Vehicle

If you need to move your vehicle, take these steps first:

  1. Photograph the damage to all vehicles and their original positions. These photos can serve as valuable evidence for your insurance claim.
  2. Make a note of the original location of each vehicle involved in the accident. Include distances from landmarks, road signs, or intersections.
  3. Ensure that your vehicle is safe to operate before attempting to move it. Check for fluid leaks, tire damage, and other safety hazards.

Other Considerations About Moving Your Car

  1. Be aware of your state’s laws regarding moving vehicles after an accident. In California, drivers are required to move their vehicles out of traffic lanes if there are no injuries and the vehicles are operable.
  2. Check your insurance policy or contact your insurance provider to understand how moving your vehicle after an accident may impact your claim. Some policies may have specific guidelines or requirements related to post-accident vehicle movement.
  3. Keep in mind that moving your vehicle may affect the ability to determine fault, as the original positions of the vehicles can provide crucial evidence. If you believe the other driver was at fault and the vehicle positions support that, consider waiting for police to document the scene before moving your car, if it is safe to do so.

Protect Your Rights and Maximize Your Settlement

We understand the confusion and stress that often follow a car accident, which is why we are here to help you navigate the legal process with confidence. At KP Law, our team is dedicated to protecting your rights and ensuring you receive the maximum compensation you deserve for your injuries and damages. Remember, it’s crucial to prioritize your safety and well-being after an accident.

Contact us today at (866) 973-5691 for a free consultation and take the first step towards protecting your future.

Note: This blog post is for informational purposes only and should not be taken as legal advice. Always consult with our experienced attorney for guidance specific to your situation.

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Calling the Police After a Car Accident in California: Is It Mandatory?

Being in a car accident can be a disorienting and stressful experience. With adrenaline running high, it can be hard to think clearly about what steps to take next. One key decision is determining if you need to contact the police after the collision. While it may seem easier to just exchange information and go on your way, there are important legal considerations regarding when you must call law enforcement in California.

This guide will provide an overview of when California motor vehicle laws require calling the police, when it is recommended to call, and when notifying law enforcement is unnecessary. Knowing these rules can ensure you remain compliant and protect yourself after an auto collision in California.

When You Must Call the Police After an Accident

In some accident scenarios, you are legally obligated to contact the police per California Vehicle Code:

If There are Any Injuries

If anyone involved in the accident sustained any type of injury, you must alert law enforcement as soon as possible. This is mandated by California Vehicle Code 20008 VC:

  • 20008. (a) The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to any person shall immediately stop the vehicle at the scene of the accident…and shall fulfill the requirements of Sections 20003 and 20004.

Thus, even a minor complaint of pain requires calling the police. The penalties for violating this law are increased if the victim’s injuries are permanently disabling or fatal. Leaving the scene of an accident that resulted in injuries can be charged as a hit and run, exposing you to fines exceeding $10,000 and up to one year in county jail.

If There is Major Property Damage

Under California Vehicle Code 20002 VC, you must notify police if an accident caused major property damage, such as:

  • Damaging another vehicle to the extent that it is inoperable and needs towing.
  • Taking out a fire hydrant, telephone pole, or street sign.
  • Colliding with a building or private property.

Failure to report accidents involving major damage can again be charged as a hit and run. Penalties increase if the damaged property belongs to the government or a public utility.

If Any Drivers Appear Intoxicated

If you suspect that any of the motorists involved in the collision may be under the influence of alcohol or drugs, you must contact law enforcement even if there were no injuries or vehicle damage. California Vehicle Code 20008 VC states that:

  • 20008. (b) Any traffic collision in which a driver may be subject to prosecution under Section 23140, 23152, or 23153 shall be reported within 24 hours of the occurrence to the police department…having jurisdiction…

Sections 23140, 23152, and 23153 cover California laws against driving under the influence of alcohol or drugs. Failing to report a DUI-related accident can also be charged as a hit and run.

If Vehicles Are Blocking Traffic

If the damaged vehicles are unable to be moved and are blocking the flow of traffic, you are required by California Vehicle Code 20002 VC to immediately notify law enforcement so officers can redirect traffic safely around the scene. Leaving your vehicle unattended while blocking traffic lanes also violates other California traffic laws.

If Any Drivers Leave the Scene

If any party involved in the accident leaves the area without stopping, you must call the police immediately. California Vehicle Code 20001 VC states:

(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.

Punishment is severe for hit and run offenses involving death or serious injuries. Jail time increases depending on factors like prior offenses and number of victims.

When Calling the Police is Recommended

While the above scenarios legally require contacting law enforcement, officers often recommend reporting any non-minor accident even if not mandated by California law. Here are some situations where calling the police is a good idea:

Moderate Vehicle Damage

Even if the vehicles are still safely operable after the collision, having noticeable damage makes getting a police report prudent. A neutral accident report can help resolve insurance disputes if questions later arise over fault or who caused the accident. The police report number is also required for the California DMV form SR-1.

Confrontational Driver Behavior

If the other motorist acts angry, aggressive, or uncooperative, calling law enforcement can help defuse the situation. Officers are trained to take control of heated disputes and sort out eyewitness accounts. Simply having a police presence may calm down drivers before things escalate.

Feeling Unsafe at the Scene

Depending on factors like time of day, location, or individuals involved, you may feel unsafe remaining at the crash site. Calling the authorities brings emergency responders who can provide security if you are uncomfortable. In a remote area, police can also dispatch tow trucks faster than you could independently.

Uninsured Driver

If either you or the other driver does not have auto insurance, contacting police starts a paper trail that can protect you if claims arise later. Under California law, uninsured drivers must file an accident report with law enforcement to avoid DMV registration suspension. The report number helps document fault and compliance.

While not absolutely required in the above situations, taking the proactive step of calling law enforcement can provide valuable peace of mind and evidence if issues develop down the road.

When Calling the Police is Unnecessary

There are some minor accident scenarios where contacting police is typically not needed:

  • Minor Fender Bender: If the accident resulted in just paint scraping or small dents but no real damage, calling law enforcement may be excessive. Drivers can self-report the incident to insurance without a formal police report.
  • Successfully Exchanged Information: After a minor accident without injuries, if you and the other driver have successfully collected each other’s names, contact info, insurance details, and vehicle/license plate numbers, calling the police may be redundant.
  • Vehicles Are Movable: Unblocking the roadway or posing a safety hazard, lightly damaged cars that can still be prudently driven likely do not require law enforcement.
  • Private Property: If a collision occurs in a parking lot or private driveway, contacting property owners or managers may suffice over calling police. However, law enforcement can still provide useful assistance with liability disputes on private property when requested.

What to Do After Calling the Police

Once you have contacted law enforcement as required after an accident, here are some key steps to take:

1. Remain at the Scene

Under California Vehicle Code 20002 VC, drivers are legally required to remain at the crash site until police have arrived and carried out their duties. The only exception is needing urgent medical care. Leaving early can lead to criminal hit and run charges.

2. Document the Scene

Use your smartphone to thoroughly photograph damage to all vehicles involved, skid marks on the roadway, any debris/fluids, injuries to those involved, and the overall accident location. Having time and date-stamped photos can serve as crucial evidence if any aspect of the collision is disputed later.

3. Obtain Witness Statements

Speak to any bystanders who saw the accident unfold and obtain their full name and contact number. Witness accounts provide impartial corroboration of how the incident occurred. If possible, briefly record witnesses describing what they saw for additional documentation.

4. Give a Statement

Provide a factual, detailed statement to the officers once they arrive at the scene. Admit fault truthfully if you believe you caused the collision. Consistently declining to speculate or give opinions preserves credibility. Anything you say to police can be used later, so be helpful but strategic.

5. Request a Copy of the Report

Ask the officers for a copy of the eventual accident report for your records, which you are entitled to under California Vehicle Code 20012 VC. Having the report proves you complied with calling the police and provides the report case number needed for insurance claims.

Following these steps preserves key evidence and ensures you meet your legal obligations after the authorities have been contacted.

What Information to Provide the 911 Dispatcher

When calling 911 to report an accident, the dispatcher will ask you several key questions to help direct the appropriate emergency response. Be prepared to provide:

  • The exact location and any landmarks or cross streets
  • A brief description of what happened
  • The number of vehicles involved and extent of damage
  • If there are any injuries and their severity
  • If any vehicles are blocking traffic
  • Your name and contact number

Providing clear, accurate details allows dispatch to send necessary medical, police, and towing assistance quickly.

When An Attorney Can Report For You

In limited cases, you may be unable to stay at the scene yourself to notify police, like needing immediate medical care. A personal injury attorney can help by:

  • Gathering accident info from you at treatment center
  • Dispatching an investigator to document scene
  • Reporting required details to authorities on your behalf

This ensures you still properly comply with reporting laws when physically unable.

Get the Compensation You Deserve After an Accident in California

If you or a loved one has been injured in a car accident in California, contacting the police is an important first step. While the law does not always require you to call the police after a minor accident, having an official report can help protect your rights and ability to recover damages.

At KP Law, our experienced California accident attorneys understand how to build a strong claim after a car crash. Our goal is to maximize your compensation so you can focus on recovery. If you need legal guidance after an accident, contact KP Law today at (866) 973-5691 for a free case consultation.

Our team will evaluate your case at no cost and advise you on the best steps to take. Don’t leave your claim to chance – get the experienced help you deserve.

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Daily Harvest French Lentil + Leek Crumbles Food Product Recall

Have you been injured after eating the Daily Harvest French Lentil + Leek Crumbles food product? Many individuals have purchased the Daily Harvest French Lentil + Leek Crumbles over the last several months. Unfortunately, hundreds of these people have become seriously ill by a bacteria or toxin in this food. The symptoms these victims have suffered include severe abdominal and gastrointestinal distress, including vomiting, diarrhea, upset stomach, heartburn, and stomach pains.Many customers have been hospitalized and have experienced even worse problems, such as problems with their liver or gall bladder, requiring surgery. Daily Harvest has issued a recall of this food and has advised customers not to eat the packages they have purchased. If you have experienced an illness after eating the Daily Harvest French Lentil + Leek Crumbles, call the experienced attorneys at KP Law at (866) 973-5691 for a free consultation.You may be entitled to compensation for your injuries. KP Law’s attorneys are experts in product liability and personal injury law, and they stand ready to assist with any claim you may have against Daily Harvest.
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Makita Angle Grinder Injuries

HAVE YOU BEEN INJURED BY A MAKITA ANGLE GRINDER? 

Badly designed and defective power tools often cause severe injuries to users. This is especially true of cutting tools, such as saws and grinders. Makita is one manufacturer of such tools, including an angle grinder that users have alleged are defective and dangerous. Makita angle grinders are difficult to operate because of a poorly designed switch, and they can result in “kickback” during operation. This can cause the angle grinder to fall from the user’s hand and cause laceration or cutting injuries to the user’s hands, leg, foot and other parts of the body. One of Makita’s angle grinder models does have a feature to make it stop operating upon release from the user’s hand, which can prevent injury. However, Makita has another angle grinder—model 9557NB—that does not stop operating upon release because of its propensity to lock-on during operation, which makes it highly dangerous.

KP Law represents consumers injured by defective power tools. If you have been injured when using power tool, including a Makita angle grinder, call the experienced attorneys at KP Law at (866) 973-5691 for a free evaluation of your injuries and claim.

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Paper Shredders & Burn Injuries

Sometimes, ordinary household products conceal hidden dangers. Paper shredders are one such product. Many people use paper shredders in their home or home office, not suspecting that this seemingly harmless product can pose a serious danger. The most serious danger presented by these products is that created by overheating and catching on fire. Unfortunately, shredders catch fire with some regularity.The fire starts in the box of the shredder, and heat generated by it is then expelled upward toward the user. In this way, paper shredders can cause severe burn injuries to users.If you have suffered a burn injury while using a shredder, you need a lawyer with expertise in product liability law to advise you about your rights.

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