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Proving Fault in Left Turn Accidents
Proving Fault in Left Turn Accidents
Left Turn Collision:
A left turn collision is when a vehicle turning left at an intersection is involved in a collision with another vehicle on the opposite side of the road that is going straight through the intersection. Under the reasonable person standard, the driver turning left is usually at fault for the accident. This is because a vehicle turning left turning must wait until it is safe to turn. However, the driver going straight through the intersection may be partially at fault if s/he was speeding or ran a red light. This may also reduce recovery, but not completely. Usually, speeding makes it difficult for the ‘left turning' driver to judge when it is safe to turn. More commonly, when the light turns red, most drivers will assume it is safe to proceed in making a left turn. This is not the case if a driver runs a red light. However, many times even in these instances, the driver determined "mostly at fault", is usually the driver turning left.Rear-End Collision:
Under the reasonable person standard, a driver that rear-ended another will almost always be found at fault. One of the main factors insurance adjusters consider during rear end collisions is vehicles must maintain a safe distance behind the cars in front of them at all times. However, if you were breaking and one or more of your brake or tail light bulbs were out or broken, fault can be split between drivers. For instance an adjuster may find the drivers partially at fault or 50/50. If an driver can prove that due to the broken tail light, the driver did not have enough time to respond or had a difficult time stopping. In this situation the amount of money you can recover will be reduced, however, you will probably still be able to get something. Insurance companies will often classify a rear-end collision as a low impact accident and will attempt to argue that the due to the impact bodily injury damages are minimal, thus offering low ball offers, even if medical reports prove otherwise. However, a typically injury one may sustain from a rear-end collision is whiplash or an neck injury, which may sometimes cause serious soft tissue damage. Some soft tissue damage includes, muscle tissue, ligaments and tendons. These types of damages frequently results in pain, swelling, tightness, bruising, or inflammation. However, these injuries are not always immediately apparent. Thus, injured parties may be offered a low settlement amount. Don't be that guy. Contact our office and receive no obligation consultation with our Glendale personal injury attorneys specializing in auto accidents.Location & Directions
Address: 815 E Colorado St #220, Glendale, CA 91205 Phone: {meta.phoneFormatted} Email: [email protected] - Read More
Recovering Damages In a Wrongful Death Lawsuit
Recovering Damages In a Wrongful Death Lawsuit
Los Angeles Personal Injury Attorneys and Accident Litigation Attorneys are Prepared to Help Potential Victim's Bring Wrongful Death Lawsuits.
A wrongful death lawsuit involves the deceased's estate or family member to bring a claim against a wrongdoer for causing the death of another, either negligently or intentionally. Wrongful death lawsuits can be divided into two categories: intentional and negligent deaths. Common examples of wrongful death cases brought under negligence include: medical malpractice, car accidents, bicycle accidents, motorcycle accidents, truck accidents, semi-truck accidents, medication errors, drowning accidents, slip and fall accidents, and defective products.What Do You Need To Prove In Wrongful Death Claims
Usually, wrongful death claims are based on a theory of negligence, victims must prove that the wrongdoer owed the deceased a duty of care, the wrong does breached that duty, causing damages as a result of the breach.Who can Bring a Wrongful Death Lawsuit
Usually a representative of the deceased's estate or next of ken can file an Wrongful Death Claim. All states, including California allow spouses to bring wrongful death lawsuits on behalf of their partner. Parents may also bring wrongful death lawsuits on behalf of their minor children.What Type of Damages Can The Deceased's Estate Recover In a Wrongful Death Lawsuit
Medical expenses that the deceased incurred, funeral and burial costs, loss of the deceased person's expected income, and loss of consortium. A loss of consortium claim is brought for the loss of intimacy between spouses. In some cases victims may win punitive damages. Bringing a wrongful death lawsuit can be a complicated process, thus if an deceased's estate or family member is considering bringing a wrongful death lawsuit should seek the advice of a legal professional. If you are interested in bringing a wrongful death claim against a medical professional, hospital, or other wrongdoer, call our 24-hour answering line and request a wrongful death consultation from a Los Angeles personal injury attorney.Common examples of wrongful death lawsuits:
Car Accidents Bicycle or Pedestrian Accidents Motorcycle Accidents Auto Accidents Truck Accidents Medical Malpractice Semi-Truck Accidents Medication Errors Drowning Accidents Nursing Home Neglect Nursing Home Abuse Slip and Fall Accidents Defective Products Other Personal Injury Claims that Caused the Death
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Eligibility For Expungement Under Penal Code 1203.4
Got CONVICTION?
Can't get a job because you have a criminal record? There is help. Use KAASS Law legal tips to get your life back! In order to clear your record, you need to get your conviction expunged. What does that mean you might ask? Well, read carefully!What is Penal Code § 1203.4?
If granted in court, after your conviction is expunged it will allow you to reopen your case and set aside the conviction. Such convictions are either a misdemeanor or certain types of felonies. You will be able to withdraw your plea of "guilty", enter a plea of "not guilty", and close the case without a conviction. However, this does not mean that your case entirely gets removed from your record. The arrest and charges will still exist and you must disclose the conviction in any direct question contained in any application for public office, for censure by state or local agency or for a contract with the California State Lottery.You May Be Eligible Under Penal Code § 1203.4 if:
- You were convicted of a Misdemeanor or certain types of Felonies.
- Probation was granted on the case.
- You have completed the full duration of probation and complied with all terms and conditions of probation or you were discharged from probation to the termination of probation.
- You are not serving a sentence for any offense.
- You are not on probation for any other offense.
- You are not currently charged with any other offense.
- All court restitution and/or fines have been paid.
Are There Form(s) I Need to File to Expunge My Criminal Record?
Yes, the California Judicial Council Form CR-180 is the form to file a petition for dismissal pursuant to California Penal Code § 1203.4. as well as § 1203.4a. Filing a petition for dismissal can be relatively easy, however, it can be a bit confusing. There are a number of forms that you must fill out and properly file them with the appropriate court. If you need help expunging your criminal record get help from a Los Angeles criminal defense attorney or call our office at {meta.phoneFormatted} and schedule a consultation.You May Be Eligible Under Penal Code § 1203.4a if:
- You were convicted of a Misdemeanor.
- One year has passed since the date the judgment was entered against you.
- You were sentenced and probation was not granted.
- You have completed your sentence and complied with any terms of the sentence.
- You are not on probation for any other offense.
- You are not currently charged with any other offense.
Our Criminal Attorneys Nave a 99% Success Rate in Removing First-Time Misdemeanor Offenses!
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California Motorcycle Accident Laws
California Motorcycle Accident Laws
According to the United States Department of Transportation, nearly 80 percent of motorcycle accidents are either fatal or cause injuries. Understanding of your rights cannot hurt as much as getting into one. California motorcycle accident laws are very similar to those in other states. There are some differences that are specific to California. California is the only state that permits lane splitting, "squeezing" in past slow or creeping traffic. California bikers must wear helmets at all times and must carry liability insurance at all times. California bikers must possess a Class M1 or M2 license and pass a skills test. Many times even the most skilled motorcyclist are involved in accident, i.e., motorcycle-auto or motorcycle-truck accidents. There are various causes for motorcycle accident such as:- Mechanical failures;
- Driver inexperience;
- Driver fatigue;
- Adverse weather condition;
- Automobile drivers – some often do not notice or know how to share the road with motorcyclists;
- Blind stops;
- Drivers driving under the influence of drugs or alcohol;
- Other causes
When involved in a Motorcycle crash, what type of information should I document?
- Driver's license number
- Exchange contact information
- License plate number
- Insurance information
- Photos the motorcycle and the automobile
- Police report
Bikers, be safe out there! Drivers, be cautious of your fellow motorist!
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California Business and Commercial Insurance Claims
How Does Business and Commercial Insurance Work?
Business insurance is a agreement between an insurance company and a business and/or business owner. In the event of a covered loss, a business and or business owner files a claim with their insurance company for any damages, financial losses, and other losses the business has sustained. Depending on your insurance policy limits your business may recover all losses. Thus, your business will only obtain the applicable amount of compensation for the loss(es). However, many times, adjusters may give business owners the round around and offer to pay a compensation amount below actual damages sustained. For example, say your business property damage has policy limits of $50,000.00, but your business actually incurred $100,000.00 in damages, you may be out of luck. When a loss occurs, the business will usually file a claim with their insurance company and an adjuster will open up a claim. Let's assume for example, that a faulty pipe burst causing water damage and destroys a portion of your business' premises, your insurance company will repay you for the damages incurred as well as aiding in the restoration process. It's important to remember, however, your insurance policy may only cover the type of coverage included in your insurance policy. If your business has inured loss or damages and you are unsure if you have coverage, call our office and schedule a consultation with one of our business insurance attorneys.What Is Business Insurance?
Business insurance includes a broad range of policy options designed to protect a business from financial loss. Every commercial operation has its own unique set of risks, which means a commercial insurance policy must be tailored to the business. Many factors, from the size of your company, to the number of workers you employ, the materials they handle and whether you have business vehicles, will determine the specific coverage you need to mitigate risk and protect your company's financials. A business lawyer at KAASS Law can provide you with the specific legal assistance that you may need. Business insurance includes a comprehensive range of policy options intended to defend and protect a business from various financial and property damage losses. In order to alleviate risks and safeguard your businesses livelihood it is vital to weigh out the types of coverage and policy limits your business needs. Not all business operations are created equally. Each business has its own unique and distinctive set of risks. Thus, commercial insurance policies must be tailored specifically to your business operations.What Does Business or Commercial Insurance Cover?
Business insurance policy may include coverage such as, general liability insurance, which covers injuries sustained by third parties for reasons such as, negligent maintenance, slip and fall accidents, various premises liability accidents, and other personal injury claims. For instance if a patron or consumer was injured due to liquid substance, a claim with you may file a claim with your general liability insurance. Property insurance coverage protects your business' property in the event your business sustained loss and damages arising out of water damage, fire, flood, storms, faulty pipes that caused a burst, or vandalism due to a break-in. Loss of income coverage protects your business and business owners in the event that your business was non-cooperation during times of cleanup & restoration. For instance, your business sustained water damage due to a faulty pipe that burst and you were unable to operate while damages were being repaired. Loss of income may be able to cover the losses you incurred during the clean up and restoration costs. Business lawyers at KAASS Law can provide you with any sort of legal assistance required with insurance companies. - Read More
When Are Trademarks Deemed Abandoned with the USPTO?
When Are Trademarks Deemed Abandoned with the USPTO?
Trademarks are deemed abandoned in two main ways:
(1) when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future, and (2) when the mark holder fails to file a statement of use as required by the USPTO. Once a trademark is deemed abandoned the holder has two (2) months from the mailing date of the Notice of Abandonment to file a Petition to Revive the mark. If the mark holder fails to make such a Petition the mark goes back into the public domain (under Federal Law) and any individual is free to use the mark. If the mark holder fails to file a timely Petition his sole recourse is to reapply for a trademark registration. Time is of the essence in doing so because as previously noted other parties are free to begin using the mark and may even file their own trademark applications. Are you in need of services involved with business law near Los Angeles, CA? Our business lawyers at KAASS Law would be happy to help. - Read More
How a Business Startup Lawyer Can Aid Your Company
Hiring a business startup lawyer in Los Angeles can get a costly. There is hope! Many firms, including KAASS Law understand the set-backs businesses and startups encounter, especially when it comes to capital. The good news is our business lawyers offer various fee options and try and work around the startup's budget. Without sounding too bias, hiring an experienced attorney from the get-go may make a huge difference in any business, including startups. In doing so, but specifically early in the process may help in avoiding huge costs that may crop up down the line due to an unexpected turn of events. With any business or project it's safe to say, it is usually important to have a solid foundation before adding the other layers.Selecting the Right Business Model:
There are a plethora of business models including the corporation and corporate sub-types, limited liability companies (LLC), and partnerships, such as Limited Liability Partnerships, General Partnerships, and so forth.Drafting Agreements and Other Documents:
There are a wide variety of important legal documents and business decisions that an experienced business attorney may assist with including: incorporating or executing an operating agreement, choosing the state of incorporation, executing non-compete and non-disclosure agreements, hiring and classifying employees, independent contractors, and consultants, and other business transaction agreements.Prevent Costly Litigation:
Our business startup attorneys have years of experience in representing business clients with their operating needs. By hiring an expert attorney early in the process you plan for the unexpected and avoid the pitfalls of costly litigation.Creation of Partnership:
Two or more partners are needed to form a partnership and it doesn't require formalities. General partnership can be formed by a(n) written/oral partnership agreement or simply by partners' conducts. In contrast, in most states, the number of people needed to form a corporation varies. Limited Liability Companies require paying a fee and filing your business with the secretary of state. Choosing your startup's entity formation depends on, amongst other factors, what your objectives and goals are, liability concerns, and tax preferences. - Read More
Uber and Lyft Accident Liability Insurance Coverage
Accident Liability Insurance Coverage for Uber and Lyft
Under California law, Uber, Lyft, and other TNCs are required to carry an insurance policy containing $1 million liability coverage. Unfortunately, many times both passengers and pedestrians that have been injured by an Uber or Lyft driver's negligence face a great deal of difficulties in recovering fair settlements. Our Ride-Share Accident Attorneys have helped many Uber and Lyft drivers that have been involved in accidents. Many feared being sued after their insurance company denies coverage under their insurance policy. Next time you decide to use Uber for a night out in Hollywood, make sure the driver has the proper insurance coverage, such as Metromile, which is discussed below. Our Los Angeles Uber Accident Lawyer at KAASS Law will frequently encounter the following questions: As Uber and Lyft passengers' what happens if we are not covered under an Uber or Lyft drivers insurance policy? What happens if the insurance company denies a passengers claim? What if Uber passenger sustained injuries and were rushed to the hospital? Will Uber pay for my medical bills, treatments, and other damages? How do drivers and passengers recover money damages? If you were involved in an Uber or Lyft accident or have any questions regarding ride-share insurance, Uber accident, Lyft accident, or any of the questions listed above, give us a call for a consultation and maximize recovery for your Uber accident injury claims. Our attorneys represent Uber and Lyft drivers in Los Angeles, Glendale, and the San Fernando Valley. California Insurance Commissioner allowed Uber to obtain additional liability coverage through an insurance company called, "Metromile". Metromile Insurance Company offers drivers the opportunity to add coverage on top of their personal auto policy. If your driver has additionally liability coverage with Metromile, it goes into effect as soon as they turn on their app. In other words, once an Uber driver, begins working and turns on the Uber app, liability coverage with Metromile goes into effect. What if I sustained injuries?- Even if you do not feel immediate pain, it is recommended that you seek medical attention. We know what you are probably thinking, "oh you attorneys always trying to exaggerate everything." But, no seriously, many times, you may not instantly feel pain right away because often times, auto accident victims usually feel pain or soreness day(s) following the accident.
- Contact all the parties involved and ask if a claim has been filed with their insurance.
- Request the claim number and adjuster's contact information.
- It is recommended that you do not speak to the adjuster directly rather consult with your lawyer or one that specializes in Uber and Lyft personal injury cases.
- Generally, adjusters use various tactics to make you go away or deny coverage. Thus, it is in your best interest to hire a personal injury attorney that is experienced in such cases.
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Lane Splitting Motorcycle Accident Insurance Claims
California Motorcycle Lane Splitting Law
Lane splitting happens when a motorcycle drives between two lanes of stopped or slowly moving cars. Thus, many drivers will notice motorcyclists drive in between two lanes. Usually, we will notice many motorcyclists' split lanes during rush-hour traffic on interstate 5, i405, or 134 freeways. So what happens if an accident occurs while a motorcycle is lane splitting? Well, truth is, proving if the driver or rider was at fault can get a bit tricky. This may depend on a number of factors, such as if the driver or rider was speeding, driving recklessly, what the police officer determined or noted in the police report Is Lane Splitting Legal? Not all states allow lane splitting, but in California, motorcyclists are legally allowed to lane split. However, only if the rider acts in a reasonably safe and prudent manner.Accidents While Lane Splitting: Who is Liable?
Lane splitting can be the cause for accidents due to little amount of space to maneuver through. If an accident occurs while the motorcyclist is lane splitting, more times than not, the driver will blame the rider for the accident. Also, if the insurance adjuster or a police report finds the motorcyclist's carelessness or unsafe riding as the cause of the accident, the rider may find it difficult to recover damages. Thus, it is probably best for motorcyclists to immediately seek advice from an experienced motorcycle attorney. Hiring a Los Angeles motorcycle accident lawyer may help preserve your claim. Also, one of the most detrimental things a motorcyclist can do is submit a recorded statement to the opposing insurance company. If you were involved in a motorcycle accident you call us directly and request a consultation.Factors Which May Help Your Motorcycle Accident Lane Splitting Claim
- You were riding carefully and were not speeding or weaving between cars;
- The driver of another car or truck was doing something even more dangerous than lane splitting - for instance, the driver was:
- On their cell phone texting or on a phone call;
- The driver quickly changed lanes without signaling;
- The driver drifted from one lane into another;
- Driver was distracted; or
- Driver was speeding
Los Angeles Motorcycle Accident Attorney
If you or a loved one has been involved in a motorcycle accident we invite you to contact our Los Angeles motorcycle accident attorney at {meta.phoneFormatted} for a consultation. - Read More
Santa Clarita Fire Homeowners Smoke and Ash Insurance
Over recent years wildfires have caused substantial property damage as drought conditions continue drying out forest land. Currently, that sand fires that swept the Santa Clarita Valley. Many homeowners should be aware that coverage for damages to their homes and personal property may be available. It is important that California residents living in high risk areas obtain as much coverage for wildfires as possible. Aside from property damages resulting from the fire itself, soot, smoke, and ash can become a long term health risk if it is not cleaned properly. It is important to review your policy carefully and regularly to ensure you are adequately protected.What does my homeowner's policy cover?
The typical homeowner's policy covers damage due to fires and your insurance company will pay to have your home rebuilt if complete destroyed. Fires that damage but do not entirely destroy a home are often called "partial losses." Most homeowner insurance policies cover soot and ash damages caused by fires.How do I know if there is smoke damage to my home?
Even if there are no obvious or visible damage to your home, it may have been impacted by extreme heat or smoke and therefore should have it thoroughly inspected by an experienced and qualified professional.So, who pays for the thorough inspection and fix?
Often, your insurer may call a vendor to inspect the damage and determine both the cause of the fire and what repairs may be required. However, if you believe the inspection has not been conducted properly it is important to consider speaking with a qualified attorney to help property owners find qualified experts to evaluate the damage and the cause, arrange for experienced appraisers to consider the full amount of damage involved, and help property owners recover any compensation he or she is entitledDoes my policy cover home inventory?
To make keeping track of inventory as easy as possible, it is important to keep a good record of inventory with photos, receipts, or videos. A copy of this should be kept in a safe location away from your home.Will my insurance company pay the extra expense of living elsewhere?
Typically, your insurance company will pay the reasonable cost to maintain your household until your home has been repaired. Do you need help with filing a fire damage insurance claim in Los Angeles? Our dedicated attorneys at KAASS Law are here to help property and homeowners understand their legal rights. Please call our office at {meta.phoneFormatted} or contact us via email at [email protected]