The scope and impact of recent workplace sexual misconduct claims involving civic leaders, on both sides of the aisle, has hit fever pitch. Each day brings new revelations about disturbing behavior committed by people in positions of power who are supposed to stand up for the most vulnerable in our society. Lawmakers from Capitol Hill to State Capitals across the nation are being accused of inappropriate behavior and political institutions are under fire for failing to recognize the widespread problem.
Author: wmlawyers
What to Do If Your Uber Driver Gets in an Accident
With the growing presence of rideshare programs like Uber and Lyft, the odds are increasing that you will be in an accident while using one of these services. Many people have already suffered injuries in such accidents. If you are injured, you will have medical expenses to pay, lost time from work, and could suffer from long-term injuries. When an accident in an Uber happens, you need to make sure to follow certain steps to guarantee proper care and treatment.
What you need to know if you are in an accident in an Uber or Lyft vehicle:
- Read Before You Ride
- Uber and Lyft give their drivers very limited instructions on what to do after an accident beyond calling 911, checking on their passengers, and getting help for those who need it. Before you use one of these services, take the time to peruse their terms of service. Pay attention to the sections about passengers, but be sure you review their instructions to drivers. It’s good to know how the company expects their drivers to behave or react in specific situations. You want to be aware if the driver deviates from the course of action prescribed by the company.
- Companies Want to Protect Passengers
- Both companies value their customers. Uber and Lyft have a vested interest in you staying safe because they want to earn your loyalty and repeat business. Lyft employs a team who has the job of reaching out to passengers when an accident happens to help with insurance information or potential claims. However, the companies have their own best interests in mind in of these situations.
- The key thing to remember is your status as a passenger. Most insurance plans have coverage for passengers; Uber, Lyft, and similar services require additional insurance. When an accident happens, either the driver’s insurance or Uber’s will be liable for covering any expenses regarding treatment for injuries, lost work, and more.
- Get All the Information
- As with any accident, you need to gather as much information as possible so you can provide that information to the authorities, your insurance company, your lawyer (if you retain one), an the drivers’ insurance companies. At a minimum, document the following information:
- Your driver and the other driver’s name, address, and phone number (the app may provide your driver’s data), The same information from any witnesses.
- Personal insurance information from both drivers.
- Any information on Uber or Lyft’s insurance.
- Vehicle information for both cars, including make, model, registration numbers, and license plate numbers.
- Pictures of the accident, including damage to the vehicles.
- Notes regarding injuries.
- As with any accident, you need to gather as much information as possible so you can provide that information to the authorities, your insurance company, your lawyer (if you retain one), an the drivers’ insurance companies. At a minimum, document the following information:
- Filing Your Claims
- Uber and Lyft carry insurance protection up to $1 million per accident, which includes $50,000 per person. The drivers will each carry the state minimum coverage, providing you additional options for covering medical expenses. Depending on the coverage you have with your own insurance, you may be able to file a claim with them as well.
Understanding your rights as a passenger involved in an Uber or Lyft accident can help you stay calm and follow the correct steps afterward. Fortunately, you have several options for making sure you receive proper compensation. If you’re confused, consult with our Oakland personal injury lawyers to help you make the right choice.
Sources:
https://help.uber.com/h/039f5d2f-1361-4d63-98f3-3474e625575b
https://hildasibrian.com/en/what-happens-when-you-are-a-passenger-in-an-uber-accident/
https://www.usaa.com/inet/pages/advice_auto_vehicle_accident_checklist_01
https://newsroom.uber.com/insurance-for-uberx-with-ridesharing/
What You Need to Know About Unmarked Crosswalks
Cars, buses, trucks and cyclists all have the right to operate on roads, as long as they abide by the laws. The same is true of pedestrians, but those on wheels don’t often treat those on foot with the same respect that they give to others. Many drivers believe that pedestrians are limited to specific road crossing points. This is not always true, as is the case in an area using unmarked crosswalks. Learn more about this sometimes-confusing pedestrian crossing point, and how you can stay on the right side of the law as a driver and a pedestrian.
What Are Crosswalks
Road builders and city planners construct set crossing points for pedestrians and any other road traffic to interface safely, called crosswalks. Legally, the crosswalk is an extension of the sidewalk in designated areas. In most cases, city planners make crosswalks obvious to both walkers and drivers. Some have lights restricting access for any type of vehicle or pedestrian. The goal of these crossing points is simple: allow quick, unimpeded crossing opportunities for those on foot to safely cross a road where there is vehicular traffic.
What Are Unmarked Crosswalks
Though planners want to make these demarcations clear, not all of them are. Generally, pedestrians have permission to cross a road at any intersection, unless the law specifically restricts crossing there. Marked crosswalks exist in a controlled location, where traffic signals help control the flow of road and pedestrian traffic. However, not all crosswalks are at controlled locations, nor do they always require markings. While all crosswalks have specific requirements, such as accessibility, the placement of unmarked crosswalks varies from state to state. In most states, roads in residential zones function as unmarked crosswalks, meaning pedestrians can cross the road anywhere.
Pedestrians crossing at such a crosswalk must do so in a way that does not endanger them or the operators of vehicles. They also must yield the right-of-way to road traffic when crossing an unmarked crosswalk at an intersection.
The Problem with Markings
When considering the two types of crosswalks, one may assume that installing marked crosswalks makes more sense because they are more readily visible to the driver of a vehicle. While drivers may be more aware of a crosswalk at a controlled location like an intersection, they tend to be less aware of crosswalks away from such locations.
Pedestrians, meanwhile, view a marked crosswalk as a safe point to cross and, sometimes, wrongfully assume drivers will yield to them when they cross there. Additionally, many pedestrians and drivers remain uninformed about the unmarked crosswalk, with drivers assuming no one will cross there and pedestrians not realizing where an unmarked crosswalk exists.
The data and statistics on which type of crosswalk is safer remain murky, but what is clear is better understanding of city laws will mean fewer accidents in these crosswalks. Pedestrians and drivers can improve the function and use of both types of crosswalk by reviewing city or state laws on their use and by practicing better awareness when in areas where pedestrians may cross. If you or a loved one were injured in a pedestrian accident, don’t hesitate to call our Oakland Pedestrian Injury Attorneys for a free consultation.
Sources:
https://www.dmv.ca.gov/portal/dmv/detail/pubs/hdbk/right_of_way
http://www.ncsl.org/research/transportation/pedestrian-crossing-50-state-summary.aspx
https://www.fhwa.dot.gov/publications/research/safety/04100/01.cfm
https://www.fhwa.dot.gov/publications/research/safety/04100/04.cfm
Five Injuries That Can Ruin Your Holiday Plans
The holiday season fills our days with fun and excitement, creating memories that last a lifetime. It’s a time to feel warm, cozy and safe at home. Avoid creating the wrong kind of holiday moments by being aware of these potential risks.
Top 5 Most Common Holiday Injuries:
- Decorating Risks:
- Every year, the decorations are dug out from garages and attics to fill neighborhoods and cities with festive color and cheer. To get some of those memorable displays set up, people sometimes take chances erecting them, leading to falls and emergency room visits before the holidays have really begun. To avoid being a statistic, check your equipment before you start to work. Make sure your ladder is secure, and don’t climb up onto your roof when it’s wet or covered in snow. Be mindful of the dangers inside, as well. Don’t continue using old lights that may have an electrical short; this could easily start a fire, especially around a dry Christmas tree.
- Dietary Hazards:
- Holiday meals mean a lot of wonderful seasonal food. It also can lead to people taking a serving (or two) too many. This kind of over-indulging leads to several issues, including indigestion and high blood pressure. You will also likely gain weight. Be mindful of what you eat and how much.
- Too Much Fun:
- Holidays mean parties, and those often mean alcoholic beverages. Be mindful of how much you drink, especially when driving in inclement weather. Even if you are under the legal limit, bad weather requires your senses to be at peak condition when driving. Additionally, be alert to your stress levels, as over-indulgences can lead to more serious conditions that may send you to the ER, like an atrial fibrillation.
- Dangerous Traveling:
- Too many people take risks during the holidays in an effort to get to their friends and family. People driving recklessly, drivers on the road after a drink, and bad weather can create a perfect storm for travelers. If you’re about to go on a trip be prepared, make sure you’ve had plenty of sleep, that your car is ready for the trip, and that you’ve studied the weather. Make sure you bring snacks and warm clothes in the event that the weather deteriorates and becomes cold and nasty. If you’re traveling by public transportation to your destination, give yourself extra time to get to your transportation choice.
- Illness:
- Flu season strikes just as the holiday season is about to unfold. Being out among crowds shopping, commuting to work, or traveling to see family exposes you to more germs, increasing your risk of catching the flu. Practice hygienic behavior: wash your hands often, don’t touch railings, wear gloves, avoid touching your face until your hands are clean or sanitized, and be mindful of spreading your own germs to others. Pay extra attention to your children, as they are prime germ carriers. Make sure you and everyone in your family gets a flu shot.
This list is by no means exhaustive. Keep the holiday stories you will be telling for years to come happy ones by being smart when decorating, eating, partying, or traveling. Take care of yourself so you can enjoy the holidays for many years to come. If you suffered injuries that were caused because of someone else’s negligence, don’t hesitate to contact our Oakland personal injury attorneys to get a peace of mind and ask any questions you need answered.
Sources:
https://lifehacker.com/the-most-common-holiday-injuries-and-how-to-avoid-them-1790272397
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2951273/
https://travel.state.gov/content/passports/en/alertswarnings.html
USC Student Files Sexual Harassment Lawsuit Against Professor and School
A doctoral student in social work at USC was assaulted and sexually harassed by her dissertation advisor while on a school/work related trip to New Orleans. She is 34 year old Karissa Fenwick. She made an internal complaint to the University and they investigated and made findings that she was, in fact, sexually harassed and the perpetrator, Dr. Guerrero attempted to use his influence over her to get her to not make a complaint. Despite these findings, Dr. Guerrero remained employed at USC. He then challenged the findings claiming that Karissa came on to him and that he was frequently pursued by female students and that he was known as the Hot Latino Professor. Despite providing 9 supposed witnesses to these defenses, not one of the witnesses supported him. Finally, the University administered terribly light discipline of basically a suspension for one semester. The lawsuit claims that the discipline should have been far more serious—he should have been fired. This was the second time that he sexually harassed a student that we know about. Karissa has been forced to avoid campus while Dr. Guerrero continues to work for USC.
from Juris Productions
News Coverage:
CBS Los Angeles
USC Student’s Sexual Harassment Claim Backed, But Professor Still On Staff
Daily Trojan
Student files sexual harassment lawsuit against professor and USC
Social work faculty pens letter condemning USC’s actions after sexual harassment complaint
EDITORIAL BOARD: USC must engage in dialogue with students
KTLA
USC Grad Student Sues Professor, University Over Sexual Harassment
ABC 7
USC Grad Alleges Sexual Harassment by Professor
Los Angeles Daily News
USC Graduate Students Sues University, Associate Professor Over Sexual Harassment
NBC Los Angeles
Lawsuit Targets USC for Retaining Tenured Professor Accused of Sexual Harassment
LA West Media
“I Was Terrified,” USC Grad Student Says Her Reports Of Sexual Harassment Were Ignored
USC Annenberg Media
USC doctoral student sued the school over its response to sexual harassment
Capital & Main
Students Blast USC’s Handling of Sexual Harassment Case
ATVN News
Why Low-Income Families in Oakland Are Less Likely to Pursue Wrongful Death Cases
Income inequality has been a hot topic of discussion among the American public for many years. Various studies show that income growth seems to happen only for society’s highest earners, while low and middle-income families see little to no wealth growth over time. The Bay Area of California has some of the most staggering income inequality in the country, which could be a major reason why lower-income families in the Oakland area may not pursue wrongful death claims.
How Income Affects Wrongful Death Claims
Filing wrongful death claims requires time and money that most lower-income households simply do not have. Additionally, legal fees for representation in a wrongful death claim could comprise a substantial portion of a lower-income plaintiff’s settlement or case award. The cost of living in the San Francisco Bay Area has also grown astronomically in the past several years, further hindering lower-income families’ flexibility when it comes to paying for legal representation.
Lower-income areas are generally less safe and less healthy than wealthier areas, so residents of lower-income neighborhoods are more susceptible to illness and injuries from negligence. Lower-income neighborhoods are also more likely to encounter environmental health hazards, such as contaminated drinking water, poor air quality, dangerous roads, and more safety issues. The life expectancy for people born in these areas is significantly lower than in wealthier areas, sometimes by as much as a decade or more.
Few choices when it comes to food also present problems for lower-income areas of Oakland. Many individuals in these neighborhoods do not own their own vehicles, and the area’s poor standards drove away businesses including grocery stores. In their place, establishments like check cashing businesses, fast food restaurants, corner markets, and liquor stores have taken root, offering the local populace minimal choice for healthier foods. For someone living in this area without a car, the choice between a trip down the block to a corner store for a cheap meal or a half-hour bus ride to the nearest grocery store isn’t really a choice.
Limited Legal Options
Many people file wrongful death claims when loved ones die from the negligence of other parties, unsafe environmental conditions, or lax public policies. Suing the government or a local municipality is much more complex than filing suit against another private citizen, and this may discourage many lower-income families from pursuing wrongful death claims.
Most people who decide to pursue wrongful death claims for loved ones lost due to negligence face complicated legal entanglements that can involve multiple defendants, a plethora of documentation, and long, drawn-out hearings and court battles. A lower-income family may not be able to secure adequate legal assistance for pursuing a wrongful death claim, or the possible settlement amount isn’t enough to justify the expense on attorney fees.
Despite the challenges facing lower-income neighborhoods in Oakland, it is important for anyone who has experienced the loss of a loved one in a wrongful death to explore their legal options. Surviving loved ones can secure compensation for a deceased loved one’s final expenses and medical bills, as well as compensation for their suffering and loss of a loved one. If you find yourself in such a situation, reach out to a reliable wrongful death attorney for a consultation to determine whether pursuing a claim would be a prudent choice.
Sources:
http://www.acphd.org/media/353060/acphd_cha.pdf
Pedestrian Injuries in Oakland
Hundreds of pedestrians suffer serious injuries from accidents with motor vehicles every year in Oakland. In some cases, pedestrians do not pay attention to changing road conditions and proceed in unsafe ways. In others, drivers do not pay attention to the pedestrians nearby or make sudden maneuvers too fast for pedestrians to react. The court considers drivers as having a higher duty of care than pedestrians when it comes to preventing accidents. Therefore, the court almost always sides with pedestrians in legal disputes with drivers who hit them. However, California’s negligence laws still allow pedestrians found partially at fault for their injuries to collect compensation through personal injury claims.
Negligence in California
California follows a comparative negligence law, meaning a plaintiff can recover compensation for damages, even if he or she was partially at fault for the injury-causing accident. In pedestrian accident cases, this may apply to pedestrians who cross the road on a “Do Not Walk” or red light. It could also apply to pedestrians making unsafe or illegal decisions, such as jaywalking or walking on the highway. The jury reviewing a pedestrian accident case will certainly take the pedestrian’s behavior at the time of the accident into account when making a determination of liability.
Oakland is a major metropolitan area of California opposite the bay from San Francisco. This means residents contend with regular heavy traffic and many pedestrians, including tourists and visitors on business. It’s essential for anyone injured while walking in the Oakland area to know their options for legal recourse, even if they believe they are partially to blame.
Damages in Pedestrian Accidents
An injured pedestrian can secure several kinds of compensation from a negligent driver:
- Medical expenses, including the pedestrian’s hospital bills, surgical fees, and any costs for necessary ongoing treatments.
- Pain and suffering. The jury hearing the case will consider testimony from expert witnesses to determine the pedestrian’s physical pain and mental suffering after an accident. Pain and suffering damages are often substantially more than the plaintiff’s medical expenses.
- Lost income. A pedestrian accident could lead to missed time from work or permanent disability. The plaintiff can secure compensation for lost earnings in that time.
- Property damage, including the costs of replacing or repairing any of the pedestrian’s personal property damaged or destroyed in the accident.
- Punitive damages. In some cases, a jury may award punitive damages if a defendant’s actions were grossly negligent, intentionally harmful, or connected to illegal activity. For example, a driver who strikes a pedestrian after running a red light while evading police would face punitive damages in a civil claim from the pedestrian as well as criminal charges from the state.
- Wrongful death. In the event a pedestrian dies due to a negligent driver, the victim’s loved ones will need to file a wrongful death claim instead of a personal injury claim to seek compensation.
Pedestrians in Oakland can avoid becoming accident statistics by using good judgment while walking and crossing roads only where it is safe and legal to do so. The court may tend to favor pedestrians in personal injury claims against negligent drivers, but situational awareness and good decisions can help prevent injuries and lawsuits in the first place. If you were hit by a negligent driver, contact our Oakland personal injury attorneys , you may be entitled to compensation.
Sources:
http://www.ots.ca.gov/Media_and_Research/Rankings/default.asp
http://statelaws.findlaw.com/california-law/california-negligence-laws.html
Oakland Biking to Work Safety Tips
Many Americans use bicycles to commute for additional exercise and to save money on gas. While biking is a great activity and can help reduce traffic congestion and pollution from car exhaust, it’s important for bicyclists to be safe on the roads. Hundreds of people in Oakland and Alameda county are injured or killed every year after being hit while biking to work however there are many safety measures you can take to avoid an injury.
Consider the following tips for a safer bicycle commute to and from work.
- Plan ahead
Before starting your commute, you may want to do a few practice runs on the weekend. While traffic patterns are likely different, this will give you an estimate of how long it will take you to reach work. Rushing while bicycling to work will increase your chances of an accident. If you leave work during rush hour, see if you can find an alternate route that may be easier for you to navigate on a bike, instead of contending with busier main roads. - Make yourself visible.
If your commute takes place in the early morning or late evening, make sure your bicycle has reflectors, so drivers can spot you more easily. Also check your area’s bicycle laws. Some areas may restrict bicycles on sidewalks while others prohibit bikes on some roads. Whatever the case may be in your area, try to ride predictably with the flow of traffic so other drivers can easily spot you. - Give yourself space.
Don’t travel too closely to passing cars, and if you must use a bike lane, pay close attention to the cars parked ahead. If a driver suddenly opens his or her door and you don’t have time to stop, you could collide with the opened car door and sustain serious injury or reflexively swerve to avoid the sudden obstacle and wind up in the adjacent lane of traffic. Also remember that cars cannot stop in an instant. Any vehicle will require more distance to safely stop at higher speeds, so take this into account and never risk any sudden maneuvers that could put you at risk. - Wear a helmet.
Some states require bicyclists to wear helmets while others only require riders under the age of 18 to wear them. Regardless of your area’s bicycle helmet law, wearing a helmet can significant reduce your chances of sustaining a serious or fatal head injury in an accident. Only use Department of Transportation-approved helmets. - Ride responsibly.
Most states consider bicyclists on the road as drivers beholden to the same traffic laws. During your commute, ride with the flow of traffic, only turn or change lanes when it is safe to do so, and signal before making any turns to warn other drivers ahead of time. - Avoid bicycling under the influence.
Alcohol and drug use can impair your ability to safely handle a bicycle. You should never attempt to operate any kind of vehicle under the influence of alcohol or other drugs. - Make eye contact at intersections.
A good rule of thumb for pedestrians also applies to bicyclists: When crossing in front of stopped opposing traffic, try to make eye contact with the stopped drivers to acknowledge you are crossing and they can see you.
These are just a few ways you can stay safer while bicycling for your commutes. With the proper preparation and keen situational awareness, bicycling can be an exciting, cost-effective, and healthy alternative to driving a car or taking public transportation. If you or a family member are hurt, contact Oakland personal injury lawyers at Winer, Mckenna & Burritt will fight for you and get you the compensation you need.
Cal Student Sues, Alleges Sex Harassment by School Therapist
A California University at Berkley Student files a sexual harassment suit against a former university employee.
Attorney John Winer is representing the student and says the former school therapist allegedly videotaped Roe at least once during one of the therapy sessions he had with her and may have used it for his personal gratification.
You can read the complete sexual harassment claim here.
Daily Journal Reports: CAL Student Sues Campus Therapist
The Daily Journal reports on a complaint filed in Alameda County Superior Court against the Regents of the University of California and a university-employed trainee-therapist accuses him of Title IX sexual harassment, among other allegations. Attorney John Winer is defending the UC Berkley student who claims the former university employee taped her and used it for his own personal gratification. Read the full article below: