Construction Accidents and OSHA violations

Construction accidents are increasingly common in California with the hustle and bustle of growing buildings and businesses all over Los Angeles and beyond. Frequently, construction accidents occur and an employee at a construction site is injured as a result. The injuries can range from minor to severe and life-long. When an employee or construction worker is injured on site either through the negligence of the employer through some oversight, the construction worker can pursue a legal claim for negligence.

Occupational Safety and Health Administration legal violations can give rise to a claim for negligence under certain circumstances. To learn more about the implications of your legal claim, contact our legal team at Akiva Niamehr LLP. Our aggressive litigators will pursue and advocate your case and try to obtain you justice and the compensation you deserve.

Did you Slip and Fall on Private Property?

Did you slip and fall on private property? If so, you may be entitled to compensation under a premises liability claim or cause of action if certain circumstances were present in your accident. First, you must have slipped or fallen on a person’s property as an invited guest or permitted visitor and not a trespasser. Second, your fall must have caused you injury. There must be a direct causal connection between the act or inaction of the property owner or landlord which is legally defined as “negligence” and the resulting bodily injury or harm to you.

These types of accidents frequently occur in supermarkets, grocery stores, restaurants, nightclubs and bars and much more. A spilled drink that was not properly or timely cleaned up to fruits that were stomped on in a market and were unnoticed by the patron or invited guest can give rise to legal liability for the landlord or property owner. Even stores like Target, Ralphs, the 99 cent store see these types of accidents on a regular basis. If the store employees do not have a proper protocol or follow a protocol to inspect the premises routinely (every 15 or 30 minutes perhaps), and if they do inspect but fail to clean it up in an appropriate manner and someone is injured as a result– then the store can be held liable and owe monetary compensation under California law to the injured party.

Such a legal action or claim is something the attorneys at Akiva Niamehr LLP routinely pursue for our clients in the most vigorous manner. Often times, an injured person who has slipped and fallen may suffer severe injury like a broken hip or bone or even a laceration. This would require medical treatment and even time off work depending on the nature and extent of the injury. Our team of attorneys work hard for our clients to recover all compensation you are legally entitled to under the law. This includes past and future medical treatment, lost wages or loss of income (both past and future) and damages for pain and suffering. If a loved one/spouse is involved and the injuries are quite severe or there is a wrongful death claim that is warranted, then there is damages for loss of consortium as well- which is the loss of companionship from a wife or husband.

Car Accidents: How to Survive them and Pursue Legal Action

Car accidents occur regularly and daily. On average, six (6) million car accidents occur in the United States annually. Of that number, three (3) million are injured in car or automobile accidents. Each year two (2) million sustain permanent and life-altering injuries in these auto accidents. It also has been discovered that one in seven people do not wear seatbelts.

With these statistics, it becomes apparent that not only are car accidents prevalent but their resulting injuries are real and tangible. The most common causes of traffic fatalities and car accidents include distractions like cell phones, speeding, drunk driving and bad weather.

At the law offices of Akiva Niamehr LLP, located in Los Angeles, we concentrate on providing our clients who were victims of such car accidents with excellent service and help guide them to obtain proper and beneficial medical treatment. At the same time, we pursue our clients’ legal and best interests by filing a claim against the at-fault driver’s insurance company in a timely manner to avoid any problems with having the statute of limitations run. The statute of limitations in California in a car accident personal injury case or claim is two years from the date of the car accident, where there was resulting injury. The statute of limitations for property damage only in California is three years. Every state is different with different timelines and deadlines. To preserve your interest and legal claim, it is important to consult with an attorney almost immediately after the accident has occurred- after you have obtained the necessary emergency medical attention or treatment, in serious automobile accidents.

Liability in Motorcycle Accidents

Because motorcycles are smaller than cars, only have two wheels and do not protect the driver with boundaries or an enclosure like a vehicle does, motorcycle drivers are at a higher risk when an accident occurs. Motorcycle accidents are more dangerous and the injuries can be more serious and often are.

This is due to the risks of driving a motorcycle on a road or freeway, which include less visibility to other cars, less stability and the lack of a physical barrier to protect the motorcyclist from other vehicles. Liability is determined by the standard of negligence. Was the accident caused by the motorcyclist’s action or inaction or in other words did the motorcyclist not act in a reasonable manner? Or was the accident caused by a truck or car that was negligent, did not see the motorcycle or failed to drive safely or properly in some other manner?

The determination is usually made in the first instance if for example one of the parties did not stop at a stop sign which would constitute a California Vehicle Code citation. A violation of a vehicle code citation automatically raises the assumption or inference of negligence and is legally called “negligence per se.”

In either event, either the motorcyclist will be found negligent or the driver of the other vehicle (truck, bicycle, car). In some rare occasions, both drivers can be said to be comparatively at fault. Perhaps, the motorcyclist did not put his signal on and so would be allocated 20% at fault while the driver of the vehicle was driving at such an unsafe speed (in violation of vehicle code section 22350) that he would have been unable to stop in any event and therefore deserves 80% allocation of fault. These are arguments the insurance company’s adjuster and your attorney will undertake and rehash in determining liability, especially where it is questionable.

It all depends on the factual circumstances of the accident, whether any laws were violated, whether there is a police report citing either party, whether there are witnesses, who was injured and to what extent and so on. Many considerations will be made and all of the factual scenarios will be reviewed by your attorney. For example, if a party did or did not have car insurance is also an important consideration. If a driver of a motorcycle is involved in a personal injury accident and did not have proper or effective insurance coverage, then his recovery in a legal case can be limited monetarily even if he was found to not be at fault or liable for the accident. When an injured party who was not negligent or liable does not carry insurance or the insurance was for some reason not in effect during the date of loss, the injured party can be limited in terms of his or her financial recovery against the negligent driver’s insurance company. This means pain and suffering money damages could be excluded and usually are, unless the insurance company is unaware of the coverage issue.

It is important to consult with an attorney if you have been involved in a motorcycle accident, either as the driver of another vehicle or as the motorcyclist yourself.