Fresno Personal Injury Attorney
CALL FOR A FREE CONSULTATION

        Avvo

If you or a loved on has been injured in a crosswalk give us a call and maybe we can help you get the compensation you need to move on with your life.  

DANGEROUS CROSSWALKS

Pedestrians are legitimate users of the transportation system and have the legal right to cross roads safely and efficiently -while the government planners and engineers have the legal duty to plan, design, and install safe and convenient crossing areas.

Marked crosswalks are delienated by white or yellow painted markings placed on the pavement.  Pedestrians often feel that if they use a marked crosswalk when crossing a street they are in a "safe zone" and therefore are de facto protected against oncoming vehicles.  Crosswalks, in reality are often death traps if located at "uncontolled" intersections (intersections without traffic signals or stop signs) or at midblock intersections.   

INADEQUATEE DEATH TRAPS

Many of these crosswalks- due to inadequate traffic-controlll devices, inadequate ligthing or other visibility problems are highly dangerous to pedestians and are "death traps" that noboby should be using.  

In California according to the Department of Motor Vehicles website, pedestrians deaths account for approximately 22 percent of all  traffic-collission fatality cases.  Indeed, the magnitude of unecessary deaths and injuries at uncontrolled marked crosswalks has driven increased awareness of this issue.  As a result in December 2017 the Federal Highway Administration issued a memorandum of outlining acceptable methods of safety features to help increase pedestrian safety, specifically marked crosswaks.

DESIGN AND PLACEMENT OF CROSSWALK

One of the things a Lawyer will analyizie is the design and placement of the crosswalk by the government agency.  And wether that design and placement was a contributing factor to the injury.  

WHAT IS NEEDED TO PREVAIL ON A CROSSWALK LAWSUIT?

In order to prevail on a crosswalk lawsuit for an injury claim resulting from an allegedly dangerous condition there must exist a " dangerous condition on public property" that due to negligence of conduct of the entitys failure to warn after having actual constructive notice of the condition, created an reasonable foreseable risk of the kind of harm that occured.  And all governmental statute of limitations must be be defeated.  

WHAT IS CONSIDERED A DANGEROUS CROSSWALK?

A "dangerous" condition is one that creates a substantial risk of inury when such property, or adjacent property is used with due care and in the manner in which it was meant to be used therefore, is someone uses the crosswalk in the manner in which it was supposed to be used and the crosswalk still caused harm then there could be liability on the part of the government if all the other factors are present.  

If you or a is severely injured while crossing in a marked crosswalk.  We will explore whether that crosswalk was "dangerous" and if the design, placement, and/ or layout of the crosswalk contributed or caused the harm. 

WHAT FACTORS ARE TAKEN INTO CONSIDERATION FOR A "DANGEROUS" CROSSWALK?

Prior accident history whether prior accidents have occurred at the crosswalk and when those accidents occurred.  

Pedestrian behavior/ demographics

determine the the traffic at various times and when that traffic is at its highest and what that traffic is like.  

Traffic what is the speed and volume of the traffic how heavy is it and at what times is the  traffic heavy or light.  Was there certain things that should have been done to increase the safety of the crosswalk especially at certain hours of the day. 

other visibility issues lighting etc. and if there were any other issues that should have been taken into consideration.   

If you have been injured in a crosswalk you will have a lot of questions give us a call at 559 441-1418. and we can help you. 

 

 

 

 

If you are a homeowner who suffered a loss due to fire, water, or theft you may be entitled to damages under California law against the insurer if the insurer, if the insurer fails to make them whole again.  In other words the insurer must restore the homeowner to the pre- losss condition.  Policyholders pay premiums, giving rise to the duty of insurers to provide coverage in the event of an insured loss.  

When an insurer improperly denies coverage, thereby failing to cover all insured losses, the policyholder the policyholder has a claim for breach of contract.  

In addition insurers are often found to be acting in bad faith with respect to claims handling processes and procedures.  This could lead to a lawsuit for breach of the covenenant of good faith and fair dealing.  Morever, when the insured is over the age of 65, there are damages for financial elder abuse.  this is an under utilized avenue for compansation for elderly people that have been mistreated by the insruance company.  

WHAT DO I HAVE TO SHOW TO HAVE A BREACH OF CONTRACT ACTION AGAINS THE INSURED?

To prove a cause of action for breach of contract the plaintiff must prove a brech of the terms of the insurance policy contract.  and an amount of damages that were caused by the breach.   There are various breach of contract categories of damages dwelling loss and repair personal injury loss and loss of use.  

DWELLING LOSS AND REPAIR

Generally an insured is entitled to the difference in market value of the home immediately following the loss, or the immediate repair, or the reasonable cost of repair if that cost is less then the dimunination of value of the property.  

In trial the  the insured must provide the repairs were necesssitated by the the insured loss.  and it is notable that the insured is not entitled to be placed in a better position as a result of the loss sometimes called "betterment" by the industry.  However, in the instance of a older structure code upgrades are often required by loca or state authorites.  The insurers obligation to fund code upgrades is governed by the terms of the homeowners policy and is often limited by policy language.  

PERSONAL PROPERTY

The limit for personal property coverage is usually a fixed percentage of the property-insurance coverage with the industry standard typically between 40-70 percent.  of the dwelling coverage.  Personal property covers the contents of the insureds home.  typically includes drapes, clothing, consumer electronics jewelry and other non-affixed contents in the home. 

Generally the insured is entitled to the difference in the market value of the personal property immediately before the incident or the reasonable cost of the repair if that is less.  Depreciation adjustment vary based upon the condition and age of the property which is often requires detailed proof testimony and expert evaluation.  

If the polcy provides for the replacement cost coverage then the insured is reimbursed for the cost to buy the personal property again in a new condition (without deduction for depreciation) 

Loss of use refers to the necessary increase in living expenses incurred by an insurred while the insurred home was uninhabitible due to a covered loss.  It is abailable under coverage D of most homeowners policies.  Loss of use is only available as long as the insured home was uninhabitable.  and the length of time loss-of-use benefits are available to an isured are typically governed by the contract of insurance.  

Insurers have a duty not to act in bad faith in dealing with an insured.  The insurer must consider the interest of the insured and this must be done. 

 

If you have any question call us at 559-441-1418.

 

When your loved one moves into a nursing home you expect to to get compassionate and personanilized care and attention.  But because some nursing home owners and administratiors value profits above all else.  Residents may be subjected to substandard care and treatment.  Some of them can even be abusive and neglectful.  

If these things happen you can give  our office a call and we can get you through this.  We have no tolerance for nursing home abuses.  and nursing home staff directors that allow these abuses to occur. Its our goal to help you through this and help your family the compensation to get your family what you need to get back on track.  Below I will go through some of the common signs for nursing home abuse below.

 

WHAT ARE SOME OF THE SIGNS OF NURSING HOME ABUSES

1. Unexplained cuts and bruises.

Abuse can often be physical, and staff members can strike hit or leaving them with signs of trauma that they might not remember due to memory issues. 

2. Sudden fear and withdrawal- abuse can also be emotional.  Residents who are emotionally abused via threats and humilation may become depressed, anxious, fearful, and withdrawn. 

3. Weight loss and worsening health

When residents are neglected they may not get there proper nutrition, and their access to medications and doctor appointments may be missed or restricted or denied.  

 

If you suspect that these type of abused are occuring dont wait and go forward with going to the authorities including the police if you go to the police you may still have actions that you can take in a a civil case go the authorities and you can go to us for the civil part of the case. 

If you still have questions give us a call and we can help you get through this. 

CAN I FILE A LAWSUIT EVEN IF CRIMINAL CHARGES ARE FILED?

YES  you can file a lawsuit even if somoene was prosecuted for the crime of harming your loved one this happens all the time and can help you and your family move forward.  

If you have lost a loved on because of the negligence of someone else you may be wondering what compensation you are due, and what you can recover.  We have helped many people with the same questions and have helped them recover the money they need to get there lives back on track after the loss of a loved one. If after reading this blog you have questions give us a call at 559-441-1418, and we can set up a cas evaluation to help you.  

So if you have lost a loved one due to another persons negligence, you may be able to file a claim for compensation.  There are four types of compensation that surviving members often recieve at the conclusion of wrongful death claims.  

 

WHAT ARE THE FOUR TYPES OF COMPENSATION YOU CAN RECOVER IN A WRONGFUL DEATH CLAIM?

1. MEDICAL BILLS Whether you or a loved one suffered a preventable injury or developed a prentable ilness, he or she may have required extensive medical treatment.  Unfortunately, medical bills arent dischargeable when loved ones pass away.  and tha tmeans you may be facing huge healthcare costs that you cannot afford without filing a compensation claim. 

2. LOST WAGES If you or a loved one wa a primary income earner for your household his or her death may have devestating effects on your familys finances.  It can be difficult to afford day-to day-  lving expenses whithout his or her income, but a wrongful death claim can help you recoup some or all of that money. 

3. FUNERAL COSTS- Funerals are more expensive than ever, and trying to afford one when youre already facing so many expenses can be overwhelming.  Wrongful death claims help provide relief for families who are worried that they might not be able to give their loeved ones the funerals they deserve. 

4. LOSS OF CONSORTIUM Above all else, losing a loved one means losing a person you deeply cared about and who provided many types of support to you and the rest of your family.  Wrongful death claims also take that loss into consideration when settlement claims are calculated.  

If you have more questions give our office a call we can get you through this having helped many people before and getting them through what is almost always a difficult process. 

If you or a loved one has been injured in a car accdient you will need experienced representation to make sure you recived that you get the compensation you need due to someoene elses negligence.  

You will have many questions and I will explain a little about the statute of limitations below so that you can prepare yourself. Nothing in this article is meant to be legal advice as to your specific questions get legal advice as soon as possible. 

 

HOW LONG DO I HAVE TO FILE A CLAIM FOR PERSONAL INJURY AFTER AN ACCIDENT?

In a car accident personal injury lawsuits you have two years in which to bring your lawsuit.  after which your claim will be barred from being brough to court.  The statute of limitations for property damage resulting from a car accident is three years from the date of the accident.  If you were involved in a car accident with a governmental agency. 

HOW LONG IS THE STATUTE OF LIMITATIONS FOR GOVERNMENTAL ENTITY, LOCAL OR FEDERAL,? THE STATUTE OF LIMITATIONS IS SIX MONTHS

From when the motor vehicle accident occurred, if the governmental entitly denies the claim, which is often the case, you will have six months from the date of denial to file the lawsuit for personal injury claim against the governmental agency responsible example of governmental entitly defendants ae city police departments, state highway patrols, munipal trash trucks, public houses, common carriers and other motor vehicles owned by a governmetal entity or opeated by a governmental employee who may have casused you injury in car crash.  

If a family member was killed in car accident then you may have the right to pursue wrongful death claim agains the representative party.  A representative of the survivors who suffer damages resulting from the victim's death can file a wrongful death suit agains the responsible party.  The same statute of limitations also applies to wrongful death suits caused by an automobile accident.   Some governmental entities are immune from wrongful death suits, so it is important to have a car accident attorney experienced in wrongful death claims to handle your case.  

Just because you can file a lawsuit immediately following your auto accident does not mean that you should.  Recovery from serious inuries can take a long time and further treatment may be required if treatment is not successful.  Consequently, you and your treating medial providers should hava firm treatment plan in place before setting youre claim.  An experienced motor vehicle accident lawyer can work with medical providers to ascertain the amount of care in the future in order to quantify your damages claim.  Too often do victims of car accidents require further treatment, but settled their claim in haste.  resulting in out of pocket expenses that can quickly add up.  

On the flip side waiting until the waiting until the last possible moment to file a lawsuit meetng all of the proper legal requirements and the statute of limitations may expire. And your claims become worthless at that time.   At that time you will be responsible for your future and past loss out of pocket with no reimbursements from anyone.  Whereas if you filed your suit on time than the wrongful driver will be responsible for your costs both present damages and future damages.  

If you or somoene you love was injured in a car accdident fell free to contact Gerald Schwab at 559441-1418 we can set up a free case evaluation and discuss your legal options and ability to protect you and your family.  We have helped many hundreds of people before and we can help you get through this.  

 

 

Unfortunately for many people vehicular manslaughter lawsuits come about fromt the increase in deaths of bicyclist.  Many times DUI related fatalities involve people walking and bicycling when they are injured.  

There are strict laws that will punish the drunk driver or the negligent driver in the criminal courts and many people believe that is the only recourse available to them is through the criminal courts; however, this is not accurate.

WHAT ARE THE STATISTICS FOR PEDESTRIANS AND BICYLIST BEING KILLED BY NEGLIGENT OR DRUNK DRIVERS?

According to the National Highway Traffic Safety Administration 3602 people were killed in California Motor vehicle collissions in 2017.  The majority of the fatal collissions nvolve more than one vehicle and other vehicle occupants and the most likely victims of the collisions, followed by pedestrians, motorcylist, and bicyclist.   Thrity one percent of those involved at least one driver with a blood alcohol lever of 20 or above, more than twice the legal limit. 

California Vehilce Code 23152 makes it unlawful for persons who is under the influence of alcoholic beverage or drug to drive a vehicle while intoxicated which is presumed at a blood alcohol level of 0.08 percent or greater by weight.  Commercial drivers, and drivers carrying passengers in exchange for compensation (taxis, Uber, Lyft, etc.) are presumed to be intoxicated if they have  blood alcohol level of .04 percernt or greater.  

ACCIDENTAL DEATHS CAUSED BY MOTORY VEHICLES AND VEHICULAR MANSLAGTHER

California Penal Code section 192 (c)  defines vehicular manslaughter as unlawful killing of a human being driving a vehicle in the commission of an unlawful act or a lawful ac t which might produce death in an unlawful manner.  

 

The sentencing for this crime would also, depend on wether the crime was committed as a felony or a misdemeanor.  Cases where the driver was intoxicated command more severe punishments depending on whether there was gross or ordinary negligence. 

the consequences can be evern more serious if the person acted with wanton disregard for the safety of others.  

If you have been injured by such a person than you should call us right away even though the person may be punished through the criminal legal system you still may be entitled to compensation for

lost wages

medical bills 

future damages

and other forseable damages  

There could be statutute of limitations issues so if you feel that you have been harmed by the negligence of another driver or is someoen has lost there life a a result of criminal negligence you may still be able to file a lawsuit agains them for there negligent behavior and recieve compensation for your injuries.  

Give our office a call at 559-441-1418, and we can help you get the compensation that you deserve having filed cases like this in the past and having recovered we know the ins and outs of the system and can help you. 

 

Schwab photo

Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
View Map
Phone: (559) 295-0391
Website: