The Many Ways You Can Be injured in Santa Monica, CA – By Ehline Law Firm PC
This informational and educational post is brought to you by the Ehline Law Firm PC. If you are a resident, or a tourist, there are many things you should know about the risks of suffering a serious injury, as well as the best means of obtaining assistance if you are in fact harmed. Santa Monica is a coastal community with a population of 89,736 as of the 2010 U.S. Census. Although the population is small in comparison to the rest of LA, the rest of the County, as well as the tourists come here in droves, making it dense, and packed. This means the statistical chances of being run over by a car, or injured due to the negligence of someone else is quite high. Ehline Law Firm helps consumers understand their rights and also helps them with their liability insurance claims.
- More about Santa Monica
- Public Transport
- Dangers of Bike Paths
- Hiking in Santa Monica Mtns
- Freeway Dangers
- Recent Statistics
- Crimes Can also Result in Injury Claims
- Santa Monica Courts
- Insurance Requirements
More About Santa Monica
The Big Blue and Little Blue Bus offer inexpensive transportation, and there are also taxis everywhere. As you can see, there are many ways a person can be hurt while visiting here. Sometimes it isn’t always just an accident. Bottom line is, you will need legal counsel if your hurt.
If you have suffered a personal injury in Santa Monica, California, or while on vacation in Santa Monica, California, and need to know how to find help, you are not alone.
What are Some Personal Injuries Prevalent in Santa Monica, CA
Santa Monica, California, is a beautiful and famous place. The city is famous for its Westland “pier cam.” (See Santa Monica Piercam.) Santa Monica’s 3rd Street Promenade has world famous restaurants, stores, several movie theaters and large parking structures everywhere. This is also famous for Montana Street, off Wilshire Blvd.
The “Santa Monica Beach Bike Path” is usually very crowded, but has open stretches of bike path as well, heading north towards Malibu Beach. You will find skateboarders, roller bladers, runners, and joggers, etc. You will also probably see street actors, performers, musicians and merchants haggling with tourists. There is also sporting activity going on, like volleyball.
Suffering an injury here from a flying skateboard, or out of control bicycle on the boardwalk is not an uncommon thing. Seeing a roller blader scraped up, or laying on the ground, is not uncommon either. These are all dangerous events requiring a real expert at bicycle and tort law. On the South Side of the Pier, is situated, “muscle beach”. The Pacific Ocean has activities like surfing, body boarding, knee boarding, swimming and skim boarding. Lifeguards are usually on duty at the Pier as well, but that does not mean they are doing their job reasonably, or even locating all the dangers.
There are many places to suffer a injury in the West Side. For example, you could suffer an injury on a hike in the mountains. These hills and valleys are just a short drive north from the Pier. The Mountain Recreation Area is 150,000 acres. Activities popular there are mountain climbing, hiking, butterfly watching, bird watching and simply tip-toeing through the tulips.
Sometimes no go zones are not properly noticed, roads and paths are not properly maintained by the city, county, or state and bad things happen to visitors. Santa Monica Parks are open seven day per week. If you suffered an injury while hiking, it may not be your fault and you may be able to sue the government. The Park hotline is as follows: (818) 597-9192 extension 201.
Douglas Park (24th Street & Wilshire Boulevard) features green, bowling. Apart from the bowling the park also features outdoor tennis courts. (Read more on World 66.) The city is accessible by the world famous Santa Monica Freeway. (Read more.) Obviously, the freeways are a potential source of a personal injury in the small city of Santa Monica as well.
When an individual suffers physical or emotional injuries, and/or an individual’s personal property is destroyed or damaged, a call to legal counsel is an important step in determining your insurance damages claim. These “damages” must be caused by a tortfeasor’s (Defendant(s)) failure to exercise due care, or carelessness. The damages are usually the result of a Defendant’s intentional conduct, malice, negligence, recklessness. Taking your dispute to the local court house, will help avoid the wild west scenario of “self help.”
Injury and Accident Statistics In Santa Monica
Information from the Santa Monica PD Annual Report reveals that you could be injured while visiting here. Suffering a harm requires setting up a claim, follow through and aggressiveness. Ehline Law Firm PC offices are all the above.
Santa Monica Recent Market Mayhem
Recently, 35 pedestrian victims suffered personal injury by an out of control car driver in an automobile accident. Due to its large concentration of pedestrians, motorcycles, bicycles and cars, is a recipe for a serious pedestrian accidents and injuries. Therefore, suffering a personal injury in Santa Monica, is always a distinct possibility.
The Federal Highway Administration Statistics:
- 6,000 pedestrians are killed every year.
- 90,000 pedestrians suffer personal injuries every year.
- A pedestrian or bicyclist is killed every 3 1/2 minutes in an accident.
- Pedestrian injuries and fatalities from accidents result in $20 billion in societal costs.
Crimes Can Also be a Cause of Personal Injuries and Accidents
It is possible for a tort to be a crime and crime to be a tort. For example, if someone punches you in the face without your consent, this could be a criminal battery, as well as a civil battery and also personal injury. The criminal battery gets the wrongdoer a criminal record if convicted, or a People v. West type plea bargain is entered into. The civil battery gets the injury victim a civil money judgment if the wrongdoer is found liable. Obviously, as great as it is, Santa Monica is no stranger to crime and personal injury. (Read More.) Recently, 5 people were shot at the Santa Monica Pier due to street gangs. (click here.)
Having a family member slain in the city, would be both a crime and a personal injury tort. The crime would be murder, and the personal injury tort, a wrongful death personal injury. You or your family may be entitled to recover money damages for a wrongful death personal injury slaying. Recently, for example O.J. Simpson, was convicted by a civil jury for killing his ex-wife in Brentwood, under the personal injury tort of wrongful death.
As it will be recalled, O.J. Simpson was found not guilty for the murder of his wife and that of another man, by a California criminal jury. Most of the evidence excluded by Judge Ito at the California criminal trial, was allowed into evidence at the civil case against O.J. Simpson. Apparently, a civil jury, with all the evidence before them, felt O.J. was liable for the wrongful death of his ex-wife in Brentwood.
Therefore, it is entirely possible that you or your family could win a civil judgment, even if the wrongdoer is found not guilty. After all, being “innocent” and “not guilty” are as different as apples from oranges.
Santa Monica Courts Recognized as Fair and Balanced by Ehline
Santa Monica Superior Court is famous for its terrific judges and fair play to all parties to any civil or criminal litigation. The Court has great juries who are well instructed by the Superior Court judges to follow the law.
The local jury pool is taken from a vast cross section of the Los Angeles County population. Sometimes the parties to a civil litigation will request a trial by judge. The client will usually waive this right to jury, if the case involves complex issues that a Santa Monica judge will more likely understand. Trial by judge also saves an enormous amount of judicial time and resources, such as using up valuable jurors.
Superior Court judges will most probably appreciate it when a party to a civil litigation waives its right to a jury and go with the judge trial. Obviously, trial by judge will also cut down on attorney time, which means less attorney costs, and attorney’s fees passed on to the injured victim.
The Constitution provides that in “a civil cause,” any waiver of the inviolate right to a jury determination must occur by the consent of the parties to the cause if provided by statute.
Of course, in most injury cases, the defendant has insurance. For example, the automobile case. Let’s say the victim is injured in a rear end car accident. This means the case will more than likely be filed in the city, if it doesn’t settle first.
California law requires that each vehicle driver have an insurance policy of no less that $15,000.00 per person, per occurrence, and maximum of $30,000.00 for all persons, per occurrence. What this means is, if the person (wrongdoer) who hit the injured victim only has the minimum amount of liability insurance, and the injured victim has $15,000.00 in medical bills, he is limited to $15,000.00 total recovery against the insurance policy of the defendant. This is known as the underinsured fact pattern.
The California Uninsured Motorist
The California uninsured motorist is a person who is driving around in violation of California law. The police will not be happy with someone driving around their city with no insurance. Presumably, this because uninsured motorists are a major cause of serious injury accidents. (See educational Berkeley Report.)
If an injured victim is hit in a car wreck by a wrongdoer with no insurance, the injured victim will have to sue the uninsured wrongdoer, with no insurance money to pay for any potential judgment. This can preempt the wrongdoer to file for bankruptcy protection. Since judgment creditors stand at the back of the line behind secured debts, the chances are slim that the injured victim will recover anything.
In truth, there are many people illegally in the country and driving without any insurance, or who can only afford minimum insurance protections. With the enormous tax burden the average citizen faces, this is no real wonder.
So there is no real way to protect yourself completely from an uninsured or underinsured motorist. But the smart consumer, no matter what his income, should not even go out on the road unless he purchases additional uninsured and underinsured insurance protection. That way, at least the consumer is covered with some protection.
Q: But What if I Need More Insurance Protection in Santa Monica?
What if an insured consumer is riding around and gets in a rear ender, and has the following injuries?: broken back, broken hip requiring hip replacement, neck injury requiring disc fusion surgery? That would be upwards of $1,000,000.00 in medical bills alone. How could a person be protected?
A: Purchase More Coverage Amounts
A smart consumer will purchase additional insurance protection. Believe it or not, purchasing more protection does not cost that much more and it is well worth it.
- Other Pitfalls of Not Having California Car Liability Insurance – The Prop. 213 Case
Under Proposition 213, an uninsured injured victim may not recover pain and suffering damages if he is injured by a wrongdoer in a crash. Pain and suffering damages are usually a major part of the damages recoverable to an injured victim.
Q: But How Are People Getting Their Cars Registered, if Insurance Is Required for Vehicle Registration?
The State of California Department of Motor Vehicles requires a vehicle owner or titleholder to purchase liability insurance before a car can be registered in the State of California. (Read More DMV Public Brochures.)
A: The Uninsured Motorists Purchase Insurance Coverage, and Stop Paying
In addition to document fraud, many people purchase insurance from a place like Survival Insurance for example. Great, now they take that proof to the DMV, for example, and get the car registered. Then, the wrongdoer will immediately go back to the insurance broker, cancel and get a refund. Or, they won’t stay current on insurance payments and the insurance coverage will lapse. Voila, no insurance, and a registered car.
Other Insurance Issues
There are other instances where an injury victim may be bitten by a dog, or injured outside the home, or slips and falls, etc., while not in a car. In these cases, there may be homeowner’s insurance protection, or med-pay coverage from a third party wrongdoer. But getting a good Santa Monica personal injury attorney is key to finding out how to proceed in your personal injury case.
Ehline Law Firm PC is dedicated to investigating your personal injury claim, and finding insurance coverages available to protect other from harm. The injured victim should strike while the iron is hot. While memories are fresh, investigation should begin. Defendants need to be tracked down and even skip traced. Ehline makes it happen. Do or die.
Rent Control Much to the chagrin of property owners, this city has long been known for oppressive rent control laws. These rent control laws are heavily supported by leftist/communist political organizations. What this means is, a property owner can be forced to subsidize a renter, because rent cannot be increased, even though the costs of maintenance and mortgage costs the property owner mega bucks.
The upside is that the renter can live in some of the greatest real estate there is on the planet, for cheaper than its fair market value. Due to the adversarial rent control laws created by politicians, there often arise many landlord tenant disputes. Many of the landlord tenant cases have to do with retaliatory eviction under Civil Code Section 1942.5.
Usually, a tenant will complain to the City, the landlord, or someone else like the press, about habitability problems, and the landlord, already overextended, cannot pay. Sometimes the landlord will get desperate and simply evict the tenant. The problem is that in some cases, there is a rebut-able presumption that the landlord evicted the tenant to retaliate for a tenants complaining about the premises.
Ehline represents tenants and landlords, in landlord tenant disputes. Sometimes a landlord tenant dispute will get out of hand, and the landlord, or tenant may get into a fist fight, or worst. There are known cases of knife attacks and shoot outs in landlord tenant disputes.
Ehline learned Elder Abuse Law from Mark B. Hankin, drafter of EADACPA. We will fight for you against increasingly hostile insurance companies and attorneys. We will go the extra mile and help you recover damages for your Personal Injuries.