*** We have Spanish speaking Attorneys***

Ventura Personal Injury Attorney

805-644-7111

Ventura Personal Injury Attorney Daniel A. Higson

HATHAWAY LAW FIRM

5450 Telegraph Rd,
Ventura, CA 93003

 

805-644-7111

Ventura Bicycle Accident Attorney

Ventura Bicycle Accident Attorney Daniel A. Higson

Bicycling is great exercise and great for the environment, and with California’s wonderful weather, it’s no wonder that cycling has become so popular. California law states that bicyclists have the same rights on the road as any other vehicle, but that doesn’t stop accidents involving bikes from occurring frequently. Bikes are smaller, harder to see, and offer much less protection to the rider than most other vehicles. As a result, a cyclist who is involved in an accident has a much higher chance of injury or death. If you or a loved one has experienced a bicycle accident and needs a personal injury attorney, look no further than Dan Higson. He can help you get the monetary compensation you deserve.

Common Bicycle Accident Situations

Collisions between automobiles and bicycles can occur in many ways. Here are some of the most common scenarios that occur between these two vehicles:

Left-hand Turn – California law states that all drivers who are turning left should yield to oncoming traffic, including bicycles. Unfortunately, sometimes the driver doesn’t see the bike and takes the turn into a collision.

Door Opening – In California, people are required to check and make sure that the way is clear before opening a vehicle door when parked on the side of the road. Often, this law is ignored and a door is opened without proper observation, which can cause a collision with cyclists.

Reversing – California law states that drivers must exercise caution when backing into the street from a driveway or side street. When a motorist suddenly backs into traffic without properly checking around them, they can easily run into an oncoming cyclist.

Merging – Due to blind spots or a lack of observation, drivers can easily cause accidents when merging or changing lanes. Since bicycles are harder to see than most other vehicles, they are often the victim of a collision.

Improper Distance – Although bicyclists are supposed to be given the same respect as any other vehicle on the road, many motorists fail to give them enough space. Many accidents are caused by unobservant or impatient drivers who try to pass too close to cyclists.

Intersections – Intersections are a common location for all sorts of motor accidents. That’s especially true for bikes. If a driver is not paying attention to all directions, rolls through a stop, or is otherwise unobservant, they can easily cause a collision with a cyclist.

Unsafe Road Conditions – Bicyclists are especially susceptible to accidents due to improperly maintained roadways. Debris in the road, potholes, and other poor conditions can all cause accidents. If the road is privately owned, the owner is responsible for keeping it maintained and safe. If it is a public road, the government is responsible. In either case, the owner may be liable for damages.

Bicycle Accident Injuries

Since bikes offer no real protection to the rider, accidents can cause severe injuries, including:

  • Concussion or other head injury
  • Broken or fractured bones
  • Spinal injuries
  • Organ injuries
  • Internal bleeding
  • Contusions and abrasions (aka “road rash”)
  • Death

If a bicycle accident occurs, causes injury, and was the fault of another party, the victim should seek the help of an attorney to get proper compensation for medical costs.

What to Do When in a Bicycle Accident

  1. Seek medical attention, even for minor injuries.
  2. Cooperate with the police and make a statement.
  3. Get contact information from witnesses.
  4. Take photographs if you can do so safely.
  5. Do not sign medical authorizations or release of claim paperwork.
  6. Contact an attorney.

When in an accident, it’s important to consider that the insurance companies and the people whose negligence caused the accident might not have your best interest in mind. Seek medical attention first, but then also seek legal help. A good Ventura Bicycle Accident Attorney, such as Dan Higson, can guide you through the tricky paperwork and make sure that you get the most from your personal injury claim.

Ventura Slip and Fall Attorney

Personal Injury Attorney – Slip and Fall Claims

Ventura Slip and Fall Attorney

People trip and stumble all the time, but when injury or death occurs as a result of negligence on the part of the property owner, a slip and fall personal injury claim can be filed. Such an accident can occur anywhere: at a supermarket, a restaurant, or even a private residence. Ventura Slip and Fall Attorney Dan Higson is here to help.

If any negligence was involved to cause a slip and fall accident, the victim can be entitled to compensation for his or her medical costs, pain, and loss of work. By finding a personal injury attorney, you will increase your ability to get the most compensation possible and have an expert on-hand for the technical aspects of the lawsuit. If such an accident happens to you or a loved one, contact Ventura Slip and Fall Attorney Dan Higson to find out what can be done for your situation.

Slip and Fall Injuries

A slip and fall accident can range from minor scrapes to permanent, life-altering injuries. It is also not uncommon for a slip and fall accident to lead to the death of the victim. Neck and back injuries, knee and hip injuries, and broken bones can affect a person for a long time. Sometimes an injury won’t show up for a while after the accident, so it is important to see a doctor quickly even if you feel fine. It is important to get any damage recorded by a medical professional as evidence for any future use in a lawsuit.

The damages that can be claimed in a slip and fall case include:

  • Long-term and short-term medical care
  • Pain and suffering
  • Therapy and assistance
  • Lost wages
  • Ongoing support in the case of catastrophic injury

 

Major Causes of Slip and Fall Accidents

Slip and fall accidents are caused by many factors. If the location where the accident occurred contains some type of hazard that could have been avoided, a strong case can be made for compensation. These hazards often come from poorly designed structures such as defective flooring or improper lighting. They can also arise from badly maintained areas that contain obstacles such as slippery surfaces or objects impeding a walkway. The most common locations for slip and fall injuries include:

  • Busy areas
  • Cluttered walkways
  • Doorways
  • Ladders
  • Ramps or stairs
  • Uneven or unstable walkways
  • Wet floors

 

Who is Responsible?

Many issues can cause a slip and fall injury, and they can be caused by several different people. Property owners must take responsibility for maintaining and managing the location and provide an area that is safe for visitors. They should inspect the area regularly and fix any hazards that arise in a timely fashion. In the case of a sidewalk or other public area, the owner must contact the government agency in charge of taking care of the problem. Since the property owner should know about his or her property and any problems within it, it is generally accepted that the owner is at least partly responsible for an accident, even if an employee was more directly accountable.

Several other people can be at fault for a slip and fall accident other than the property owner. Managers and renters are commonly at fault. Other employees can also cause a problem or fail to fix one, such as janitors or gardeners. On the other hand, a larger company might be at fault, such as a franchise operator or school district.

There are two main defenses against slip and fall claims for the people who are being blamed. The first is if the hazard arose quickly, not giving the owner enough time to discover and fix it. The other is if the injured person could have easily avoided the accident and is proven to be at fault.

Seek Legal Help

If you, a family member, or friend have been the victim of a slip and fall accident and believe that negligence was a factor, it’s important to seek legal help. Personal injury cases are complex, and a specialized attorney can help you get the most out of your slip and fall claim. If you have any further questions about slip and fall cases, contact Dan Higson today!

Wrongful Death

Personal Injury Attorney Ventura

Wrongful Death Attorney

Recovering from the death of a family member is one of the most difficult challenges in life. Overwhelmed with grief and the weight of new responsibilities, figuring out what to do next can seem impossible. You can count on Dan Higson to guide you through every step of the process of a wrongful death claim. He can help you get the compensation you and your family deserve.

What is Wrongful Death?

A wrongful death claim arises when a person dies as a result of the negligence or fault of another person. This includes many situations, such as vehicle accidents, defective products, workplace accidents, and medical malpractice, among others. In such a case, the deceased’s beneficiaries may be entitled to monetary compensation for damages.

What are Included in Damages?

Determining the amount of compensation due in a wrongful death case is complicated. The loss of a loved one has lasting effects that cannot be easily assigned monetary values. Whether the person was a spouse, parent, child, or other relation, these losses may be felt by those left behind for the rest of their lives. In California, there are three major kinds of damages in a wrongful death claim:

  • The loss of love, care, comfort, affection, companionship, guidance, and other emotional benefits offered by the deceased.
  • The loss of household support, including home care and cleaning, food preparation, and running errands.
  • The loss of overall financial support provided by the deceased.

These types of loss combine together in different ways depending on the relationship between the deceased and each remaining relative filing the claim.

Who Can File a Claim?

In California, only one wrongful death lawsuit can be created for a person’s death, but several people can join together in the same lawsuit. There is an order assigned to the relatives of the deceased that determines who can file the claim. The first tier of relatives includes the spouse, children, and grandchildren. If there are no surviving members of this tier of the family, then the next in line who can file a claim include parents, siblings, nieces and nephews, and grandparents. If none of these relatives remain, other family members may file, such as stepchildren or a putative spouse.

Should I Contact a Wrongful Death Attorney?

Wrongful death claims can be confusing and involved, and they come at a time of great stress and sorrow. A good personal injury lawyer, such as Dan Higson, will help you through this tough time and make sure that you get the compensation you deserve. If you have any questions about a wrongful death claim, contact Dan Higson today.

Call Ventura Attorney Daniel A. Higson at 805-644-7111

Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC is a debt relief agency pursuant to 11 U.S.C. 528(a)(4) and assists individuals, families, and businesses file for bankruptcy relief under the Bankruptcy Code.  This website is a communication under California Rule of Professional Conduct 1-400.  No legal relationship is created by the use of this website and no legal advice is provided.  No guarantee or warranty is provided that your case or matter will achieve any particular result and testimonials and endorsements provided on this site do not constitute a guarantee, warranty, or prediction about your matter or case. This communication is made on behalf of Hathaway Perrett Webster Powers Chrisman & Gutierrez, APC and DANIEL A. HIGSON, State Bar No. 71212 is responsible for its contents.  All information contained on this website may be factually substantiated by a credible source, including data from the United States Public Access to Court Electronic Records (PACER) system.  Detailed data and information is available on request.