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Pomona Personal Injury Blog

Landowners must respect others' rights, even when trespassing

Trespassing may be illegal, but that breach of the law does not absolve a property owner from all responsibility. In certain situations, the owner could be held responsible for injuries that the person suffers, even if he or she was never supposed to be there in the first place.

The duty owed by the landowner is not to wantonly and intentionally cause an injury. This could mean warning the person about dangers that aren't clear and obvious.

Do higher speed limits make roads more dangerous?

Some argue that speed limits should be higher, that low limits are only set so low to generate more ticket revenue. Is this true, or do roads actually get more dangerous when speed limits go up?

To find out, a study looked at speed limit changes and accidents involving incapacitating injuries and death. Both were more likely, per the study, at higher speeds.

Reckless driving examples

Reckless driving can take many forms, and odds are that you'll know it when you see it -- especially if it leads to an accident. It means that the driver isn't just making mistakes or casually violating basic traffic laws. He or she is negligent driving in a clearly unsafe manner, far beyond the norm, and that dangerous behavior is often clear -- and sometimes shocking -- to see in person.

For instance, a person could face reckless driving charges for passing while going up a hill. There will be a double line indicating that it's a no-passing zone. The driver has absolutely no visibility and has no idea if the other lane is open or if there's another car about to crest that hill. Trying to pass puts everyone in danger.

Deadly ATV accidents don't usually happen on the trails

All terrain vehicles (ATVs) are designed for the trails, made for afternoons exploring the back country and riding through the woods. However, the Consumer Protection Safety Commission (CPSC) studied the accident statistics and came to a rather startling conclusion.

When looking at fatal accidents, more of them happen on public roads than on trails or in other off-road settings.

Distance perception causes motorcycle accidents

While riding your motorcycle, you've probably been cut off numerous times. Maybe it hasn't caused an accident yet and you're just curious about why it keeps happening. Maybe it put you in the hospital.

Either way, you have questions. Did the driver of the other vehicle pull out in front of you recklessly? Did he or she really not see your motorcycle, even though it was the middle of the day? How could this happen?

Which dogs are most likely to bite?

Many households have a canine who would not harm a fly. However, even peaceful dogs can bite if they feel threatened or are under stress. Luckily, most of these bites are not serious. A report from the National Canine Research Council found that approximately 81 percent of dog bites are slight enough to where they do not require medical treatment. 

While no one wants to think the family dog is capable of hurting anyone, it is important to be aware if your dog is more likely to bite someone than another breed. Additionally, you want to be mindful if you find yourself around a certain breed, especially if it is a stray. 

People take risks because they don't see other drivers as people

Have you ever wondered why people take such tremendous risks behind the wheel?

For instance, maybe you were about to pull out into an intersection when you noticed that a car coming toward the red light was speeding up, not slowing down. You slammed on your brakes as that driver intentionally ran the red light.

The costs of ATV accident injuries are astounding

All-terrain vehicles (ATVs) can be fun, but they come with a very high level of risk. The costs of care after an accident are astounding.

One study claimed that just a half a dozen people who were disabled in these crashes would likely need around $11.5 million. That money was just for long-term care, and the study did project that each person would live to the age of 65.

What are comparative negligence laws?

In regards to car accidents, California has comparative negligence laws. It's important for drivers and passengers to understand how these work and how they can divide fault up between multiple parties.

Essentially, these laws can assign a percentage of blame to a specific person, and this blame can be divided between numerous people who were involved to one degree or another. This is vastly different than simply picking one party who was completely responsible. It even means that passengers, in rare situations, could be held responsible for causing accidents, despite not being behind the wheel.

Does a landlord have to make repairs if they're not in the lease?

You have significant issues with your rental apartment, to the point that you think it's dangerous to live there. You're worried that you're going to be seriously injured.

For example, perhaps there are exposed wires and outlets that don't look up to code. It's a serious fire hazard. You've also found that none of the fire alarms work; they don't even have batteries in them. You've asked your landlord to come in and make repairs and updates so that it's safe.

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