What should I do if I’m involved in an accident in an Uber vehicle in Los Angeles?

I’m sorry to hear that you were in an accident in an Uber in Los Angeles. The use of rideshare companies like Uber and Lyft has exploded in Los Angeles in recent years. Rideshare companies are generally cheaper and more convenient to use than traditional taxis. However, there are risks involved anytime a rideshare is used.

Normally, Uber drivers have only limited insurance coverage, which may or may not cover your accident. Many drivers do not have commercial policies. Drivers for Uber are hired only as independent contractors, not employees, which means Uber as a company is not responsible for their actions. Uber does have a general insurance policy that covers accidents, but it may not be enough to properly compensate you for your injuries.

Also, Uber drivers are typically distracted and rushed. Drivers are using an app while they are driving, which means they are normally driving while they are distracted. This can result in accidents. Drivers are also normally rushing to get passengers to their destinations in order to maximize the amount of money they make.

If you have been injured as a passenger in an Uber, you should speak with an attorney. Determining liability for damages can be much more complicated than in a standard car accident. You may be able to get compensation from the driver’s policy, but you may need to obtain coverage through Uber. Call me, Conal Doyle, Los Angeles Uber accident attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

What legal rights do residents of nursing homes in Los Angeles have?

Nursing home residents are protected by both federal law and state law. Unfortunately, this does not stop many nursing homes from mistreating their patients. If that occurs to a loved one of yours, you should speak to an attorney.

Nursing home residents have the right by law to have visitors during reasonable hours. They also have the right to control their medical treatment and their care, which includes learning about costs and treatment options. They can complain to their facility about poor care, or to local or state authorities. They have the right to privacy. They have the right to have personal clothing and belongings that are not interfered with. They have the right to see a doctor. Federal law provides them with a lot of rights regarding their medical records, including the right to privacy as well as to see their medical records and retain copies.

Unfortunately, many residents of nursing homes do not receive high quality care. Residents of many nursing homes are subjected to neglect or even abuse, including physical abuse, emotional abuse, and sexual abuse. About one in ten nursing homes in the U.S. have been cited for violations that pose the risk of death or serious injury.

Residents who are most at risk of abuse or neglect include those with communication issues or mental issues and those who are suffering from Alzheimer’s or dementia. If your loved one is displaying signs of poor treatment in a nursing home, including unexplained injuries or bedsores, you should speak with an attorney. Call me, Conal Doyle, Los Angeles nursing home abuse attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation.

My child suffered a brain injury. Can I sue for the injuries on behalf of my child in Los Angeles?

Brain injuries are the leading cause of death and disability in children. Brain injuries are serious in any individual, but children are more susceptible to brain injuries than adults. Every year, almost half a million children are treated in emergency rooms for brain injuries.

Any time a child has an injury to the head, there is a possibility of trauma to the brain. In some cases, the injury is immediately apparent, while in other situations symptoms may not arise for hours, days, or longer. Some common symptoms of brain injuries include headaches, nausea, sensitivity to noise or light, dizziness, fatigue, and loss of consciousness. If there is a suspicion of a brain injury, the child should receive medical attention immediately.

A child can receive a brain injury from any blow to the head. However, there are some common causes of brain injuries in children. The biggest two causes are car accidents and falls. A small percentage of brain injuries are caused by abuse.

If brain trauma is suspected in a child, the hospital or doctor’s office may order brain scans or other tests. Depending on the type of injury, the child may simply need rest, or for an extensive injury, may need surgery.

If your child has been affected by a brain injury, and the injury was caused by someone’s negligence or wrongdoing, you should speak with an attorney. There may be legal options available to help protect your child’s immediate and long-term needs. If you are in Los Angeles, call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.

I suffered a compression fracture in an accident. Can I sue for my injuries in Los Angeles?

I’m so sorry to hear about the compression fracture. Compression fractures occur when the bones in the lower spine break because of trauma. They are sometimes called vertebral compression fractures. They are most common in elderly people and individuals with cancer. Another common cause is trauma, such as from automobile accidents or falls.

If spinal bones have been fractured, there are several symptoms that could develop, depending on the severity of the break. There could be pain in the lower back, numbness or weakness in the back or the legs, urination issues, or even paralysis. Typically, after a serious accident, a doctor will do an x-ray of the spine to determine if a fracture has occurred. If there is a fracture, a doctor may do an CT scan or an MRI to get more details of the fracture and the soft tissue around the spine.

As mentioned above, degenerative diseases can cause compression fractures. However, healthy individuals can have these types of fractures as well from trauma to the spinal bones. The most common causes of these types of fractures are car accidents and falls. If a person is suffering from a compression fracture, there are a couple of types of treatment. The fracture may be able to heal on its own with rest, medication, and physical therapy. If the fracture is unstable or has caused other injuries, surgery or other treatments may be required, including surgical fusion, surgical decompression, and vertebroplasty.

If you have suffered a spinal compression fracture in an accident, you should speak with an attorney. Call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

I signed a consent form before a medical procedure. Does that mean I can’t sue if the procedure went badly in Los Angeles?

It is very common for medical professionals to obtain consent before performing medical procedures. Patients have the right to make informed decisions about the kind of care they receive. Medical professionals should inform the patients about certain issues so that patients can make those decisions. Normally, doctors should explain the procedure being performed, the types of risks involved, any potential benefits to the procedure, and any alternatives that exist.

In some cases, medical professionals do not need to inform patients prior to giving treatment. If a doctor is not providing detailed care, consent is not needed. For example, if a doctor is simply taking your weight or your vital signs, that is not considered treatment and consent is not needed. Also, if there is a medical emergency and a doctor cannot obtain consent, the doctor does not have to obtain consent and will not be liable for rendering treatment. Finally, if the patient is incapacitated or is a child, the doctor does not have to seek consent from the patient, but probably needs consent from the person’s guardian or parents.

If consent is obtained before a medical procedure, that does not mean that if the procedure goes poorly that the patient cannot sue for medical malpractice. Medical malpractice lawsuits are based on the negligence of doctors, nurses, or other medical professionals. If a medical professional does not adhere to a standard level of care when performing a procedure, that individual can be held liable for medical malpractice.

If you believe that a medical professional has committed medical malpractice, you should speak with an attorney. Call me, Conal Doyle, Los Angeles medical malpractice attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

Are employers or coworkers allowed to harass me in Los Angeles because I am transgender?

I’m sorry to hear that you are being harassed at work because you are transgender. Anyone who is sexually harassed at work has a cause of action against the employer. Sadly, surveys show that a high percentage of transgender individuals are harassed and/or mistreated on the job.

Under both state and federal law, it is illegal to sexually harass anyone at work for any reason. Harassment could include comments of a sexual nature or offensive remarks about a person’s sex or gender. The harassment has to be so frequent or severe that it creates a hostile or offensive workplace environment. The harasser may be a supervisor, coworker, or even a customer.

When a transgender individual is transitioning to a new gender, comments about the transition may be normal. Offhand comments about the physical changes or friendly banter are not illegal. The comments become illegal, however, if they are serious or pervasive enough to make the workplace hostile. These cases are very fact-dependent – whether or not your workplace could be considered a hostile work environment will depend on the facts of each situation.

If you are a transgender individual and you believe that you are being illegally harassed at work, you should speak with an attorney. Call me, Conal Doyle, employment attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

College Student Murdered after Uber Mix-Up

Tragically, a female student from the University of South Carolina was killed after she accidentally got into a vehicle, believing it was her Uber ride. The woman, who was a 21-year-old from New Jersey, climbed into a black four-door Chevy Impala after a night out with friends. She believed that the vehicle was her Uber ride. Later, turkey hunters found her body in a wooded area with multiple sharp force injuries. A 24-year-old man was charged with her alleged kidnapping and murder.

The woman’s death has already prompted some South Carolina lawmakers to take action to protect rideshare riders. Two state representatives introduced a bill requiring rideshare drivers to display illuminated, company-provided signs. The president of the University of South Carolina has asked members to pledge that going forward they would ensure that their rideshare vehicle and driver details match with the app’s information. Others are asking that Uber and Lyft introduce new safety measures.

An Uber spokeswoman says that the company has been working with law enforcement officials since 2017 to help educate the public about how to avoid fake rideshare drivers. The company also plans to launch a campaign aimed at the public about checking their driver’s details.

This tragic death is not the only criminal action taken involving fake rideshare drivers. In March, an Alabama man was charged with kidnapping after he was found with an unconscious college student in the back of his car. He had posed as an Uber driver. Many other Uber and Lyft drivers have been charged with sexual assaults and other crimes against riders. Experts say that many passengers make the mistake of treating the pickup process very casually and getting into the wrong car by accident.

Although Uber and Lyft can be safe alternatives to driving while intoxicated, they can be dangerous, particularly since many of their riders are intoxicated and may have their guards down. In addition, Uber and Lyft have a reputation for doing minimal background checks on their drivers.

If you have been harmed by a driver for Uber or Lyft, you should speak with an attorney. If you’re in Los Angeles, call me, Conal Doyle, Los Angeles personal injury attorney. I can help. Call today to learn more or to schedule a free consultation on your case.

Woman Sues Uber for $10 Million after Sexual Assault by Driver

A Washington, D.C. woman is suing Uber for negligence, among other claims, after she says she was sexually assaulted by one of the company’s drivers. The woman says that Uber alleges that it is a safe mode of transportation for women, especially women who have been drinking, when instead the company puts its female customers in danger.

According to the lawsuit, the woman was sexually assaulted by an Uber driver in April 2018. She told a social worker, who contacted the police. The police were able to collect DNA evidence linking the man to the assault. He pleaded guilty and is currently in jail.

Unfortunately, this lawsuit is far from unusual. CNN reported last year that over a period of four years at least 103 Uber drivers had been accused of sexually assaulting their passengers. A number of those women have sued Uber, claiming that the company should be held liable for the actions of their drivers. In some of the cases, Uber had information about the drivers’ backgrounds that it ignored when hiring them. Typically, Uber settles sexual assault cases quietly rather than letting them go to trial.

Critics of Uber point out that Uber markets itself to women who have been drinking as a safe alternative to drinking and driving. However, women who use Uber while intoxicated are at a higher risk of being sexually assaulted than others. Uber vows to take steps to make its service safer to users.

Sadly, assaults by rideshare drivers are becoming more prevalent. If you have been harmed by a rideshare driver, you should speak with an attorney. You may have legal options you have not considered. If you are in Los Angeles, call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.

I am breastfeeding and I was told I could not take breaks at work to pump. What are my legal rights in Los Angeles?

I’m sorry to hear about your situation. Being a new mom and going back to work can be stressful, but it can be made worse by an uncooperative employer. It’s important that you familiarize yourself with your legal rights and if you believe they are being violated, that you speak with an employment attorney.

Since 2010, a federal law called Break Time for Nursing Mothers has given breastfeeding women the right to take breaks at work to pump. The law amended the Fair Labor Standards Act to require employers to provide basic accommodations to breastfeeding mothers at work. Under the law, employers must provide a reasonable break time to express milk for one year after the child’s birth. The employer must also provide a place (other than a bathroom) which is shielded from view and free from intrusion from coworkers and the public.

However, employers do not have to pay employees for any breaks they take to express milk. If an employee already received paid breaks, the employee could use those breaks to express milk, and must be compensated in the same way as other employees who are taking breaks. Some employers choose to allow women to have a more flexible schedule and make up extra time by coming to work earlier, staying later, or taking a shorter lunch break.

If you are a breastfeeding mom and your employer is not allowing you to take breaks to express milk, you should speak with an attorney. Not all employers are covered by the law, but you may have other legal options. If you are in Los Angeles, call me, Conal Doyle, Los Angeles employment attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

I was hurt in an accident in a road construction zone in Los Angeles. Can I sue for my injuries?

Road construction in Los Angeles seems to be constantly ongoing. The heavy traffic and climate mean that ongoing roadwork is necessary to keep the roads safe. It can be very easy to get used to seeing cones and construction barriers on the side of the roads. However, drivers must be aware that despite how many construction zones there may be, accidents in road construction zones pose a danger to both road construction crews and motorists.

There are a couple of common factors involved in traffic accidents that occur in road construction areas. The first is speeding. Drivers often fail to follow reduced speed limits. This can be very dangerous in a congested work area. The second primary factor in traffic accidents in road construction zones is driver inattention. Drivers may be using their phones, using the radio, or talking to passengers, and may simply fail to notice the construction zone or workers. Tragically, it’s estimated that about 20,000 workers are injured each year on road construction sites, and some of those are killed.

Safety experts recommend that drivers in construction zones be attentive to the area and be prepared to slow down. It’s important not to become oblivious to the work is it is long-term, because work zones can change daily. Drivers should merge early and stay away from the side of the road where workers and equipment are located, if possible. At night, extreme caution should be used, even if workers do not appear to be present.

If you have been harmed in a construction zone as either a worker or a motorist, help may be available. If you’re in Los Angeles, call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.