Woods Williford Personal Injury AttorneysWoods Williford Personal Injury Attorneys2026-03-03T08:49:35Zhttps://www.wwinjurylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603727/2021/06/cropped-3572094_favicon-32x32.pngOn Behalf of Woods Williford, P.C.<![CDATA[Is Jaywalking Legal in California? Understanding the Freedom to Walk Act]]>https://www.wwinjurylaw.com/?p=484102025-03-06T17:36:45Z2025-03-06T17:12:07Z
Walking out of the office, you’ve reached the street between your building and the neighboring café in pursuit of a relaxing lunch break. There are no cars coming and instead of taking the long route in the opposite direction to the crosswalk, the thought comes across your mind to just jaywalk. But you hesitate, is it against the law?
As a personal injury law firm in Southern California with over 30 years of experience, we take it upon ourselves to inform and spread awareness of law changes in local areas that can directly affect the community's safety. A critical piece of legislation recently passed called the Freedom to Walk Act. With pedestrian safety being a growing concern, especially as busy office and home neighborhoods are seeing continued expansion from Los Angeles to San Diego, this law addresses a critical issue in the state's ongoing effort to protect pedestrians. The easy answer is no, it is no longer against the law to jaywalk in Southern California. What does that mean for personal injury cases, you may ask? Here is what you need to know about the Freedom to Walk Act and how it may affect personal injury claims in California.
What is the Freedom to Walk Act?
The Freedom to Walk Act (Senate Bill 539) took effect on January 1, 2023, but is still reaching the public. This act was approved to provide right-of-way access for pedestrians and prevent criminalizing those who cross the street outside designated crosswalks. Overall, police officers are not allowed to stop or ticket pedestrians for jaywalking in most cases, as long as they are not putting themselves or others in danger.
Key Provisions of the Freedom to Walk Act:
Decrease of Jaywalking Tickets
Pedestrian Safety is the Priority
Increased Focus on Infrastructure
How Does the Freedom to Walk Act Impact Pedestrian Safety?
While the Freedom to Walk Act provides greater freedom for pedestrians to cross the street more efficiently, it also highlights the importance of pedestrian safety in an era of busy streets and high traffic volumes. In California, pedestrian accidents are an unfortunate and all-too-common occurrence, particularly in urban and suburban areas around Irvine.
In Sec 6, there is still significant emphasis on caution from both the perspective of the driver and the pedestrians. Though jaywalkers can choose when to cross, the official act states, “No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.” Understanding that the fault could land on the pedestrian due to blatant unawareness or disruption caused when crossing is essential.
How Does This Affect Personal Injury Claims in California?
At Woods Williford Personal Injury Attorneys, we’ve handled cases involving pedestrians in accidents and with the passing of the Freedom to Walk Act, it is crucial to understand how the law might affect personal injury claims. Here are a few key points to consider:
Drivers must exercise caution and follow the law, regardless of where pedestrians cross. Even with more freedom to cross streets, drivers must still always yield to pedestrians, especially in areas with high foot traffic. If a pedestrian is hit by a car while crossing outside a crosswalk, the driver could still be at fault if they were not paying attention or failing to yield.
As the law shifts the balance of responsibility to pedestrians, there may be an increase in personal injury cases related to pedestrian accidents in non-traditional crossing areas. Pedestrians involved in accidents may also face difficulties determining liability, especially with the change in laws regarding jaywalking.
In addition, the law emphasizes the need for safer pedestrian infrastructure, and cities are now under more pressure to improve walking conditions. If poor city planning or inadequate infrastructure contributed to your accident, pursuing a claim against the municipality or city responsible may be possible.
What Should You Do If You Are Involved in a Pedestrian Accident?
Suppose you or someone you know has received an injury because of a pedestrian accident in California. In that case, consulting a personal injury attorney who understands the local laws and your rights would be the first course of action.
Ultimately, the Freedom to Walk Act is a progressive step towards improving pedestrian rights and safety in California. While it grants more freedom to pedestrians to cross the street more efficiently, it also places more responsibility on drivers to be vigilant and aware of pedestrians, regardless of where they are crossing.
If you have experienced a pedestrian accident or have questions about how the Freedom to Walk Act affects your injury claim, please get in touch with our team. We are here to help you navigate the complexities of California law and fight for the justice you deserve.]]>On Behalf of Woods Williford, P.C.<![CDATA[Can motorcyclists get compensation for a ‘dooring’ accident?]]>https://www.wwinjurylaw.com/?p=483232023-04-19T04:46:32Z2023-04-19T04:46:32ZLane splitting and the risk of door collisions
Under California Vehicle Code 21658.1, motorcyclists are legally allowed to engage in “lane splitting,” which is driving in between lanes of cars on roads and highways. This can be a huge time saver for bikers when traffic is crawling or at a standstill. Just as importantly, it prevents bikers from having to breathe in dangerous car exhaust while stuck in traffic. To date, California is the only state to explicitly legalize lane splitting.
For all its advantages, however, lane splitting can be dangerous because drivers sometimes open their doors into the path of an approaching motorcycle (while discarding something out of the vehicle, for instance). This is what’s known as a “dooring accident.” Depending on the speed of the rider, these crashes can lead to catastrophic injuries or death.
A law governing safe door usage
Who is at fault when these crashes occur? Many people would say it depends on the facts of each case. To some extent, that’s true. However, California also has law governing car door usage that is specifically meant to prevent such accidents. California Vehicle Code 22517 says that when a vehicle occupant wants to open their door toward moving traffic, they:
Must wait to ensure it is reasonably safe
Must not interfere with traffic movement
Must not leave a car door open any longer than absolutely necessary
While this law doesn’t preclude the possibility that a motorcyclist could be at fault in limited circumstances, it does make clear that drivers have a primary responsibility to prevent dooring accidents by being aware of their surroundings and only opening when it is safe to do so.
Let Us Help You Seek Fair Compensation For Your Injuries
If you’re a motorcyclist who was injured in a dooring accident caused by an inattentive driver, our attorneys at [nap_names id="FIRM-NAME-3"], are ready to protect your rights and help you seek compensation for medical bills, lost wages, pain and suffering and more. If you want to put decades of injury law experience on your side, contact us today to schedule a free initial consultation.]]>On Behalf of Woods Williford, P.C.<![CDATA[What steps should I take after being injured on dangerous property?]]>https://www.wwinjurylaw.com/?p=483222023-03-16T16:24:52Z2023-03-16T16:24:52ZCalifornia Civil Code §1714(a).
Act quickly to preserve evidence
Our firm regularly represents clients who have suffered serious or catastrophic injuries due to unsafe premises, including traumatic brain injuries, spinal cord injuries and more. Clients often ask us what they can do (or what they should have done) to strengthen their premises liability claim.
We’ve provided some tips below, based on the hypothetical scenario of a slip-and-fall accident in a grocery store. The accident was caused by a malfunctioning freezer that regularly leaked water onto a hard tile floor.
Tip 1: Report the accident to the manager of the store. They need to know that it happened so that they cannot claim ignorance later.
Tip 2: Get contact information from witnesses. If you were in a store, there were almost certainly people who witnessed the accident. Ask them for their names and contact information, if your injuries allow you to do so.
Tip 3: Get pictures of the scene to preserve details. By the time you file a claim, the store will have cleaned up the hazardous spill, and will likely have taken the long overdue step of correcting the problem that originally caused it. You need to show what conditions were like on the day.
Tip 4: Seek out immediate medical care and documentation. Perhaps you suffered a concussion or a serious back injury. You need to seek medical care for two reasons. First and foremost, you are injured and require medical attention. Second, you need documentation of your injuries (through medical records) in order to file a claim for compensation.
Tip 5: Contact a lawyer as soon as reasonably possible. Evidence such as security camera footage could be critical in a case like this. If the store tried to claim that it didn’t know about the water leak or that it hadn’t been there very long, security footage could directly contradict that claim. The sooner you contact a lawyer, the better chance you have of obtaining that video evidence (before store owners can “accidentally” lose it or record over it).
We can explore your legal options in a free consultation
At [nap_names id="FIRM-NAME-3"], our attorneys have decades of combined experience fighting for injury victims in California, including those injured on dangerous private property. We make it easy to learn about your rights and legal options by offering free initial consultations. Contact us today to find out how we can help you.]]>On Behalf of Woods Williford, P.C.<![CDATA[What are my legal options if I or my child was bitten by a dog?]]>https://www.wwinjurylaw.com/?p=483212023-02-16T16:28:54Z2023-02-16T16:28:54ZTwo types of dog bite laws
Although exact laws differ from state to state, there are generally two principles of dog bite liability. Many states recognize a principle called the “one-bite rule.” Under this principle, if a dog attacks or bites someone, the owner is only liable if they knew or should have known that their dog was dangerous based on previous attacks. This feels more than a little unfair, of course, if you are the first person that a given dog attacks.
Other states, including California, follow the principle of “strict liability” when it comes to dog bites. Under Cal. Civ. Code § 3342(a), dog owners are liable when their pet attacks someone simply because they own the dog. It doesn’t matter whether the animal has a history of aggression.
There are some exceptions to strict liability, including if the victim provoked the dog or if the victim was trespassing on the dog owner’s property when the attack occurred. Liability also does not apply when police dogs attack suspects during an arrest or while protecting police officers.
Who compensates victims, and for which types of damages?
When the dog owner is found liable, they are responsible for compensating the victim. However, in most cases, the money actually comes from insurance companies in the form of payouts from homeowners insurance and renters insurance claims. According to the Insurance Information Institute, California is often the state with the highest number of annual claims, with 2,026 claims in 2021 alone.
The value of a case depends on the nature and the extent of the injuries. If you or your child was bitten by a dog, you may be able to seek compensation for things like:
Medical bills
Lost wages from time spent unable to work
Pain and suffering (and psychological trauma)
Scarring and disfigurement
Permanent disability
Wrongful death (in extreme cases)
Insurance companies want to deny claims when they can, and to settle for as little as possible when they must. That’s why it is wise to consult an experienced personal injury attorney, who will understand how to maximize the value of your claim.
Put Decades Of Experience On Your Side
At [nap_names id="FIRM-NAME-3"], we represent clients in a wide variety of personal injury scenarios, including dog bite claims. When you contact our firm, you’ll benefit from our decades of legal experience as well as our belief that each case and client is important. You can expect open communication and exceptional service from attorneys who care about you and your injuries.
If you’d like to learn more, contact us today to schedule a free initial consultation.]]>On Behalf of Woods Williford, P.C.<![CDATA[How is compensation calculated for pain and suffering?]]>https://www.wwinjurylaw.com/?p=483182023-01-17T16:33:11Z2023-01-31T16:32:47ZThere is no required formula or single standard
Pain and suffering are considered non-economic damages. According to California Civil Jury Instructions (CACI) 3905A., there isn’t a required method to use when calculating non-economic damages. Instead, jurors are instructed to use their judgement and common sense to determine a reasonable amount of compensation.
There may be no mandated method, but there some commonly used formulas, two of which are discussed below.
Employing the ‘multiplier method’
As mentioned above, economic damages are fairly easy to calculate and are considered objective. Therefore, they can be used as a starting point to determine pain and suffering. When using the multiplier method, you would take the total amount of economic damages and multiply it by a number that is typically between one and five.
If the accident resulted in relatively mild injuries that were likely to fully heal, you might use a multiplier of one or two. If the injuries were severe and resulted in permanent disability or a lifetime of chronic pain, you would probably recommend a multiplier of four or five.
Personal injury attorneys will often use things like medical records, the opinions of medical professionals and testimony from victims and their loved ones to convey an accurate sense of pain and suffering.
Using the ‘per diem’ method
Per diem is a Latin phrase meaning “per day.” This is an alternate method for calculating pain and suffering. A dollar amount is determined for one day of your pain and suffering and then is multiplied by the number of days you experienced pain and suffering. The daily rate is often (but not always) determined by your average daily wages before becoming injured.
The attorney you hire makes a big difference
When suing for personal injury, your goal is likely to maximize your compensation. That is much easier to do when working with an experienced attorney who can prove that the other party was at fault and convincingly convey just how much you have lost and suffered as a result of your injuries.
Our attorneys at [nap_names id="FIRM-NAME-3"] have decades of experience in personal injury law and a strong track record of success both in and out of the courtroom. Contact us today to learn how we can help you during a free initial consultation.]]>On Behalf of Woods Williford, P.C.<![CDATA[How do drunk driving civil and criminal cases impact one another?]]>https://www.wwinjurylaw.com/?p=483202023-01-17T16:29:12Z2023-01-18T16:28:55ZCriminal and civil cases serve different purposes
Because of the danger it poses to all other travelers on the road, drunk driving is illegal under California Vehicle Code 23152(a). When someone breaks the law and drives drunk, criminal charges are primarily intended to punish the wrongdoer. They may be ordered to pay some restitution to victims that they have harmed while driving drunk, but this isn’t true in all cases. Even when they do pay court-ordered restitution, it may not be enough to adequately compensate the victim.
By contrast, personal injury lawsuits are primarily about seeking compensation for harms suffered. You can sue the at-fault driver for damages that include medical bills, lost wages, property damage, pain and suffering, loss of enjoyment of life, permanent disability, scarring and disfigurement and more.
In short, criminal and civil cases serve different purposes, both of which are important following a drunk driving crash.
The burden of proof and whether outcomes influence one another
You may be wondering whether you can still win a personal injury case against a drunk driver who wasn’t convicted of a crime. Thankfully, the answer is yes. Criminal and civil courts use two different standards or proof. To secure a conviction in criminal court, the prosecution must prove guilt “beyond a reasonable doubt,” which can be difficult to do in some cases.
By contrast, plaintiffs in a personal injury trial can prove the defendant’s liability by a “preponderance of the evidence.” That means it is more likely than not that the defendant was negligent. Even if the defendant got off on a technicality or evidentiary problem in criminal court, they could still be held liable in a civil case.
Additionally, it is even easier to win a civil case if the defendant is convicted, as a DUI conviction would provide sufficient proof of the defendant’s negligence.
Discuss your legal options with attorneys who listen and care
If you were seriously injured by a negligent drunk driver, our attorneys at [nap_names id="FIRM-NAME-3"], are here to help you seek accountability in civil court. We will take the time to hear your story and explain your options, then we will work tirelessly to obtain maximum compensation for you and your loved ones. Reach out today to schedule your free initial consultation.]]>On Behalf of Woods Williford, P.C.<![CDATA[How much time do I have to take legal action after a car accident?]]>https://www.wwinjurylaw.com/?p=483152022-12-29T20:17:44Z2023-01-04T20:15:28ZCalifornia’s statutes of limitation and why it is advantageous to seek legal representation as soon as reasonably possible.
Time limits can differ depending on the type of claim and the named defendant
The following are the three statutes of limitation to be aware of relevant to auto accidents. Keep in mind that these relate to pursuing litigation. Insurance companies might have differing deadlines for filing claims.
Statute of limitation in personal injury matters:2 years from date of injury
You typically must file a legal claim within two years of the date that the accident occurred (for personal injury) or two years from the date of death (for wrongful death claims). In the rare event that an injury is not discovered until after the statute of limitations has expired, the victim has one year from the date that they discovered the injury.
Statute of limitation on property damage claims:3 years from date of damage
If your vehicle or other property was damaged or destroyed by someone else, you have three years from the date that the damage/destruction occurred. If you are already pursuing a personal injury claim, however, you would likely include property damage in that claim as well.
Statute of limitation when the defendant is a government agency:6 months from the date of injury and/or property damage
This is one of the most important deadlines to be aware of because it is so short. When the defendant in the case is the government or a government agency, you must file a claim with that agency within six months (with some exceptions). The government will then have 45 days to either accept or deny your claim. If denied, you can file a lawsuit, but typically must do so withing the sixth months following claim denial.
It is in your best interests to seek legal help right away
You may have up to two years to sue for personal injury, but you should contact an attorney as soon as possible. Acting quickly will improve your chances of a successful outcome by ensuring that deadlines are met, witnesses are reachable and as much evidence as possible is preserved. Plus, once you get an attorney involved, they may be able to take over tasks that are currently consuming your time and energy, like communicating with insurers.
If you’ve been injured in a California car accident and don’t know where to turn, contact [nap_names id="FIRM-NAME-3"], to discuss your options in a free consultation. Our attorneys bring decades of legal experience to each case, and we will work tirelessly to help you claim the compensation you need and deserve.]]>On Behalf of Woods Williford, P.C.<![CDATA[What is the most common motorcycle accident scenario?]]>https://www.wwinjurylaw.com/?p=483102022-12-28T21:15:22Z2022-12-28T11:15:58ZWhat are left-turn crashes?
At many intersections and on undivided highways, drivers who need to turn left must wait for opposing traffic to clear. A left-turn crash occurs when a vehicle turns left directly into the path of an oncoming motorcyclist, leaving the biker with no time to slow down or steer out of the way. The result is a forced T-bone crash that is often fatal or highly injurious to the rider.
Drivers are supposed to use their best judgment about when it is safe to turn. Unfortunately, when motorcyclists are the oncoming traffic, many drivers exercise poor judgment or fail to notice riders altogether. When drivers do see motorcyclists coming, they are likely to misjudge the rider’s speed and proximity.
Accident statistics are sobering
Left-turn accidents are among the most common and consequential motorcycle crash scenarios. Recent accident data from the National Highway Traffic Safety Administration is illustrative of the problem. According to the data, there were 2,741 fatal crashes in 2020 involving a motorcyclist and the driver of a larger vehicle. Of these, 42 percent were left-turn accidents in which the other drivers were turning left.
As a more general matter, motorcyclist injuries and deaths are disproportionately high compared to the percentage of riders on the road (only 3 percent of registered vehicles are motorcycles). Additional data cited by the CDC reveals that more than 5,500 riders were killed in 2020, and another 180,000 were injured severely enough to require emergency room care.
You have a legal advocate after a motorcycle accident
If you’ve been seriously injured in a motorcycle accident caused by a negligent driver, it is important to understand and exercise your legal options. Working with an experienced attorney like those at (NAP Name) can help you claim the compensation you need and deserve.
You can take advantage of a free initial consultation by contacting our office today.]]>On Behalf of Woods Williford, P.C.<![CDATA[Can I sue a bar for injuries caused by a drunk driver?]]>https://www.wwinjurylaw.com/?p=483032022-11-21T20:10:03Z2022-11-28T20:09:53ZWhen can bars and alcohol vendors be sued for DUI accidents?
California’s dram shop laws (or at least the courts’ interpretation of them) used to be very friendly to plaintiffs and not so friendly to “dram shops” that overserved patrons. In 2012, however, the state legislature enacted changes to largely shield alcohol sellers from liability.
When passing California Civil Code 1714, lawmakers wanted to make it clear that consumption of alcoholic beverages is the “proximate cause” of a drunk driving accident, not the serving of alcohol.
That being said, businesses can be held liable in one scenario, as outlined in California Business and Professions Code section 25602.1. Under this code, licensed alcohol vendors can be sued for serving or otherwise providing alcohol to an “obviously intoxicated minor.” In this case, minor refers to anyone below the legal drinking age of 21 years old.
What about social hosts who overserve guests?
California Civil Code 1714 shields people who serve alcohol to guests in their own home from liability but includes an exception for guests under age 21. If a person intentionally provides alcohol to someone that they know (or should know) to be under 21 years of age, they can be sued for injuries caused by the person whom they served. In fact, they can even be sued by the person they served for injuries that resulted from the consumption of alcohol.
After a drunk driving accident, discuss your legal options with an experienced attorney
Drunk driving accidents are, sadly, very common in California. If you were injured by a dangerous drunk driver, please contact [nap_names id="FIRM-NAME-3"], to take advantage of a free initial consultation. Our attorneys have decades of experience in personal injury law, and we can help you explore your all of your legal options for seeking compensation and accountability.]]>by cwilliford<![CDATA[Can an off-duty police officer receive workers compensation?]]>https://www.wwinjurylaw.com/?p=482962022-10-03T19:13:33Z2022-09-16T22:53:25ZCalifornia Labor Code section 3600.2 states that if an off-duty police officer gets injured while trying to apprehend law violators, protect life or property, or preserve the peace, they should be given all of the same benefits as if they were on duty. This does not apply if they were working for someone else and being paid (like a private security company). It also doesn't apply if the police officer is doing things that are expressly prohibited by his department (like moonlighting as Batman).
Can a police officer also receive compensation from someone who is at fault for an accident?
Yes. Police officers, whether on duty or off duty can also recover money from the at-fault party for injuries. This most often happens when a police officer is involved in a car accident. The insurance company for at-fault person will be responsible to pay for the damages to body and car.
A seasoned personal injury attorney can sort through the recovery options and help maximize recovery against the person who caused the accident.]]>
A seasoned personal injury attorney can sort through the recovery options and help maximize recovery against the person who caused the accident.]]>