PERSONAL INJURY BLOG

Texting and Driving Car Accidents Fatal for L.A. Pedestrians

Wednesday, March 04, 2020

Los Angeles commuters know first-hand how treacherous driving the streets can be. Add texting into the mix, and the results sometimes prove fatal, especially for pedestrians.

Who Can Be Effected?

According to the L.A. Times, walkers and bicyclists made up over 60% of traffic collision fatalities in 2019. This is true despite Mayor Garcetti's 2015 Vision Zero initiative to drastically reduce this number. While traffic deaths have risen overall since Vision Zero began, authorities point to distracted driving as the culprit.

Walking or bicycling in L.A. requires constant vigilance. Rarely is anyone walking or bicycling through city streets unaware of their surroundings. Instead, it's the relative comfort of car commuting combined with cell phone use that lulls many drivers into looking away from the road.

Distracted Drivers

One glance away is all it takes to cause a severe accident. While it is ultimately the driver's responsibility to pay attention, there are definite measures the city can take to shape car culture to make the streets more pedestrian-friendly. This was Vision Zero's aim: to decrease traffic fatalities via initiatives like crosswalk upgrades.  However, these measures are not enough. According to many residents and activists, the city needs to invest in infrastructures such as more dedicated bicycle and pedestrian lanes to avert more tragedies.

Conclusion

While pedestrian fatalities continue to rise, the number of passenger and driver deaths continue to decline. The unfortunate reality of being a pedestrian in a large, car-centric city like Los Angeles is the risk of being struck by a moving vehicle. An accident like this can permanently change your life.

If you believe that a distracted driver was the cause of an accident that has injured you or a loved one, contact our office to discuss your case with one of our attorneys. Whether you were a driver, passenger, or pedestrian, we have a proven track record of advocating for people just like you. 

Distracted Driving a Continuous Danger for Los Angeles Residents

Monday, February 17, 2020

Almost everyone in Los Angeles has either personally experienced or knows someone who has had a near car accident. These dangerous interactions with distracted drivers have become such an alarming commonality that they are seen as a norm of LA life. While experts attempt to solve this issue that the city deals with daily, no substantial improvements have arisen. For many people who are affected by car accidents, hiring an attorney can be the best option to represent oneself.

The Statistics

The Los Angeles Times reports that 244 people were killed by traffic collisions on city streets in 2019. Over half of the victims were walking. This is even after the Transportation Department made nearly 1,600 changes to improve street safety that same year. The Times reports that while pedestrians are involved in only 8% of LA traffic accidents, they represent 44% of casualties. We understand that distracted driving has now outnumbered drunk driving in the total number of accidents in Los Angeles, and not because drunk driving decreased.

A Dangerous Reality

Car culture in Los Angeles has proven to be very dangerous for bikers, walking pedestrians, and even other drivers. Distracted driving has run rampant through the city and has not decreased since the advent of Vision Zero, a citywide effort to make city streets safer. The specific causes for the sudden uptick in car accidents is hard to ascertain, besides possibly a change in attitude towards using a phone while behind the wheel.

The cause of the rise of car accidents is an obvious concern. What can be much more personal is figuring out the best possible solution in the event of you or a loved one being affected by distracted drivers.

Injured By a Distracted Driver?

If you have been hit in a car accident, consider talking to a personal injury attorney to gain the resolution you deserve. Contact us today to discuss what options you have after your accident.

Wrongful Death: Why You Need a Lawyer

Wednesday, February 05, 2020

"For me, being a lawyer means to help those in need." - Joe Jamail

Wrongful death attorneys are lawyers that specialize in cases where someone has been declared deceased due to negligence. Whether it's medical malpractice or a motorcycle accident, a licensed attorney can help you win the case.

There is a variety of subjects that wrongful death attorneys cover, and they can help you with your case.

Why Do I Need a Medical Attorney

Oftentimes, when you are processing the death of a loved one, you are overwhelmed with suffering or pain. The tasks that need to be done can just add on to the stress and make you feel like giving up. There is endless paperwork to be filled out, insurance companies calling you, and information to be collected from multiple healthcare agencies. A lawyer can help you fight for your rights or the rights of your loved one during this stressful time. They can take on these tasks and ease the workload for you. It is important to have a knowledgeable medical attorney by your side for a court case involving malpractice. This can make a significant impact on your case in court.

"It's estimated that medical errors kill roughly 200,000 patients in the U.S. each year," states Forbes. This is why it is so crucial to be represented by a lawyer that is experienced with medical malpractice cases and is able to take on your case. Some of the things you will be dealing with in a medical malpractice lawsuit will be overwhelming and too much to handle in your emotional state. Our lawyers can help you with the difficult and overwhelming tasks involved in a case like this.

  • Speaking with insurance companies
  • Handling the paperwork
  • Negotiating Settlements
  • Arguing your case before a judge

Not to mention that lawyers will also aid in speeding up the process. Self-representation in a wrongful death case can be counterproductive and futile. With something as delicate as a person's life, you want to hire someone who is skilled and knowledgeable. Contact an attorney who can be the support system you need to help fight for your rights.

Where Do I Start?

If any of the following apply to your situation, you may have grounds to file a medical malpractice lawsuit:

  • Neglect by doctor or healthcare professional
  • Treatment that resulted in harm or death
  • Wrong dosage prescribed
  • Failure to diagnose
  • Car accidents

If you believe your loved one has been the victim of negligence leading to death, you will want to find a knowledgeable attorney to take your case. The first step is to collect all of the documentation you have about the incident. Do not make any contact with anyone regarding the issue.

Conclusion

Look for reliable lawyers in your area and contact them to see if they would take your case. The lawyer will help you through the case and keep you informed of what to do next. Finding the right lawyer will make the process easier for you and will yield better results. A wrongful death attorney will help you receive the compensation you deserve in a timely manner. 

Contact us for more information.


Wrongful Death, an Empathetic Approach

Wednesday, January 08, 2020

Just the very thought of having to make a claim for wrongful death is horrendous. However, your attorney selection is probably one of the most important decisions you'll have to make after the initial shock & mourning period. An experienced wrongful death attorney will be empathetic, compassionate, and respectful. Yet, at the same time, they will immediately take action to protect the rights of the surviving parties. This is the reason it is critical, as soon as you are comfortable, to retain an attorney to protect your rights.

Selecting an Attorney

The Wrongful Death Statute is confusing and difficult to understand. First, your attorney will help you identify the responsible party or in some cases, parties. Sometimes death will result from a car accident, or sometimes through the negligence of a healthcare provider. It is important to note that all cases are different. Indeed, your case will have its own special set of facts and circumstances that must be addressed individually.

Also, it is worth noting that while you are going through the steps that make up the grieving process, you sometimes are not thinking with a clear head. This makes it necessary to have adequate representation to make sure your interests are looked after when you simply cannot.

Research

Do your research. Then, ask your attorney informed questions so you may receive informed answers. Your attorney and his/her team are there to help you every step of the way. There are no stupid questions! Indeed, you should feel that your attorney has your best interests in mind when you are most vulnerable.

Conclusion

To sum up, find a caring attorney you feel comfortable with right away, you'll know almost immediately when it's a good fit. You'll also be surprised how much getting this uncomfortable process out of the way will feel in terms of one less thing on your plate. You have enough to worry about, let the professionals handle it for you from here. Contact us to learn more.

Take These Actions If You Experience a Dog Bite While Riding

Wednesday, December 04, 2019

Imagine riding along peacefully when out of nowhere you are confronted by a snapping, snarling canine. This scenario is one that California bicyclists encounter all too frequently. Knowing what to do if you experience a dog bite can help you avoid tragedy, which is why you should keep the following advice in mind.

Consider the Situation

Dogs often sneak up behind you while you are riding. If you suddenly look back to discover a dog chasing you, your best bet is to try and outrun it. Give a squirt with your water bottle to try and slow the canine down.

There may be times when outrunning a dog just isn't possible. Maybe there is too much traffic ahead or you are going uphill. In those cases, the last thing you want is for the dog to be able to catch you. Thus, get off of your bicycle and place it in between yourself and the advancing dog. Remember that accident victims have a duty to mitigate damages under law. Protecting yourself with your bicycle is one way to sustain as few injuries as possible.

When a Dog Advances

Fighting an advancing dog is practically useless, and will only spur on the animal's aggression. Instead, you should roll up into a ball with your face to the ground. Place your hands over top of your ears and lie as still as possible. This will hopefully mitigate the attack so you suffer as few injuries as possible. Then, after the attack is over, seek medical attention right away even if your injuries are very minor.

Injured While Riding? Contact Us

Dog bites account for a good number of cycling accidents each year. Whether you have been bitten or an attacking dog has contributed to an accident, you could have a legal remedy available under law.

Once you have sought medical attention, gather as much information as possible about the attack. Write down a description of the dog, the events that happened, and take pictures if possible. Gather the names and addresses of any witnesses so that you can later ask them for a statement. After doing these things, please contact us for a free assessment of your case.

Know Your Rights When a Dog Bites

Wednesday, November 06, 2019

Are you a California resident who has suffered from a dog biting incident, or has worried about such an event in the past? Even if it was a one-time incident or from a dog with a history of behavior issues, it can be very scary and even traumatic for some individuals. Let's look at the dog bite law in your state so that you can understand your rights as a victim.

Strict Liability

California takes dog biting attacks very seriously. On one hand, most states have a "one-bite rule", which means that the owner can only face consequences if the dog has displayed vicious tendencies before. On the other hand, to California Civil Code Section 3342, in the event of a bite, the dog's owner would be under "strict liability". This means that they are completely responsible for the dogs actions and the injuries caused, regardless of the circumstances. 

Damages Covered

In most cases, the victim will be entitled to compensation after the attack, with no limitations. This can include medical bills, psychological counseling, pain and suffering damages, and any physical or vocational therapy due to injuries from the incident. Indeed, a dog bite falls under the category of personal injury lawsuits. This means that the victim has two years to file their case and be entitled to their full rights.

Exceptions

In some instances, the victim may be unsuccessful in winning their lawsuit due to certain factors. For instance, if the event happened while the victim was trespassing, the owner of the dog has a reasonable defense. If the dog was provoked into attacking because the victim was physically threatening its owner, this would be justifiable under California's self-defense laws. Further, police dogs acting in accordance with an officer's orders are also usually justified.

Conclusion

You don't have to go through this stressful experience alone - our professional attorneys will be in your corner every step of the way. Contact us now so that we can discuss your case. For more information about our experience with dog bite lawsuits, please read this webpage.

Wrongful Death Action Filed Against Bart

Wednesday, October 02, 2019

According to Blavity, a chronic fare evader named John Lee Cowell, 28, stabbed two sisters who were exiting a BART train in Oakland. Letifah Wilson was stabbed in the neck but survived. His sister, Nia, was not so lucky, dying from her wounds. The exact motives of Cowell for attacking the two women is unknown. However, Alameda District Attorney has charged the man with murder for which he faces either life in prison or the death penalty if convicted. 

Wrongful Death Action

Nia Wilson's family is not satisfied with the criminal charges that Cowell is facing. Her mother and father as well as two sisters, including Letifah, have filed a wrongful death action against BART, alleging that poor safety precautions led to Nia's murder. The suit also alleges that a link exists between fare evasion and other forms of crime, including the violent kind, and that BART should have been aware of this fact.

BART's Actions

To its credit, BART has been attempting to take a number of measures to keep out fare evaders and to tamp down on crime at its stations. The rapid transit train service that encompasses the Bay Area has hired some civilian law enforcement officers and has built walls to protect payment stalls and has locked easy access gates that fare evaders like Cowell use to access BART's trains.

The Reactions

Nia Wilson's family claims that these measures are inadequate and that lawless conditions at BART stations have become endemic. The lawsuit is asking for a "grief award" of an unspecified amount for the family. It also demands that BART post at every station a notice at each station that would indicate crime statistics for the previous four years. The theory is that these notices would incentivize BART riders to exercise situational awareness in order to protect themselves. So far BART is declining the comment on what constitutes ongoing litigation except to express its continued regret of the murder of Nia Wilson.

For more information contact us.

Lasik Surgery Gone Wrong. Can you Sue?

Tuesday, September 03, 2019

woman getting lasik eye surgery

Though LASIK surgery is considered to be safe, just like other procedures, there are some risks. Some people suffer from dry eye after their procedure, while others may struggle with different vision impairments afterward.

If you are struggling with your vision after your LASIK surgery, you may be wondering what you can do.

Can you sue?

Yes. You may have a medical malpractice case against anyone who was involved in your case. This includes:

  • Your eye doctor
  • The surgeon
  • The ophthalmologist
  • Other health care professionals who have been treating you

What could go wrong?

Just like any other procedure, there are plenty of things that can go wrong. Any of the following could be a factor in your case:

  • You weren't a good candidate for the procedure. You may not have gotten enough testing done prior to the procedure or they saw something that meant you weren't a good candidate and they did the procedure
  • Surgery didn't go as planned. Surgeons are still humans, and they make mistakes. They could have cut too shallow or too deep during your procedure.
  • The medical equipment malfunctioned. The equipment that they used during your procedure may not have been working the way that it should have, leading to your injuries.

So, what can you do? What must you prove?

In order to prove medical malpractice, you need to be able to prove that your doctors knew something that you didn't. You also need to be able to prove that they weren't treating you with the same level of care as most doctors.

To do this, you must:

  • Establish a reasonable standard of care. You need to be able to show the judge and jury what most doctors do to provide the best care possible for their patients.
  • Then, you need to show them how your doctor didn't perform up to that standard of care. You need to be able to prove what your doctor did (or didn't do) that lead to your impairment.

Suing for medical malpractice isn't always cut and dry. Because of this, you need to hire an experienced lawyer to help you through this difficult time. Don't hesitate to contact us today to talk about your case and options.

Exploding E-Cigarettes: Do You Have a Case?

Tuesday, August 06, 2019

man using e-cigarette

As more and more people are quitting smoking, they are looking for other alternatives that may be a little safer. E-cigarettes are becoming more popular, allowing people to smoke without all of the harmful side effects.

However, that being said, they aren't as safe as many people think. In fact, many people are injured when the batteries explode. Even though these batteries are protected with shrink wrap, any damage to it makes cigarettes are a true fire hazard. Many of these injuries occur when the batteries are charging.

Can you use if you were injured due to an exploding e-cigarette?

Yes. You may have a product liability lawsuit, which can be quite complex.

What will I have to prove?

In order to win your product liability lawsuit, you will have to prove that your product was defective. This can be proven in three different ways.

  • Defective design. If there are a lot of people injured using the same product, you may be able to prove that there is a flaw in the design of the product, making it unsafe and potentially dangerous.
  • Defective production. If there were only a few injured, something might have happened during the production process. When this happens, the company may issue a recall and halt production until it can be fixed.
  • Defective marketing. If your e-cigarette didn't come with adequate safety warning, you might have a case. You may also have a case if you didn't receive any instruction with it. Because of this, you may have used it improperly, or the product didn't do what it should have done.

So, what should I do?

You need to hire an experienced lawyer to help you. Don't hesitate to contact us. We will be happy to discuss your case to see what your options are, going forward. If you decide to proceed, we will be with you every step of the way.

What to Look for When Hiring a Personal Injury Attorney

Wednesday, July 03, 2019

person injury lawyer meeting with injured client

When choosing a personal injury attorney you want the best so your case will have the best possible shot at success. You need the compensation from your personal injury case, and you don't want to lose it because you picked the first law firm out of a Google search. Just like with buying a car or picking a doctor, it is okay to shop around from a personal injury lawyer to find one that you really feel confident in. However, there is also the chance that you don't actually know what to look for in a good personal injury lawyer, and if that is the case, then consider these tips.

Who is Handling Your Case?

Ideally, you want the lawyer you are talking to in a consultation to handle your case. However, that is not always what you will get. Instead, bigger law firms may pass you down to associates. While these big law firms could be great, more often than not, you will feel more like you are just another customer of many.

What Do Their Previous Verdicts Look Like?

You will always want to look over a lawyer's previous verdicts. These will tell you two very important details – do they win and are they willing to go to court? Sometimes lawyers will lose cases, but if they are losing a lot of cases, this is a bad sign. Furthermore, if most of their cases have ended in settlements rather than trial, you may find them push you towards a settlement rather than help you fight for the amount you actually deserve in a court room.

Are They a Focused Law Firm?

Similar to large law firms, you want your personal injury lawyer to actually have a focus on personal injury cases. If they take cases in many different areas of the law, it splits their focus. They could be great personal injury lawyers, but you are also gambling that they are better lawyers in family or criminal law.

How Are They Paid?

It is okay to talk about money! You are paying them to represent you, and it is only fair to know how you will be paying them. Most personal injury lawyers work on a contingency fee, meaning they only get paid if you win. If there are upfront fees or they are a little shifty about payment, it should be a red flag.

Need Help?

The most important part about choosing a personal injury lawyer is they should make you feel confident about your own case. You should be able to meet them and leave feeling like you can win this case. If you are looking for a personal injury lawyer that will fight for you, contact us today to see what Lederer Nojima can do for you.


ARCHIVE

Los Angeles Personal Injury Lawyers

LEDERER & NOJIMA VIDEOS

David Lederer and John Nojima used to defend the insurance companies. Now they are on your side.

At Lederer & Nojima LLP, in Los Angeles, California, we pride ourselves on providing our clients with the highest quality legal services and advice. We recognize that our success is based upon our client's success — so we are absolutely committed to obtaining the results our clients want and need.

CALL TODAY: 310-312-1860

OUR LOCATIONS

12100 Wilshire Boulevard

Suite 480
Los Angeles, 90025
Phone: (310) 312-1860

Get Map | Driving Directions

DOWNTOWN LOS ANGELES

555 W. 5th Street
31st Floor
Los Angeles, CA 90013
Phone:(310) 312-1860

Get Map | Driving Directions


Lederer & Nojima proudly serve Los Angeles, West LA, San Fernando Valley, Santa Monica, Downtown Los Angeles, Brentwood, South Bay, Long Beach, Riverside, Encino, Sherman Oaks, and more locations throughout Southern California.