PERSONAL INJURY BLOG

What to Do After a Bicycle and Pedestrian Crash

Wednesday, June 09, 2021

The laws regarding whether a bicyclist can legally ride on sidewalks differ not only from state to state, but also city to city. Thus, making it impossible for the bicyclist to know where they can or cannot ride. Here's what happens if a bicycle and pedestrian crash, depending on where. 

For Example: Santa Monica, CA

For example, it is NOT legal in Santa Monica to ride on sidewalks. Santa Monica Municipal Code Section 3.12.540 states:

"(a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon any public sidewalk."

For Example: Los Angeles, CA

However, in Los Angeles, bicyclists are allowed to ride on sidewalks, but not in a "willful or wanton disregard for the safety of persons or property".

According to the Los Angeles Municipal Code section 56.15(1),

"No person shall ride, operate or use a bicycle, unicycle, skateboard, cart, wagon, wheelchair, roller skates, or any other device moved exclusively by human power, on a sidewalk, bikeway or boardwalk in a willful or wanton disregard for the safety of persons or property."

A Bicycle and Pedestrian Crash

So, what happens if there is an accident between a bicyclist and a pedestrian on a sidewalk? Chances are neither party has insurance. The bicyclist might have insurance on the bike and helmet if their bike is a primary means of commuting.  

However, it's a slim chance the bicyclist will have insurance, which means if there are injuries, there will be a fight on whose fault it was. If a pedestrian comes out of a storefront at the same time the bicyclist arrived at that point, who's at fault?  

  • Was the pedestrian intoxicated?
  • Was the pedestrian clowning around?
  • Did the bicyclist not have enough light on the bike to be able to see the surroundings?
  • Was the bike in a state of disrepair, faulty brakes or low tire pressure?
  • Was the bicyclist going too fast with a "willful or wanton disregard for the safety of persons or property?"

After a bicycle and pedestrian crash, for the pedestrian or bicyclist to be able to get compensated for their injuries, they will have to do the following things:

  • Call the police and ambulance
  • Pedestrian and bicyclist exchange information
  • Take pictures
  • Document everything
  • Get witnesses
  • Go to the doctor
  • Keep everything collected from the above sources and any broken bike parts or torn or damaged clothing for a possible court hearing to compensate for injuries.

Learn More about What Happens After a Bicycle and Pedestrian Crash

If you are the bicyclist or the pedestrian in this situation, contact us to evaluate your case.

What to Do if You Are Involved in a Slip and Fall Accident

Tuesday, June 08, 2021

A slip and fall accident can cause minor injuries such as bruises, scrapes, and broken bones. A fall can also cause brain damage. The Centers for Disease Control and Prevention (CDC) estimates that one in every five falls can lead to an injury that results in traumatic brain injury. For this reason, you should take a fall seriously and sue the responsible person for premises liability. Here is a look at what qualifies as premises liability and the steps you should take if you are involved in a fall.

What Is Premises Liability?

A slip and fall accident or any other accident caused by precarious conditions on a person's property is classified as premises liability. For you to hold a property owner accountable for injuries sustained by your slip and fall accident, you need to prove the following:

  • The property owner was aware of the dangerous condition but did not take any action to address it.
  • They failed to take the steps a reasonable person would have taken to prevent injuries.
  • The property owner created the conditions that caused the accident.

Steps to Follow After a Slip and Fall Accident

Immediately after a slip and fall accident, you need to take the following steps:

  • Make a report: Report the incident to the property manager. Make sure you stay calm and limit your conversation with the property manager to avoid self-incrimination.
  • Document the scene: Take photos of the scene of the accident. This will serve as evidence.
  • Get the witnesses' contacts: If there are any witnesses to your fall, take their names, and contact information. Indeed, witness statements will help strengthen your case against the property owner.
  • Seek medical attention: You should contact a doctor to assess the extent of your injuries and make a medical report after a slip and fall accident.
  • Contact an attorney: You need to call an attorney to advise you on the best course of action. Your lawyer will investigate the incident, preserve evidence, and negotiate on your behalf. Then, if the case goes to trial, your lawyer will ensure you get a fair judgment.

Learn More About a Slip and Fall Accident

If you are involved in a slip and fall accident, do not hesitate to contact Lederer & Nojima LLP. This law firm has years of experience in personal injury law and offers its services to Los Angeles residents and the greater Los Angeles area. 

Mistakes You Should Avoid When Bitten By a Dog

Tuesday, June 08, 2021

Many personal injury cases involve dog bites. Additionally, most of these cases occur in the dog owner's compound. The victims are family members, neighbors, or friends. If you are bitten by a dog, there are mistakes you should avoid for your personal injury claim to succeed.

Failing to Seek Medical Care

Many dog bite victims do not take their injury seriously and fail to go for a medical checkup. There is no way of knowing whether you have rabies unless you visit a doctor. Furthermore, a dog's mouth may have bacteria that can cause serious infections that could easily spread to other parts of your body.

The first step to take after a dog bite is to seek medical attention. The doctor will close your wound to prevent any infection. Additionally, your doctor will write a report linking your injury to a dog. This documentation will be essential when filing your personal injury claim.

Failing to Report The Incident

The next thing you should do after seeking medical attention is to report the incident to animal control or the police. It is important to report the injury so it is well documented as evidence should the case go to trial. Do not give in to the dog owner's pleas not to report the matter.

While the dog owner may promise to pay your medical bills and compensate you for your injuries, they may renege on their promises leaving you with no legal recourse. Moreover, many states have laws on dog bite injuries. Therefore, when you alert the authorities, they will conduct an investigation to determine liability. 

Failing to Hire a Lawyer

Many dog bite victims attempt to make personal injury claims without legal counsel. This is a big mistake that may result in an unfair settlement. Insurance companies are notorious for finding ways of avoiding payment or paying an insignificant settlement. To get the best possible deal from a dog bite injury claim, you should hire a personal injury attorney.

End Note

Dog bite injuries are one of the most common personal injury cases. If you sustain injuries from a dog bite, you can hold the dog owner liable for the incident. Make sure you hire a personal injury lawyer for the best possible outcome of your case.


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