Los Angeles Injury Lawyers Blog

Los Angeles is not a safe place if you are a pedestrian. Pedestrians comprised roughly a third of all traffic fatalities in the City of Angels. In 2010 there were an estimated 4300 pedestrians killed and about 70,000 pedestrians that were injured. Unfortunately, many pedestrian accidents do not get reported for one reason or another. In an effort to increase pedestrian safety the Los Angeles Police Department is teaming up with the Valley Traffic Division officers to enforce pedestrian safety laws. These laws are not just for pedestrians, they apply to drivers and their vehicles also.

The Los Angeles Department of Transportation has been making more improvements to the city's crosswalks. Many crosswalks are being updated with visual warnings to drivers, an example of this are the warnings painted on pavement. More crossing guards are being placed at the crosswalks near schools so that the younger children have the adult assistance they might need to cross the street safely. Children are known to be unpredictable and can dart into traffic for no reason. Drivers are being asked to pay special attention when driving in residential areas, along with near school zones.

In the San Fernando Valley there were 29 pedestrians injured in a traffic crash in 2012. This number makes up about half of the fatal traffic crashes locally. The Valley Traffic Division is taking this time to reintroduce a few safety tips to the local citizens, in hopes that they can prevent further fatalities. Drivers have the responsibility to not drive distracted and yield to pedestrians in crosswalks no matter if they are marked or not. When driving, motorists should be scanning the road ahead for pedestrians. On the other hand, pedestrians need to obey traffic signals and be alert to the traffic around them.

Continue reading "Los Angeles Pedestrian Safety" »

Los Angeles personal injury lawyers are aware that many parents use a variety of consumer products in their day to day lives with their children. Especially when parenting a baby or young child, parents or caregivers tend to need quite a lot; for example, cribs, playpens, blankets, bottles, pacifiers, diapers, wipes, bath tubs for infants, swaddling blankets, and not to mention the amount of clothing a baby can go through. Most parents are very concerned with the safety of each product they purchase for their child and want to follow safety instructions thoroughly. There are the occasional circumstances when a parent thinks they can adapt a product to do something for them that it was not intended to do.

As consumers, we are at the mercy of a manufacturer when it comes to a product's safety. If the product was not made to specifications it can be difficult to distinguish what is wrong with it to our untrained eyes. The United States Consumer Product Safety Commission (CPSC) is delegated with the responsibility of ensuring that manufacturers comply with safety criteria and notify the public when a possibility of injury or death can take place.

Recently, the CPSC has been involved in requiring the recall of the Nap Nanny infant recliners. This product is allegedly supposed to help young children sleep more comfortably. The recliner is made from a foam base that has been shaped with an inclined indentation in the middle where the baby can sit. It also has a fitted fabric cover, similar to a fitted sheet on a bed, where a three point harness allegedly secures the baby while it sleeps or rests within the recliner. Because of the foam base the manufacturer of the recliner, Baby Matters, LLC, promotes its ease of portability. It is not intended to be used anywhere but on the floor, away from other things like blankets, pillows, or other possible choking hazards for young children. There is another version of the Nap Nanny, called the Nap Nanny Chill.

According to the CPSC, four infants have died in Nap Nanny Generation Two recliners and one child died in the Nap Nanny Chill model, for a total of five deaths. Seven months ago CPSC was aware of only one death and 22 reports of infants hanging or falling out of the recliners, even while allegedly being secured in the recliner's harness. CPSC worked along with Baby Matters, LLC to issue a recall and offer a coupon to consumers so that they could purchase the newer, updated model. Since that time further deaths and injuries have been reported, leading CPSC to take more extreme measures and suing the manufacturer.

Continue reading "Nap Nanny Recliners Not Safe According to CPSC" »

Celebrating the holidays is such a joyful and festive time. Many of us are enjoying the various parties and get-togethers with friends and family and that is the great part of this holiday season. The unfortunate side of all the festivities is that there are more drunk drivers on the roads after the parties come to an end. Having more drunk drivers on the road is more than likely to lead to more driving under the influence (DUI) or driving while intoxicated (DWI) accidents taking place.

According to statistics for last year's drunk driving statistics released at a National Highway Traffic Safety Administration (NHTSA) event, almost 10,000 people were killed in drunk driving accidents and about 400 of those deaths took place just in the second half of last December! This is why organizations such as the NHTSA, the U.S. Secretary of Transportation Ray LaHood, Mothers Against Drunk Driving (MADD), and the Governors Highway Safety Association have joined forces to promote sober driving this holiday season.

There was some good news within the new drunk driving statistics for 2011 too. Twenty seven states showed a decline in drunk driving related fatalities. There were three states in the nation who had an increase in their fatality rate for drunk driving accidents and those were Colorado, New Jersey and Florida. The campaign's slogan is "Driver Sober or Get Pulled Over" and is being supported by a multi-million dollar television and radio ad campaign that will be broadcast nationwide.

Some safety tips that the NHTSA asks drivers to follow include:

1. Be responsible. Notify law enforcement by calling 911 if you see a drunk driver. Don't let anyone you know drive after drinking.
2. Plan ahead. If you know you will be drinking, don't drive. Have a designated driver or arrange for another safe way home.
3. If you are drunk, don't drive but find another way home. Call a taxi, a sober family member or friend, your local sober ride program or take the bus home.

Continue reading "NHTSA Announces National Holiday Drunk Driving Crackdown" »

Hit and run accidents are not a new event in Los Angeles. Los Angeles hit and run accident attorneys have written articles about these accidents various times this year. A recent article in the L.A. Weekly publication takes a closer look at these events and even goes as far as to say Los Angeles has been experiencing an epidemic when it comes to hit and run accidents. According to the article, roughly 20,000 hit and run crashes are recorded by the Police Department in Los Angeles every year. Los Angeles had an astounding 48 percent rate of hit and run crashes for the year 2009, the rest of the United States experienced an 11 percent rate of hit and run crashes.

California State data shows that about 4,000 of the hit and run crashes that take place each year within Los Angeles city limits end in injury and/or death. Federal data for these accidents shows that an estimated 100 pedestrians died.

The article pays special attention to the fact that many victims of hit and run crashes never have their crimes solved. One such victim, Marie Hardwick, suffered extensive injuries when she was hit by a man driving a black BMW almost nine months ago. He fled the scene. Hardwick's injuries included broken bones in both legs, both her kneecaps being shattered, the bottom row of teeth in her mouth were completely knocked out and her jaw snapped apart. Although the side-view mirror of the car that hit Hardwick was left at the scene, police allegedly failed to collect it. Hardwick is confident that she could still identify her assailant but at the time of the accident police allegedly never interviewed her.
Collecting evidence, interviewing witnesses and the victims is all a process that is crucial to a hit and run investigation but it's imperative that it takes place within the first few days of the accident taking place, according to the article.

One official told reporters that fatal hit and run accidents are higher priorities than the hit and run accidents where the victims survive.

Continue reading "A Painful Look At The Hit-and-Run Epidemic in Los Angeles" »

Hundreds of Los Angeles County residents use the bus each day. Some are getting to work, to school or going home. When a bus is in an accident many people are affected, not just those riding the bus. There have been various news reports involving buses recently. Here are just a few:

1. The transit agency for Los Angeles County has paid more than $3 million to a woman who sued them after her foot was allegedly crushed by a bus. Reports say that the woman began crossing the street in a crosswalk when a bus, that was making a turn, did not stop and ran over her foot. She sustained injuries that included broken bones in her feet and the skin being torn off, according to the article. She sued the transit authority claiming negligence.

2. A distracted driver, who had been texting, failed to stop at a red light and hit a bus causing it to jump the curb then hit a tree and, finally, knock down a light post. Reports indicate that at least eight people were injured, one of which being the distracted driver. All those injured were taken to hospitals to receive treatment.

3. A bus was apparently cut off by a motorist while it was traveling westbound on Venice Boulevard, approaching a green light at Spaulding Avenue. The bus driver was unable to avoid crashing into the car that turned in front of it. Six bus passengers and two people from the car sustained injuries and were taken to local hospitals. Officials are still investigating the accident.

4. The brakes for an unoccupied bus that was parked on an overpass disengaged sending the bus over the side. The offramp that the bus landed on was closed while the bus was being removed, causing some traffic congestion on the 110 freeway. Officials are investigating the cause of this accident.

Continue reading "Los Angeles Bus News" »

Most Los Angeles residents are very familiar with what the term "hit and run" means when referred to auto accidents. A hit-and-run accident is a crime that takes place when a car hits another car or an individual and does not stop to identify themselves after the accident. Hit-and-run accidents are highest in Los Angeles compared to other cities across the nation. The prevalence of these types of accidents is four times higher and one out of every five of these crashes typically involves a driver who does not possess a license.

A new study has released findings that show unlicensed drivers will flee the scene of an accident more than half the time. The bad news doesn't stop there, unlicensed drivers allegedly will drive drunk five times more often than their licensed counterparts. Unlicensed drivers are involved in roughly 20 percent of all fatal auto accidents in the entire nation. Los Angeles has an estimated 750,000 immigrants who are not legal residing within its boundaries, that means any of these persons who operate a vehicle are doing so without a legal license.

Over the Halloween holiday a Los Angeles area mother was struck by a hit-and-run driver. The mother, Susan Washington, was out trick-or-treating with her nine year old son and his friend around 9 o'clock at night. The group was crossing a street in a crosswalk when a silver Suzuki came around the corner at a high speed. Washington pushed the boys out of the way and was struck by the car. Her son claims to have seen two people exit the car, survey the scene and then got back in their car and drove away. Police officials found the car abandoned a few blocks away; it had Washington state license plates on it. Police are still trying to locate the driver and two passengers. Thankfully, Washington was sent home from the hospital with only cuts and bruises and a neck brace; as opposed to more severe injuries or a fatality.

Continue reading "Los Angeles Mother Injured By Hit-And-Run Driver, Saves Boys" »

After a year and a half long investigation by both the Ventura County District Attorney's Office and the Contractors State License Board officials have arrested three individuals that are accused of selling remodeling work that was never completed or was poor quality. The Contractors State License Board is continuing their investigation into companies that offer licensed contractors a small monthly payment to essentially act as a front to businesses that are not currently licensed. Most often, elderly contractors that are retired are utilized for these purposes. The Contractors State License Board expects to make more arrests as they continue their investigation.

The three individuals arrested are suspected to be involved in more than 20 felonies, including elder abuse, grand theft, conspiracy to contract without a license and money laundering. Officials were assisted by five residents of Ventura County who came forward to express that they had been victimized; three of these residents are elderly. Officials totaled the losses by these five residents and it exceeded $145,000.

Los Angeles elder abuse attorneys are particularly troubled by the news that more of our older population of residents is being taken advantage of. Elder abuse is a rising problem in our society, especially with the increase in elderly population. According to the National Committee for the Prevention of Elder Abuse approximately 4-6 percent of the elderly population is abused. Financial abuse, such as the case that we shared in this post, takes place when the resources, funds or property of an elderly individual are improperly or illegally used.

If you have a loved one who is older and lives at home still there are a few traits to look for that will indicate whether they might be experiencing financial abuse.

• If your loved one suddenly has unpaid bills or notices to discontinue service or eviction notices.
• Another possible indicator is a "new best friend."
• Suspicious signatures on checks or other important documents
• Missing property or belongings
• Unexplainable withdrawals or transfers
• An Absence of documentation

Continue reading "Los Angeles Elder Abuse Scam" »

A new study published by the University of Michigan Transportation Research Institute shows that Los Angeles drivers are responsible for killing pedestrians and bicyclists more than most other states within the nation. The research information was gathered from data held by the National Highway Traffic Safety Administration, New York State Department of Motor Vehicles, and the California Highway Patrol. Researchers studied the rate of automobile accidents spanning the nation, from as far east as New York and west to Los Angeles. New York was the only other place in the nation where bike and pedestrian accidents were higher than Los Angeles.

Of the crashes studied, almost 450,000 accidents took place in Los Angeles, spanning the eight years between 2002 and 2009. Statistically, bike riders and pedestrians account for roughly 20 percent of all outings. On the other hand, the county of Los Angeles uses less than one percent of its transportation budget to make improvements for those commuters that walk or ride their bikes. Los Angeles bike and pedestrian attorneys were not too surprised to read that men were more likely to be involved in these types of accidents than women, 62.3% of men compared to 57.6% of women.

Los Angeles crashes took place more often at night contrasted with the daytime crashes, for pedestrians. Pedalcyclist fatalities were occurred more often during the day. Intersections proved to be more fatal in Los Angeles, 36% in L.A. contrasted with 22% in the nation. Forty-eight percent of all pedestrian fatalities took place on the weekend; Friday, Saturday and Sunday.

Continue reading "Los Angeles Pedestrians And Cyclists Killed At Higher Rate Than Almost Anywhere Else In Nation" »

Recent news reports have described the court decisions in two Los Angeles wrongful death cases. Wrongful death is typically defined as the loss of life due to the negligence, misconduct or actions of an individual or company. The intent of the actions that lead to wrongful death, whether they were unintended or intentional, will be considered. Typically, an unintentional action by one person that precedes the death of another individual can also be categorized as negligence. Wrongful death statutes are different in each state within the United States of America.

The first wrongful death case we saw reported the owner of a supermarket was not held liable for the death of a woman after an unusual accident took place on its premises. The woman had gone to the supermarket and was trying to retrieve a shopping cart that allegedly was stuck to another cart. The woman fell and sustained injuries that included a fractured femur, she was taken to a local hospital where she underwent surgery on her femur. She died following the surgery. The woman's husband filed a suit against the supermarket. The supermarket was not found liable for the death.

The second case we came across found a medical doctor not liable for an auto accident caused by one of his patients who was 85 years old and had been diagnosed with dementia. The doctor's patient was driving with her partner of many years when she abruptly made a left hand turn and was in the path of an oncoming car. The woman, Lorraine Sullivan, survived the accident but her partner did not. The family of the deceased partner, William Powers, sued the doctor for wrongful death. In California, doctors are required to report patients who have "disorders characterized by lapses of consciousness" to local health officials. Doctors are asked to use their own "clinical judgment" regarding whether or not their patient might be or is a danger on the road.

The jury in this case deliberated and determined that Sullivan's doctor had not violated standards of care of state law when he did not report Sullivan to authorities.

Continue reading "Two Wrongful Death Cases in Los Angeles" »

The U.S. Consumer Product Safety Commission (CPSC), the national organization charged with protecting the public from injury or death associated with the use of consumer products under its jurisdication, has issued a recall this month for freezer gel packs. These type of gel packs are typically used in lunch boxes or other food carriers to keep food items at a safe temperature and prevent them from causing food poisoning. Unfortunately, the gel packs seem to cause a problem when they leak and the harmful diethylene glycol and ethylene glycol within the packs is possibly consumed as a result.

The recall is specifically for the Ice/Hot and Ice Gel Packs imported by California Innovations Inc. based out of Toronto, Canada. The recall is specifically for six kinds of gel packs:

1. Cryofreeze Transparent Cell ice/hot packs that are available in three styles; a 2-cell pack, a 3-cell rectangular pack, and a 3-cell square pack
2. Arctic Zone ice pack with an opaque blue wrapper
3. Cryofreeze ice/hot packs in small or large sizes; small is 6" wide by 5.5" high, large is 8.5" wide by 8" high

All of these gel packs have wording like "non-toxic" on the packaging but the CPSC warns that all consumers should stop use of these gel packs immediately and dispose of them. Don't just throw them out in your trash can though! Be sure and call the local waste disposal authority first and find out any special instructions needed to dispose of them safely. A refund is being issued for certain gel packs, please contact California Innovations [(800) 722-2545] for that information.

At this time there have not been any new reports of injury or incident related to the gel packs but CPSC is still interested in being notified if there are any injuries or incidents that occur and might involve a different hazard with this product or are related to this recall directly.

Continue reading "Recall Issued For Freezer Gel Packs" »

The Los Angeles Times, and many other news sources, reported recently the conviction in a "landmark" case of a teenage driver who has been sentenced to serve a year in prison after texting while driving last year. Aaron Deveau's car crossed the center line and he crashed head-on into another car that had two passengers. Deveau did not suffer any severe injuries but the same could not be said for the other passengers in the car he hit. Both passengers were seriously injured and one died 18 days after the crash. The court found him guilty of negligent operation of a motor vehicle, vehicular homicide, and texting while driving. His driver's license was also suspended for 15 years.

A University of Utah professor, David Strayer, which studies the effects of driver distractions said that his research shows that texting while driving is the most dangerous distraction drivers can face. It is more dangerous than talking to a passenger, eating while driving or even talking on the phone while driving. He noted that texting-while-driving is also twice as dangerous as drunk driving (which means a blood alcohol level of 0.08 or higher). Texting-while-driving takes your eyes off the road, your hands off the steering wheel and your mind off being able to react to any situations that might arise on the road, according to Strayer. In Deveau's case, he had sent almost 200 texts the day of his accident although he insisted while in court that he was not texting at the time of the crash but authorities found he had sent one just before the crash.

State law for California has banned use of handheld phones for all drivers. There is also a ban on texting for all drivers. Novice drivers (any driver under 18 years of age) are banned from any use of cell phones (even Bluetooth). In 2010 almost 20 percent of injury crashes reported were distraction-affected crashes. Text messaging practices seem to be rising each year so the probability of the percentage of injury crashes related to this distraction will likely rise also.

Continue reading "Teenager Sentenced to Time In Jail For Texting-While-Driving Crash" »

Drowning accidents are such a tragedy and can take place in many different environments but for Southern California residents they most likely occur in swimming pools, hot tubs, bath tubs, and beaches. Drowning accidents can also take place at lakes and rivers. Occasionally we hear of adults that drown while surfing or getting stuck in rough surf or other water accidents but drowning accidents typically involve young children in unsupervised water access.

Recently we learned that a 6 year old girl drowned in the La Canada area. The sheriff's that responded to the scene reported that the young girl's death was an accident. Safety officials have reported that they have responded to many drowning emergencies since the weather has started to shift into summer schedules. American Red Cross safety experts remind adults that "drowning is the second leading cause of death for children 14 years and younger."

Some of the safety tips that the American Red Cross offers are:

1. Children should be supervised by adults at all times.
2. If a child is missing, check the pool first.
3. Floatation devices can not be used as a substitute for supervision when children are in the pool.
4. Remove access to pools (i.e. ladders for above ground pools) or make sure you have a fence surrounding your pool that can be locked. Make sure hot tubs are covered when not in use.
5. Toys in the water can attract young children, so always remove all toys after using your pool
6. When at the beach, vigilance is required - scan the water, do a head count and know where all children are.

Continue reading "Los Angeles Area Girl Drowns In Pool" »

As baby boomers get closer to the age of needing more support through their later years many families are facing some big decisions as to what kind of care their family members might require. Families need to assess if they will bring loved ones into their home and do most of the care themselves, whether hospice might be a better option or if a nursing home would be a better fit. Each decision has a list of pros and cons but ultimately the well-being of the loved one in need is what needs to be most considered.

Los Angeles nursing home negligence lawyers have recently learned of three facilities that have been issued severe citations by California's Department of Public Health (CDPH) for "inadequate care" that resulted in patient death at each facility and are being fined. The facilities being fined are the Motion Picture and Television Hospital in Woodland Hills ($80,000), the Downey Care Center in Downey ($80,000) and the Fountain View Subacute and Nursing Center in Los Angeles ($75,000). The maximum fine the state can impose upon a nursing facility is $100,000. At the Motion Picture & Television Hospital a patient, who suffered from dementia, died when staff allegedly failed to supervise them. The patient fell down a flight of stairs and died seven days later. At the Downey Care Center a diabetic patient was allegedly not properly supervised or cared for and went into a diabetic coma and eventually died. Finally, at the Fountain View Subacute and Nursing Center a patient with a history of falling was allegedly not monitored sufficiently because the patient fell and suffered a fatal brain injury.

There are various levels of citations that the state can issue to supposed negligent nursing homes. The state also makes public these citations on their website. Some experts believe that raising the amount the state can fine a negligent nursing home isn't the answer in nursing home reform. What would do the trick is enforcement. One advocate for nursing home reform recommended that nursing homes with AA citations need to not be allowed to accept new admissions until reform has been made and possibly change the management temporarily to help enforce the required changes.

Continue reading "Los Angeles Area Nursing Homes Allegedly Not Caring For Our Elderly As They Should Be" »

A settlement has been reached between the family of Elvira Gomez and Xerox Corporation. Xerox will pay the Gomez family $5 million dollars in the settlement of this Los Angeles wrongful death lawsuit. The Gomez family lost their mother, aged 63, almost three years ago when she was crossing a street and was struck by van being driven by Eduardo Delgado, also a Xerox employee. Upon investigation it was found that Delgado had a history of driving under the influence. Delgado had been driving a Xerox company van the night of the incident and his license had been suspended.

In the lawsuit, the wrongful death attorney claimed that Xerox personnel had never checked Delgado's driving record. They also claimed that Xerox was negligent in continuing to allow Delgado to drive for the company when his license had been suspended for two years. It was also pointed out that Xerox had other employees, at least one, with multiple DUIs.

The Gomez family would like to put part of the settlement monies towards enacting a law in California that would require businesses with ten or more drivers to register them in a DMV program which would be established to issue alerts to the company if one of their drivers had been convicted of a DUI or other serious traffic violations.

Continue reading "Multimillion Dollar Settlement Reached In Wrongful Death Lawsuit" »

Recent developments have taken place in a tragic incident that took place at the University of California at Los Angeles a few years ago. A young research assistant (RA) was conducting an experiment with a highly flammable chemical that was especially sensitive to exposure to air when the syringe fell apart. The research assistant's sweater caught fire when the chemical ignited and she suffered serious second and third degree burns as a result. Sadly, the research assistant later died. UCLA was fine by a California state agency for almost $32,000 and made its compound handling policies more strict while providing more training for those who need to perform lab work at the school.

The Los Angeles District Attorney's Office has brought new charges against the professor and the school alleging that both parties were in violation of California state codes that mandate an employee be trained on how to handle hazardous chemicals and what to do that will minimize risk of exposure, also violating requirements for proper clothing requirements and staff safeguards. When the accident occurred the California Division of Occupational Safety conducted an investigation and though it indicated that the school had not properly trained the student and fined the school, they ultimately stated that they found "no willful violations." UCLA has declared the new charges as "outrageous."

Experts have noted that multiple systems fell short that day, in that UCLA lab; specifically administrative safety controls (meaning policies and rules), personal protective equipment and engineering equipment (having the correct tools) - all fell short. And some estimate that these new charges will pressure the school into making more of an effort on all training for lab safety. It is not uncommon to find that undergraduate students are trained by their more senior graduate counterparts, who are not experts in the realm of safety themselves.

Continue reading "Death Of UCLA Chemisty RA Leads To School Fines And A Professor In Court" »