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About Los Angeles Accident Center

Los Angeles Accident Center was created to provide useful information for anyone who has been injured in an accident due to someone else’s negligence in Los Angeles and throughout the state of California. Author and attorney Sherwin Arzani and his team have over 17 years of personal injury experience. If you have been injured in accident, you will find useful information to assist you during this difficult time.


Distracted Driving Leading Cause of Fatal Car Accidents

The National Highway Traffic Safety Administration estimates that 37,133 people were killed in car accidents across the country in 2017. Despite the slight decline in fatal accidents – there were 1.8 percent fewer deaths than in 2016 – experts are still concerned about our dangerous roads. In fact, many believe that the number of fatal car accidents will rise again in the coming years. Why? Drivers are more distracted than ever before.

Distracted Driving A Leading Cause of Car Accidents

Technology can be a great asset. However, our growing dependence on technology is also a reason for concern. As a society, we’ve grown increasingly attached to our mobile devices. We have the world at our fingertips and it can be hard to disconnect. This is particularly troubling when drivers get behind the wheel. Rather than focusing all attention on the road, many are still honed in on their cell phones and tablets. Drivers are checking emails, texting, and scrolling through social media apps while navigating a dangerous vehicle on public roads. The result? More injury-causing and fatal car accidents attributed to distracted driving habits.

Why is Distracted Driving So Dangerous?

Distracted driving has been described as the “new drunk driving.” Why? When you drive drunk you are much more likely to be involved in an accident. Recent studies have found that distracted driving practices also significantly increase the likelihood of an accident.  According to one source, drivers are 1.3 times more likely to be in an accident if they talk on the phone while driving. This includes hands-free devices. The risk of an accident increases slightly – you’ll be 2.4 times more likely to be in a crash – when you try to dial a phone. Unfortunately, the most dangerous behavior is the one drivers seem to engage in most. You are 23 times more likely to be in an accident when you text and drive.

How Many Car Accidents Are Caused By Distracted Driving?

Distracted driving has really developed into a major problem in the United States over the past few years. Many organizations and agencies have begun to review accident statistics in an effort to identify how frequently distracted driving contributes to car accidents. While results have been mixed, there has been one common conclusion. Distracted driving is a leading and growing cause of fatal and injury-causing accidents in the United States.

Here are some distracted driving accident statistics:

  • According to the CDC, 9 people are killed and another 1,000 are injured every day because of distracted driving practices.
  • Distracted driving is responsible for anywhere between 10 percent and 25 percent of all car accident deaths.
  • 58 percent of teen driving accidents involve distracted driving behaviors.

How Many Drivers Are Using Cell Phones Behind the Wheel?

According to a AAA study, two-thirds of all drivers say that it is “unacceptable” to talk on a cell phone while driving. At the same time, however, one-third of all drivers voluntarily admit to “doing it fairly often or regularly.” The number of drivers using a phone is actually probably much higher. One study, which reviewed cell phone activity in moving cars by using an app, found that “92 percent of drivers nationwide with cell phones” used them “while in a moving car” in a 30 day period.

State Laws Crack Down on Distracted Driving Practices

Many states are responding to the increase in distracted driving accidents by taking legislative action. Today, 47 states currently have laws on the books that prohibit or limit distracted driving behaviors. This includes Florida, which has been named the “second-worst” state for distracted driving.

In 2016, there were approximately 5 distracted driving car accidents in Florida every hour. That’s more than 50,000 accidents in a single year. Those accidents caused 233 deaths and thousands of serious injuries. The majority of these accidents, deaths, and injuries were likely preventable. Florida’s distracted driving laws aim to “improve roadway safety” and prevent Florida car accidents “related to the act of text messaging.”

Under the state law, it is illegal to text and drive. Specifically, it is unlawful to drive while “manually typing” or “sending or reading data” on a mobile device. However, texting and driving is a secondary offense. As a result, you can’t get pulled over for texting and driving. Officers have to witness another traffic violation in order to stop your car. First violations are punishable by a fine of $30. Subsequent offenses carry harsher consequences.

The purpose of distracted driving laws is to reduce the number of fatal car accidents across the country. Distracted driving claims thousands of lives every year. Unfortunately, many of these deaths could have likely been avoided if drivers had simply put down the phone and concentrated on the road.

If you have been injured or lost a loved one because of a negligent distracted driver you may be entitled to compensation. It’s important to speak with an experienced personal injury attorney so that you can better understand your rights and options. Your attorney will help you fight to hold the distracted driver responsible and demand the money you deserve. Contact laventlaw.com for more help.

A 17-year-old Los Angeles man was killed when his motorbike collided with a car in on W. 92nd Street. The 17-year-old’s younger brother, who was also riding on the bike, was severely injured in the crash. While the cause of the accident is still under investigation, the boys’ family may have difficulty recovering compensation. It is illegal to operate the type of motorbike they were riding on Los Angeles streets. As a result, their actions may prevent the family from recovering money for their tragic loss.

How Does Comparative Fault Work in Los Angeles?

In California, anyone who contributes to an accident can be responsible for damages. This includes victims who are injured or die in the crash. However, fault will not automatically prevent victims from recovering compensation. As long as someone else is also to blame, it is possible to recover some damages. This is known as comparative fault.

In comparative fault states such as California, a victim’s damages are reduced by the degree to which they caused the accident. The more fault you share, the less money you’ll be able to recover.

Example #1. Jim is riding a motorized bike on a Los Angeles road and collides with another vehicle driven by Sam. It’s against the law for Jim to ride this kind of bike on the road. Sam was obeying all rules and driving carefully. Jim is entirely at fault for the accident. He will be prevented from recovering any compensation from Sam for his injuries.

Example #2. Jim is riding his motorized bike on a Los Angeles road and collides with another vehicle driven by Sam. It’s still illegal for Jim to ride this type of bike on the road. This time, however, the accident happens because Sam speeds through an intersection and tries to beat a yellow light. He clips Jim as he is passing through. Both men would likely be attributed some blame for this accident. If each man is 50 percent to blame, Jim would be able to recover 50 percent of his damages.

Example #3. Jim is riding his motorized bike on the sidewalk next to a busy Los Angeles road. As he is crossing at a marked intersection, Sam speeds through the light and hits him. This time, Jim was not in violation of the law. An investigation finds that Sam is entirely at fault. As a result, Jim can recover 100 percent of his damages from Sam.

Proving Comparative Fault of a Victim After a Fatal Crash

According to police, the 17-year-old Los Angeles man was illegally operating a motorbike on a Los Angeles road. Since he was breaking the law, his actions will likely be deemed negligent. When a victim’s negligence contributes to his or her own fatal accident, it can prevent their families from filing a successful wrongful death lawsuit.

If the family decides to file a lawsuit they will probably seek damages from the driver of the car who was involved in the crash. This driver, who will be named as the defendant, will likely argue that the comparative fault of the victim should minimize his liability. He may even try to argue that the victim’s own actions were entirely responsible for his death.

For this argument to be successful, the defendant would have to prove:

  1. The victim was negligent, and
  2. This negligence was a substantial factor in his own death.

If the argument is successful, the defendant’s liability will be reduced. Specifically, it will be reduced by the percentage of the victim’s responsibility.

The victim’s family will likely try to find any evidence or proof showing that the defendant was also partially responsible for the accident. This can allow them to recover at least some money for the tragic loss of their son.

 

Have you been injured in a Los Angeles accident? Are you struggling with a painful injury? Call our Los Angeles personal injury lawyers today to schedule a free case assessment.

Scooter Accidents On the Rise in Los Angeles

Scooters are taking over the country. In fact, 30 major cities across the United States, including Los Angeles, now have mass scooter rentals services in place. However, many California cities are taking steps to ban scooter programs and use until companies do more to protect riders. Los Angeles ER doctors report seeing a rise in the number of scooter accident victims. Face injuries and head injuries are among the most frequently reported.

Why are scooter accidents happening so frequently in Los Angeles? There are two primary answers: negligence and defective products.

Negligence and Scooter Accidents in Los Angeles

When you share the road in Los Angeles you have an obligation to use caution and prevent harm. This is true whether you’re driving, walking, or even riding a bike. When you rent a scooter in Los Angeles, you also assume the duty to use care. Unfortunately, many scooter accidents happen because individuals sharing the road are being negligent.

Negligence occurs when someone has and breaches a duty of care that is owed to another person. Liability for negligence can attach when negligence causes an injury. Negligence that may contribute to scooter accidents in Los Angeles include:

  • Drivers refusing to share the road with other vehicles
  • Distracted drivers, riders, and/or pedestrians
  • Intoxicated drivers, riders, and/or pedestrians
  • Poorly maintained roads and sidewalks
  • Scooter operators not obeying Los Angeles traffic laws and customs, or
  • Scooter operators not understanding how to use the vehicle safely.

Shared Fault: Scooter victims may be entitled to recover compensation even if they share fault for their accident or injury. For example, scooter riders who do not wear protective gear may share some of the blame for the extent of their scooter accident injury. If someone else is also to blame they can recover some compensation. The amount of compensation that rider can recover will depend on how much of the accident was their fault. If they share 25 percent of the blame they will only be able to recover 75 percent of their damages. (Compensation reduced by own degree of fault.)

Defective Products and Los Angeles Scooter Accidents

At least one Los Angeles scooter victim is blaming the scooter company for his injuries. The man, who suffered a broken jaw, a fractured wrist, and permanent hearing damage in an accident, says that a “mechanical failure” with the scooter caused his accident. He has filed a personal injury lawsuit against the company and is demanding compensation from them.

In California, companies must do everything in their power to make sure that the products they put on the market are safe. If you are injured because of a defective product, you may be able to hold the company that designed, manufactured, or sold that product. In most cases, companies can be held strictly liable for your injuries. This means that you do not have to prove that the company was negligent or knew about a danger. There are three primary types of defective product claims: design, manufacture, and failure to warn.

Design: Defective design means that the product’s defect is inherent in its design. Examples could include calling for the wrong materials or miscalculating an important measurement.

Manufacture: Manufacturing defect mean that a product’s design is safe, but that the product became defective when it was actually created. Examples could include using the wrong materials or forgetting to install certain components of the item.

Failure to Warn: Companies have an obligation to warn consumers about known or reasonably anticipated product dangers. This is why so many products have warning labels and educational inserts.

Damages Available to Scooter Victims in Los Angeles

In California, accident victims are typically entitled to request both economic and non-economic damages. This is true regardless of whether your scooter accident claim is based on negligence or product liability. Economic damages deal with your financial losses, while non-economic damages deal with more personal injuries. Commonly awarded damages include those for:

  • Medical bills
  • Pain and suffering
  • Emotional trauma
  • Lost wages
  • Temporary and/or permanent disability
  • Disfigurement
  • Embarrassment, and
  • Loss of enjoyment of life.

The specific damages you will be able to receive will depend on the type and extent of your injuries.

 

Are you struggling with a painful injury? Do you want to learn more about your legal rights as an accident victim? Call our Los Angeles personal injury lawyers today to schedule a free consultation.