Pedestrian accidents are a common, everyday occurrence in Los Angeles. They result in pedestrian deaths and major, if not catastrophic, injuries for pedestrians. Even when pedestrians survive these collisions, they are left with disabling, debilitating injuries for which they may need to undergo lengthy treatment or costly rehabilitation.
Victims of pedestrian and car accidents often deal with costly medical bills, lost income, and emotional trauma. These accidents take a physical, emotional, and financial toll not just on victims but also on their families. At the Vaziri Law Group, we help injured pedestrian accident victims understand their legal rights and options.
Pedestrians can suffer serious injuries, so always see a doctor first. Then, contact our experienced Los Angeles pedestrian accident lawyer to schedule a free case consultation.
Table Of Contents
- Our Los Angeles Pedestrian Accident Lawyer Explains Pedestrians' Rights
- Common Causes of Pedestrian Accidents
- What Should You Do After a Pedestrian Accident
- Common Injuries We See in Pedestrian Accidents
- Proving Pedestrian Accident Claims
- Factors Dictating the Value of Your Pedestrian Accident Claim
- FAQs
- Contact Our Los Angeles Pedestrian Accident Lawyer To schedule a Free Case Consultation.
Our Los Angeles Pedestrian Accident Lawyer Explains Pedestrians' Rights
Under California law, motorists have a duty of care toward pedestrians. This means they have a legal obligation to drive reasonably safely and ensure the safety of pedestrians.
Here are some of the important laws that protect your rights as a pedestrian crossing someone in Los Angeles and California:
Crosswalk laws
Under California Vehicle Code Section 21950 (a), motorists must stop and yield the right of way to pedestrians while walking in a marked or unmarked crosswalk. Vehicle Code Section 21970 prevents drivers from stopping in a crosswalk, thereby preventing pedestrians from using the crosswalk.
Remember, you can seek compensation even if you were not walking in a crosswalk during the accident. You still have the right to take legal action.
Use of sidewalks
Pedestrians have the legal right to use sidewalks unimpeded. The driver must always yield to pedestrians whenever a other motor vehicle is crosses a sidewalk. This is also true when a driver pulls out of an alley or parking lot. In such cases, drivers should yield to pedestrians as well.
Right to use the road safely.
The law also states that pedestrians have a responsibility to make motor vehicle drivers act safely. However, all pedestrians have the right to walk in areas designated for pedestrians in a safe manner. A driver is said to have violated the pedestrian's rights when he or she operates recklessly, negligently, or dangerously. In such cases, drivers may be held financially liable for their negligence.
Common Causes of Pedestrian Accidents
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Distracted driving. Many pedestrian accidents occur because drivers are distracted by their phones, navigation systems, or other electronic devices. This lack of attention means drivers may only see pedestrians on crosswalks or on the roadside after it is too late.
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Speeding. Drivers who exceed speed limits have less time to react to pedestrians, especially in urban areas where pedestrians are more common. High-speed collisions are more likely to result in drastic or fatal pedestrian injuries.
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Failing to yield at crosswalks. Even though laws require drivers to yield to pedestrians at crosswalks, violations of this rule are a common cause of accidents. Drivers who ignore these laws endanger pedestrians legally crossing the road.
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Poor visibility. Accidents often happen in poor visibility conditions, such as at night or during bad weather, when drivers may only see pedestrians once it's too late. Adequate lighting and reflective clothing can mitigate this risk but are not foolproof.
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Alcohol and drug impairment. Drivers under the influence of alcohol or drugs are less likely to be aware of their surroundings, making it difficult to react appropriately to pedestrian movements. Impaired driving remains a leading cause of all road accidents involving pedestrians.
What Should You Do After a Pedestrian Accident
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Ensure safety. Move to a safe place if you can. Avoid further injury by staying clear of traffic or other hazards.
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Call 911. Report the accident immediately. Request both police and emergency medical services if there are any injuries.
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Document the scene. Take photos of the accident scene, including vehicle positions, skid marks, street signs, and the immediate area. This documentation can be essential for your claim.
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Gather witness information. Collect contact information from any witnesses. Witness statements can strengthen your case by corroborating your account of the accident.
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Seek medical attention. Even if you feel fine, some injuries, like internal injuries or concussions, might not be immediately apparent. A medical professional can assess your condition.
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Report the incident to your insurance. Inform your insurance company about the accident, but be cautious about the details you provide until you speak with an attorney.
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Consult with a pedestrian accident lawyer. Contact an experienced pedestrian accident lawyer who can advise you on the next steps and help protect your legal rights.
Common Injuries We See in Pedestrian Accidents
We see a variety of common pedestrian accident injuries. They include these common pedestrian injuries:
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Traumatic Brain Injuries. These injuries can range from mild concussions to grievous brain damage. Brain injuries often result from the pedestrian's head striking the vehicle or the ground.
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Broken bones. Pedestrians may suffer broken legs, arms, or hips due to the force of the crash. Recovery can involve surgery, casting, and physical therapy.
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Spinal cord injuries. These injuries can lead to partial or complete paralysis. The trauma can damage vertebrae or sever the spinal cord.
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Lacerations and abrasions. Contact with the vehicle or road can cause significant skin injuries. These injuries may require stitches and can lead to infection if not properly treated.
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Internal injuries. The force of impact can cause internal bleeding and organ damage. These injuries require immediate medical attention and can be life-threatening.
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Psychological trauma. Beyond physical injuries, many pedestrians suffer from PTSD, anxiety, or depression after an accident. Mental health support and counseling may be needed.
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Death. Unfortunately, pedestrian accidents can sometimes be fatal due to the extreme jolt and vulnerability of the pedestrian. We can handle damages caused by wrongful death on your behalf.
Contact us today if you have been involved in a serious pedestrian collision or car accident.
Proving Pedestrian Accident Claims
It is wrong to think that a driver who hits you will be held automatically liable for your losses or serious injury. As the plaintiff in a personal injury case, the burden of proof is on the injured pedestrian. An accident victim must prove that the driver was at fault or negligent.
Here are a few examples of negligence in a pedestrian accident lawsuit case:
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A truck driver strikes a pedestrian legally walking in a crosswalk while texting and driving.
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A bicyclist under the influence of alcohol strikes a pedestrian.
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A speeding driver loses control of the vehicle, cannot stop the vehicle in time, and strikes the pedestrian.
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A reckless motorcycle rider runs a red light and strikes another vehicle, and the crash causes one or both vehicles to strike pedestrians.
Let our pedestrian accident attorney pursue fair compensation on your behalf.
Factors Dictating the Value of Your Pedestrian Accident Claim
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Severity of injuries. More severe injuries typically result in higher compensation due to increased medical costs, longer recovery times, and greater pain and suffering.
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Long-term effects. If injuries lead to long-term or permanent disability, the compensation may include future medical expenses, long-term care costs, and loss of future earnings.
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Contributory negligence. If the pedestrian contributed to the accident, compensation could be reduced. California's comparative fault law may adjust the claim based on the pedestrian's degree of fault.
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Economic losses. Documented economic losses such as medical expenses and lost wages are reimbursed. Detailed records and receipts are essential for proving these costs.
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Quality of legal representation. The experience and skill of your attorney can notably affect your claim's outcome. An adept lawyer will negotiate diligently and isn't afraid to take your case to trial if necessary.
Evidence Needed To Support Your Claim
You will need evidence from the scene to support your pedestrian accident claim, including photos and videos, witness statements, and police reports. Medical records are crucial for personal injury claim, documenting injuries and treatment. Your attorney will also gather evidence of the driver's potential negligence, such as cell phone records or surveillance footage.
FAQs
Who is usually at fault in a pedestrian accident?
The driver is usually at fault for not yielding the right of way, speeding, or other negligent driver behaviors. However, pedestrians can also be partly at fault if they are jaywalking or not paying attention.
Can I claim damages if I was partially at fault in a pedestrian accident?
Yes, you can still claim damages even if you were partially at fault in pedestrian accident lawsuits since California follows a comparative fault rule, though your percentage of fault will reduce your compensation.
What should I do if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you can turn to your own uninsured motorist coverage if you have it. If not, your attorney can explore other avenues for compensation, such as suing the driver directly.
Can I recover compensation if the accident was fatal to a family member?
Yes, if a family member died in a pedestrian accident, you could file a wrongful death lawsuit to recover damages for medical costs incurred before death, funeral expenses, lost future income, and loss of companionship.
Contact Our Los Angeles Pedestrian Accident Lawyer To schedule a Free Case Consultation.
If you have been injured in a pedestrian accident, it would be in your best interest not to take the first offer from the insurance company. Never rush into a settlement. You might regret it later. Our Our team of experienced Los Angeles pedestrian accident lawyers at the Vaziri Law Group consists of skilled negotiators and litigators with a reputation for success. We have handled all types of personal injury lawsuit and pedestrian accident cases. Let us go to work for you.
We've secured verdicts and settlements for our injured pedestrians and clients, adding up to millions of dollars. If you have suffered severe injuries in a Los Angeles pedestrian accident, call us at (310) 777-7540 for a free consultation and comprehensive case evaluation.