Pedestrian Accident Lawyers in Los Angeles

Walking around 7^th Street can be chaotic. The narrow streets, confusing bike lanes, and crowded sidewalks can easily lead to a pedestrian accident. Sometimes, these accidents can lead to permanent changes that come with lengthy treatment or costly rehabilitation. Victims of pedestrian and car accidents often deal with costly medical bills, lost income, and emotional trauma. Not only do these accidents take a physical, emotional, and financial toll on victims, but also on their families.

If you find yourself injured after a collision with a vehicle of any kind, contact our experienced pedestrian accident lawyers in Los Angeles at Vaziri Law LLP, to schedule a free consultation.

Key Points

• Pedestrian accidents are often more fatal due to the constitutional difference between a vehicle and a person.
• Pedestrians often have the benefit of the doubt in an investigation unless evidence proves otherwise.
• Staying safe as a pedestrian requires active listening, visibility, and spatial awareness.
• A team of lawyers at Vaziri Law LLP is ready to help you get the compensation you deserve.

Pedestrian Protections

Under California law, motorists have a duty of care toward pedestrians. This means that motorists have a legal obligation to drive safely and ensure the safety of pedestrians and other drivers.

Duty of care not only applies to motorists, but also to pedestrians. Everyone on foot also has the responsibility to act safely. This means avoiding jaywalking in heavily congested areas, walking on freeways, and recklessly running out into the road.

The following are laws that protect pedestrians in California:

Crosswalk Laws

Under California Vehicle Code Section § 21950, motorists must stop and yield the right of way to pedestrians while walking in a marked or unmarked crosswalk. California Vehicle Code Section § 21970 prevents drivers from stopping in a crosswalk. While jaywalking is not a crime in California, it is still the pedestrian’s responsibility to ensure they cross a street when it is safe to do so.

Not all pedestrian accidents happen on a sidewalk, so you can still be eligible for compensation even if you were not walking on the sidewalk or using the crosswalk.

Sidewalk Usage

Pedestrians have the legal right to use sidewalks. Drivers must always yield to pedestrians at crossings and other marked crosswalks. This also applies when a driver pulls out of an alleyway or a parking lot.

Common Causes of Pedestrian Accidents

• Distracted driving. Many pedestrian accidents occur because drivers are distracted by their phones, navigation systems, or other electronic devices.
• Drowsy driving. Sometimes, exhausted people get behind the wheel after a long day or while on particular medication that may make them drowsy. This can make drivers less alert, and in some cases, cause them to fall asleep at the wheel.
• Speeding. Motorists who drive past speed limits have less time to react to pedestrians, especially in pedestrian-heavy areas. These collisions are more likely to result in severe and/or fatal injuries.
• Failing to yield at crosswalks. Traffic laws require drivers to yield to pedestrians at crosswalks. Violations of this rule are a common cause of accidents.
• Poor visibility. Accidents often happen in areas with poor visibility, such as at night, in bad weather, or when drivers fail to see pedestrians come out from behind blind areas. It’s recommended to wear reflective clothing and/or be in well-lit areas to reduce this risk.
• Alcohol and drug impairment. Drivers under the influence of alcohol or drugs are less likely to be aware of their surroundings and to drive safely. This makes it difficult for drivers to react to pedestrians.

How to Navigate a Pedestrian Accident

Getting into an accident can be nerve-wracking. Fortunately, documenting a pedestrian accident is a lot like documenting a vehicle accident. Follow these steps to get evidence to strengthen your claim.

1. Call 911. Report the accident immediately. Request both police and emergency medical services if there are any injuries.
2. Take photos. Take photos of the scene. This includes the accident aftermath, road conditions, street signs, and the overall area.
3. Collect videos (if possible). If you’re able to get dashcam footage or surveillance footage leading up to the accident, it can really help your case. Speaking to a pedestrian accident attorney within the first 48 hours after an accident can also help get surveillance footage.
4. Document the scene. Collect information from the people involved. This includes documents like a driver’s license, license plate number, car description, insurance policies, and information about any passengers.
5. Gather witness information. Collect contact information from any witnesses. Witness statements can strengthen your case by corroborating your account of the accident.
6. Seek medical attention. Many accident injuries do not manifest immediately. Even if you receive an initial check up at the scene, get a follow- up to assess your condition.
7. Report the incident to your insurance. Inform your insurance company about the accident. Remain cautious about the details you provide until you speak with an attorney.
8. 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.
9. Do not agree to an initial settlement. If an insurance company calls to present a settlement offer, do not take it and refer them to your attorney. This can help you prevent taking a low offer.

Common Injuries After Pedestrian Accidents

We see a variety of common pedestrian accident injuries. They include these common pedestrian injuries:

• Traumatic Brain Injuries. These injuries occur when the head strikes a hard surface. These brain injuries can range between concussions to severe brain damage.
• Broken bones. Pedestrians are more likely to suffer broken arms, legs, and/or hips due to the force of a vehicle.
• Spinal cord injuries. These injuries can lead to partial or complete paralysis.
• Lacerations and abrasions. Contact with a vehicle or the road can cause significant skin injuries.
• Internal injuries. The force of impact can cause internal bleeding and organ damage. These injuries require immediate medical attention and can be life-threatening.
• Psychological trauma. In the aftermath of an accident, pedestrians can develop PTSD, anxiety, or depression after an accident.
• Death. Due to the sheer weight, size, and velocity of a vehicle compared to the average pedestrian, direct contact between the two can lead to the passing of the pedestrian. If this happens, a wrongful death attorney can help file a claim.

Who Can Be Held Liable in a Pedestrian Accident?

Many drivers and pedestrians are often shocked to learn that vehicle accidents can be much more complicated than they initially thought. Depending on the vehicle someone is an accident with, some hidden third parties can also be held liable for the accident. However, this only comes to light during an investigation.

Here are a few examples of liable parties in a pedestrian accident lawsuit:

• Drivers. Negligent drivers can be held liable for causing an accident.
• Maintenance companies. In cases with a commercial vehicle, maintenance companies can be held liable for any failures in addressing vehicle repairs.
• Manufacturers. Manufacturers that outfit vehicles with faulty parts can be held liable via a defective product suit.
• Parents. In cases with children who ride e-bikes recklessly, parents can be held liable for any injuries.
• Government entities. If someone is struck by a government vehicle, you can file a claim against the department. Note that there are special rules when filing a case against the government.
• Shipping companies. If a shipping company overfills a truck with cargo that ends up falling onto the road, they can be held liable.
• Pedestrians. While most pedestrians have the right of way and protections in place, there are circumstances where a pedestrian can be held liable for the majority of the accident.

How Attorneys Determine Liability

Attorneys use evidence and expert knowledge to determine liable parties by referring to the four pillars of negligence.

1. Expectation of duty. All drivers are expected to provide a certain duty of care. This means that drivers and pedestrians must behave in a reasonable way.
2. Breach of duty. If an attorney can prove someone failed to meet their duty of care, they can be held liable for breaching their duty to keep the roads safe.
3. Causation. When looking at evidence, attorneys will find a link between an accident and the damage the event caused and use that to prove negligence.
4. Proof of damages. It’s not enough to create a link between the accident and injuries. There also needs to be evidence of injuries.

How Someone Can Be Found Liable

Breaching duty of care can implicate all parties in one way or another. The following are reasons why someone can be found liable for an accident and any injuries:

• A drowsy truck driver can close their eyes for a few seconds and steer off the road and hit someone.
• An e-bike cyclist can ride their bike on the sidewalk and hit someone.
• A driver, distracted by playing on their phone, fails to see a stop sign or a red light and hits a pedestrian or another vehicle.

If you find yourself needing legal representation, let our pedestrian accident lawyers pursue fair compensation on your behalf.

Factors Dictating the Value of Your Pedestrian Accident Claim

Every case is different. While all car accidents have some overlap, there are too many variables that can make a car accident more or less fatal.

• Severity of injuries. Severe injuries typically result in higher compensation due to increased medical costs, longer recovery times, and greater pain and suffering.
• Long-term effects. If injuries lead to long-term or permanent disability, compensation may include future medical expenses, long-term care costs, and loss of future earnings.
• Comparative fault. In California, all parties involved in an accident will be held liable for a percentage of the accident. Depending on the percentage split, someone can receive more or less money than they initially believed.
• Economic losses. Economic losses such as medical expenses, property damage, and lost wages are reimbursed. Detailed records and receipts are essential for proving these costs.

How to Stay Safe as a Pedestrian

Taking a walk around heavily congested areas isn’t a huge problem. For the most part, drivers maintain their duty of care. In the off chance you may feel nervous walking around, follow these steps:

1. Stay on the sidewalk. For the most part, the sidewalk is the safest place to be since it’s away from any big vehicles like trucks and cars.
2. Avoid jaywalking with heavy traffic and/or incoming cars. While jaywalking is no longer a big issue in California, pedestrians must still exercise caution. Cross the street at marked crosswalks, and if there aren’t any, wait until traffic ebbs out to safely cross the street.
3. Stay alert. While walking around with headphones on is common, try to keep the volume low enough to hear the sounds of the road. You never know when a car is zooming your way.
4. Look both ways before crossing the street. When crossing, make sure to look at your surroundings to determine if you’re able to cross safely.
5. Stay visible. When walking at night, make sure you’re visible through your clothes, by staying in well lit areas, and crossing at intersections protected by traffic lights.

Why Partner with a Pedestrian Accident Lawyers in Los Angeles with Vaziri Law LLP?

Our team at Vaziri Law LLP includes experienced and skilled attorneys, ready to help you get fair compensation. We maintain referral relationships with top specialists in medicine, accident reconstruction, and economics, ensuring every aspect of your claim is supported by credible expert testimony. Our adept lawyers will diligently negotiate in your stead, and we aren’t afraid to take your case to trial if necessary.

Review our pedestrian accident case results to see how we’ve helped past clients.

Personalized Focus on Your Case

We intentionally limit our caseload. We do this to ensure that every client we partner with receives direct attorney access. You won’t be handed off to a paralegal or left waiting days for a callback. When you have a question about a settlement offer, a deposition, or a court date, you’ll directly speak with the lawyer managing your case.

Our Fees

We work on a contingency fee. This means we cover any and all upfront costs when taking your case. We only collect a fee if we win your case. This fee is usually between 30% and-40% of your compensation. When partnering with your attorney, make sure to confirm the rate before signing any official paperwork.

How We Navigate a Pedestrian Accident Case

Every case is different, but understanding the typical stages helps you know what to expect. At Vaziri Law LLP, our low caseload model means you’re never left wondering what’s going on with your case. This is how our process for the average case goes:

1. Free consultation and case evaluation. Your first conversation with us is confidential and costs nothing. We’ll review the circumstances of the accident, identify potential defendants, and explain your legal options.
2. Investigation and evidence gathering. Once you retain us, we immediately begin securing evidence. We obtain police reports, 911 recordings, autopsy records, and hire experts to analyze crash dynamics, review treatment, and calculate damages and losses.
3. Filing the claim and probate coordination. We draft and file the wrongful death case, and a survival action if applicable, with the Los Angeles Superior Court.
4. Discovery. In this phase, we exchange information with the other attorneys. This includes written questions, documents, and depositions.
5. Mediation and negotiation. Once everyone has the evidence, mediation begins. All parties begin to negotiate fair compensation on their client’s behalf.
6. Settlement or trial. If settlement negotiations succeed, the process is finalized. If not, we go to trial and make our case there.

It’s important to note that it is very rare when an accident case goes to trial. In most cases, the parties tend to seek a quiet settlement payment and move on. If you do go to trial, your attorney will let you know and prepare you for court well in advance.

Frequently Asked Questions

Who is Usually at Fault in a Pedestrian Accident?

That depends on the events that lead to the crash. Usually it’s the vehicle; however, there are cases where the pedestrian is at fault. Every case is different, so it’s best to consult a pedestrian accident lawyer to learn about your case.

Can I Claim Damages If I was Partially at Fault in a Pedestrian Accident?

Yes. California’s comparative negligence laws make it possible for people to recover compensation. Even if someone is responsible for 80% of an accident, they can still recover 20% of damages.

What Happens When the Driver is Uninsured?

If you’re hit by a driver without insurance or a hit and run driver, there’s no need to panic. In California, uninsured/ underinsured motorist (UM/UIM) coverage is a part of the average insurance plan. This clause in your insurance plan will cover the damages due to accidents with UM/UIM and hit and run drivers.

What Do I Do if the Driver Fled the Scene?

If you’re struck by a driver who leaves the scene, try to collect as much information as possible and call the police. Provide them with the details you jotted down and any other details about the vehicle’s direction. Try to get witness statements, contact information, and file a report with the police. This is a key step in getting UM/UIM insurance coverage.

How Common are Pedestrian Fatalities?

Unfortunately, pedestrian fatalities in California are quite common. California maintains the highest rate of pedestrian fatalities in the country – more than 25% higher on average than any other state. According to the California Office of Traffic Safety (OTS), pedestrian fatalities dropped about 8.8% between 2022 and 2023, thanks to intensive efforts to improve pedestrian safety in California.

How Long Do I Have to File a Case?

In most cases, you can file a pedestrian accident case up to two years after an accident. In cases involving a government vehicle, you have 6 months or else your case will be considered void. It’s recommended to file your case soon after an accident because it gives your attorney the opportunity to preserve evidence before it’s destroyed.

Can I Recover Compensation If the Accident was Fatal to a Family Member?

According to California law, only certain people can file a wrongful death case after a loved one passes due to an accident. Eligible candidates include surviving spouses, children, stepchildren, wards, and other dependent family members.

Is there a Standard Compensation I Can Recover?

No. On the surface, pedestrian accidents may look the same. However, upon an investigation, attorneys learn that accidents can become more complex due to unexpected revelations, surprise third parties, and the extent of a person’s injury.

Is there a Max Compensation I Can Recover?

No. In most cases, there is no limit to the amount of money you can recover in a pedestrian case. The only exception is medical damage.

A doctor’s goal is to help you recover as much as you can. However, there is only so much treatment can do. Once you reach the point where medical assistance will not help you, Maximum Medical Improvement (MMI) applies.

What is MMI?

MMI marks the end of your ongoing medical treatment and shifts the focus to how the injuries you sustained will affect you in the future. It sets up the basis for you to become eligible for permanent disability benefits, if needed. Doctors will rate the lasting effect the injuries you’ve recovered from will have on you for the rest of your life on a scale from 0-100, with 100 signifying complete disability.

This is used as the basis to start determining how much money you can receive from social programs like Social Security and adds to your compensation package.

Contact us Today!

You don’t have to navigate the aftermath of an accident by yourself. Our team at Vaziri Law LLP is here to answer your questions, protect your rights, and fight for the compensation your family deserves. We’ve secured verdicts and settlements for our injured pedestrians and clients, adding up to millions of dollars.

We offer free consultations, and we’re available by phone, text, or online. Call us, text us, or fill out our contact form to schedule your confidential case evaluation today.