Los Angeles Pedestrian Accident Lawyer
Los Angeles Pedestrian Accident Attorney
Los Angeles’ dense urban infrastructure presents many potentially dangerous situations for pedestrians. When a car or truck fails to yield the right of way for a pedestrian or veers outside their lane, the consequences can be catastrophic for injured bystanders. Injured victims have the option of hiring a Los Angeles pedestrian accident lawyer who can hold the at-fault driver accountable for their actions in the form of seeking financial compensation for any resulting damages.
Common Causes of Pedestrian Accidents
Los Angeles drivers have a duty and responsibility to take precautions to avoid hitting pedestrians, and pedestrians are responsible for following applicable pedestrian safety laws. When a car fails to follow traffic laws, the driver can be held accountable for any bodily injury they cause to the innocent bystander. There are many potential causes of pedestrian accidents, but some are more common than others.
- Driver Distraction: Distracted driving is a leading cause of car accidents. Anytime a driver takes their eyes off the road, removes their hands from the wheel, or focuses on tasks other than driving, they can greatly increase the chances of a car collision. The driver might be distracted by their phone, GPS, or other in-car activities. This can cause them to veer into a sidewalk. Distracted driving could also be the reason they do not notice the pedestrian at an intersection.
- Pedestrian Jaywalking: Although most states have laws against jaywalking, it is a common practice across the country. Pedestrians crossing the street outside of designated crosswalks or suddenly entering the roadway can surprise drivers. Even when the pedestrian was crossing outside of a walkway, it can be worth consulting with an attorney to see if the driver is still at fault.
- Poor Visibility: Low visibility conditions such as fog, heavy rain, or poorly lit streets can make it difficult for drivers to see pedestrians. Pedestrians are harder to see at night. In general, it is recommended that pedestrians take extra precautions when driver visibility is impeded due to the weather or other conditions.
- Speeding: Excessive speeding can increase the chances that a driver hits another vehicle or a pedestrian. Driving at high speeds reduces the driver’s reaction time. It also increases the stopping distance, which can make it more difficult to avoid a pedestrian.
- Impairment: Driving under the influence in California is a serious crime. Drivers under the influence of alcohol, drugs, or medications may have impaired judgment or delayed reaction times. This can reduce the stopping window, leading to accidents with pedestrians.
- Failure to Yield: Drivers failing to yield to pedestrians at crosswalks, intersections, or other pedestrian-priority areas can result in accidents. In some cases, a driver may run a red light and hit a pedestrian in the process.
The types of injuries that pedestrians can suffer following a collision with a car are often catastrophic. They frequently require emergency medical attention. Broken bones, lacerations, traumatic brain injury, and other injuries can lead to short- or even long-term disabilities. To cover the expenses of medical treatments, injured pedestrians can hire a personal injury lawyer to collect compensation from the at-fault driver.
What Can a Personal Injury Attorney Do for Me?
Multiple parties may conduct an investigation following a collision between a vehicle and a pedestrian. The insurance company of the at-fault driver has an interest in determining who caused the accident. Since California is an at-fault state when it comes to automobile accidents, the individual who caused the accident is financially liable for the physical damage and bodily injury they caused.
The police officer or officers who respond to the accident will generate a police report. The details in that report could be used to determine fault. One important job for a personal injury lawyer is to investigate the case to determine who is at fault or partly at fault for causing the accident. They will do this by:
- Reviewing Evidence: Your personal injury lawyer can review police reports, video footage, photos, witness statements, and other forms of evidence to piece together the details of the accident. This often requires an understanding of the events that led up to the accident.
- Investigating the Accident: Determining fault could require spending time at the scene of the accident. Your lawyer can analyze skid marks, damage to vehicles, and other physical evidence.
- Traffic Laws: Once your lawyer has an idea of what happened before and during the accident, they can assess whether any traffic laws were violated by the driver. Speeding, failure to yield, and other violations can help establish fault.
- Assessing Liability: Personal injury lawyers have a comprehensive understanding of the state’s personal injury laws. They can evaluate the actions and behaviors of both the driver and the pedestrian to determine if negligence or recklessness caused the accident.
- Consulting Experts: As part of the investigation, a personal injury lawyer can consult accident reconstruction experts, medical professionals, and other knowledgeable parties. These professionals can provide insights into what caused the accident and the extent of injuries.
- Comparative Negligence: California’s personal injury courts follow a practice known as comparative negligence. Under the principle also known as comparative fault, the courts can consider the degree of fault assigned to each party and how it impacts the ability to recover damages.
- Negotiating With Insurance Companies: Personal injury lawyers can communicate with the insurance companies involved to negotiate a fair settlement. While insurance companies are often inclined to minimize the amount of any settlement, an attorney can push for a fair settlement based on their assessment of fault and the damages suffered by the pedestrian.
- Litigation: If a fair settlement cannot be reached, they may file a lawsuit on behalf of the pedestrian and present their case in court, relying on the evidence gathered to establish fault and pursue appropriate compensation.
Even when the at-fault party’s insurance denies responsibility for the accident, what may ultimately matter is what the court determines. The legal standard for proving a civil case is known as the preponderance of the evidence. This means that your lawyer must show through evidence that your argument is more likely to be true than the defendant’s.
What Can I Receive Compensation For?
If another party is clearly at fault for your pedestrian accident, your personal injury lawyer can help you hold them accountable for all the economic damages you have suffered. Economic damages can include:
- Pain and Suffering: Personal injury plaintiffs can seek compensation for pain and suffering. There is no cap on the amount. The attorney will base these damages on the severity of the injury and potential future medical issues.
- Medical Treatment: Pedestrian accidents can lead to catastrophic injuries for pedestrians. Any costs incurred by the plaintiff to recover from their injury and manage symptoms during recovery are important to include. Many pedestrian accident victims require significant and ongoing care.
- Lost Income: Serious accidents very likely mean that the injured pedestrian cannot immediately return to work. A personal injury attorney can add up the lost income from missed time at work as part of the settlement process. If the injured pedestrian becomes disabled due to the car collision, their attorney can add the plaintiff’s lost future earning capacity. In many cases, this can be a considerable figure.
- Property Damage: Personal injury cases and negotiations with the at-fault party’s car insurance company can account for damage to the plaintiff’s personal property.
A pedestrian accident lawyer can help clients calculate immediate and future economic damages as a means to maximize financial recovery. A pedestrian accident claim can be worth much more than the plaintiff initially realizes. Having an experienced attorney greatly increases the chances of maximizing recovery.
The Automobile Claim Process
Following a pedestrian accident, the first source of compensation is often the insurance company belonging to the at-fault driver. Under state law, car insurance companies have 40 days to deny or accept your claim.
Your lawyer can handle the car insurance negotiation process for you. Insurance companies are in the business of making profits, and many may try to minimize the settlement they pay. If a representative from the at-fault driver’s insurance company tries to contact you, refer them to your attorney. They may try to trick you into saying something that weakens your claim, or they may try to deceive you into accepting an unfavorable settlement offer.
California’s car insurance laws only require drivers to maintain liability insurance that pays an amount that can easily run out when someone is injured or killed in an accident. Considering how expensive medical treatments are, this amount often fails to cover the expenses that a victim incurs following a pedestrian accident in Los Angeles.
To ensure you receive the compensation you deserve, your attorney can take direct legal action against the driver. This can be done by sending a demand letter to the defendant. The demand letter usually includes a description of the facts of the case and a settlement offer. The defendant can pay the settlement, make a counteroffer, or ignore the letter.
If the defendant does not offer to pay a fair settlement, your lawyer can file a lawsuit in the court that has jurisdiction over the case. The defendant will be served copies of the complaint. That starts a period of fact-finding known as discovery. During this period, both sides can ask the other side for information that is relevant to the case.
Throughout the discovery period, both sides often continue negotiation talks. Most cases are settled through negotiation. When negotiation fails to resolve the dispute, the case can go to trial, where a judge or jury will decide the merits of the case and award compensation if the plaintiff’s arguments win out.
Pedestrian Accident Lawyer FAQs
Q: How Much Do Accident Attorneys Charge in California?
A: Most personal injury lawyers work on a contingency fee basis. This means that they are not paid until their clients are paid. The percentage that is given to the attorney is negotiated and agreed upon early in the case. Representing a client in a personal injury case often requires extensive investments of time and resources on the part of the law firm.
Q: What Happens if You Hit a Pedestrian in California?
A: If you hit a pedestrian in California, you could potentially face criminal and civil consequences, depending on the circumstances of the accident. Even if criminal charges are not filed, the injured pedestrian can seek compensation from your insurance company. The pedestrian may hire an attorney to sue you for causing the accident.
Q: Should I Get a Lawyer for a Car Accident That Wasn’t My Fault in California?
A: If you are involved in a car accident that was not your fault, there are many benefits to hiring an attorney. Your lawyer can negotiate a favorable settlement on your behalf with the insurance company that belongs to the at-fault driver. In some cases, an attorney can take direct legal action against the driver by filing a lawsuit on behalf of the injured party.
Q: Do Pedestrians Always Have the Right of Way in California?
A: Pedestrians do not always have the right of way. Drivers and pedestrians are expected to take reasonable precautions and follow traffic laws. When an accident occurs, it may be entirely the driver’s fault or at least partly the driver’s fault. Pedestrians who are hit by a vehicle often have a legal claim to compensation for their injuries.
Q: How Do Attorneys Prove Fault Following an Accident?
A: Attorneys prove fault by understanding applicable laws and presenting evidence that shows their client is the victim of the defendant’s actions. Personal injury lawyers review evidence, question witnesses, and visit the scenes of accidents to gain a thorough understanding of what led to an accident. Proving fault in civil court means demonstrating that a preponderance of evidence shows that the plaintiff’s argument is the most likely to be true.
Schedule Your Pedestrian Accident Consultation Today
You do not have to deal with the financial consequences of someone else’s negligent driving. With the right attorney, you can hold the at-fault party accountable for their actions. At Shaffer Law, we have represented many clients who were seriously injured due to someone else’s reckless driving. We understand the state’s insurance and personal injury laws.
We will tirelessly work and fight to maximize any settlement offers that are made. Let us do the work while you focus on recovery. To schedule your consultation, contact our office today.
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