Los Angeles Pedestrian Accident Attorney
As a pedestrian, you have the right to walk safely on California's roads, sidewalks, and crosswalks. However, the stark reality is that every year, thousands of pedestrians suffer serious injuries, some even fatal, due to the negligence of others. This prevalent issue demands immediate attention.
California's pedestrian fatality rate, which is approximately 25 percent higher than the national average, serves as a stark reminder of the widespread occurrence of pedestrian accidents. Distracted driving, a leading cause, significantly contributes to this alarming statistic.
The Los Angeles area, in particular, witnesses a significant number of pedestrian fatalities, ranging between 200-300 each year. Pedestrian accidents often involve devastating injuries, emotional trauma, and overwhelming financial burdens, underscoring the need for immediate legal assistance.
Despite the lasting impacts of injuries caused by pedestrian accidents, California law firmly upholds the rights of victims to seek financial compensation from responsible parties, even in cases of shared fault.
This legal protection can provide a sense of reassurance and encourage victims to seek the assistance they deserve.
This legal protection not only provides a sense of reassurance but also encourages victims to seek the assistance they deserve, knowing that the law is on their side.
Pedestrians hit by a car in California can sue the driver for negligence to cover their medical bills, lost wages, and pain and suffering.
Suppose the pedestrian dies. In that case, their family can sue the driver for wrongful death to recover funeral expenses and loss of support.
Notably, drivers are usually to blame in pedestrian knockdown accidents, but pedestrians do not always have right-of-way. For example, suppose a car hits you while you are jaywalking. In that case, you can still sue the driver for failing to swerve, but the court will reduce your monetary damages in proportion to your degree of fault.
Under California law, the term 'pedestrian' encompasses a wide range of individuals, including walkers, roller-skaters, roller-bladers, skateboarders, and people in wheelchairs. This broad definition ensures that all individuals using the roadways are protected and have legal rights in the event of an accident.
In California, pedestrians have the right-of-way only at marked and unmarked crosswalks at intersections. Even so, vehicles approaching jaywalkers must exercise due care by doing everything possible, such as yielding right of way, to avoid hitting them.
If you or a loved one have been injured in a pedestrian accident, choosing the right personal injury attorney can make a huge difference in the outcome of your case. At Injury Justice Law Firm, we recognize the challenges that pedestrian accident victims face and can help you get the full compensation the law allows.
What are the Common Causes of Pedestrian Accidents?
Pedestrian accidents have a variety of causes, and understanding these factors can help clarify who may be at fault. Below are some of the most frequent causes:
- Distracted Driving: Drivers who are texting, eating, or otherwise inattentive are less likely to notice pedestrians, leading to devastating collisions. Distracted driving remains a leading cause of accidents on California roads.
- Failure to Yield: Many pedestrian accidents occur when drivers fail to yield at crosswalks, intersections, or other areas where pedestrians have the right of way. Whether due to impatience or inattentiveness, this failure often has tragic results.
- Reckless Driving and Speeding: Excessive speed significantly escalates the risk of pedestrian accidents. A speeding vehicle may be unable to stop in time to avoid a pedestrian or misjudge the time needed to brake safely.
- Driving Under the Influence (DUI): Drivers impaired by drugs or alcohol often make poor decisions and have slower reaction times, putting pedestrians in extreme danger.
- Poorly Maintained Roadways or Sidewalks: Local governments and property owners are responsible for maintaining safe road conditions. Factors such as broken sidewalks, inadequate lighting, and malfunctioning traffic signals can all contribute to pedestrian accidents.
- Backing-Up Accidents: Drivers who fail to check their surroundings while reversing, especially in busy parking lots or residential areas, can strike pedestrians who may not be visible immediately.
- Weather and Visibility Conditions: Adverse weather or low visibility, such as rain or nighttime conditions, can increase the risk of accidents. However, drivers are still expected to take extra precautions in such scenarios to avoid harming pedestrians.
What are Common Injuries in Pedestrian Accidents?
The human body has little protection against the force of a vehicle, which means that pedestrian accidents frequently result in severe injuries or death. Some of the more common injuries include:
- Traumatic Brain Injuries (TBIs): Head impacts can lead to concussions, skull fractures, or brain trauma, which may cause long-lasting cognitive or neurological impairments.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, leading to significant lifestyle changes and mounting medical expenses.
- Bone Fractures: Broken bones, especially in the legs, ribs, or arms, are common in pedestrian accidents. Some fractures are complex and may require extensive surgeries to heal.
- Internal Injuries: The impact of a vehicle can damage internal organs, causing life-threatening complications like internal bleeding.
- Soft Tissue Injuries: Torn ligaments, sprains, and strains can limit mobility and require prolonged rehabilitation.
Determining Fault in a Pedestrian Accident
Establishing liability in a pedestrian accident case can be complex, as it often depends on the specific circumstances of the incident. Under California law, determining who can be held responsible hinges on several factors:
- Driver Negligence: When a driver is found to have breached their duty of care-by speeding, texting, or failing to yield-they may be held liable for the accident.
- Pedestrian Behavior: While drivers bear significant responsibility for road safety, pedestrians are also expected to follow traffic laws. For instance, crossing a street outside a designated crosswalk or darting into traffic may complicate a liability case.
- Third-Party Liability: Liability may not rest solely with the driver. For instance, a municipality may be held accountable for poorly maintained roads or a lack of signage. Similarly, vehicle manufacturers may be at fault if a mechanical defect causes the driver to lose control.
- Evidence of Violation: Demonstrating negligence often requires analyzing evidence, such as police reports, eyewitness accounts, traffic camera footage, and expert testimony. Identifying violations, like running a red light or failing to stop at a crosswalk, is essential to building a case.
If you are hit in California by a car, motorcycle, bicycle, or e-scooter, you can sue the driver for negligence. Most lawsuits settle, but should your case proceed to a trial, you would have to prove the following:
- The driver owed you a duty of care,
- The driver breached that duty of care, and
- The driver's negligence was a substantial factor in causing your injury.
To prove the driver was at fault for the accident, our catastrophic injury attorneys rely on such evidence as surveillance video, GPS data, accident reconstruction expert testimony, and medical expert testimony.
Some of the most devastating pedestrian accidents involve drivers hitting schoolchildren. These accidents typically occur when drivers fail to slow down to 25 mph within 500 feet of a school while children are outside. They also occur when they fail to follow the school crossing guard's directions or fail to stop when a school bus flashes its yellow or red lights.
What If You Are At Fault?
In all fairness, pedestrians don't always act safely. Distractions such as cell phones, noise-canceling headphones, or a simple lack of awareness of one's surroundings can cause pedestrians to put themselves in harm's way. If your behavior contributed to the accident, can you still collect compensation?
In most cases, the answer is yes. California is a pure "comparative negligence" state, which means that even if a pedestrian shares some responsibility for the accident, it doesn't negate a driver's duty of care or the responsibilities of others.
Thus, you can still recover damages, but your compensation will be reduced in proportion to your level of fault. For example, if an investigation determines you to be 20% at fault for the accident, your recovery amount would be reduced by 20%.
While comparative negligence can work in a pedestrian's favor, determining fault can become more complicated, especially when insurance companies, with their agendas, are trying to pay as little as possible.
At Injury Justice Law Firm, our skilled catastrophic injury attorneys work to preserve evidence, investigate the facts thoroughly, consult with experts, and leverage our knowledge of the law to get you all the compensation the law allows for your accident.
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