Right to Compensation for Pedestrian Accident Victims
Pedestrian accidents can cause devastating injuries.
If you were injured in a pedestrian accident in California, you may be eligible to be compensated for your injuries and other losses.
You can either file a Pedestrian Accident Claim with the driver’s insurance company or file a Personal Injury Lawsuit in a civil court.
If you file a claim with the driver’s insurance company, the negotiation and settlement process can be time-consuming. It will be difficult to navigate through the claim process without assistance from an experienced Pedestrian Accident Lawyer. The claims adjuster from the insurance company will try to settle your claim for as little amount as possible. They persuade you to give up your rights to sue the driver in court in exchange for your settlement amount.
The best way to get the compensation you deserve is to approach an experienced Personal Injury Attorney and file a Personal Injury Lawsuit.
Why do I need a Personal Injury Attorney?
In order to win a pedestrian accident lawsuit based on negligence, the following elements have to be proved by a preponderance of the evidence:
- Duty: There is always a duty for a driver to exercise reasonable care toward pedestrians on the roadway.
- Breach of duty: The defendant must have failed to act with the required level of care. If a driver breaks a traffic law and hits a pedestrian, the court will consider that as a breach of duty.
- Cause-in-fact: The injured pedestrian has to prove that the driver actually caused the injury.
- Proximate cause: The driver can only be held responsible/ liable for the harms that were foreseeable as a result of the collision/accident.
- Damages: The injured pedestrian has to show that the accident caused them to suffer legally recognized harm such as bodily injury, financial loss, or property damage.
Statute of Limitations (Timeline) for filing a Pedestrian Accident Lawsuit:
In California, you have 2 years from the date of the accident to file a Pedestrian Accident Lawsuit. The time taken to resolve the claim depends on the severity of the injuries and the complexity of the legal issues involved.
How Can a Personal Injury Lawyer help me with my Pedestrian Accident Claim?
An experienced Personal Injury Lawyer offers you the best chances at succeeding in your pedestrian accident claim. Our attorney will gather all the evidence to present the best case possible, relieving you of all the stress of navigating the insurance claim, negotiation, and settlement process.
Contact LA Injury Attorneys and get your case Evaluated for Free with one of our experienced Personal Injury Attorneys. Get the compensation you deserve! Do not settle for less.
What You Need to Know About Pedestrian Accidents
There are thousands of pedestrian accidents every year. Those who do survive a pedestrian accident are often left with severe and debilitating injuries, not to mention extensive emotional scars and the financial burden of doctor and hospital bills.
More people are walking to work throughout California. Others walk to school or for shopping. Still other pedestrians are out walking for exercise. While medical experts talk about the benefits of walking, it has become more dangerous. The statistics are disheartening:
- California roadways saw an increase of 26 percent of pedestrians killed from 2014 to 2018.
- Almost 7500 pedestrians have died between 2009 and 2018 due to injuries from being hi on the road.
- In 2018 alone, nearly 900 pedestrians were killed on roadways in California.
- California has the highest rate of pedestrian deaths in the US.
- The pedestrian fatality rate is nearly 25 percent higher in California than the national average.
Many factors influence the likelihood of injury and the severity, such as the speed of the vehicle, how much traffic there is, and the type of vehicle involved. The physical environment must be considered as well, such as the lack of crossing devices and poorly timed signals. Weather can play a role as well as pedestrian behavior. To prove your claim, an experienced attorney will consider all these factors.
The Most Common Injuries in a Pedestrian Accident
Because you have nothing to protect you in a collision with a vehicle, injuries are usually serious in a pedestrian accident and often fatal. Head and brain injuries occur even if the vehicle is going at a slow speed. Soft tissue injuries occur when the muscles, ligaments, and tendons are damaged. Internal injuries can lead to organ damage and internal bleeding, which can be fatal. Spinal injuries can cause paralysis, either temporary or permanent.
After an incident, the pedestrian’s injuries will be described as either primary or secondary. The primary injury comes when the vehicle hits the pedestrian, at the point of impact. If the car hits the person’s leg and causes a break, a broken leg is the primary injury. Secondary injuries occur after the initial impact. The person may break their wrist when they fell to the ground, which would be a secondary injury. Broken bones are common as secondary injuries, along with lacerations, burns, road rash, and bruises.
Costs of a Pedestrian Accident
Expenses can add up if you’ve been hit by a vehicle. Initial medical care can be costly, especially if you sustain major injuries. You have the cost of emergency care, surgery, and follow-up care, along with physical therapy and future appointments. If the injury caused permanent damage, you may require special devices to assist you in walking or other functions.
Along with the expenses you pay out, you have the lost income if you can’t work. A permanent disability can render you unable to go back to your job, which would mean you need to replace that income. If you’re unable to participate in activities you once enjoyed or experience a reduced ability to enjoy life due to pain, you may qualify for compensation for pain and suffering. An attorney can help you determine what you’re entitled to based on current expenses as well as those that may accumulate in the future.
How to Act Before Calling a Pedestrian Attorney
1. Call the police and make sure that an ambulance is dispatched to the scene of the accident.
2. Get immediate medical attention for any injuries sustained in the accident (allow paramedics to transport injured parties to the hospital for care and treatment).
3. Do not admit anything to any party without contacting LA Injury Attorneys, Los Angeles Pedestrian Accident Lawyer, or California Pedestrian Accident Attorney.
4. Exchange identifying information and insurance information with all parties involved in the accident.
5. Do not speak directly with the liable party’s insurance adjusters, attorneys, or representatives about the facts of the case without first consulting with LA Injury Attorneys, Los Angeles Pedestrian Accident Lawyer, or California Pedestrian Accident Attorney.
6. Take pictures of the scene of the accident, the vehicles, and the injuries sustained in the pedestrian accident.
7. Do not sign any medical release forms without speaking to a Los Angeles Pedestrian Accident Lawyer or a California Pedestrian Accident Attorney.
If you or a family member were injured in a pedestrian accident and the fault is attributable to a negligent vehicle driver, you should get legal assistance from LA Injury Attorneys.
