Los Angeles Pedestrian Accident Attorney
Pedestrian accidents are some of the most devastating collisions in Los Angeles. They almost always result in serious or fatal injuries for victims. If you or a family member were recently in a pedestrian accident, a Los Angeles pedestrian accident lawyer from our firm can help you fight for fair compensation. We understand what it takes to secure financial recovery for these life-changing accidents. Contact us today for your free consultation with a lead attorney at Rose, Klein & Marias LLP.
Why Trust Rose, Klein & Marias LLP With Your Pedestrian Accident Case?
- Our lawyers commit to bettering the laws that apply to pedestrian accident cases and the way insurance companies handle them.
- Our firm has focused specifically on personal injury law and workers’ compensation cases in Southern California for more than eight decades.
- Our Los Angeles pedestrian accident attorneys offer legal counsel and representation for pedestrian accident cases on a contingency fee basis in Los Angeles.
How Can a Los Angeles Pedestrian Accident Lawyer Help?
A common issue injured pedestrians encounter during insurance claims is the company denying liability for the accident. Insurance companies do not want to maximize your payout. They want to minimize their liability or refuse to pay you at all. You can strengthen your case while going up against an insurance company with assistance from an injury attorney in Los Angeles. One of our lawyers can guide you through the process of gathering evidence and presenting your case to an insurer in a way that will lead to the best possible outcome.
Common Pedestrian Accident Injuries
When a vehicle strikes a pedestrian in Los Angeles, the pedestrian can suffer serious injuries to his or her legs, pelvis, torso, chest, or head. The vehicle often strikes the lower extremities first, then additional areas of the body suffer injuries in subsequent collisions with the vehicle and/or the road. At our law firm, our Los Angeles pedestrian accident lawyers have helped dozens of pedestrian accident victims through the claims process. We understand the most common types of injuries sustained in these types of accidents.
- Broken bones
- Skull fractures
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Internal organ damage
- Lacerations and road rash
- Fatal injuries
Our firm has the power to represent clients who have suffered permanent or catastrophic injuries. We have obtained fair awards for clients with long-term disabilities such as brain damage and paralysis. We do not stop at insurance negotiations if we believe a trial will result in better compensation. Our pedestrian accident lawyers in Los Angeles are not afraid of taking powerful corporations to court in pursuit of top results.
California Pedestrian Laws
Every roadway user has a responsibility to obey California’s pedestrian laws. Pedestrians do not automatically bear the right-of-way when crossing the street, according to California Vehicle Code Section 21950. Drivers must know and follow pedestrian laws, keep a proper lookout, and yield the right-of-way when necessary. Pedestrians must also know and obey the rules to decrease the risk of accidents.
- At a crosswalk, motor vehicles must yield to pedestrians who are crossing. A crosswalk is either marked by white lines or unmarked but present at an intersection. A driver must slow down or stop to keep a pedestrian within a crosswalk safe.
- If a pedestrian has not yet entered the crosswalk, the pedestrian cannot suddenly leave the curb and step into the immediate path of an oncoming vehicle. The pedestrian also cannot delay traffic by stopping in the middle of a crosswalk.
- At an intersection marked by a traffic control signal, a pedestrian will only have the right to cross when given the signal to walk. At a red light or Don’t Walk signal, a pedestrian must yield to drivers who are passing through the intersection.
- A pedestrian cannot lawfully cross the road in California at a place located between two marked intersections. This is called jaywalking. It is a dangerous practice that increases the risk of pedestrian accidents. It can result in a fine of $200 for the pedestrian.
Having the right-of-way does not relieve a driver or pedestrian of the duty to exercise due care for the safety of others. Roadway users must exercise caution and prudence to avoid accidents. If a driver breaks one of California’s pedestrian laws and causes an accident, he or she will be liable for damages. For more information regarding the pedestrian laws in California, speak with a knowledgeable Los Angeles pedestrian accident lawyer.
Common Causes of Pedestrian Accidents
Most pedestrian accidents are avoidable. They occur when one or multiple parties are negligent. Negligence in personal injury law is an act of carelessness that causes injury or harm to others. If a driver is negligent behind the wheel, he or she may collide with a pedestrian. Determining the cause of a pedestrian accident in LA is one of the first steps in a claim for financial compensation.
- Distracted driver
- Texting while driving
- Reckless or drunk driving
- Red-light running or rolling through a stop sign
- Reversing without looking
- Speeding in a school zone
- A bus or truck driving too close to a sidewalk
- Unsafe passing at a crosswalk
- Failing to yield the right-of-way at an intersection
- Pedestrians distracted by cell phones or headphones
- Walking while intoxicated
- Children running into the road
- Other broken traffic laws
Driver error is the number one cause of pedestrian collisions in California. Drivers have a legal obligation to pay attention to the road, be aware of their surroundings and obey California’s pedestrian laws. If a driver breaches any of these duties and causes a pedestrian injury or death, the driver will be liable. Otherwise, liability will go to the person or party most at fault for causing the accident.
Who Is Liable for Pedestrian Accidents?
Liability is the legal term for responsibility. In personal injury law, liability refers to both legal and financial responsibility for a victim’s damages. Damages describe both economic and noneconomic losses suffered by a victim. Assigning liability in a pedestrian accident case in California takes examining who or what caused the collision.
California is a fault-based car accident state. After a pedestrian collision in LA, the injured party should seek financial recovery from the at-fault party. The driver that struck the pedestrian will most likely absorb fault for damages. Your Los Angeles pedestrian accident lawyer can help you build a case against the driver or another party based on the facts at hand.
- Driver. Texting and driving, failing to yield the right-of-way, speeding, and driving drunk are all common causes of pedestrian collisions. If a driver caused the accident, his or her auto insurance company will be liable for damages.
- City. The City of Los Angeles may be accountable for defective sidewalks, crosswalks or street signals that contribute to a collision. If the city government should have recognized the hazard and remedied it before the crash, it will be liable.
- Company. If an on-duty driver for UPS, USPS, Uber, Lyft, a pizza delivery place or another establishment struck you, the company could be liable. Employers are generally vicariously liable for the mistakes of their employees.
Holding a driver or another party responsible may take a full investigation from a law firm. Our pedestrian accident attorneys can revisit the scene of your accident, help you gather evidence, obtain copies of police reports and take other steps to build a case against one or more parties in pursuit of fair recovery for your damages. Your case starts with a free consultation at our Los Angeles office.
Proving Negligence in Pedestrian Accident Claims
Negligence is at the heart of most pedestrian accident lawsuits. If someone is negligent, and this causes a pedestrian collision, that party must pay for related injuries and damages. However, it is the injured victim’s burden to prove his or her case against the defendant.
The evidentiary standard in a personal injury case is enough proof to show the defendant more likely than not caused the accident through an act of negligence. Negligence in a pedestrian accident claim consists of four key elements:
- Duty of care owed. The defendant owed the plaintiff a duty of care, or a legal obligation to act in a manner that a reasonable and prudent person would.
- Duty of care breached. The defendant failed to fulfill his or her duty of care due to a careless action or omission.
- Causation for the accident. The defendant’s breach of duty was the proximate (main) cause of the pedestrian accident.
- Damages suffered. The pedestrian suffered compensable losses as a result of the collision, such as physical injuries or lost wages.
If a reasonable person would have done something differently to avoid the pedestrian accident, the defendant will be liable for the plaintiff’s injuries. Evidence you may need to prove negligence in a pedestrian accident claim includes a police report, eyewitness statements, photographs, videos, medical records and expert testimony. A local Los Angeles pedestrian accident attorney from Rose, Klein & Marias LLP can help you collect evidence after a pedestrian accident in Los Angeles.
What To Do After a Pedestrian Accident
Do your best to remain calm and levelheaded after a pedestrian accident in Los Angeles. Although you may be in severe pain, frustrated, stressed or angry at the driver who hit you, it is in your best interest to stay composed. There are steps you need to take immediately after a pedestrian collision to protect your legal rights:
- Call 911 to report the accident.
- Do not admit any fault for the pedestrian accident.
- Stay where you are and try not to move until paramedics arrive.
- Get the name, phone number and auto insurance information of the driver who hit you.
- Write down the names and phone numbers of any eyewitnesses.
- Take photographs while still at the scene of the accident, if possible.
- Go to a hospital in Los Angeles immediately.
- Gather information about the accident, such as copies of a police report and medical records.
- Call the driver’s auto insurance company to make an initial claim.
- Consult with a pedestrian accident lawyer in Los Angeles before settling.
Contact an attorney as soon as you can for advice on what steps to take after a pedestrian accident in Los Angeles. A lawyer can take over the complicated legal process for you while you concentrate on healing from serious physical and emotional injuries.
What Is the Statute of Limitations on Pedestrian Accidents in California?
A statute of limitations is a deadline that will affect your pedestrian accident claim in California. If you miss your deadline, the courts will most likely refuse to hear your lawsuit – resulting in the loss of the ability to hold a driver or another party responsible. Statutes of limitations differ from state to state, as well as according to the type of lawsuit.
The statute of limitations on a pedestrian accident in California is two years from the date of the collision, according to California Code of Civil Procedure Section 335.1. This is the deadline in California on most actions brought for injuries caused by the wrongful act or neglect of another. The clock may start ticking on the date of injury discovery rather than the date of the accident if you do not notice your injury right away. If you are filing against the government, you will only have six months to provide notice of the claim.
Damages in Pedestrian Accident Cases
Damages is the legal term for both the losses suffered by a plaintiff and the amount of financial compensation he or she could recover with a claim. The damages available in your pedestrian accident case will depend on the extent of your injuries and the types of losses. A pedestrian accident attorney in Los Angeles can help you create a comprehensive list of all of your past and future damages.
- Hospital bills
- Ongoing medical treatments
- Physical therapy
- Lost wages
- Lost earning capacity
- Disability costs
- Out-of-pocket expenses
- Loss of consortium
- Pain and suffering
- Scarring or disfigurement
- Wrongful death damages
- Punitive damages
You may have the right to demand financial compensation for many types of damages as the victim of a pedestrian accident in California. Before you accept a settlement from an insurance company, consult with an attorney about the true value of your claim. A pedestrian accident lawyer’s evaluation may place the claim’s value higher than the settlement offer from an insurer. An attorney can give you advice you can trust.
Speak With a Pedestrian Accident Attorney in Los Angeles Today
Do not wait to speak to an attorney after a serious pedestrian accident in Los Angeles. Contact our lawyers as soon as possible to avoid missing an important deadline, such as California’s statute of limitations on personal injury claims. We are available 24/7 to take calls from potential clients. To schedule a free initial consultation, call (213) 626-0571 today.