Los Angeles Pedestrian Accident Lawyer

Los Angeles Pedestrian Accident Attorney

Any type of accident you may be involved in can leave you suffering injuries. However, some of the most devastating injuries are the result of accidents involving pedestrians. Resulting in serious injury or death, the circumstances of a pedestrian-involved accident could mean significant life changes for not only you but also your loved ones. However, with the help of a Los Angeles pedestrian accident lawyer, you can recover damages you may be entitled to.

At The Law Offices of Christian J. Amendt, our team’s knowledge and experience are based on over 24 years of practicing law. We know that when an accident occurs, you may face not only significant medical costs but also lost wages from time out of work. In some cases, you could suffer from lifelong injuries that prevent you from completing daily tasks without pain. No matter what the circumstances of your case may be, our team can help.

California Pedestrian Laws

Roadways are governed by laws that everyone must learn before they are allowed to operate a motor vehicle. Unfortunately, many drivers don’t understand or forget pedestrian laws that they must abide by as well. Violations of these laws can result in the injury of a pedestrian. Pedestrian laws include:

• Motor vehicles are required to yield to pedestrians who are crossing the street in a designated crosswalk. These areas are often marked by white lines but may also be present in an unmarked way at an intersection. When approaching a crosswalk, drivers are required to slow down in order to keep the pedestrians safe.
• If a pedestrian has not entered a crosswalk, they are not allowed to enter if a vehicle is approaching, as that would put them in the path of danger. A pedestrian is also not allowed to stand in the middle of a crosswalk with the intention of stopping traffic.
• For any intersection in which a traffic light is present, the pedestrian must follow the commands of the ‘Don’t Walk’ signal or the traffic light pattern. If the light is red in the direction they are traveling, they must yield to traffic.
• A pedestrian is not allowed to cross a road between two intersections that are marked. This is commonly referred to as jaywalking and can occur at a high rate in major cities in particular. If there is an available intersection, a pedestrian is required to use it. Pedestrians who are found guilty of jaywalking could be fined up to $200.

These laws, as well as others, provide a snapshot of the types of compromises that pedestrians and drivers must make with one another in order to ensure the safety of the roadway is shared by all. Failure to follow the laws of the roadway could have significant physical impacts on the victim and significant financial impacts on the negligent party.

How Is Negligence Proven in a Pedestrian Accident?

Proving negligence as it relates to the law entails proving four elements:

1. There was an owed duty of care. For example, a driver operating a vehicle on the road owes a duty of care to pedestrians that the operation of that vehicle will be done in a safe manner.
2. There was a breach in that duty of care. Using the same example above, the driver of the vehicle failed to uphold that duty of care.
3. The breach caused the accident. The failure in duty of care caused or was the prominent reason the accident occurred.
4. There were resulting damages. The breach of care that caused the accident resulted in physical injuries or lost wages.

In proving these four, the overall consideration is made as to whether a reasonable person would have acted differently in the same situation or if that person could have done something different to avoid the accident. In proving these four elements, your attorney will work to gather evidence, witness statements, and police reports and review any photo or video evidence.

How an Attorney Can Help

Accidents, particularly those involving pedestrians in Los Angeles, CA, will likely first involve insurance companies, which may try to settle claims as quickly as possible for the least amount of compensation. In some cases, they may deny coverage altogether. However, with the help of an attorney, you can present a more thorough case to the insurance company that is also supported by the law.

In addition to helping with insurance companies, an attorney can help you seek damages from other entities involved. From the driver of a vehicle to the company employing the driver of an involved truck, an attorney can help you weigh your options. In an accident, your injuries will no doubt need medical treatment, but you should not be left paying the bill. From negotiations to litigation, an attorney will put your interests first in order to get you what you deserve.

Common Injuries Involved in Pedestrian Accidents

While the circumstances of every accident can have different results, the impacts of a pedestrian accident could lead to any number of injuries. Some of the most common include:

• Broken bones. Broken bones are a common injury of pedestrians involved in accidents. Often found in the arms and legs, these injuries could be from the force of impact of a vehicle or the ground. However, the body’s natural reflex is to prevent injury, so extending an arm or leg to brace the body can lead to broken bones. These injuries could result in surgeries or permanent disability of certain ligaments.
• Traumatic brain injuries. The head is one of the most vulnerable locations for injury to the body. From the impact of an object to the impact of the ground, the head is prone to injury. These types of injuries are often very severe and can leave the injured party permanently disabled.Symptoms may include trouble sleeping, headaches, coordination issues, sensitivity to light, mood swings, and more. These injuries may require surgery, physical therapy, speech therapy, or in-home medical care.
• Injuries to the spinal cord. There is very little protection for pedestrians when they are involved in an accident. A vulnerable part of the body, the spine, can incur significant and permanent damage if hit by a vehicle. Damage to the spinal cord could result in paralysis or even death. These injuries often require ongoing medical care and treatment.
• Damage to internal organs. Some injuries suffered in an accident could be hard to see at first or may reveal themselves later. Fractured ribs or internal bleeding can be difficult to spot and, if left untreated, can have significant life-threatening impacts. These types of injuries reiterate the importance of seeking immediate medical attention after an accident in order to check for such injuries.
• Road rash and lacerations. When a pedestrian is struck by a vehicle, it is very likely they could be forced forward from the impact, resulting in their body sliding along the road or possibly under a vehicle. This could lead to a common injury known as road rash: severe scraping or cuts along the body as a result of the asphalt. These injuries can leave permanent damage to the skin or body.
• Psychological or emotional injuries. Physical injuries are not the only types that could be suffered in an accident. Some victims may experience psychological or emotional injuries that may go unnoticed immediately. From PTSD to suffering trauma, these types of injuries could result in lost wages at work as well as medical expenses for treatment.
• Injuries resulting in death. The reality is that death is a significant probability when a pedestrian is involved in an accident. If a loved one is killed in an accident because of the negligence of another party, you and your family may be able to file a claim for wrongful death. These types of claims can only be filed by the child of the deceased, a spouse, or the executor of the deceased’s estate.

This list does not encompass all the potential injuries that a person could suffer; however, it does represent some of the most common. No matter what type of injury you experience, seek medical attention and then contact our offices so we can help you take the next steps.

Who Is Liable for Injuries?

Injuries to a pedestrian involved in an accident can leave the victim wondering whom they can hold responsible. The circumstances of the accident will help define against whom the victim could file a claim. Because California is a fault-based state, the party responsible for fault is responsible for damages. However, as a fault-based state, the fault can be adjusted, and all parties involved could share in the fault and the damages.

The most common parties against which claims are filed include:

• Drivers. From texting and driving to drunk driving, there are a number of ways that a driver could be found liable for an accident in which a pedestrian is struck. The driver’s insurance company would then be responsible for any damages within the bounds of their policy. If the driver is uninsured or there are damages uncovered by insurance, the driver themselves could be personally responsible.
• City. If the accident involves a city-provided mode of transportation, such as a bus or train, the city could be held responsible for the damages incurred while their employee was operating the vehicle. If the accident was caused by improperly maintained street lights, crosswalks, or defects in a road or sidewalk, they could also be held liable, as they are responsible for the safety of citizens by maintaining these features.
• Business. Delivery services are vast, meaning there is an abundance of vehicles on the road that are completing services on behalf of a company. This could include UPS, FedEx, Amazon, DoorDash, Uber, or any number of others. If the vehicle involved in the accident was operating in the official capacity of a business by an employee, the company could be held liable for the damages incurred.

Upon completing an investigation of the circumstances in your case, your attorney can help guide you through the options available to recover the damages that you may be owed.

Damages Awarded in Pedestrian Accidents

The types of damages you could recover in an accident could vary depending on the types of injuries suffered and the impacts of those injuries. Common financial damages include:

• Medical bills. These could be for hospital treatment, ongoing medical treatment, physical therapy, and counseling.
• Lost wages. When the resulting injuries require time out of work or impact your ability to continue employment in the same capacity, you could recover lost wages. This includes immediate time out of work, lost working capacity, loss of benefits, and more.
• Wrongful death. In the event a loved one dies from injuries suffered during an accident, you and your family may be able to hold the party responsible by filing a wrongful death claim.

There are a number of damages that can be recovered in an accident. Your attorney can help identify what type of claim you should file and the damages you may be owed.

What to Do After a Pedestrian Accident

If you are involved in an accident involving a pedestrian, the decisions you make at the scene could have a significant impact on the types of damages you may be able to recover. If you are in an accident, the following steps can help:

1. Remain calm and assess injuries. By remaining calm, you can accurately assess the situation and think more clearly. If you have any injuries that prevent movement, remain where you are. If your injuries are not severe and allow you to move, then be sure you move to a safe location at the scene.
2. Call emergency services. If witnesses are nearby, the hope is that one has already contacted emergency services. If not, be sure to do so. This will alert the police and the paramedics to the scene in order to start the investigation process and to assess you or other involved parties for injuries.
3. Exchange information. To the extent your injuries allow, exchange contact information with any other party involved. Do not engage in conversations of fault; simply gather their insurance and contact information. Do not apologize for any involvement in the accident. While you can remain courteous and polite, anything you say at the scene could later be used by the other party against you.
4. Collect evidence. If possible, take photographs of the scene, including the site where it happened, the surroundings, the vehicle involved, and anything else you think could be helpful later. Collect the names and contact information for any witnesses who may be on the scene. When you are able, you will want to change clothes, but you should keep what you were wearing unwashed and stored. Take any photos of injuries, cuts, lacerations, or medical needs suffered.
5. Seek medical attention. Have yourself evaluated by a medical professional. Even if you feel you did not suffer any injuries, you should be evaluated for any internal injuries that you may have. Keep all documentation from the medical exam, including any bills that you receive.
6. Contact an attorney. An attorney will review your case and help you make important decisions about your next steps. They can help you navigate negotiations with insurance companies and ensure that the responsible party is held accountable.

FAQs

Q: How Much Do Accident Attorneys Charge in California?

A: The amount an attorney may receive in fees from a pedestrian accident claim could vary; however, most attorneys will charge between 33% and 40% of the settlement amount. This could be what is provided by insurance or in any summary judgment. To determine your exact charges, speak with your attorney during your initial consultation.

Q: What Are the Rules for Pedestrian Accidents in California?

A: Oftentimes, drivers of vehicles are likely at fault for an accident with a pedestrian. In many cases, pedestrians have the right of way, and therefore, it is assumed that drivers are not following the law. However, even with an expectation to yield to pedestrians, pedestrians also have a responsibility to safely and legally share the road with drivers. It could be difficult to prove that they had the right of way.

Q: Do Pedestrians Have the Right of Way in Los Angeles?

A: In the Los Angeles area, when using a crosswalk, pedestrians have the right of way when they are properly following the laws and rules of traffic signals. Pedestrians, however, are still required to use their own sense of safety and responsibility to others when crossing the street. When in doubt, research your local and state laws that govern pedestrians.

Q: Should I Get a Lawyer for a Pedestrian Accident That Wasn’t My Fault in California?

A: Whenever you are involved in an accident, it is important that you are protected throughout the recovery process. Even if you do not file a legal claim, you may need help with understanding your options, negotiating with an insurance company, or negotiating with another involved party. With the help of an attorney, you can gain valuable legal knowledge.

Los Angeles Pedestrian Accident Lawyer

If you or a loved one has suffered injuries as the result of a pedestrian accident, get the help that you deserve. The team at The Law Offices of Christian J. Amendt has the knowledge and experience to help you fight for what you may be entitled to. We put the needs of our clients first and work tirelessly on their behalf. Contact our offices today, and let us get to work for you.