Pedestrian accidents in Los Angeles
If you have suffered a pedestrian accident in Los Angeles and need medical treatment and recover damages, do not hesitate to contact our expert traffic accident attorneys at Lluis Law. We have been dealing with this type of events for more than 50 years and helping victims obtain justice.
Pedestrians can be hit and injured by various causes while walking through the city. Let’s see some of them:
– Because drivers do not give way.
– Because drivers do not respect traffic signals and pass a red light.
– By cyclists who circulate on the sidewalk.
– Cars that go out of the street.
– Dog bite.
– For other pedestrians.
– Hazards on the road.
When a pedestrian is injured because of another person who acted negligently, he may be entitled to file a personal injury claim. You can also file a lawsuit in court to demand compensation for personal injury against a negligent person.
Pedestrians who are injured in California can claim compensation for medical expenses, lost wages and pain and suffering. It is always appropriate to talk with a personal injury lawyer who specializes in these cases, even if the person is not sure who is responsible for the accident.
A Los Angeles pedestrian accident lawyer, will help you identify the negligent or reckless person to pay compensation for the injuries caused.
What to do if a pedestrian is hit by a car in Los Angeles?
In pedestrian accidents where a car is involved, the most frequent is to request compensation for personal injuries against the driver or vehicle owner, by means of a lawsuit. Normally these accidents occur on the street or on roads, in parking lots and at pedestrian crossings.
California laws penalize the negligence of drivers at the time of driving that cause injury to others. Of course, in order to win a case it is necessary to prove the negligence of the driver, something that is not so simple to demonstrate, because the responsible party will also seek legal support to prove that it was not the fault in the accident.
To demonstrate the negligence of the responsible person, the victim or their surviving family members must prove that:
– The driver had the duty of caring for the pedestrian as established by law;
– The negligent conduct of the driver violated that duty of care;
– The negligence of the responsible driver was a key factor in causing the accident and therefore injuries or unjust death of the pedestrian.
Drivers are duty-bound to care for pedestrians not to be run over by their vehicles, just as they must be careful not to cause damage to cyclists, motorists and other drivers. The protection of the pedestrian depends on the care that they have when walking on the sidewalks, when crossing a street and, in general, respecting the traffic signals and taking care inside a parking lot, for example.
But if even meeting the traffic rules and acting with common sense, the pedestrian meets a careless driver who is more aware of your phone than the street, evidently your safety will be at risk because it depends completely on responsible behavior of the driver not to be hurt.
Main causes of pedestrian accidents with vehicles
Among the most frequent causes of vehicle accidents with pedestrians is the violation of traffic rules by drivers by not giving way to pedestrians. Even though the California Vehicle Code 21960 VC states that, drivers have an obligation to yield at any intersection or marked pedestrian crossing.
In addition, the same code in its section 21709 VC makes it illegal for drivers to drive in safety zones, because these areas are reserved for the exclusive use of pedestrians. If the driver violates any of these rules and runs over a pedestrian can be considered responsible for the accident.
Even if you are not in a safe zone or crosswalk, the driver who hits a pedestrian can also be held responsible. However, the responsibility of the negligent driver must still be proven in any case and if you do not have the support of an expert accident lawyer, which seemed an easy case to win because of the existing evidence, it can take an unexpected turn.
Pedestrian and vehicle accidents can include other causes such as:
– Carelessness of the driver (sending text messages, talking on the phone, removing the view from the street, eating or drinking inside the vehicle).
– Excess speed.
– Violate the stop sign.
– Driving under the influence of drugs or alcohol (DUI).
– Do not give enough space for pedestrians to get into a parked car.
Other causes of pedestrian accidents
There are other factors that can cause pedestrian accidents, in addition to cars and that could also be liable to claim compensation for damages to those responsible. Here we mention some causes:
– Skaters or cyclists who run on the sidewalks.
– Other distracted pedestrians (use of phones or music devices).
– Loose dogs without their masters.
– Buses or trucks that go off the road and take the sidewalks.
– Passengers who open the doors of their cars.
– Fights in the street.
– Children who run the street or inside a local.
– Stampedes of people in public places.
Negligent conduct in a pedestrian accident is punishable as in a car accident. Whether you have been hit in the street by a car or that another negligent person has caused the injuries, the most important thing in these cases is to seek legal help in order to guarantee a fair compensation.
Before talking to the insurance company of the responsible party, it is advisable to consult with a personal injury lawyer experienced in pedestrian accidents. In this way the claimant can present a solid case and prevent the insurance company from resolving the dispute with a lower compensation offer.
Main injuries in a pedestrian accident
The injuries in pedestrian accidents can be diverse, since it’s depend on the nature of the accident, the factors that intervened and the place where it occurred. A fall or hit in the street caused by a vehicle or another person, can cause a serious head injury or injury to the lower or upper extremities.
Among the most common injuries in pedestrian accidents are:
– Bone fractures
– Wounds, bruises and lacerations
– Cranial injury and brain trauma
– Injury to the neck or spine
– Internal wounds.
Damages available in a pedestrian accident lawsuit in Los Angeles
The type of injury and its severity are decisive for the recovery of damages in a pedestrian accident with injuries or death. The compensatory damages claimed try to allow the claimant to return to the health or welfare conditions in which he / she was if the accident had not occurred. Under this criterion, the damages to be recovered include:
– Medical expenses, including hospitalization, surgeries, medicines, exams, rehabilitation therapies, etc.
– Lost wages
– Loss of ability to generate profits
– Occupational and physical therapy
– Pain and suffering
– Loss of consortium (accompaniment of spouse or legal partner)
– Loss of limb
– Scarring / disfigurement
If you or a family member were injured in a pedestrian accident, call our lawyers responsible for automobile accidents and personal injuries of Lluis Law. They can help you with your claim or demand for damages and help you get medical care. Do not hesitate to contact us for a free consultation. Our telephone number is (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.