After a pedestrian accident, life changes dramatically. While a few walk away with minor injuries, the majority suffer serious injuries that impact every avenue of life. If you’ve been a victim of a pedestrian accident, you are not alone.
A Los Angeles pedestrian accident attorney at Salamati Law understands the mental and physical turmoil an accident like this brings on, and we want to help you remove the financial burden. We’ll protect your rights and fight for you to receive the maximum compensation for your injuries.
Why Choose Salamati Law for Your Pedestrian Accident Case?
After the trauma of getting hit by a car, you don’t want to worry about dealing with insurance companies regarding your pedestrian accident claims.
You shouldn’t have to deal with the burden of dealing with insurance to get compensated for your injuries while you’re trying to heal. Additionally, insurance agencies will do their best to swindle you out of your true settlement award, meaning you lose valuable money that should go toward your recovery. Let an experienced lawyer take the burden off your plate.
We’ll Protect You from Insurance Agencies
Insurance companies recognize that accident victims are desperate and will offer a lowball amount for a quick settlement. Once you agree to the settlement amount, there is no going back, no matter how much your medical and other injury-related expenses end up costing. Never agree to a settlement amount before consulting a Los Angeles pedestrian accident lawyer.
At Salamati Law, our track record is second to none when it comes to obtaining the best possible outcome for clients. We have helped more than 6,000 clients receive the compensation they deserve for their injuries.
We’ll Collect Critical Evidence
While the statute of limitations in California for filing a personal injury lawsuit is two years from the date of the accident, it is vital to obtain legal representation immediately. Otherwise, critical evidence, such as local surveillance videos, may vanish. We start investigating and working on your claim right away.
What Should I Do After a Pedestrian Accident?
A successful personal injury lawsuit requires evidence, and, if able, it is best to start gathering evidence right away. However, many pedestrian accident victims are so badly injured that they cannot collect evidence or even call 911 for help. If you are capable of documenting the scene, or if you had a companion with you at the time of the collision who can help, do the following:
- Call 911 and report the accident to the police. Get the name, address, contact and insurance information of the driver who hit you. Give an honest version of events to the police, but do not admit fault, even if you think you were somewhat to blame. Further investigation may reveal that factors of which you were not aware resulted in you getting hit.
- Take photos or videos of the scene, including the vehicle that struck you and its license plate, the road conditions, and your injuries. If there are eyewitnesses, obtain their names and contact information.
- Seek immediate medical attention. Most pedestrian accident victims are hurt badly enough that going to the emergency room is a necessity. Then there are instances in which people think they were not seriously hurt and were perhaps just knocked down. Without a prompt examination at a hospital or urgent care facility, the victim may not realize they were indeed harmed.
Failing to identify potential injuries right away not only impairs your health but impacts your claim. If you delay a diagnosis, the driver’s insurance company will allege the injuries were caused by an event other than the accident.
What are the Main Causes of Pedestrian Accidents in Los Angeles?
In recent years, pedestrian accidents in Los Angeles have skyrocketed. In 2023, pedestrians made up 53.3 percent of the 336 traffic fatalities in the city, for a total of 179 deaths. That is a 13 percent increase in pedestrian deaths over the previous year. In 2015, Los Angeles County launched its Vision Zero plan to eliminate traffic deaths. It has been an appalling failure for pedestrians, as the percentage of pedestrian fatalities has jumped 103 percent from 2015 to 2023, more than any other type of traffic death.
The main causes of pedestrian accidents in Los Angeles include:
- Driving under the influence of alcohol or drugs
- Driving too closely to the sidewalk
- Failure to yield
- Running a red light or stop sign
- Poor visibility
- Reckless driving
- Speeding
Defective sidewalks, traffic signals, and other maintenance problems often contribute to pedestrian accidents. Here, liability may lie with the city of Los Angeles.
The Most Common Pedestrian Accident Injuries
Many pedestrian accident injuries are catastrophic, meaning the victim will never fully recover. Some of the most common pedestrian accident injuries include:
- Back and neck injuries
- Broken bones
- Disfigurement
- Internal organ damage
- Lost limbs or digits
- Spinal cord injury
Pedestrian accident injuries are not limited to the physical. Many victims experience PTSD from their ordeal. This may result in ongoing anxiety, avoiding any areas that remind the victim of their accident, recurrent nightmares about the collision, and an inability to function normally.
Unfortunately, many pedestrian accidents prove fatal. In California, surviving family members can file a wrongful death lawsuit against the party responsible for the fatal accident.
How is Pedestrian Accident Liability Determined?
Pedestrian accident liability is determined by the specific circumstances of the collision. A Los Angeles pedestrian accident law firm reviews police and medical reports, interviews eyewitnesses, gathers evidence and may hire expert witnesses to strengthen your case.
A Los Angeles pedestrian accident lawyer identifies all potential defendants in your case. For example, while the driver is usually the primary defendant, if it turns out the accident occurred due to an automobile malfunction the manufacturer or a repair facility may also prove liable. If issues with traffic signals played a role in the collision, the governmental authority with jurisdiction over the road may be at-fault.
Pure Comparative Negligence
California is a pure comparative negligence state when it comes to liability. That means that even if you were partly at fault for the accident, you can still receive compensation minus your percentage of fault as determined by a jury. For example, if a plaintiff is deemed 30 percent at fault because they were wearing headphones and walking in the road instead of on the sidewalk, a $100,000 award is reduced to $70,000.
Technically, you can still collect damages even if 99 percent at-fault for the car-pedestrian accident, although any award amounts to very little.
Proving Liability in a Pedestrian Accident Claim
To prove liability in a pedestrian accident claim, a Los Angeles pedestrian accident attorney must show that the defendant was negligent based on four crucial factors:
- Duty of care: The defendant owed the plaintiff a duty of care. This means following traffic laws and keeping their vehicles in good repair.
- Breach of duty of care: The defendant did not fulfill their duty of care.
- Accident causation: The defendant’s actions or lack of actions was the main cause of the accident.
- Damages suffered: As a result of the accident, the plaintiff suffered damages, such as medical bills, that are compensable.
Pedestrian Accident Compensation in California
Compensation, or damages, in a California pedestrian crash may include:
- Medical expenses, current and future
- Lost wages
- Loss of future earning capacity
- Pain and suffering
In a wrongful death lawsuit, damages may include:
- Funeral and burial expenses
- Loss of financial support
- Loss of training and guidance
- Loss of companionship
- Loss of services, such as cleaning, childcare, or yard work
A wrongful death lawsuit does not include the survivor’s emotional pain and suffering.
Survival Actions
If the person did not succumb to their injuries immediately, their estate may file a survival action. Compensation may include:
- Medical expenses between the date of the accident and death date
- Lost wages between the accident date and death date
- The victim’s pain and suffering
- The victim’s disfigurement
Before January 1, 2022, California was one of only a few states that did not permit courts to award damages for a decedent’s non-economic damages in survival actions. The new law, SB 447, regarding survival actions and the pain and suffering and disfigurement aspects, is due to expire on January 1, 2026. It may be amended or extended at that time by the state legislature.
Contact a Los Angeles Pedestrian Accident Lawyer
If you or someone you know was injured after being hit by a car, or if a family member was killed in such an accident, you need the services of an experienced Los Angeles pedestrian accident attorney at Salamati Law.
Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation. While most cases are settled, we will pursue litigation if the insurance company does not agree to a fair settlement.
Los Angeles Pedestrian Accident Law Blog
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Pedestrian Accident Resources:
- Centers for Disease Control and Prevention, Pedestrian Safety, http://www.cdc.gov/motorvehiclesafety/pedestrian_safety/index.html
- Los Angeles Times, L.A. drivers have high rate of fatal pedestrian, cyclist crashes, http://articles.latimes.com/2012/oct/02/business/la-fi-mo-auto-traffic-deaths-20121001
- National Highway Traffic Safety Administration, Pedestrians, http://www.nhtsa.gov/Pedestrians
