Facial injuries are among the most serious outcomes in a slip and fall. The face is densely packed with nerves, bones, muscles, and sensory organs. When it absorbs the force of a fall, the resulting trauma can involve fractures, nerve damage, disfigurement, and vision or dental loss requiring years of reconstructive care.
Under California Civil Code § 1714, property owners have a legal duty to maintain safe premises. When they fail, victims may be entitled to compensation for medical expenses, lost income, pain and suffering, and future rehabilitative treatment.
At Salamati Law, our Los Angeles slip and fall attorneys have built a record fighting for victims of serious trauma. See our case results here. Contact us today for a free consultation; no fee unless we win.
Pedestrian Accidents Remain a Serious Problem in Los Angeles
In Los Angeles, pedestrian collisions are most common along wide multi-lane corridors, at signal intersections, and in commercial areas where drivers are making frequent turns across marked crosswalks. These are the points where vehicle speed, heavy traffic flow, and constant pedestrian movement intersect, often with limited reaction time.
Serious crashes also occur in parking lots and driveways, where visibility is reduced, and drivers are focused on navigating tight spaces rather than watching for pedestrians.
Common Causes of Pedestrian Accidents
Despite ongoing traffic safety initiatives, pedestrian fatalities remain a serious concern in Los Angeles. LAPD data shows that 179 pedestrians were killed in traffic collisions in 2023, accounting for more than half of all traffic deaths in the city that year.
Experts point to several overlapping factors behind the rise in pedestrian deaths:
- Speeding
- Distracted driving
- Driving under the influence of drugs or alcohol
- Reckless driving and road rage
- Hit-and-run collisions
- High-speed arterial roads
- Inadequate pedestrian infrastructure
- Dangerous intersections and crossings
According to the Los Angeles Times, traffic fatalities have increased substantially since 2015, with advocates citing both risky driving behaviors and street designs that encourage higher vehicle speeds.
Common Types of Traumatic Brain Injuries in Pedestrian Accidents
Traumatic brain injuries exist on a spectrum ranging from mild concussions to catastrophic brain damage.
Common diagnoses include:
- Concussions
- Contusions (brain bruising)
- Diffuse axonal injuries
- Intracranial hemorrhages
- Hematomas
- Penetrating brain injuries
- Anoxic brain injuries caused by oxygen deprivation
Symptoms may appear immediately or develop over several days. Victims often experience headaches, dizziness, nausea, confusion, memory loss, sensitivity to light, personality changes, sleep disturbances, and cognitive impairment.
Because brain injuries are sometimes difficult to diagnose through standard imaging alone, insurance companies frequently attempt to minimize these claims. Thorough medical documentation is critical.
Who May Be Liable for a Pedestrian Brain Injury?
Liability does not always rest with the driver who struck you. Depending on the circumstances, multiple parties may bear responsibility for a pedestrian TBI.
Potentially liable parties include:
- Negligent drivers — any driver who failed to yield, was driving impaired, or violated traffic law in a way that caused the collision
- Commercial vehicle operators and their employers — when a driver was acting within the scope of employment at the time of the crash, the employer may be held vicariously liable under respondeat superior.
- Trucking companies — subject to additional federal and state safety regulations; liability may extend to negligent hiring, training, or vehicle maintenance
- Government entities — California’s Government Claims Act applies when dangerous road design, missing signage, or deferred maintenance contributed to the collision
- Abutting property owners — where a property owner’s negligent maintenance of an adjacent sidewalk, driveway, or access point created the hazard that caused the fall or impact.
- Vehicle manufacturers — where a design or manufacturing defect in the striking vehicle contributed to the severity of the collision or the pedestrian’s injuries
Comparative Fault
California follows a pure comparative fault system. This means an injured pedestrian may still recover compensation even if they were partially responsible for the accident. Any award is generally reduced by the percentage of fault assigned to the injured person.
Insurance companies frequently argue that a pedestrian crossed outside a crosswalk, was distracted, or entered traffic unexpectedly. An experienced attorney at Salamati Law can investigate surveillance footage, crash reports, witness statements, and accident reconstruction evidence to challenge these allegations.
Criminal Charges and Civil Claims Can Proceed Simultaneously
Some pedestrian accidents involve criminal conduct, such as DUI, reckless driving, street racing, or felony hit-and-run offenses. The government may prosecute the party through a criminal case, while the injured victim pursues compensation through a separate civil claim. These are entirely different proceedings with different goals.
A personal injury attorney can monitor the criminal case, coordinate with prosecutors when appropriate, obtain valuable evidence developed during the investigation, and use admissions or convictions to strengthen the civil claim. Even if criminal charges are never filed, an injured pedestrian may still have a strong personal injury case.hat was documented before any litigation began.
What Compensation Is Available To Injured Pedestrians?
Brain injuries often generate substantial compensation because of their long-term effects on nearly every aspect of a person’s life.
Depending on the circumstances, compensation may include:
- Emergency medical expenses
- Hospitalization costs
- Surgery expenses
- Rehabilitation and therapy
- Future medical treatment
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Home modifications and long-term care needs
The value of a claim depends on numerous factors, including the severity of the brain injury, permanence of symptoms, age of the victim, employment impact, and available insurance coverage.
While every case is different, serious pedestrian TBI claims can result in settlements or verdicts ranging from tens of thousands of dollars to millions. Our team has secured significant recoveries for injured clients, including a $906,000 settlement for a pedestrian who suffered a mild traumatic brain injury after a truck crashed through a convenience store and struck them.
What Should You Do After a Pedestrian Accident?
The steps taken immediately after a collision can significantly affect both health outcomes and the strength of a legal claim.
If possible, do the following:
- Seek medical attention immediately
- Follow all treatment recommendations
- Report the accident to law enforcement
- Document the scene
- Obtain witness information
- Avoid speaking with insurance adjusters without legal counsel
- Keep accurate records of symptoms, medical appointments, and expenses
Brain injury symptoms can worsen over time. Delaying treatment can create challenges for both recovery and compensation.
How Long Do You Have to File a Claim?
Missing a deadline can permanently bar recovery. In most California pedestrian injury cases, victims generally have 2 years from the date of the accident to file a lawsuit. However, claims involving government entities in California are subject to strict notice requirements under the California Government Claims Act, which generally requires a claim to be filed within 6 months of the accident.
Because evidence can disappear quickly, it is best to consult an attorney as soon as possible after a pedestrian accident.
Schedule a Free Consultation
Traumatic brain injury cases are among the most complex personal injury claims. They often require extensive medical evidence, expert testimony, life-care planning, and aggressive negotiation with insurance companies. Salamati Law works to identify all liable parties, preserve critical evidence, consult with medical specialists, document the full impact of the injury, and pursue maximum compensation for clients and their families.
If you or a loved one suffered a traumatic brain injury after being struck by a vehicle, an experienced Los Angeles pedestrian accident lawyer can help you understand your rights and legal options. Schedule a free consultation today. No fee unless we win.
