Los Angeles Pedestrian Accident Lawyer
Were you in a pedestrian accident in Los Angeles? The skilled and specialized pedestrian accident lawyers at The Capital Law Firm can help you.
THE CAPITAL LAW FIRM'S PEDESTRIAN ACCIDENT LAWYERS:
- 50+ YEARS COMBINED EXPERIENCE
- INTEGRITY-DRIVEN RESULTS
- COMPENSATION CHAMPIONS
WHEN WE FIGHT FOR YOU,
IT’S PERSONAL.
Injured in a Pedestrian Accident? Here's Why You Should Consult an Attorney
If you’ve been injured in a pedestrian accident in Los Angeles, it’s time to act quickly and consult an experienced pedestrian accident attorney as soon as possible. These cases can involve complex legal and insurance issues, and having an attorney on your side can ensure that your rights are protected.
A skilled lawyer will help you navigate the claims process, gather the necessary evidence, and fight for the compensation you deserve. At The Capital Law Firm, we are committed to offering personalized attention and a smarter, tech-forward approach to ensure rapid case resolution for our Los Angeles clients.
What to Know When Filing a Pedestrian Accident Claim in California
Filing a pedestrian accident claim in California – and doing so correctly – requires a clear understanding of the state’s comparative negligence laws, processes, and deadlines.
What Kind of Damages You Can Claim
In pedestrian accident cases, victims can seek compensation for a variety of damages. These may include medical expenses, lost wages, and pain and suffering. If the injuries are severe, long-term care costs and emotional distress may also be part of the claim. The right Los Angeles pedestrian accident attorney can help you understand the full scope of damages you may be entitled to and work to secure the compensation you deserve.
How Liability is Determined
Determining liability in pedestrian accident cases often depends on who was at fault, with determining factors including the driver failing to yield, speeding, distracted driving, or running a red light. In California, comparative negligence laws allow for liability to be shared between the parties involved. Your lawyer will investigate the circumstances surrounding the accident, gather evidence, and establish the responsible party or parties.
Proving the "At-Fault" Party
Proving who is at fault in a pedestrian accident can be complex. Your attorney will gather key evidence, such as traffic camera footage, witness statements, and accident reports, to establish fault. They may also consult accident reconstruction experts to provide a clear picture of what happened. By carefully building your case, they will ensure the at-fault party is held accountable.
Understanding Compensation for Pedestrian Accident Lawsuits
Compensation in pedestrian accident cases can cover a wide range of expenses and losses. This includes immediate medical bills, emergency care, and hospitalization, as well as long-term care costs if the injuries are severe. Victims may also seek compensation for lost wages, future earning potential, and pain and suffering caused by physical and emotional distress.
In some cases, punitive damages may be pursued if the at-fault party’s actions were particularly reckless or intentional. A pedestrian accident attorney in Los Angeles can help ensure that all aspects of your claim are thoroughly addressed, maximizing your compensation and protecting your legal rights.
Types of Compensation You Might Recieve From a Successful Pedestrian Accident Claim
Victims may be entitled to compensation. This will cover injuries and losses. The amount will vary based on the specifics of the accident. Here are common types of compensation:
Medical Expenses:
This includes reimbursement for all past and future medical costs. Hospital bills, surgery, rehabilitation, medication, medical equipment, and doctor visits are all examples.
Lost Wages:
Did the accident cause you to miss work? You may be entitled to lost income. Both current and future earnings can be included.
Pain and Suffering:
Victims can seek compensation for physical and emotional pain and suffering. This is a non-economic damage. It can vary widely depending on the case.
Emotional Distress:
Victims may be compensated for emotional distress. Anxiety, depression, and post-traumatic stress disorder (PTSD) are all examples.
Loss of Consortium:
Did the accident affect a victim’s relationship with their spouse or family members? They may seek compensation for the loss of consortium. This includes loss of companionship, support, and services.
Disability and Disfigurement:
Some victims suffer disabilities or disfigurement. This has a long-term impact. Compensation may be granted as a result.
Property Damage:
Was personal property damaged? Examples include clothing, electronics, or personal items. Victims may be eligible for reimbursement. Replacement is also possible.
Funeral and Wrongful Death Benefits:
Was there a fatality? Family members may claim funeral and burial expenses. They can also seek wrongful death benefits.
Punitive Damages:
Was the harm intentional? Punitive damages may be awarded. These punish the at-fault party. They deter others from similar behavior.
Common Causes of Pedestrian Accidents in Los Angeles
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Los Angeles is an incredibly busy city, with many commuters opting to walk, increasing the number of potential pedestrians on and near roadways.
There are many potential causes of a pedestrian accident, with liability potentially falling on one or multiple parties involved in the accident.
Pedestrian accidents occurring in Los Angeles and throughout California are most often caused by negligent drivers who:
- Are distracted
- Run red lights
- Speed
- Fail to yield at crosswalks
Poor road conditions, inadequate lighting, and the lack of proper signage can also contribute to accidents.
Speak With an Experienced Los Angeles Pedestrian Accident Lawyer
If you’ve been injured in a pedestrian accident in Los Angeles, you need an experienced lawyer on your side. The Capital Law Firm has over 50 years of combined experience in personal injury cases, providing you with the expertise needed to secure the compensation you deserve.
Contact us or call (310) 363-0403 for a free consultation with one of our Los Angeles pedestrian accident attorneys now.
Every Case Is our Personal Mission
Understanding Liability for Pedestrian Accident Lawsuits
Liability in pedestrian accidents is complex. It depends on the specifics of the accident. You need to find who was at fault. In some cases, multiple people share liability.
Here are some common scenarios:
Driver Liability
The driver may be negligent. Were they speeding? Did they run a red light? A stop sign? Were they distracted? Did they drive under the influence of alcohol? Drugs? Did the driver fail to yield the right of way? In all of these cases, the driver may be at fault.
Pedestrian Liability
Pedestrians must show care for their safety. In some cases, pedestrians may be partially or fully at fault. Did the pedestrian jaywalk? Did they cross against traffic signals? In these cases, the pedestrian may be negligent as well.
Property Owner or Municipality Liability
Were the road conditions hazardous? Were the sidewalks poorly maintained? Was the lighting inadequate? Liability may extend to property owners. The municipality responsible for maintaining the roadways may be at fault.
Shared Liability (Comparative Negligence)
California follows a comparative negligence system. This means both the pedestrian and the driver can share liability. Was the pedestrian partially at fault? Their compensation may be reduced. As long as the pedestrian is not found more than 50% at fault, they can still recover damages.
Hit-and-Run Accidents
Did the driver flee the scene? This makes liability more difficult. Efforts are made to identify the driver. If found, they can be held liable.
Vehicle Malfunctions
Did the vehicle have a mechanical failure? Brake failure? Defective part? Did this contribute to the accident? Then liability may extend to the vehicle manufacturer. Or a maintenance provider may be at fault.
Determining liability requires an investigation. Eyewitness statements, police reports, video footage, and expert analysis are all evaluated.
Common Injuries Resulting from Pedestrian Accidents in California
Pedestrian accidents can cause a wide range of injuries. Some can be severe. Others are life-threatening. Often, severity depends on the size and speed of the vehicle involved.
Common pedestrian injuries include:
- Soft Tissue Injuries: These are among the most common injuries in pedestrian accidents. They include bruises, sprains, strains, and contusions.
- Fractures: Victims often suffer bone fractures. Broken arms, legs, or ribs are common.
- Head Injuries: A head injury can be a mild concussion. Or it might be a severe traumatic brain injury (TBI). Sometimes there are no visible injuries. Yet, the brain was affected. This is due to the force of the impact.
- Spinal Cord Injuries: A pedestrian accident can lead to spinal cord injuries. The result may be paralysis. Some people have a loss of sensation. Sometimes long-term complications occur.
- Back Injuries: Injuries to the back can be painful. In some cases, they are disabling. Injuries include herniated discs or other spinal issues.
- Internal Injuries: Blunt force trauma can cause internal injuries. Organ damage, internal bleeding, or punctured lungs are examples.
- Facial Injuries: Injuries to the face can vary. Cuts and bruises tend to be minor. More severe injuries include fractures, dental damage, or eye injuries.
- Burns: Did the accident cause a fire? An explosion? Burns can be a major injury. The degree of severity may vary.
- Road Rash: Abrasions occur when a pedestrian is dragged along the road. This is very painful. These skin injuries are known as road rash.
- Amputations: In severe accidents, a victim may lose a limb or digits. This is due to the force of impact.
- Psychological Trauma: Psychological trauma occurs with accidents. This trauma can lead to conditions like post-traumatic stress disorder (PTSD), anxiety, and depression.
It’s important to seek treatment after a pedestrian accident. Injuries may seem minor at first. But with time, they can become more severe. Seeking immediate medical care is important for your health. Document your injuries. This will help with any potential legal claims. Was the accident caused by someone else’s negligence? Consult with a personal injury attorney. They can help you understand your rights.
THE PROCESS FOR FILING LEGAL CLAIMS FOR PEDESTRIAN ACCIDENTS IN CALIFORNIA
Filing a claim involves several steps. Here’s an overview:
- Seek Medical Attention: Seek immediate medical attention. Your health is the top priority. Additionally, medical records help your claim.
- Contact Law Enforcement: Was the accident severe? Call 911 to file a report. Law enforcement officers will arrive at the scene. They will document the accident. The police report can serve as evidence for your claim.
- Gather Information: Collect information at the scene. Seek the driver’s contact information. Record insurance details. Gather contact information for witnesses. Take photos of the accident scene, your injuries, and any property damage.
- Consult with an Attorney: Consult with a Los Angeles attorney as soon as possible. They can assess your case. They will guide you through the process. Many attorneys offer a free case evaluation.
- Notify Your Insurance Company: If you are working with a personal injury attorney, they will contact the insurance company on your behalf. If you are not working with an attorney, you should notify your insurance company about the accident. Do this even if the other party is clearly at fault. Your insurance may need to be involved. This often happens when the other party is uninsured or underinsured.
- Preserve Evidence: Your attorney will help you preserve all evidence. This includes medical records, police reports, and witness statements.
- Determine Liability: Your attorney will determine liability. This may involve analyzing the police report. They may review eyewitness statements. They want to find who is at fault.
- Negotiation: Your attorney will negotiate with the at-fault party’s insurance company. They will seek a fair settlement offer. Negotiations may include discussing medical bills and property damage.
- Filing a Lawsuit: Sometimes a fair settlement cannot be reached. Your attorney may file a lawsuit. This starts the formal legal process.
- Discovery: Both parties exchange information. They share evidence.
- Mediation or Arbitration: In some cases, parties may opt for mediation. They work to resolve the dispute outside of court.
- Trial: Sometimes a settlement is not reached. The case may proceed to trial. The judge and/or jury will make a final decision.
- Compensation: Win the case? Then you may be awarded compensation.
California Pedestrian Accident FAQs
Did you accidentally hit a pedestrian? You need to know how to respond. You want to act responsibly. You need to act legally. Here’s what should happen:
1. Stop Your Vehicle: California law requires you to stop your vehicle. Stay at the scene. Do this no matter the extent of injuries.
2. Check for Injuries: Check on the pedestrian. Assist if necessary. Call 911 to request help if needed. Providing aid and calling for help are legal obligations in California.
3. Exchange Information: Share information with the pedestrian. Include your name, contact information, and insurance. Obtain their information.
4. Report the Accident: In certain cases, you must report the accident. Was there an injury? A death? Does property damage exceed $1,000? You must report the accident. This involves calling the police to the scene. They will create a report.
5. Cooperate with Authorities: Be cooperative with the officers. Answer their questions. Be honest. Provide any requested documents.
6. Document the Scene: If it’s safe, take photos of the scene. Write down notes. This can help document the details of the accident.
7. Notify Your Insurance Company: If you are working with a personal injury attorney, they will contact the insurance company on your behalf. If not, report the accident to your insurance. Do this as soon as possible. They can guide you through the claims process. They will assist the pedestrian if they file a claim.
8. Consult an Attorney: You may want to consult an attorney. Are there liability disputes? Are you facing legal consequences? Consulting an attorney is recommended.
9. Legal Consequences: Were you found at fault? You could face legal consequences. These include fines and penalties. Suspension of your driver’s license is also possible. Criminal charges may apply. Charges often occur if there is negligence.
10. Civil Liability: You may also be held civilly liable. Did the pedestrian decide to pursue a claim? You could be financially responsible. This would include their medical expenses, lost wages, and pain and suffering.
Remember, you must operate your vehicle with caution. Follow traffic laws. This prevents accidents. Be aware at an intersection. Remember who has the right-of-way. Follow the speed limit. Avoid drunk driving. Keep an eye out for bicyclists. Look for pedestrians. Drive slowly in a school zone. Pay attention to your surroundings. Cell phones are distracting. Avoid using them while driving. Use your turning signal. All of these will help avoid collisions. Many traffic crashes can be avoided with proper driving. Fatalities can be avoided as well.
If you find yourself in a situation where you’ve hit a pedestrian, prioritize their well-being. Offer assistance. Follow your legal duty. Consequences can vary based on your actions. Consult with an attorney. They can provide guidance for your interests.
Yes. You can sue someone for a hit-and-run in California. Victims of these car accidents can pursue a civil lawsuit. They can seek compensation. Consult with a personal injury attorney. They will help you understand the legal process. They can explain your options.
Were you hit by an uninsured driver in California? You can use your uninsured motorist coverage. It can help cover medical expenses and property damage. You may also consider suing. This can be challenging if they lack insurance.
Why Choose THE CAPITAL LAW FIRM?
There are many options for a personal injury lawyer. However, not all legal firms are the same.
Here’s why The Capital Law Firm should be your top choice:
PROVEN RESULTS
We don’t only offer legal support. We also provide client care. Our lawyers make it a priority to fight for the best results. Our firm has recovered millions of dollars in verdicts. We work hard to ensure the jury understands every detail. This helps us get you the settlement you deserve.
Our legal team goes above and beyond. We work hard for our clients. They deserve the best. Nothing is overlooked.
WORK WITH AN ATTORNEY, NOT A “CASE MANAGER”
At The Capital Law Firm, the managing partner handles your case. This is true from beginning to end. Our approach avoids miscommunication. You have a main point of contact. We’ll shield you from the confusing legal system.
NO FEES UNTIL WE WIN
We operate under the principle of no victory, no charge. This is similar to a risk-free product trial. We charge no up-front costs. We only get paid if we win. This means you only pay us if you get money for your injury case.
REPUTATION
We’ve been recognized as a top performer. Our legal track record is clean. We have received multiple awards for our services. We have been awarded “Super Lawyers Rising Stars” for many years. This is an honor for less than 2.5% of attorneys below the age of 40.
CONFIDENTIAL SECOND OPINIONS
We offer zero-obligation second opinions. We keep confidentiality. This helps those who have a pending injury case and need a second perspective.
AVAILABLE 24/7
Our attorneys operate around the clock. They are available at all hours of the day. You can access legal help, consultations, or guidance.
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