Who is Liable in a Pedestrian-Vehicle Accident?
If you are injured in or near Pasadena or anywhere in Southern California by a negligent driver while you’re a pedestrian, you can probably receive compensation for your medical costs and related damages, but you will need the advice and services of a Pasadena pedestrian accident attorney.
In only a decade, pedestrian fatalities almost doubled in the State of California. In 2012, just over 600 California pedestrians were killed in traffic accidents, but by 2022, that number increased to 1,100. In Los Angeles alone in 2022, more than 300 pedestrians lost their lives in accidents.
What are your rights if you are walking on a sidewalk or in a crosswalk and a driver rolls or crashes into you? What injuries do pedestrians typically sustain? What steps should you take to recover compensation, and when should you contact a Pasadena pedestrian accident lawyer?
What Injuries Are Typically Sustained by Pedestrians?
Pedestrians do not expect to be injured in traffic accidents, so they almost never wear any sort of protective gear. This means that when they survive an accident, pedestrians are likely to sustain the most serious types of injuries.
Pedestrians who are injured by motorcycles, autos, or trucks may suffer severe, catastrophic, or permanently disabling injuries including neck and back injuries, spinal cord damage, traumatic brain injuries, bruises, lacerations, broken bones, and injuries that require amputation.
Over a lifetime, catastrophic or permanently disabling injuries may require millions of dollars in medical treatment, so many injury victims will need the maximum compensation amount that is available. If you are a pedestrian injured by negligence in Southern California, now or in the future, a Pasadena pedestrian accident lawyer will work to win the compensation you need.
How is Liability for Pedestrian Accidents Determined?
Because this state is a “pure comparative negligence” state, an injured pedestrian may recover compensation for injuries even if he or she is deemed partially at fault for the accident. In order for a pedestrian’s personal injury claim to succeed, his or her injury attorney must prove that:
– The driver (or “defendant”) owed a duty of care to the pedestrian (or “plaintiff”).
– The defendant acted negligently, breaching the duty of care.
– The driver’s negligence was a cause of the accident that injured the pedestrian.
– The driver should compensate the pedestrian for medical costs and related losses.
How Can You Protect Yourself as a Pedestrian?
Most pedestrian injuries take place in crowded settings like Los Angeles, but pedestrians are also killed and injured outside of the cities on California highways: highway maintenance personnel, drivers changing flat tires, and police officers conducting a stop or investigating a crash.
The safety tips for pedestrians are simple. Where it’s possible, use the sidewalk. If there’s no sidewalk, walk facing the traffic but as far from it as possible. Stay alert and be prepared for anything. Don’t text while walking. You could walk into a car or into something just as perilous.
Where possible, cross only at intersections and crosswalks. Do not walk in public if you’ve been drinking. If an impaired pedestrian is injured, that pedestrian will probably be deemed negligent and may be unable to recover any damages. Wear bright clothes at night, and use a flashlight.
How can motorists help? Don’t use your phone while driving. Don’t be distracted by your audio, GPS, children, or pets. Don’t groom, read, or eat while driving. Don’t drink or use any intoxicant before driving. Always comply with the traffic laws, and keep your vehicle maintained for safety.
When Will You Need a Pedestrian Accident Lawyer?
If you are injured by a negligent motorist while walking in Southern California, seek or summon medical assistance at once. That is the paramount priority. The second priority is making sure that law enforcement officers will arrive at the crash scene and conduct an accident investigation.
After you’ve been treated by a doctor or another medical provider, arrange immediately to have a free case evaluation provided – without obligation – by a Pasadena pedestrian accident attorney. You’ll receive sound, personalized legal advice about proceeding with a personal injury claim.
California’s statute of limitations for pedestrian accident claims is two years, but don’t wait two years – or even two weeks – to contact a lawyer’s office. Your lawyer needs to see the evidence before it is contaminated or lost and question any witnesses while their memories remain fresh.
How Are Pedestrian Injury Claims Handled?
In California, most personal injury claims based on pedestrian accidents are resolved out-of-court when the lawyers for both sides meet to work out a settlement arrangement. Injured pedestrian accident victims are usually compensated without even having to appear in court.
But if liability for the accident is disputed by the driver’s car insurance company, or if that insurance company refuses to make an acceptable settlement offer to you in the out-of-court negotiations, your pedestrian accident attorney will:
– take your claim to a civil court
– tell a jury how the accident happened and how seriously you were injured
– ask the jurors to find in your favor and order the insurance company to compensate you
In many cases, when a personal injury claim is settled privately or prevails at trial, the victim may be compensated for his or her pending and projected future medical expenses, current and projected future lost wages, personal suffering and pain, and all other related losses and damages.
How Can You Find the Right Pedestrian Accident Lawyer?
With thousands of lawyers practicing in Southern California, how can you find a personal injury lawyer who will fight tirelessly and effectively on your behalf and make your case a priority? An injury attorney at Thon Beck Vanni Callahan & Powell will do all of that and more.
If you’ve been injured by a negligent motorist while you were a pedestrian, contact Thon Beck Vanni Callahan & Powell at once to schedule your free, initial legal consultation – with no obligation. You’ll get sound legal advice, and you’ll find out how the law applies to your case.
The award-winning attorneys at Thon Beck Vanni Callahan & Powell have recovered millions of compensation dollars for the injured victims of negligence. If you are injured by a negligent driver, now or in the future, call Thon Beck Vanni Callahan & Powell at once at 626-208-9906. You will owe us no lawyer’s fee unless and until we recover your compensation.
