TYPES OF PEDESTRIAN Collision INJURIES
Even when a vehicle is traveling at a low speed, a pedestrian accident can result in serious injury or death. It is critical to have your injuries evaluated immediately to determine the severity and the appropriate course of treatment.
Common injuries that occur in pedestrian accidents include:
- Traumatic brain injury (TBI)
- Spinal cord damage
- Trauma to the neck or back
- Broken bones and fractures
- Damage to internal organs
- Severe cuts and lacerations requiring surgery to repair
- Disfigurement
- Temporary or permanent loss of function
If you are injured in a pedestrian accident, you might be entitled to compensation through a personal injury lawsuit. It is vital to act quickly as you only have a limited amount of time to file a claim for damages. A pedestrian accident lawyer in Los Angeles can walk you through the legal process and help you obtain the recovery you deserve.
PEDESTRIAN ACCIDENT STATISTICS
Despite efforts to improve safety for pedestrians, each year, hundreds of people are injured or killed by a driver while walking in Los Angeles. Across the state of California, nearly 900 people lost their lives in a single year in pedestrian accidents. According to the California Office of Traffic Safety (OTS), no state has more pedestrian deaths.
The most recent data provided by OTS indicates that:
- In one year alone, there were over 14,000 pedestrians injured;
- The state’s pedestrian fatality rate is nearly 25% higher than the national average;
- Deaths related to pedestrian accidents continue to increase; and
- Almost 7,500 pedestrians were killed on roadways between 2009 and 2018.
Tragically, pedestrian accident victims often come from our most vulnerable populations, including the elderly and young children. Injuries in pedestrian accidents are rarely minor. Any time a vehicle or bicycle collides with a person, the results can be devastating.
WHAT TO KNOW ABOUT CROSSWALKS
As noted by the OTS, pedestrians have the right of way at crosswalks and intersections. Drivers should yield to walkers and be prepared to come to a stop. Not all crosswalks are clearly marked. Unmarked crosswalks act as an extension of a sidewalk and are not always at intersections. Unmarked crosswalks may not have painted lines or any signage.
Los Angeles also has uncontrolled crosswalks that are not located at an intersection but where pedestrians have the right of way. Drivers must be hypervigilant, obey the speed limit, and always be on the lookout for pedestrians in these areas. Many of these crosswalks have pedestrian-activated traffic signals that notify drivers to yield while a person is crossing.
WALKING OUTSIDE OF A CROSSWALK
Contrary to what many people assume, a person who is injured while walking outside of a crosswalk may still be entitled to compensation if they are struck by a vehicle. It is important to consult with a qualified Los Angeles lawyer to determine whether you should file a pedestrian accident lawsuit based on your injuries.
OBTAINING COMPENSATION AFTER A PEDESTRIAN ACCIDENT
To obtain compensation after a pedestrian accident, it is recommended that you consult with a Los Angeles attorney as soon as possible. In California, you have two years from the date of the accident to file a lawsuit based on personal injury. If you lost a loved one in a pedestrian accident, you have two years from the date of their death to file a wrongful death claim.
Failure to file a lawsuit within the statute of limitations may bar your right to recovery and prevent you from obtaining compensation for your losses. A lawyer can help make sure that you meet all legal deadlines.
INSURANCE SETTLEMENTS
If you are injured in a pedestrian accident, you might be contacted by the at-fault driver’s insurance company with a settlement offer. It is imperative that you wait to sign anything until you have had your case reviewed by an attorney.
Insurance companies may try to get you to settle your case for less than it is worth. Early settlement offers rarely take into account the full extent of your injuries or provide compensation for less tangible losses such as your pain and suffering.
An attorney will review the offer to determine if it provides enough compensation to cover all of your losses. They can also negotiate to obtain a larger settlement or take your case to trial to secure a verdict.
HOW A PEDESTRIAN ACCIDENT LAWYER CAN HELP
In the blink of an eye, a pedestrian accident can forever change your life. With aggressive and skilled representation from LNN, you may be able to better recover from this incident.
If we take on your case, we will:
- Review evidence such as red light camera and security camera footage
- Bring in industry experts, such as accident reconstructionists
- Speak with any witnesses
- Contact the responsible driver
- Negotiate with the insurance companies
Handling Comparative Negligence
It is important to note that California employs what is called comparative negligence. This means that, even if you share fault for the pedestrian accident that leaves you injured, you can pursue compensation for the percentage of your losses that the driver is responsible for.
For example, if you crossed the street outside of a crosswalk or intersection, some percentage of fault may be assigned to you. If you are determined to be 20 percent at fault, you can seek compensation from the at-fault driver that amounts to 80 percent of your losses. If your losses total $100,000, this translates to an $80,000 claim against the negligent motorist.
Seeking Maximum Compensation
Your formidable pedestrian accident attorney has a thorough understanding of California personal injury and pedestrian laws, which leaves them very well-suited to pursue maximum compensation on your behalf.
If a settlement is not possible, then we are not afraid to take your case to trial. Our pedestrian accident attorneys in Los Angeles have helped several people just like you recover substantial damages for their injuries.
WHAT TO DO IF YOU HAVE BEEN INJURED IN A PEDESTRIAN ACCIDENT
If you are involved in a pedestrian accident, you do not need to determine liability. The most important thing is that you seek medical treatment. The severity of the harm may not be immediately apparent. Even if you do not believe you suffered a serious injury, you still need to be seen by a doctor.
After a pedestrian accident:
- Get to safety if you can and contact 9-1-1;
- Obtain insurance information from the driver;
- Get witness contact information;
- Seek medical attention; and
- Consult with a Los Angeles pedestrian accident lawyer.
You should not make any statements to other parties or insurance representatives after a pedestrian collision without speaking to an attorney in Los Angeles first. Insurance companies may use your words to attribute fault or liability.
How to Find and Choose an Attorney
If you have been injured by a negligent motorist in a pedestrian accident, you are likely to have suffered serious injuries and immense loss. This makes bringing a solid claim and skillfully negotiating a favorable resolution paramount, which requires professional legal representation.
You have been injured and are watching your bills pile up while your earnings dwindle. In the face of all this, the thought of choosing a seasoned Los Angeles pedestrian accident attorney may terrify you, but it should not.
The truth is that working closely with a dedicated lawyer from the start can make a difference in the outcome of your claim. And the key to finding a good fit for you breaks down into three basic steps.
Recognize What You Are Looking For
To begin, it is important to recognize what it is you are looking for in a pedestrian accident attorney, including:
- Someone who puts you at ease and with whom you are comfortable opening up
- Someone who inspires your confidence
- Someone who has a wealth of experience guiding challenging claims like yours toward optimal outcomes
- Someone who is committed to leaving no stone unturned on your behalf
- Someone who has the time necessary to fiercely advocate for your rights and for your rightful compensation
Once you recognize what you are looking for in legal counsel, it can make taking the next steps less daunting.
Ask for References from Those You Trust
You likely know people whom you trust, such as friends and family members who have worked with personal injury attorneys in the past. Ask them about their experiences. They may have a great recommendation, or they may offer advice that helps you refine your own search process.
Look around Online
By visiting the websites of various firms, you can gain perspective about what each has to offer and their approach to pedestrian claims like yours. Reading each lawyer’s bio, browsing the client testimonials, and taking a look at the blog entries about pedestrian accidents can help you make a well-informed decision.
Reach Out by Scheduling a Consultation
The only way to know if you have found the right firm and the right pedestrian lawyer in Los Angeles for you is by having a conversation. By asking questions like the following, you can confirm whether you are on the right track or need to keep looking:
- What are the strengths and challenges of my claim?
- What can I expect moving forward?
- Do you have the time my claim requires?
- What are your early thoughts regarding legal strategy?
Once you have discussed your concerns with a potential attorney, you will be in a much better position to choose the right lawyer for you and your claim.
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