Walking should be a safe and enjoyable activity, yet in bustling areas like Greater Los Angeles, it can be fraught with unexpected dangers. Southern California roadways, congested with cars, trucks, and buses, present significant risks to pedestrians. Distracted driving, speeding, and driver fatigue are rampant, increasing the likelihood of collisions. If you’ve been injured in such an incident, understanding your rights and seeking guidance from a Pedestrian Accidents Lawyer is crucial. Our experienced team at internetlawyers.net is dedicated to advocating for pedestrian accident victims, ensuring they receive the compensation and justice they deserve.
A Vehicle Hit Me While Walking, What Should I Do
What Steps Should You Take Immediately After a Pedestrian Accident?
Being struck by a vehicle while walking is a traumatic event, often resulting in serious injuries. The moments following such an accident can be confusing and overwhelming. Knowing the right steps to take can protect your health and your legal rights. If you are involved in a pedestrian accident, here’s what you should do:
- Call for Help: Immediately call 911 or ask someone nearby to do so. Emergency services are essential for medical assistance and police documentation.
- Prioritize Safety: If you are able to move, try to get to a safe location away from traffic. However, if you suspect serious injuries, especially to your neck or back, remain still to avoid exacerbating them.
- Seek Medical Attention: Demand immediate medical evaluation and transportation to a hospital. Even if you don’t feel severely injured initially, internal injuries or delayed symptoms can be serious.
- Gather Information: If possible, collect contact information from witnesses. Obtain the driver’s name, license plate number, and insurance details. This information is vital for your pedestrian accidents lawyer.
- Document the Scene: Use your phone to take photos of the accident scene, including road conditions, traffic signals, your injuries, and the vehicle involved. This visual evidence can be crucial for your claim.
- Avoid Admitting Fault: Do not apologize or admit fault for the accident, even if you are unsure of the circumstances. Liability will be determined through investigation.
- Be Cautious with Statements: When speaking with the police, stick to the facts you know for certain. Avoid guessing or speculating about what happened.
- Refrain from Insurance Company Statements: Do not give any statements to insurance representatives from the driver’s insurance company without consulting a pedestrian accidents lawyer.
- Consult a Pedestrian Accidents Lawyer: Engage the expertise of a seasoned pedestrian accidents lawyer as soon as possible to protect your rights and navigate the legal process.
Suffering injuries in a pedestrian accident is a life-altering experience. Following these guidelines can help minimize the immediate stress and significantly aid in pursuing a personal injury claim to secure your rightful compensation.
What Are the Common Causes of Vehicle-Pedestrian Accidents?
Understanding the common causes of pedestrian accidents can highlight the risks pedestrians face and emphasize the importance of vigilance. Many pedestrian accidents are preventable and stem from driver negligence or hazardous conditions. Some frequent causes include:
- Driver Inattention: Careless drivers who fail to diligently scan the road for pedestrians are a major cause of accidents.
- Distracted Driving: Mobile phone use, eating, and other distractions divert driver attention away from the road, making pedestrians invisible to them.
- Driver Fatigue: Drowsy or fatigued drivers, especially those operating large vehicles like buses and trucks, have impaired reaction times and judgment.
- Speeding: Excessive speed reduces a driver’s ability to react and stop in time to avoid hitting a pedestrian.
- Right-Turn Violations: Drivers rolling through stop signs or red lights while making right turns often fail to yield to pedestrians in crosswalks.
- Wide Turns by Trucks: Large trucks making turns can swing wide, encroaching into pedestrian spaces and crosswalks.
- Impaired Driving: Driving under the influence of alcohol or drugs severely impairs водительскую способность and increases the risk of pedestrian collisions.
- Roadway Defects: Poorly designed, maintained, or repaired roadways can create hazardous conditions for pedestrians.
- Inadequate Lighting: Insufficient lighting, especially at night or in low-light conditions, reduces visibility for both drivers and pedestrians.
- Missing or Unclear Signage: Lack of proper signage, such as pedestrian crossing signs, can confuse both drivers and pedestrians.
- Obscured Crosswalks: Hidden or poorly marked crosswalks can lead drivers to overlook pedestrian crossings.
As a pedestrian, being aware of these common causes underscores the need for constant vigilance. Adopting a defensive mindset, assuming that drivers may not always be attentive, is a crucial safety strategy. However, when negligence causes an accident, a pedestrian accidents lawyer can help hold the responsible parties accountable.
Pedestrian Accident Statistics: Understanding the Scope of the Problem
The prevalence of pedestrian accidents is alarming, and the trend is deeply concerning. Despite efforts to improve road safety, pedestrian fatalities have seen a disturbing increase. Between 2010 and 2021, pedestrian deaths in the U.S. surged by 77%, highlighting the growing dangers pedestrians face. Examining recent statistics provides a clearer picture of the risks:
In 2020:
- National Fatalities: 6,565 pedestrians were killed in traffic accidents across the United States.
- Los Angeles Impact: 2,616 people were injured or killed by drivers in Los Angeles alone.
- Los Angeles County Toll: 4,661 pedestrians were injured or killed in traffic accidents within Los Angeles County.
- San Diego County Impact: 979 pedestrians were injured or killed in traffic collisions in San Diego County.
- Orange County Figures: 591 pedestrians were injured or killed in traffic crashes in Orange County.
These statistics underscore the harsh reality of pedestrian accidents in Southern California and nationwide. The high numbers of injuries and fatalities emphasize the critical need for pedestrian safety awareness and the importance of having a pedestrian accidents lawyer on your side if the unthinkable happens.
What Are the Most Frequent and Severe Injuries in Pedestrian Accidents?
Due to the vulnerability of pedestrians when struck by vehicles, injuries sustained in pedestrian accidents are often severe and life-altering. The lack of protection leaves pedestrians susceptible to direct impact and significant trauma. Common serious injuries include:
- Traumatic Brain Injuries (TBI): Head trauma resulting from impact can lead to a range of cognitive, physical, and emotional impairments.
- Wrongful Death: Tragically, pedestrian accidents often result in fatalities, leading to wrongful death claims by surviving family members. A pedestrian accidents lawyer can assist families in these devastating situations.
- Nerve Damage: Injuries to nerves can cause chronic pain, numbness, tingling, and conditions like radiculopathy.
- Spinal Cord Injuries and Paralysis: Damage to the spinal cord can result in temporary or permanent paralysis, impacting mobility and bodily functions.
- Post-Traumatic Stress Disorder (PTSD): The emotional trauma of a pedestrian accident can lead to PTSD and other mental health challenges.
- Bone Fractures: Broken bones, especially in the legs, hips, arms, and ribs, are common due to the force of impact.
- Internal Organ Damage: Blunt force trauma can cause damage to internal organs, requiring extensive medical intervention.
- Crush Injuries: Being pinned between a vehicle and another object can cause severe crush injuries, often requiring amputation in extreme cases.
- Ligament and Tendon Injuries: Sprains, tears, and other damage to ligaments and tendons can result in chronic pain and instability.
- Lacerations and Abrasions: Cuts, scrapes, and road rash are common injuries from impact with the vehicle and the road surface.
- Muscle Strains and Sprains: Soft tissue injuries, while sometimes less visible, can still cause significant pain and mobility issues.
What Can I Claim for Pedestrian Accident Case
Understanding Your Pedestrian Injury Claim: What Compensation Can You Pursue?
The legal system recognizes the significant impact of pedestrian accident injuries and allows victims to seek financial compensation for their losses. A pedestrian accidents lawyer can help you understand the types of damages you can claim, which are broadly categorized into economic and non-economic damages.
Economic Damages: These are tangible financial losses you’ve incurred due to the accident. They include:
- Medical Expenses: Past and future costs of medical treatment, hospital stays, surgeries, therapy, and medications.
- Lost Income: Wages lost from being unable to work, as well as diminished future earning capacity if injuries prevent you from returning to your previous job.
- Wrongful Death Damages: In cases of fatality, compensation for loss of the deceased’s income and financial support to dependents.
- Property Damage: Compensation for damaged personal property, such as electronics or belongings you were carrying during the accident.
- Out-of-Pocket Expenses: Costs related to the accident, such as prescription co-pays, medical equipment, and transportation to medical appointments.
- Vocational Rehabilitation: Expenses for retraining or education if you need to change careers due to accident-related disabilities.
- Other Financial Losses: Any other provable financial losses directly resulting from the pedestrian accident.
Non-economic Damages: These damages address the intangible, personal losses resulting from the accident, such as:
- Pain and Suffering: Compensation for physical pain and discomfort experienced due to injuries.
- Emotional Distress: Damages for emotional anguish, anxiety, depression, and psychological trauma caused by the accident.
- Loss of Enjoyment of Life: Compensation for the diminished ability to participate in hobbies, activities, and life’s pleasures due to injuries.
- Wrongful Death Damages: Compensation for the emotional loss suffered by family members due to the death of a loved one, including loss of companionship and love.
- Loss of Consortium: Damages for the impact of injuries on the marital relationship, affecting intimacy and companionship (claimed by the spouse of the injured person).
- Other Non-Economic Losses: Compensation for any other intangible losses suffered as a result of the pedestrian accident injuries.
A skilled pedestrian accidents lawyer will meticulously assess your case to ensure all applicable damages are identified and pursued, maximizing your potential compensation.
What if You Lack Health Insurance and Can’t Afford Medical Treatment?
Concerns about medical bills should not prevent you from seeking necessary treatment after a pedestrian accident. If you lack health insurance or are worried about affording medical care, a reputable pedestrian accidents lawyer can provide solutions. Many firms, like internetlawyers.net, have established networks with doctors, specialists, and medical facilities that provide treatment on a “lien basis.” This means you receive the medical care you need without upfront costs, and the medical providers are paid from the settlement or judgment you receive from your pedestrian accident case.
Furthermore, experienced legal staff can often assist you in exploring options for free or low-cost health coverage, such as Medi-Cal, Medi-Care, or other programs, ensuring you have access to ongoing medical care and support. Your health is the priority, and financial barriers should not impede your recovery.
Who Could Be Held Liable in a Pedestrian Accident?
Identifying all potentially liable parties is a crucial step in maximizing your compensation after a pedestrian accident. A thorough investigation by a pedestrian accidents lawyer can uncover various parties who may share responsibility. Potentially liable parties can include:
- The Negligent Driver: The most direct at-fault party is often the driver of the vehicle whose negligence caused the accident.
- Driver’s Employer: If the driver was working at the time of the accident (e.g., a delivery driver, truck driver), their employer may be vicariously liable.
- Public Entities: If the at-fault driver was operating a government vehicle or was a public employee, the responsible government entity can be held accountable.
- Government Entities for Roadway Defects: Public entities responsible for road design, maintenance, and repair can be liable if roadway defects contributed to the accident. This includes issues like poor signage, inadequate lighting, or dangerous road configurations.
- Public Entities for Known Hazards: If a public entity is aware of a dangerous road condition or intersection and fails to take action to improve safety, they may be liable.
- Third-Party Contractors: Construction companies or other contractors whose worksites create hazards for pedestrians can be held liable if their negligence contributes to an accident.
A comprehensive investigation by a pedestrian accidents lawyer is essential to identify all responsible parties and build a strong case for maximum recovery.
How Does a Pedestrian Accidents Lawyer Establish Liability?
Proving fault is central to a successful pedestrian accident claim. Experienced pedestrian accidents lawyers are adept at investigating and building compelling cases to demonstrate the liability of negligent parties. This process typically involves:
- Immediate Investigation: Promptly initiating a thorough investigation, including visiting the accident scene, gathering police reports, and collecting evidence.
- Witness Interviews: Actively seeking out and interviewing witnesses to obtain firsthand accounts of the accident.
- Video Evidence Retrieval: Locating and securing any available video footage of the accident, such as traffic camera footage or surveillance videos from nearby businesses.
- Accident Pattern Analysis: Researching accident databases and records to identify any patterns of pedestrian accidents at the specific location, which may indicate known hazards or negligence.
- Strategic Legal Tactics: Developing a winning legal strategy to pursue all avenues of compensation from all liable parties.
- Aggressive Litigation: If necessary, initiating a lawsuit and employing robust litigation techniques, including discovery and depositions, to uncover crucial evidence and expose wrongdoing.
- Expert Collaboration: Working with accident reconstruction experts and medical professionals to strengthen the case and accurately assess damages.
- Trial Readiness: Preparing a strong case for trial, with a skilled trial team ready to advocate fiercely for your rights before a judge and jury if a settlement cannot be reached.
A dedicated pedestrian accidents lawyer leaves no stone unturned in establishing liability and building a powerful case to secure the compensation you deserve.
What if You Were Partially at Fault for the Pedestrian Accident?
California’s comparative fault law allows you to recover compensation even if you were partially responsible for the pedestrian accident. Under this principle, your recovery is reduced proportionally to your percentage of fault. For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. You can still recover damages even if you are assessed to be up to 99% at fault. A pedestrian accidents lawyer can help protect you from unfair fault allocation and ensure your rights are upheld under comparative negligence principles.
What Are the Time Limits for Filing a Pedestrian Accident Lawsuit?
Understanding deadlines is critical in pedestrian accident cases. In California, the statute of limitations for most pedestrian injury lawsuits is typically two years from the date of the accident. However, claims against public entities have a significantly shorter deadline. You must file a Government Claim Form within six months of the accident if you intend to sue a public entity or employee. Missing these deadlines can permanently bar your right to pursue compensation. Given the complexities and varying factors that can affect deadlines, it is imperative to consult a pedestrian accidents lawyer immediately after a pedestrian accident to ensure timely action and protect your legal rights.
How Long Does a Pedestrian Accident Lawsuit Typically Take?
The timeline for a pedestrian accident lawsuit can vary depending on numerous factors, but generally, it can take 12 to 18 months from filing a lawsuit to reaching a trial date in California. This timeframe can be extended if trial postponements become necessary, particularly if you are still undergoing medical treatment. However, many pedestrian accident cases are resolved through settlement negotiations before reaching trial.
The legal process involves several phases, including:
- Written Discovery: Exchanging written questions and document requests between parties.
- Depositions: Taking sworn testimony from parties and witnesses.
- Expert Witness Phase: Engaging expert witnesses, such as accident reconstructionists and medical experts, to provide analysis and testimony.
- Settlement Negotiations: Attempting to reach a settlement agreement with the at-fault party or their insurance company.
- Trial Preparation and Trial: Preparing for and proceeding to trial if a settlement cannot be reached.
A pedestrian accidents lawyer will guide you through each phase of the lawsuit, working diligently to achieve the most favorable outcome in a timely manner.
What Financial Assistance is Available if You Are Unable to Work After a Pedestrian Accident?
The inability to work due to pedestrian accident injuries can create significant financial hardship. Fortunately, options for financial assistance may be available. Many law firms have relationships with lending companies that provide loans secured by your pending pedestrian accident case. These loans can help cover living expenses while your case is ongoing and are typically repaid from your settlement or judgment. Additionally, in certain circumstances, some firms may be able to provide a financial advance on your anticipated settlement proceeds to help you manage immediate expenses. Lost income is a recoverable damage in your pedestrian accident claim, and a pedestrian accidents lawyer will pursue compensation for your lost earnings.
What if You Are Not Fluent in English?
Language barriers should not prevent you from pursuing your legal rights after a pedestrian accident. Reputable law firms, like internetlawyers.net, provide services in multiple languages and have access to licensed interpreters proficient in various languages and dialects. If you are not comfortable communicating in English, a pedestrian accidents lawyer will ensure you have interpreter services for all stages of your case, including consultations, depositions, and trial, ensuring clear and effective communication.
Can Undocumented Individuals Pursue a Pedestrian Accident Claim?
Immigration status is not a barrier to justice in California pedestrian accident cases. California law explicitly protects the rights of undocumented individuals to pursue personal injury claims. Your immigration status is legally irrelevant to your pedestrian accident case and cannot be used against you. However, some opposing parties may attempt to use immigration status as an intimidation tactic. A knowledgeable pedestrian accidents lawyer will vigorously protect your privacy and rights, preventing any such intimidation and ensuring your case proceeds fairly, regardless of your immigration status.
Why Choose Our Pedestrian Accidents Lawyers at internetlawyers.net?
Choosing the right pedestrian accidents lawyer is paramount to the success of your claim. At internetlawyers.net, we prioritize our clients and are guided by core principles of individual dignity, excellence, and dedicated service. Our award-winning pedestrian accident attorneys work within a highly skilled team of legal professionals and support staff, providing comprehensive representation.
With a proven track record of success and a commitment to client well-being, we offer:
- Extensive Experience: Years of experience handling pedestrian accident cases, providing in-depth knowledge and strategic expertise.
- High Success Rate: A remarkable success rate in securing favorable outcomes for our clients.
- Significant Recoveries: A history of recovering substantial compensation for pedestrian accident victims.
- Trial-Ready Team: A formidable trial team with a record of securing multi-million dollar verdicts and settlements, prepared to litigate aggressively when necessary.
- Client-Centered Approach: Prioritizing client communication, keeping you informed, addressing your questions, and involving you in key decisions.
- Comprehensive Support: Assisting with medical care access, financial resources, and all aspects of your recovery.
Our primary goal is to help you recover from your injuries and hold all responsible parties accountable. If you or a loved one has been injured in a pedestrian accident, contact us today for a free, no-obligation consultation at [Phone Number]. Our pedestrian accidents lawyers are available 24/7 to assist you. There is no fee unless we recover compensation for you.