Pedestrian accidents are an ongoing concern in Southern California, posing significant risks to public safety. Statistics from the California Department of Public Health (CDPH) highlight the severity of the issue, with approximately 13,000 pedestrian injuries occurring annually in the state. These incidents often lead to devastating injuries for pedestrians, who are particularly vulnerable in collisions with vehicles.
Following a pedestrian accident, securing fair compensation for injuries and losses can be a complex and challenging process. Insurance companies often prioritize their financial interests, making it difficult for victims to navigate claims effectively. This is where the expertise of a Los Angeles Pedestrian Accident Lawyer becomes invaluable. At Dolan Law Firm, our dedicated attorneys are committed to advocating for injured pedestrians, ensuring they receive the full financial recovery they are entitled to under the law. If you or a loved one has been injured in a pedestrian accident in Southern California, reaching out to our law firm today can provide you with immediate legal guidance and support.
Steps to Take After a Pedestrian Accident in Los Angeles
1. Seek Immediate Medical Attention
Pedestrian accidents often result in serious harm due to the pedestrian’s lack of protection. Prompt medical care is crucial in every pedestrian accident scenario. In emergency situations, calling for an ambulance to transport the injured pedestrian to the nearest hospital is paramount. Even in seemingly non-emergency cases, a thorough medical evaluation is still necessary. Many common pedestrian accident injuries, including concussions and soft tissue injuries, may not be immediately apparent. An injured pedestrian might be more seriously hurt than initially perceived. Furthermore, valid medical documentation is essential for pursuing a pedestrian accident claim in Los Angeles.
2. Document the Accident Scene Thoroughly
The aftermath of a pedestrian accident can be disorienting and confusing. Victims may struggle to know the best course of action to protect their interests. Beyond addressing medical needs, gathering and preserving evidence related to the collision is critically important. Comprehensive documentation strengthens a potential legal claim. Whenever possible, you should attempt to take photographs of the accident scene, document your injuries, collect contact information from the driver involved, obtain contact details from any witnesses, and secure a copy of the police report.
3. Consult with a Los Angeles Pedestrian Accident Attorney
Pedestrian accident claims in California are frequently defended by large insurance corporations known for their aggressive tactics. These companies often employ various strategies to minimize payouts. It is strongly advised against providing a statement to an opposing insurance adjuster without legal representation following a pedestrian accident in Los Angeles, as their interests are not aligned with yours. Instead, engaging with the insurance carrier through an experienced Los Angeles pedestrian accident lawyer is crucial. Your attorney will act as your advocate, ensuring your rights are protected when dealing with the insurance company and leveling the playing field in the claims process.
Understanding Pedestrian Rights in California
If you are a pedestrian in Los Angeles, it’s essential to be aware of your rights. California law mandates that all drivers owe pedestrians a duty of care. This legal obligation requires drivers to operate their vehicles in a reasonably safe manner and to be vigilant in protecting pedestrian safety. Furthermore, specific California Vehicle Codes reinforce pedestrian rights:
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Right-of-Way in Crosswalks: California Vehicle Code Section 21950(a) generally grants pedestrians the right-of-way in crosswalks. While pedestrians must still exercise caution for their own safety, drivers are required to be exceptionally careful and yield to pedestrians within marked crosswalks. There are limited exceptions, but the primary responsibility to avoid collisions in crosswalks rests with drivers.
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Right to Sidewalk Access: Pedestrians have a legal right to the unobstructed use of sidewalks. When a vehicle is crossing a sidewalk, drivers are unequivocally required to yield to pedestrians. There are no exceptions to this rule.
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Right to Safety from Negligent Drivers: While pedestrians also have a responsibility to act safely, they have the fundamental right to be safe from drivers operating vehicles dangerously. If a driver’s negligent actions, such as speeding, distracted driving, or any other form of carelessness, result in striking a pedestrian, that driver has violated the pedestrian’s rights and must be held accountable for their negligence.
Establishing Fault in a Pedestrian Accident Case
California operates under a comparative negligence legal system. This principle of comparative fault is central to pedestrian accident claims in Los Angeles. To successfully hold a driver or another party liable for a pedestrian accident, the injured party (plaintiff) must demonstrate that the defendant acted negligently or carelessly and that this negligence was a contributing factor to the accident.
Proving negligence can sometimes be a complex undertaking. In California’s comparative negligence framework, defendants may attempt to shift blame onto the pedestrian, alleging they were partially or fully responsible for the accident. If a pedestrian is found to be partially at fault for their injuries, the amount of financial compensation they can recover will be reduced proportionally to their degree of fault. To prevent this from unfairly diminishing your rightful compensation, representation by a skilled pedestrian accident attorney in Los Angeles is crucial. A lawyer can conduct a thorough investigation of your case, gather essential evidence, and build a strong case to prove the other party’s negligence.
Seeking Full Compensation for Pedestrian Accident Injuries
California law entitles injured pedestrians to seek financial recovery for the complete extent of their losses (damages). However, obtaining this full compensation can present challenges. Even with clear liability established, recovering adequate financial compensation depends on effectively documenting and proving the full scope of your losses. Demonstrating damages is a critical, yet often underestimated, aspect of the personal injury claims process. At Dolan Law Firm, our Los Angeles pedestrian accident lawyers possess the experience to assist victims in maximizing their financial recovery. We can help you pursue claims for various damages, including:
- Emergency room treatment
- Costs of ongoing medical care
- Expenses for rehabilitation services
- All other accident-related medical costs
- Compensation for temporary or permanent disability
- Recovery of lost income, both present and future earnings
- Damages for pain and emotional suffering
- Compensation for reduced quality of life
- Damages for permanent scarring or disfigurement
- Wrongful death damages, in cases of fatal pedestrian accidents
Have You Been Injured in a Los Angeles Pedestrian Accident?
We are here to assist you. At Dolan Law Firm, our highly-rated California car accident lawyers have extensive experience in handling pedestrian accident cases. If you or a family member has suffered injuries in a pedestrian collision, our dedicated legal team is prepared to help you secure the full financial compensation you deserve.
For a free, no-obligation consultation to evaluate your case, please contact Dolan Law Firm today. We handle pedestrian accident claims in Los Angeles and throughout surrounding Southern California communities, including Long Beach, Torrance, Pasadena, El Monte, Downey, Inglewood, and West Covina.
