In large, busy cities like Los Angeles and throughout California, there are numerous reasons pedestrian accidents can occur. Pedestrians may step out from behind a parked car or truck into traffic not realizing the oncoming cars have no way of seeing them until it’s too late. In other cases, small children can run right out in front of a car with no warning.
Unfortunately, however, a large number of pedestrian accidents occur because of driver distraction. If you or a loved one has been injured or killed in a pedestrian accident, call a pedestrian accident attorney at Nordanyan Law. We offer a free consultation, and you pay nothing unless you win.
Do your best to remain calm and levelheaded after a pedestrian accident. Although you may be in severe pain, frustrated, stressed or angry at the driver who hit you, it is in your best interest to stay composed. There are steps you need to take immediately after a pedestrian collision to protect your legal rights:
1. Call 911 to report the accident.
2. Do not admit any fault for the pedestrian accident.
3. Stay where you are and try not to move until paramedics arrive.
4. Get the name, phone number and auto insurance information of the driver who hit you.
5. Write down the names and phone numbers of any eyewitnesses.
6. Take photographs while still at the scene of the accident, if possible.
7. Go to a hospital immediately.
8. Gather information about the accident, such as copies of a police report and medical records.
9. Call the driver’s auto insurance company to make an initial claim.
10. Consult with a pedestrian accident lawyer before settling.
Contact an attorney as soon as you can for advice on what steps to take after a pedestrian accident. A lawyer can take over the complicated legal process for you while you concentrate on healing from serious physical and emotional injuries.
A statute of limitations is a deadline that will affect your pedestrian accident claim in California. If you miss your deadline, the courts will most likely refuse to hear your lawsuit – resulting in the loss of the ability to hold a driver or another party responsible. Statutes of limitations differ from state to state, as well as according to the type of lawsuit.
The statute of limitations on a pedestrian accident in California is two years from the date of the collision, according to California Code of Civil Procedure Section 335.1. This is the deadline in California on most actions brought for injuries caused by the wrongful act or neglect of another. The clock may start ticking on the date of injury discovery rather than the date of the accident if you do not notice your injury right away. If you are filing against the government, you will only have six months to provide notice of the claim.
Damages is the legal term for both the losses suffered by a plaintiff and the amount of financial compensation he or she could recover with a claim. The damages available in your pedestrian accident case will depend on the extent of your injuries and the types of losses. A pedestrian accident attorney in can help you create a comprehensive list of all of your past and future damages.
• Hospital bills
• Ongoing medical treatments
• Physical therapy
• Lost wages
• Lost earning capacity
• Disability costs
• Out-of-pocket expenses
• Loss of consortium
• Pain and suffering
• Scarring or disfigurement
• Wrongful death damages
• Punitive damages
You may have the right to demand financial compensation for many types of damages as the victim of a pedestrian accident in California. Before you accept a settlement from an insurance company, consult with an attorney about the true value of your claim. A pedestrian accident lawyer’s evaluation may place the claim’s value higher than the settlement offer from an insurer. An attorney can give you advice you can trust.
Most pedestrian accidents are avoidable. They occur when one or multiple parties are negligent. Negligence in personal injury law is an act of carelessness that causes injury or harm to others. If a driver is negligent behind the wheel, he or she may collide with a pedestrian. Determining the cause of a pedestrian accident is one of the first steps in a claim for financial compensation.
• Distracted driver
• Texting while driving
• Reckless or drunk driving
• Red-light running or rolling through a stop sign
• Reversing without looking
• Speeding in a school zone
• A bus or truck driving too close to a sidewalk
• Unsafe passing at a crosswalk
• Failing to yield the right-of-way at an intersection
• Pedestrians distracted by cell phones or headphones
• Walking while intoxicated
• Children running into the road
• Other broken traffic laws
Driver error is the number one cause of pedestrian collisions in California. Drivers have a legal obligation to pay attention to the road, be aware of their surroundings and obey California’s pedestrian laws. If a driver breaches any of these duties and causes a pedestrian injury or death, the driver will be liable. Otherwise, liability will go to the person or party most at fault for causing the accident.
When a vehicle strikes a pedestrian, the pedestrian can suffer serious injuries to his or her legs, pelvis, torso, chest, or head. The vehicle often strikes the lower extremities first, then additional areas of the body suffer injuries in subsequent collisions with the vehicle and/or the road. At Nordanyan Law, our pedestrian accident lawyers have helped dozens of pedestrian accident victims through the claims process. We understand the most common types of injuries sustained in these types of accidents.
• Broken bones
• Skull fractures
• Traumatic brain injuries
• Spinal cord injuries
• Neck and back injuries
• Internal organ damage
• Lacerations and road rash
• Fatal injuries
Our firm has the power to represent clients who have suffered permanent or catastrophic injuries. We have obtained fair awards for clients with long-term disabilities such as brain damage and paralysis. We do not stop at insurance negotiations if we believe a trial will result in better compensation. Our pedestrian accident lawyers are not afraid of taking powerful corporations to court in pursuit of top results.
Liability is the legal term for responsibility. In personal injury law, liability refers to both legal and financial responsibility for a victim’s damages. Damages describe both economic and non-economic losses suffered by a victim. Assigning liability in a pedestrian accident case in California takes examining who or what caused the collision.
California is a fault-based car accident state. After a pedestrian collision, the injured party should seek financial recovery from the at-fault party. The driver that struck the pedestrian will most likely absorb fault for damages. Your pedestrian accident lawyer can help you build a case against the driver or another party based on the facts at hand.
• Driver. Texting and driving, failing to yield the right-of-way, speeding, and driving drunk are all common causes of pedestrian collisions. If a driver caused the accident, his or her auto insurance company will be liable for damages.
• City. The City may be accountable for defective sidewalks, crosswalks or street signals that contribute to a collision. If the city government should have recognized the hazard and remedied it before the crash, it will be liable.
• Company. If an on-duty driver for UPS, USPS, Uber, Lyft, a pizza delivery place or another establishment struck you, the company could be liable. Employers are generally vicariously liable for the mistakes of their employees.
Holding a driver or another party responsible may take a full investigation from a law firm. Our pedestrian accident attorneys can revisit the scene of your accident, help you gather evidence, obtain copies of police reports and take other steps to build a case against one or more parties in pursuit of fair recovery for your damages. Your case starts with a free consultation with one of our pedestrian accident attorneys.
Even when the pedestrian is partially at fault, this does not preclude a claim for compensation. Under California’s comparative fault rules, a pedestrian injured in an auto accident could still be entitled to recover partial compensation from the negligent driver. The pedestrian must prove the driver engaged in an unreasonably dangerous behavior which caused the accident such as:
• Driving under the influence;
• Driving while distracted;
• Exceeding the speed limit;
• Lack of visibility on the part of the driver;
• Driving while fatigued;
• Failing to yield the right-of-way to a pedestrian, or
• Ignoring traffic signals.
Avoiding pedestrian accidents requires that both parties remain alert and forego the use of headphone devices and cell phones. When pedestrians cross the street, they need to be especially aware of the traffic from all sides, and small children should always be held onto firmly when walking by a busy street.
If you were the victim of a pedestrian/auto accident or hit a pedestrian, you should immediately speak to an experienced pedestrian accident injury lawyer to determine what your liability is and to ensure your rights are protected.
We will help you get the justice and compensation you deserve for a wide-range of Personal Injury cases: Motor Vehicle Accidents, Premise Liability, Slip and Falls, Dog Bites/Animal Attacks, Catastrophic Injury Accidents, Wrongful Death Accidents, and more.