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Pedestrians face multiple hazards. In a state with a high number of residents, there are many pedestrians and many drivers, making for potentially dangerous situations. However, pedestrian accidents can occur in a variety of settings. Vehicles are not the only causes for pedestrian accidents. Other causes like bicycles or off-leash dogs can also be risk factors.
Pedestrian accidents with vehicles make up the greatest amount of personal injury claims. Under California law, pedestrian accidents fall under personal injury lawsuits and pedestrians can therefore file against the party at fault for the accident.
Typically, these cases come down to two parties: the driver and the pedestrian. When doing an investigation and determining liability, the two sides will be evaluated based on some common scenarios as described below.
Drivers are expected to demonstrate reasonable care while driving, especially when pedestrians are nearby. Failure to exercise such reasonable care is considered negligence.
A pedestrian is also expected to exercise reasonable care for his or her safety, as well as the safety of others. This care has to be proportional to the danger present, given road and traffic conditions. Sometimes, pedestrians may be viewed as having “contributory negligence.” Contributory negligence may be taken into account against a pedestrian if they did not exercise reasonable care and contributed to the cause of his or her own injuries or the injuries of others.
Factors such as urban living, walkable communities, high-speed vehicles, and tourists unfamiliar with streets start to weave together into a complex web in the LA area. It is estimated that the residents of California have some of the highest rates of pedestrian deaths and injuries in the country.
If the vehicle involved in the pedestrian accident was a government or work vehicle, then complications can rise in pursuing justice. The reason for this is because most businesses and government agencies that involve professional driving services often keep lawyers retained so they can quickly settle any potential cases for as little as possible. You need someone by your side who understands what tricks these companies and agencies might try, so you can get the justice you deserve.
Some scenarios may see the at-fault party pushing for a quick settlement. Beware! It may seem great to have the issue handled quickly, but you will likely be taking a deal that undermines the seriousness of your injuries and continued medical care expenses and potentially lost wages. Consulting with an experienced attorney is your best bet for determining if the settlement being offered is a just one.
In order to pursue a legal claim for a pedestrian injury accident, certain criteria must be established.
The three main components are:
If these three factors can be proven, then a personal injury lawsuit can move forward. So let us unpack a little more of what these three factors really mean.
Duty of care: the at-fault party had a duty to maintain a level of care to pedestrians. Examples of this include a driver who approached a crosswalk and therefore had a duty to maintain care of any potential pedestrians in the crosswalk, or a business with a front sidewalk who had a duty to maintain an even and safe walking surface.
Negligent breach of care: this means that the at-fault party should have reasonably been aware of potential hazards and taken care of them. Therefore, a closed business with visibly posted “No Trespassing” signs has a very different level of liability than an open business with regular foot traffic.
Injury caused to the pedestrian: injuries occurred as a direct result of the accident. Evidence must be gathered showing that these three factors were casually related.
Gathering the evidence for these factors is where a lawyer can really help. Instead of you having to handle your recovery, medical care, AND legal case, an experienced law firm can help you remove some of that stress by taking over the details of your case for you. They will collect the evidence for your medical treatment, witness testimonies, photographic evidence of the scene, and so on. Every bit of proof that can be collected helps your case.
Under the California Code of Civil Procedure, Section 335.1, a pedestrian who was injured in an accident has two years in which to file a case against the at-fault party or parties.
Under the California Government Code, Section 911.2, a pedestrian who was injured in an accident with an at-fault government entity only has six months to file.
No matter your circumstances, filing sooner is always better!
No. Pedestrian accidents can involve any party that caused injury due to negligence where they had a reasonable duty of care to pedestrians. Along with vehicles, this can also include bicycles, off-leash dogs, uneven sidewalks, and more.
If you were hit by a negligent driver, then you should seek legal advice in order to pursue a claim for your injuries. Generally speaking, drivers maintain a duty to pedestrians at all times; therefore, it is important to seek legal advice on how to approach your case, as well as seeking immediate medical attention.
Like with a vehicle accident, you will need to prove negligence and duty of care. If the dog is off-leash in an area with leash laws, then negligence for duty of care can be easily ascertained.
Seek immediate medical attention. Even if you think your injuries aren’t that bad, it’s important to start documenting everything right away. A medical professional might very well find an injury that could become far more serious than what you may be unaware of. Make sure you maintain good records and seek legal counsel to help you win your case.
Damages can be awarded for the various expenses and lost wages that accrue while you are recovering. Amount of damages awarded will vary with the severity of the injuries suffered.
This can be a common tactic for trying to avoid a lawsuit. Fault can get confusing and each party can wind up claiming the other is to blame for the accident. California has a “comparative fault” law that states parties can still be awarded damages even if they are partly to blame for the accident.
Yes; however, in the event of a death the lawsuit would fall under wrongful death rather than personal injury.
Many variables affect the timeline on settlements. Hiring an experienced attorney will help speed up this process, though, and is your best bet for getting the best settlement within the best timeframe.
Perhaps the most important step here is getting representation. An insurance company will want to rush through the claim, but your injuries and suffering are not a light matter. Let an attorney advocate for your cause. We can advise on a fair settlement, the best medical treatment for your case and compensating for this disruption to your time and family.
Call us for a free consultation, no risk to you. We will work on a contingency basis; no fee if we do not win for you!
