Pedestrian Accident Attorneys in Los Angeles

Walking in Los Angeles is not only great exercise, it’s also a preferable commute option for some people, given the frustrating traffic situation in the greater LA area. Unfortunately, opting to walk rather than drive isn’t always the safer choice. Los Angeles has been ranked as the second deadliest city for pedestrians in the last decade. If you or someone you love suffered injuries as a pedestrian, contact a Los Angeles pedestrian accident attorney at Peerali Law today.

What to Do After a Pedestrian Accident

There are a few steps that pedestrians should always take if they are involved in an accident:

  1. Call 911. Nothing is more important than the safety and well-being of everyone involved in the crash. 
  2. Seek immediate medical attention if necessary. 
  3. Collect evidence. A copy of the police report, videos or photographs, witness contact information, and a personally written account of the accident can help prove your case.
  4. Contact your insurance company about the accident. It may also be helpful to get a pedestrian injury accident attorney in Los Angeles to help with insurance claims.
  5. DO NOT make any official statements to insurance companies or other parties. Contact a knowledgeable attorney first. It is also useful to avoid posting about the accident on social media.
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Following these steps will best protect the health of everyone involved. They will also help ensure a strong foundation for any personal injury case stemming from the accident. 

Pedestrian Protections in California

Some specific laws are designed to keep pedestrians safe, but they only work if drivers pay attention and follow the rules. 

One of these protections is California Vehicle Code Section 29150, which says drivers must yield the right-of-way to a pedestrian crossing the street or road at a marked crosswalk or within a marked crosswalk at an intersection.

Drivers must also exercise due care when approaching a pedestrian in either a marked or unmarked crosswalk. They should reduce their speed and take other necessary actions to keep from striking the pedestrian.

Common Pedestrian Injuries

Injuries in pedestrian accidents are typically severe because your body makes direct contact with a moving vehicle. As a pedestrian, you lack the same safety protections as vehicle occupants, increasing the risk of severe injuries. 

Some of the more common injuries we see in pedestrian accidents include the following:

  • Spinal cord injuries, including paralysis;

  • Traumatic brain injuries;

  • Internal organ damage;

  • Fractured and broken bones;

  • Torn and sprained ligaments; and

  • Lacerations, abrasions, and contusions.

Victims often have lifelong residual pain or may be permanently disabled. Maximizing your compensation is crucial to help pay for future treatment and supplement disability benefits if you can’t return to work. 

We recommend retaining a knowledgeable and experienced Los Angeles pedestrian accident law firm, like Peerali Law, that knows how to build a solid case that supports maximum recovery.

Who is at Fault?

In many pedestrian injury cases, the driver of the vehicle causes the accident and is at fault. To hold a driver accountable, the victim must show that the driver was negligent and that the driver’s negligence caused the victim’s injury. 

In many pedestrian injury cases, the driver of the vehicle causes the accident and is at fault. To hold a driver accountable, the victim must show that the driver was negligent and that the driver’s negligence caused the victim’s injury. 

The question of who is at fault is critical to any personal injury lawsuit. If a victim can not prove negligence on the driver’s part, it is unlikely they will be able to recover compensation. A Los Angeles pedestrian accident attorney can help a victim determine the best way to prove fault after an accident. 

Causes of Pedestrian Accidents in California

Pedestrian accidents can occur for any number of reasons. Some of the most common ones include:

  • Distracted driving, such as texting, looking at the GPS, changing a radio station, eating, or speaking with passengers;
  • Driving over the speed limit;
  • Driving under the influence of drugs or alcohol;
  • Not signaling before turning at an intersection;
  • Not respecting a pedestrian’s right-of-way when crossing an intersection;
  • Driving while fatigued; and
  • Driving at night or when visibility is reduced.

If you suffered injuries due to a driver’s negligence, speak with a Los Angeles pedestrian accident attorney as soon as possible.

Determining Liability in a Pedestrian Accident

Many people assume the motorist is always at fault when a pedestrian is struck by a vehicle. 

While that’s often true, there are some situations in which a pedestrian might be partially to blame. Before you can collect any money for your injuries, you must prove the driver is liable.

To successfully prove liability, you must show evidence of the following four things:

  • The driver owed you a duty of care;
  • The driver breached this duty of care;
  • The driver’s actions caused your injuries; and
  • You suffered losses you can be compensated for because of your injuries.

 

Proving the driver owed you a duty of care is usually easy because motorists are expected to follow traffic rules and regulations. When a driver fails to follow traffic laws, they breach this duty. 

The third element is causation, which means you must show the driver’s breach led to your injuries. If something or someone else caused your injury, you wouldn’t be able to prove causation. Finally, you must have evidence of damages, such as medical expenses or lost wages.

What If the Pedestrian is Partially at Fault? 

It is still possible for a pedestrian to recover compensation even if they were partially at fault for the accident. First, a pedestrian must show that the driver was also partially at fault and acted negligently. 

Once the pedestrian demonstrates fault, the court can apportion blame based on the comparative negligence rule. According to this rule, the injured party can recover damages. 

However, the court will reduce those damages by the percentage of blame it places on the injured person.

Types of Compensation

Damages in negligence cases are meant to compensate the victim for the costs of the injuries they suffered. Common recoverable damages after an accident involving a pedestrian include:

  • Medical costs, 
  • Long-term care,
  • Lost wages, 
  • Pain and suffering,
  • Mental anguish,
  • Disability, and
  • Physical rehabilitation.
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A Los Angeles pedestrian accident attorney will help determine what damages you should be able to recover. 

Statute of Limitations in a Pedestrian Accident Case

Another reason to hire a skilled pedestrian accident attorney in Los Angeles is to ensure you don’t miss any important legal deadlines, such as the statute of limitations. 

In most cases, you only have two years from the date of the accident to file a lawsuit. While that might seem like a lot of time, it can fly by faster than you think, especially in cases with severe injuries that require extensive treatment.  

Some circumstances can increase or reduce your filing time. If your claim involves a government entity as a defendant, you might have as little as six months to file an administrative claim. 

That’s why it’s important to contact an attorney as soon as possible after you’ve been in an accident. An experienced pedestrian accident attorney can explain how the statute of limitations applies to your case and can help you file your claim on time.

Comparative Negligence Laws in California

In California, you can still collect a portion of your damages even if you’re partially responsible for the accident. That’s because California has a pure comparative negligence law. 

However, your recovery would be proportionally reduced by your percentage of fault. For example, if a jury finds you 20% at fault for the accident, then you can receive 80% of your damages from the driver.

Insurance companies will use every tactic possible to place more fault on you to save money. You need a strong litigator to help you craft persuasive pedestrian accident liability arguments. 

At Peerali Law, we know all the tricks and tactics the insurance company will use to deflect liability. Let a pedestrian accident lawyer at our firm help you gain the upper hand when you’re dealing with an insurance company.

 

Why Hire a Los Angeles Pedestrian Accident Attorney?

You might be wondering if hiring a lawyer to represent you is necessary. While it’s not legally required, having an attorney represent you can make your life easier in many ways. 

Insurance companies know victims are struggling and need cash quickly, especially when facing permanent disability. However, you need a legal advocate to protect your rights when negotiating with an insurance company. Otherwise, the insurance company will offer you far less than your case is worth.

Fortunately, you don’t have to go through this frustrating process alone. The legal team at Peerali Law is here to help. We have years of experience assisting injured pedestrians just like you. 

We’ve recovered millions of dollars on behalf of our clients and aren’t afraid to stand up to government entities, corporations, and insurance companies.

Our clients are our number one priority. You need to concentrate on your recovery, not fight with the insurance company or the driver who hit you. 

We are passionate about helping our clients get the compensation they deserve. Let us be your legal advocate and protect your rights following a pedestrian accident in Los Angeles. You can contact us online or by phone to schedule a consultation. 

Our Pedestrian Accident Lawyers in Los Angeles Can Help!

If you are a pedestrian injured in a vehicle accident, our pedestrian accident lawyers in Los Angeles at Peerali Law can help. Our attorneys take time to craft innovative and creative legal solutions to personal injury matters. 

We are a boutique firm whose primary focus is seeking justice for our clients. The attorneys at Peerali Law care deeply about each and every case, and will put you in the best position to recover the compensation you deserve. 

We have obtained millions of dollars in verdicts and settlements for our clients. Contact Peerali Law today so we can help you fight for the compensation you deserve.