Pedestrian Accident Lawyers
As of January 1, 2023, California relaxed its jaywalking laws. Under the “Freedom to Walk Act,” pedestrians will not be ticketed for jaywalking unless they are crossing in a dangerous way. In other words, pedestrians are allowed to cross streets outside of crosswalks, given that they cross safely – always looking both ways before crossing and yielding to oncoming traffic.
This law has resulted in many questions, some of which include the following:
- Does this new law affect victims’ right to sue after a pedestrian accident?
- Can I still sue if I was injured in a pedestrian accident?
Below, we will discuss pedestrian accidents and answer these questions.
However, it is important to note that you could certainly have the right to file a pedestrian accident claim if you were struck by a vehicle as you were crossing a street. Our experts here at the Downtown L.A. Law Group are more than ready to handle your pedestrian accident claim and help you determine the legal options available to you. Our legal team has decades of experience handling personal injury claims, including pedestrian accident claims, always focused on fighting for the rights of our clients and getting them the best recovery possible. If you would like to discuss your legal options with the experts here at our law firm, contact us today.
Pedestrian accidents can result in devastating injuries, some of which can include the following:
- Head injuries
- Traumatic brain injuries
- Neck injuries
- Back injuries
- Spinal cord injuries
- Shoulder injuries
- Hip injuries
- Pelvic injuries
- Knee injuries
- Fractures (both simple and complex fractures)
- Crushing injuries
- Severed limbs
- Scrapes and bruises
- Road burn
In general, pedestrian accidents tend to result in devastating injuries because of the nature of the incident (pedestrian vs. auto).Some of the Causes of Pedestrian Accidents
Some of the common causes of pedestrian accidents include the following:
- Reckless driving (i.e., speeding, weaving in and out of traffic, driving distracted, driving under the influence of drugs or alcohol, etc.)
- Failing to yield to oncoming traffic (i.e., crossing when it is still unsafe to do so)
- Running into traffic
- Poorly designed crossings, poorly lit intersections, blind intersections, etc.
In general, pedestrian accidents can occur due to the negligence of drivers, pedestrians, and even city entities. No matter the specific cause of the incident, it is important that you understand that you could have the right to file a lawsuit.Can I Sue?
Can I sue if I was injured in a pedestrian accident? Yes – you could have the right to sue. Can I sue if I was injured in a pedestrian accident even after the new law came into effect? Yes – you could still have the right to sue. The new law does not affect your right to sue after a pedestrian accident.
It is important that you understand that you could have the right to sue no matter whether you were crossing at a marked crosswalk or not. Your right to sue would be based on the concept of negligence. Whether the incident was caused by the reckless actions of a driver (that was speeding or driving under the influence) or by the poor design of the intersection or crossing, you could have the right to sue. Drivers, for one, have a duty to drive safely and follow all traffic rules and signals to prevent incidents. City entities, likewise, have a duty to ensure that roads are safe for all – including drivers and pedestrians. When pedestrians are injured because of the negligent actions of drivers or city entities, then they could sue.
What if the pedestrian was jaywalking? Under the new law, pedestrians can cross streets anywhere (not just in marked crosswalks). Therefore, if a pedestrian was jaywalking and was struck, then they could still have the right to sue – given that that they crossed safely.
What if the pedestrian did not cross safely? Given that the pedestrian was reckless in crossing (i.e., the pedestrian failed to yield to traffic, ran into oncoming traffic, failed to look both ways, etc.) then the pedestrian could have some fault in the incident. This is called comparative negligence. In other words, even if there was negligence from a driver or city entity, the pedestrian was also partially negligent and contributed to the incident.
Still, the pedestrian could still sue – as long as the pedestrian was not fully responsible for the incident.
Without a doubt, it could be confusing to try and determine whether or not you have the right to sue after a pedestrian accident. For more information about the legal options available to you, contact the experts here at our law firm immediately. Our legal team can help you better understand your right to sue after a pedestrian accident.Can I Recover Compensation?
Yes – you can be eligible to recover compensation. Based on the details surrounding your claim, you could be entitled to compensation. Some of the compensation that you could recover could include the following:
- Medical expenses
- Lost income
- Pain and suffering
- Punitive damages
- Legal fees
- Wrongful death benefits: in the case of death, claimants could be awarded compensation for loss of consortium, loss of support, and funeral/burial costs.
As mentioned above, some pedestrians could be found comparatively negligent given that their actions contributed to the incident. Depending on the percentage that they are found to be negligent, the total compensation available for recovery could be reduced. For instance, if the pedestrian is found to be 50% negligent, then the total compensation would be reduced by 50%. That is, if your case ultimately has a value of $500,000, the victim would only be eligible to receive $250,000 based on comparative negligence.
Here at our law firm, our legal team is ready to go above it all to get you the highest settlement available for your claim. On average, pedestrian accident claims can be worth anywhere from $50,000 to $1.5 million – and sometimes even more. Our team is ready to go above it all to ensure that you get the settlement that you are owed as quickly as possible. In general, we can settle these cases in under two years, although we can sometimes settle these cases in just a few months. For more information about the possible compensation that you could be awarded, including questions about average case value or estimated settlement time, contact us today.
All pedestrian accident claims are subject to a statute of limitations or a deadline to sue. What deadline applies to your claim? In California, personal injury claims, including pedestrian accident claims, are subject to a two-year statute of limitations. This means that claimants only have two years to sue. If claimants do not file their claims on time, then they can lose their right to sue entirely. This deadline is different if a city entity is involved, however. When a city entity is involved, victims must file a government claim, which is subject to only a six-month deadline.
For more information about the total length of time that you have to file your claim, contact the experts here at our law firm today. Our pedestrian accident lawyers are ready to provide you with all the information that you need to file your claim on time and fight for your rights.Contact the Downtown L.A. Law Group Today
Here at our law firm, our team is more than ready to provide you with the guidance that you need to file your pedestrian accident claim and fight for your rights. Remember, you could still have the right to file a pedestrian accident claim even if you were jaywalking at the time of the incident. If you have any questions about whether the Freedom to Walk Act affects you, contact the experts here at the Downtown L.A. Law Group today. Our lawyers have decades of experience handling all sorts of injury claims, including pedestrian accident claims. Our team is ready to go above it all to fight for your rights and help you recover the settlement that you are owed.
We offer free legal services, which include both free consultations and free second opinions. During these free legal services, our pedestrian accident lawyers will be available to answer all your questions and address all your concerns, ensuring that you have access to all the information that you need to either begin or continue your claim. To benefit from these free legal services, contact us today.
We offer a Zero-Fee guarantee, meaning that our clients will never be required to pay any upfront legal fees for any of our legal services. In addition, we work on a strict contingency structure, so our clients will never be required to pay anything until after winning their claims.
If you are ready to speak with our pedestrian accident lawsuit lawyers, contact us today.
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