Despite being a mainly car based city many areas in Los Angeles are known for their pedestrian foot traffic. Often times pedestrians find themselves in harm’s way when inattentive drivers or motorist fail to adhere to traffic signals. In such cases injured parties are left with long term injuries, medical expenses and in very little recovery. Knowing your rights after a pedestrian accident
is critical, if you have been hurt in a pedestrian accident the following article will outline your various rights and remedies.
Pedestrian Right of Way Laws – Proving Fault
Anytime a pedestrian is involved in an accident with any form of motor vehicle, the pedestrian always losses. Therefore, California laws are skewed to protect the rights of pedestrians. With that said however, proving fault is still a necessary element in pursuing a successful legal claim. Proving fault can be done in many different ways, such as:
Police reports – although police reports cannot be used in court (unless the officer was actually a witness to the accident), the police are usually the first to respond to an accident, and therefor are often times the best source to uncover how the accident happened.
Witnesses – impartial witnesses are perhaps the best way to prove fault in any case. It is important to get witness information – if possible – in order to show an unbiased version of how the accident occured
Accident re-constructionist – sometimes there are no witnesses or police reports in an accident. In these situations, experts can reconstruct the scene of the accident in order to demonstrate the most likely sequence of events.
Evaluating Case Value – Pedestrian Accident Lawsuits
Pedestrian accident cases are evaluated differently than other types of traffic collisions. This is primarily due to the fact that, in general, the severity of the injury is far worse. With that in mind, the value of a pedestrian accident case hinges on several factors. For one, medical reports offer a glimpse into the type of injury suffered, and furthermore may be able to show the amount of suffering that will occur in the future
Loss of income is also used in evaluating case value. The more income and time you have lost from the accident, the more you would be entitled to in court. A supplement to loss of income would also be future loss of income, or loss of earning potential.
Pain and suffering is another element of your claim. There is no exact mathematical equation used to identify this. Usually it will be based on what you had to endure as a result of the accident and how the accident has changed your life.
Although other factors can be considered in a pedestrian accident claim, these damages cover the majority of damages in most cases.
Un-insured or Underinsured Motorists and Pedestrian Accident Compensation
In the current economic climate, many drivers choose to carry minimum policies, which require them to carry only a $15,000 policy. In other situations, some drivers are driving against the law and without any insurance at all. In these instances, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage could be your only recourse. UM and UIM coverage is intended to pay for claims where the at fault party either does not have enough insurance or not insurance at all.
The Ultimate Guide to Pedestrian Accident
– Pedestrian Accident AttorneyCity Liability for Injuries:
– Sidewalk Injury Lawyers
– Crosswalks Pedestrian Accident
– Driveway Pedestrian Accidents
– Pedestrian Right of Way Laws
– Pedestrian Accident FAQ
– Accident Facts & Statistics
– Statute of Limitations for Pedestrian Accident Lawsuits
– Pedestrian Accident Laws
– What do to after a Pedestrian Accident
– Skateboarding Accident Attorney
Sometimes the city or a public entity is responsible for a pedestrian accident. This issue will arise when the municipality fails to install illuminated cross walks, safety signals or other safety measures. In order to hold the city liable you will need to evaluate past statistics. If it can be demonstrated that the city had knowledge of the potentially dangerous elements of that intersection, then liability can be placed on them.
You should note however that a claim against a government entity is different. Public claims must be filed within six months of the date of the accident. The six month time frame is essential, and is often overlooked. If you do not file your bodily injury claim within that time period, you can lose your right to pursue a claim for damages. If you have been the victim of a pedestrian accident know your rights. Speak with an attorney if needed and work on your treatment plan to heal from your injuries.