Nearly three-fourths of all pedestrian accidents happen in urban areas. This is not a surprise, given that the majority of the population is located in major cities and metropolitan areas where there are hundreds of thousands of individuals, and therefore, hundreds of thousands of vehicles.
In nearly 70% of pedestrian accidents, pedestrian accidents happen away from intersections and crosswalks. Pedestrians may cross in the middle of the road or come out behind parked cars, or they may not look where they are going when cars are exiting lots. This means that drivers are more often than not unaware of where a pedestrian will be or show up from. To make matters worse, 72% of the accidents happen in the dark. This can range from 4 p.m. in areas that practice Daylight Savings Time to 6 a.m. Pedestrians do not have lights like cars do and will likely see the vehicle before the drivers see them. It is also harder to make out pedestrians if they are wearing dark clothing or if they are trying to cross in an area that has no street lights. Individuals who died in pedestrian accidents were 46 years old on average, while those who were merely injured were 10 years younger on average. In all pedestrian accidents, alcohol was reported as being used by both the drivers and the pedestrians. Nearly 50% of alcohol was imbibed by a driver.
Complete a Free Case Evaluation form or call (855) 339-8879.If you wish to avoid becoming another statistic, you should always proceed with caution at crosswalks or when you’re on foot. Take note that cars have a harder time escaping from potentially dangerous situations, and that pedestrians are at great risk when walking in heavily populated areas that do not have many marked crosswalks.
Complete a Free Case Evaluation form or call (855) 339-8879 today.It can be difficult to ascertain who was negligent in an accident or what can be done to prevent future accidents from occurring. There are many courses of action, all of which are likely true to some degree. Pedestrians should be more observant of basic laws and crossing procedures, while drivers should be more careful and be on the lookout for pedestrians more often. Cities should ensure that there are enough safety features for pedestrians as well, such as adequate lighting and competent signals and traffic lights. A few ways that pedestrians can be better protected and for accident rates to decrease can include:
– Redondo Beach pedestrian accident attorney – Torrance pedestrian accident lawyer – Glendale pedestrian accident lawyer – Lancaster pedestrian accident lawyerThe presence of injuries in a pedestrian accident opens up many legal doors for you. They will become the most important part of your case.
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Learn more about your options for compensation by calling (855) 339-8879.You should then make sure to take as many pictures as you can of the injuries you received. You can also keep a copy of the medical notes and hospital bills to show that you received a certain treatment for the damages and that you were present at the hospital. It will also come in handy to have pictures of the scene of the accident, especially if there were environmental factors at play. Pictures of the vehicle can also be used to give further proof. If there were eyewitnesses or bystanders who saw the incident occur, they can provide you with their testimony as to what happened. Their statements can be added to your evidence package to support you, as they may offer testimony that is different from the defense. There may be surveillance footage or security videos available from a nearby business or company if the crash happened on or near private property. You can add these videos to your evidence package. You should also take pictures of the responsible driver and get his contact information and insurance details. This will allow you to file a claim against the correct entity. In some situations, though, you may be struck by a car and the driver may flee the scene. You will then have to go through your own insurance company to possibly pursue damages, which can be very difficult. Lastly, it may be in your best interest to seek out an attorney. You may not have any legal experience, which can work against you in a lawsuit. You should not try to handle your insurance claim by yourself if you have never filed a claim or if you intend to pursue additional damages; the agent can quickly throw your claim away and not give you any opportunity to plead your case. A lawyer can handle all the legal legwork for you while you focus on recovering.
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In Mi Sun Kim v. James Patrick Gray, Los Angeles County Department of Public Works and County of Los Angeles, Kim was hit by a pickup truck that was operated by a driver working for the County of Los Angeles.
Kim was crossing a road that had eight lanes – three in each direction and two turning lanes. She proceeded through most of the road but was hit when she was coming to the final lane. Gray had made a U-turn in one of the left turn lanes and struck her. He claimed that he did not see her as she was walking and only noticed that she was there once he felt the impact on his car.
California law dictates that drivers must yield to pedestrians who lawfully cross the road if the drivers are making left turns or U-turns. It was admitted that Gray was working at the time of the incident.
As a result of the crash, Kim suffered trauma to her body, including a herniated disc, lacerations, edema, amnesia, and more. She could not remember the incident. She also suffered constant pain in her neck and numbness in her extremities. Kim required an epidural injection and her medical professional stated that she would likel need additional injections to counter the pain.
In response, the defense stated that her injuries were present prior to the accident and that they were chronic and degenerative. They also stated that she never notified anyone of the back pain, but an audio transcription proved otherwise.
Eventually, a $325,000 settlement was agreed upon, to be paid out by the Los Angeles Department of Public Works. Kim was covered for her past and future medical bills and her pain and suffering damages.
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In Seo Young Lee v. Song Pok Kwak, Lee was hurt when Kwak turned left and hit him in the crosswalk. Lee, a 90 year old man, was walking within a crosswalk to proceed to the other street when Kwak struck him. Lee was diagnosed with a mild traumatic brain injury after two weeks in two hospitals. He also was hurt with a fractured leg, a torn meniscus, and a disc injury to his back. Lee could not walk after the accident, and he had a pre-existing condition of Alzheimer’s that was purported to have worsened, resulting in the need for assisted living. He was sent to a nursing facility due to the onset of damages. Kwak admitted liability and did not contend the case. The insurance company tendered the policy limit of $250,000 and settled prior to trial.
In Jamie Dizon v. Meirong Deng, a young high school girl was struck by a driver on Halloween. Dizon was walking across the street in the evening while wearing a black costume. She was also under the influence of alcohol at the time of the incident. As she was crossing, she was hit by Deng; she rolled onto the roof and fell to the street. The counsel claimed that Deng was driving too quickly and did not properly watch where she was driving. They also reported that, given it was Halloween, there were numerous kids around tht would warrant Deng paying careful attention. Dizon said that she entered the intersection and had made it to the opposing lane when she was hit.
The defense, however, had its own accident reconstruction witness and an independent witness to provide additional testimony to Deng’s. Deng stated that Dizon ran into the road from the middle of the street and did not proceed across the crosswalk normally. She said that the darkness of the night, the dark clothing, and the intoxication of Dizon all played a factor in the accident. She could not reasonably stop in time.
The independent witness claimed that Deng was traveling well below the speed limit and that there were not hundreds of kids present on the road; rather, there were only a few individuals present. Additionally, someone warned Dizon not to proceed and verbally yelled for her to wait.
The collision left Dizon with various injuries. She suffered a disc injury, a fractured pelvis, and a traumatic brain injury. She claimed that her grades and cognitive abilities were imapcted after the accident. After surgery on her back, she claimed that she would likely need additional treatment and rehabilitation, and that the damages all prevented her from resuming her normal life and activities. The jury decided that Deng’s negligence was not a primary cause of the accident. Dizon’s intoxication, choice of clothing, and overall negligent behavior contributed to the incident more. They denied the requested $70,000 in damages.
Obdulia Morales v. Jefferey William Harris featured a woman who was hit on the street. Both parties disputed the facts of the event.
Morales stated that she was crossing the street and was hit by Harris as he was turning. He did not check to make sure no pedestrians were nearby. As a result of the incident, she suffered a sprained neck and a brain injury. Consequent to the accident, she complained of dizziness, cognitive issues, headaches, and balance problems. She also stated that she requires additional medical treatments and injections to deal with the pain and stiffness in her neck.
Harris, stated that Morales did not cross at the crosswalk at all and had tried to move in front of his vehicle while he was turning right and looking left. The defense argued that her delayed medical treatment indicated that she did not have the injuries to the degree that she claimed, and regardless, basic treatments would have resolved her issues.In the end, the jury sided nearly unanimously with Harris and the defense. Morales’ request of more than $3 million was denied. [ca-sidebar id=”22189″]
The statute of limitations is the amount of time you have to take legal action after an incident or an injury. This time limit is in existence because parties should not be held accountable for damages after an unreasonable amount of time. For example, if the only injuries and damages suffered in a car accident were sprained ankles and wrists and cosmetic damage to the vehicle, it would be unfair to request payment and coverage 20 years after the incident. The damages would likely have healed up and the car may have been traded in or not even be used anymore.
In California, there is a 2-year statute of limitations for personal injury lawsuits. This limit allows the parties to adequately gather evidence and prepare their cases. The plaintiff can ensure that the evidence he collects does not become corrupted or lost over time, for instance. Further, the memories of witnesses will be sharper and less foggy. The further back an accident happened, the more likely it is that key witnesses will forget important details or not be able to perfectly recall what happened.
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If you do not file a lawsuit within this two-year limit, you will be barred from pursuing compensation and will not be able to take legal action. It is important that you pay careful attention to the dates involved with your claim so you do not potentially miss out on your chance at compensation. There are a few scenarios in which the statute f limitations can be extended, however. The most common features underage plaintiffs. Since minors cannot sue, they would need a guardian to take the legal reigns for them. If they do not wish to sue, though, they can wait until they turn 18 years old; the statute of limitations would begin from the day they turn legal age.
In other cases, plaintiffs are left so severely wounded that they are unable to sue. They may have cognitive issues, be left in a coma, or have an anxious or mental breakdown. This can compromise the way they think and live life. Therefore, the statute of limitations would be suspended until life returns to normal or health, whether physical or mental, picks back up.
Further, the defendant must be present in California if you intend to sue him. If he leaves the state to go on vacation or to move elsewhere, the statute of limitations would be suspended until he returns. This could take any number of months, but you would not be disbarred from your rightful pursuit of legal action if you cannot actually sue the responsible party.
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