Each year, there are nearly 6,000 estimated pedestrian deaths
on the roadways in California. Many of these deaths are preventable if drivers pay more attention to the road and if pedestrians take every precaution
necessary while walking. Pedestrians have a right to be safe and drivers should do all they can to not harm others. If you were walking and you were struck by a vehicle, you may be able to receive the maximum compensation
available under the law for your damages. Our Torrance pedestrian accident lawyers
can ensure that you are wholly covered by the insurance agency. At the Downtown LA Law Group
, we dedicate ourselves to our clients. We know how difficult it is to be involved in a pedestrian accident
, and we encourage you to contact our firm for help with your lawsuit.
Who Would Be Considered A Pedestrian?
A pedestrian under California law is defined as anyone who is on foot or on transportation that isn’t a bicycle, such as roller skates or a skateboard. Additionally, disabled individuals in wheelchairs can be listed as pedestrians as well.
What Are Some Of The Causes Of Pedestrian Accidents?
Pedestrians can be in danger no matter where they are in the streets, whether on sidewalks
or in the middle of crosswalks
. The accidents can occur if the pedestrians are not careful or if the drivers are negligent.
The majority of pedestrian accidents
can be attributed to two things. The first is the time of day at which the accident occurs
. Most pedestrian accidents happen at night time when there are fewer cars on the road and visibility is at its lowest point. Pedestrians may think that they are safe, but in reality, they are much more difficult to be spotted and could escape a driver’s field of vision. This is especially true if the pedestrian is wearing dark clothing or in a section of the street that is particularly dangerous. Drivers have been known to proceed as usual down streets only to suddenly see a pedestrian in front o them – and by that time, there is almost no way to stop the car.
The second factor is alcohol
. Alcohol was found to be a contributing factor
in nearly half of pedestrian accidents, whether in the system of the victim or the driver of the car. The drivers have a higher risk operating a vehicle while under the influence, but the pedestrians have lowered reflexes, no inhibition, and poor decision making as well. Some pedestrians are erratic when drunk and cannot walk straight; they stumble and fall, and at times, fall right into oncoming traffic. Others have simply fallen asleep or unconscious in the middle of the street and been run over.
Additional causes of pedestrian accidents include:
- Drivers texting while on the road
- Speeding through stop signs and red lights
- Ignoring right of way laws at crosswalks
- Not looking when pulling out of parking lots and structures
- Pedestrian wearing dark or non-reflective clothing at night
- Inclement weather causing visibility issues or difficulty handling the vehicle
- Children running into the street
If you were hurt in a pedestrian accident
, you may be able to sue the responsible driver for your worthwhile damages. Although pedestrians generally see cars before they get hit, they may still be caught off guard. They could be going through a crosswalk
that tells them to proceed or at a walkway in the middle of the road with most traffic stopping for the individual. All it takes is one negligent driver to cause an accident and inflict serious injuries.
What Are Some Pedestrian Injuries?
Because of how much more vulnerable pedestrians are than passengers in vehicles, their injuries are often much more debilitating. Those in cars have the luxury of seat belts preventing them from being ejected, air bags protecting their upper body from overly jerky movements and trauma, cushion seats and interiors to absorb some of the impact of crashes, and much more. In fact, some cars are even autonomous enough that they can avoid impact better than most humans can while controlling them.
Pedestrians have none of these protections. They are merely dressed in their regular clothes; they closest thing they have to cushions might be backpacks or duffel bags, or helmets if they are riding skate boards and such. They will still take the full force of the crash into their bodies.
Injuries in pedestrian accidents can include:
- Neck and spinal cord injuries
- Broken arms and legs
- Knee and hip damage
- Traumatic brain injuries
- Closed head injuries.
- Internal organ damage
- Severed limbs and digits
- Torn muscles
- Nerve damage
You may be involved in a hit and run accident
as well. It is possible and likely that you will suffer worse injuries if the responsible driver rushes off and there is no one around. Many individuals have passed away because there were no other people around who could call an ambulance.
– Torrance Car Accident Lawyers
How Many Pedestrian Deaths Occurred In 2016?
2016 alone feature 5,997 pedestrian deaths
nationwide. Many of these fatalities occurred in California, the most populated state with a high number of vehicles. Although walking is not the primary mode of transportation in California, there are still people who walk at various points of the day, whether it is to go the last mile to work or to spend time around town.
Learn more about your legal options: Call (888) 649-7166 to speak with a representative now.
Further, over ten times as many pedestrians are hurt each year in collisions.
Can A Pedestrian Sue If Hit By A Car?
Yes, a pedestrian can sue if hit by a car
. You can file a personal injury lawsuit against the responsible party; the basis of this lawsuit is negligence, which shows that the responsible party was careless or reckless in some way.
If you wish to succeed with your claim, you must be able to prove the four points of negligence: that you were owed a duty of care by the driver, the duty of care was breached, the breach caused an accident, and the accident resulted in physical injuries. All drivers owe people on the road and in the streets a duty of care to not harm them, which can be broken by careless or reckless driving and decision making.
Importantly, you must have been actually harmed if you wish to file a personal injury claim. The presence of injuries will allow you to collect medical compensation and other damages. On the other hand, if you were not physically harmed, you will only be able to collect minor damages for property repair costs and reimbursement of wages at work.
The good side is that you will likely not need a lawyer if you do not suffer any injuries. The insurance agent is more likely to pay out a small settlement
as opposed to a large one that would cover extensive medical treatment.
It is in your best interests to hire an attorney who can prove that the driver was the negligent in the party. It will likely be very difficult to prove if you do not have years of legal experience.
Can A Pedestrian Be At Fault?
A pedestrian can be considered at fault if he contributes to an accident in some way. For example, if he threw an object at a car and created the accident, he would likely be found totally at fault. On the other hand, if he simply jaywalked
(crossed at a non-specified section of the road without a crosswalk or signal), he may only be considered partially at fault, especially if he had diligently examined the road and the driver were speeding or not paying careful attention.
What Steps Should I Take After A Pedestrian Accident?
If you have been involved in a pedestrian accident, it is important that you follow this procedure. It will help you stay safe and gather sufficient evidence for your lawsuit.
Call (888) 649-7166 or complete a Free Case Evaluation form today.
Your health is the most important thing, so you should contact paramedics
or go to the hospital as quickly as possible after an accident. You will be treated for your injuries or have future procedures scheduled. If you wait too long, the insurance company can claim that you were not as hurt as you stated; a gap in between the accident and a doctor’s visit may look suspicious. It is beneficial to your health and your lawsuit if you go to the doctor quickly, even if you feel you were not badly hurt.
Evidence for your injuries can be collected in the form of photographs and videos
. You would also find it prudent to take pictures of the scene of the accident.
If any witnesses or bystanders saw the accident take place
, you can ask them for their statements.
You should contact the police
so they can conduct their own investigation and so you can acquire a copy of the police report.
Lastly, it is in your best interests to hire an expert pedestrian accident lawyer in Torrance
who can handle your case for you. You may be severely injured after the crash and not have the ability to negotiate, or you may simply not have the skills and experience. Our attorneys will work to bring you a secure settlement, and you will not have to worry about delaying your recovery due to stress and other factors.
What Can I Earn In A Pedestrian Accident Lawsuit?
Victims of accidents are entitled to numerous types of compensation. We will fight to have everything covered and ensure that you won’t have any expenses. The accident was not your fault, and you should not be expected to cover the damages. Some of the compensation you can receive includes:
- Coverage of medical bills from the past and future
- Reimbursement of lost wages from missed days of work from the past and future
- Property damage
- Pain and suffering damages
- Wrongful death expenses if a family member or loved one were killed in the accident
- Punitive damages if the responsible driver were grossly negligent or intentionally tried to harm you
You may not be able to get through to the insurance agent if you file a claim. It is very likely that the agent will deny your claim and not try to negotiate a better deal. For this reason, it is recommended that you hire a qualified pedestrian accident lawyer in Torrance who can sue for your rightful damages.
Complete a Free Case Evaluation form or call (888) 649-7166 today.
The Ultimate Guide to Pedestrian Accident
– Pedestrian Accident Attorney
– 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
The Top Firm In Los Angeles
The Downtown LA Law Group has a team of lawyers with decades of experience handling pedestrian accidents
. We can help victims of Torrance accidents and will do all we can to provide you with the restitution you deserve. We will aggressively fight for your rights and won’t stop until we are satisfied with the offer we are given.
Reach out to our firm today for a free legal consultation with an experienced attorney. We will tell you how much we think your case is worth and you can ask us any questions you wish. We’ll also give you our zero fee guarantee if you hire us, which ensures that you won’t touch your personal savings for our expenses. We’ll only get paid if we win, and the insurance company will cover the legal fees. If we lose, you won’t pay us anything at all.
Contact the Downtown LA Law Group in Los Angeles at (888) 649-7166
if you require a Torrance pedestrian accident lawyer