Pedestrian Accident Attorneys Los Angeles California
- What are Some of the More Common Causes of Automobiles Colliding With Walkers?
- What does CA law say about the right of way for persons traveling by foot within crosswalks or intersections?
- What are the Most Common Personal Injuries Sustained by Pedestrians?
- Why is it Important to Consult Legal Counsel Promptly Following a Pedestrian Mishap?
- How long do I have to File a Pedestrian Accident Claim in California?
- Recent Success Assisting Pedestrian Accident Victims
- Discuss Your Potential Personal Injury Claim for Free and Retain An Attorney With No Cost Up Front
Pedestrian accidents happen much more frequently in large cities such as Los Angeles, San Francisco and San Diego and other cities in California, the population is in the millions of and this bulges with the influx of tourists also each year. Because things are in such close proximity and parking and traffic can be difficult at times, many people choose to walk, skate board, rollerblade, jog, or run. Unfortunately, many more people use cars, trucks or SUVs to get around and when the walkers, joggers, skateboarders or persons on roller blades interact with the motor vehicles, crashes can happen. This could be on a sidewalk, in an intersection, in a crosswalk or on the street. Many times this happens with children around schools or playing in or around neighborhood roads. This happens all over Southern California from urban areas like south and central Los Angeles to beach communities like Santa Monica, Venice or Huntington Beach.
In fact, the statistics according to the Centers for Disease Control are as follows:
- There is a pedestrian accident every 2 hours in the U.S.
- Pedestrians are 1.5 times more likely to be killed in a traffic collision than a driver or passenger of a motor vehicle
- Persons 65 years old or older account for 20 % of all fatal accidents
- For children between the ages of 5 and 15, being struck by a car is the number one cause for a fatal motor vehicle collision
- Alcohol or drug impairment is involved in 48% of all incidents involving an auto v. pedestrian collision resulting in injury or death
Source: Centers for Disease Control and Prevention, Motor Vehicle Safety, Pedestrian Safety (2012)
Drivers end up hitting pedestrians for a number of reasons, which include but is not limited to:
- Talking on Cell Phones
- Running Red Lights
- Running Stop Signs
- Speeding
- Fatigue
- Drunk Driving
- Failure to Come to a Complete Stop When Turning Right on a Red Traffic Signal: California Vehicle Code 21453 mandates that, " If there is no sign prohibiting a turn, the driver must come to a complete stop before turning right on a red light or left from a one-way street onto a one-way street." Often, drivers don't come to a complete stop, however, and often don't look both ways prior to making the right hand turn.
- Vehicles Backing Over People on Foot: This happens on roads, parking lots and many other places. This is especially true for children who might happen to be playing on a sidewalk or in the street in front of a residence or building. This is prohibited by California Vehicle Code 22106.
- Entering a Roadway Without Looking: This can happen when cars attempt to exit commercial building that abut sidewalks or pull out into traffic across a sidewalk. California Vehicle Code 21804 mandates: "The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety."
- Nighttime Pedestrian Mishaps: Visibility can be a major factor in causing auto v. pedestrian collisions. This is especially true in the winter months when daylight is shorter.
In almost all situations, pedestrians have the right-of-way, according to California state law. In fact, California Vehicle Code 21950(a) requires that cars yield to persons walking in designated crosswalks and at unmarked walkways within intersections. Getting hit by a car can result in serious injury such as bone fractures, disability, and disfigurement. Other times, a pedestrian accident can be fatal. If the driver that hit you or your loved one in California was uninsured, you may still be eligible to receive compensation through your own insurance provider.
For frontal collisions, the dynamic is that the lower body is hit around the knees or thighs, knocking the person up onto the hood or sometimes to the ground. Most injuries arising from these vehicle and ground impacts in adults are trauma to the head, legs and pelvis. These can include tibial plateau fractures and torn knee ligaments, as well as traumatic brain injuries.
There are many aspects of presenting an auto accident claim of this type. Determinations must be made as to the identity of drivers, registered owners, business owners with operators who may be in the course and scope of their employment at the time of the incident such as company drivers. Evaluations must be made as to whether there was negligence and on the part of whom. Insurance carriers must be identified and claims presented quickly. All of this requires the skill of an experienced personal injury attorney who is adept at handling petitions for money damages between persons sauntering by foot and motor vehicles. Our Los Angeles accident attorneys have prosecuted hundreds of these claims in the last 25 years throughout California and have a tremendous success rate in obtaining money for the victims of these types of mishaps.
If the at fault person is a private party (e.g. driver of a non-commercial or commercial vehicle), the normal deadline to file a lawsuit in court is two years from the date of the incident. If the party is a government entity, however, (e.g. City or Municipality accused of negligent roadway defect), you would have only six months to file a "Government Tort Claim." These deadlines can vary depending upon a variety of factors. This is yet another reason to seek prompt legal advice following a pedestrian accident in California.
By way of example, we recently assisted an individual that was run over by a vehicle while standing in a parking structure. He was thrown to the ground and sustained major injuries to his knees and shoulder requiring surgery on both. He had a job that required him to stand on his feet and perform manual labor tasks and had been unable to work for months following the incident. He came to us for help. We promptly went to work on the case. We sent an investigator to the scene to photograph and diagram the area and obtained surveillance video of the incident from a nearby business. We obtained funds for him to pay living expenses while he awaited the settlement of his claim. We coordinated closely with the doctors to determine both his present medical needs and any future health care expenses he may require as a result of the incident. In the end, we were able to obtain a total of $935,000 in gross proceeds for him and his family. Such prompt and aggressive legal investigation and advocacy can make all the difference in the level of monetary compensation received.
Note: past results are not a prediction, guarantee or warranty of your particular claim. All cases require individual evaluation.
Discuss Your Potential Personal Injury Claim for Free and Retain An Attorney With No Cost Up FrontOver the past 20 plus years, Steven M. Sweat, Personal Injury Lawyers, APC has represented people struck and injured while walking, jogging or running on streets in California. We have also represented the families of such persons who are struck and killed. We do so with compassion, skill and expertise. If you or a loved one have been injured by a motor vehicle while trying to cross the street, in a parking structure or anywhere where pedestrians and cars come in close proximity to each other, call our 24/7 injury helpline at 866-966-5240 for a free consultation with an experienced personal injury lawyer. If we decide to take your case, we will not charge any fees unless and until the legal claims are resolved by way of a settlement or judgment. Don’t go it alone, get professional assistance! We are here to help!
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