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I’m Hit By a Car While Legally Crossing The Road. Will I Get Compensation For a Pedestrian Accident?

Pedestrian accidents generally lead to serious injuries or even a victim’s death. People walking or crossing the streets don’t wear any safety gear, making them vulnerable to upcoming and rushing traffic. If you’re lawfully crossing the street and were hit by a vehicle, you have the right to file a claim depending on the circumstances. Contact a skilled pedestrian accident lawyer in Los Angeles now.

pedestrian accident lawyer in Los Angeles

California Pedestrian Laws

All motorists and pedestrians need to follow California pedestrian laws when in the state. According to California Vehicle Code Section 21950, pedestrians don’t instinctively uphold the right-of-way when crossing the street. 

Drivers should understand and obey pedestrian laws, keep a proper lookout or watch the road and yield the right-of-way when necessary. Likewise, pedestrians must do the same thing to minimize the risk of accident occurrences.

  • Motorists should slow down, stop, and yield to crossing pedestrians 
  • Pedestrians can’t just step into the pedestrian lane and walk when there’s an oncoming vehicle
  • Pedestrians can stop in the middle causing traffic delay
  • Pedestrians also need to obey traffic control signals 
  • Pedestrians can’t legally cross the road or “jaywalk” at a place situated between two marked intersections 

Achieving the right-of-way doesn’t mean relieving drivers or pedestrians from exercising their due care for other people’s safety. Road users must be sensible enough to effectuate caution and carefulness to prevent such accidents. 

Liability in Pedestrian Accidents

In terms of personal injury, liability pertains to legal and financial accountability for a victim’s damages. Designating liability in a pedestrian accident case in California needs evaluating who or what caused the crash. Based on a particular circumstance, the responsible party can be the:

Driver

The driver can crash into a pedestrian for several reasons, such as distracted driving, texting, DUI, or speeding. The driver’s insurance company will pay for the damages. 

City or Government

Sometimes the city itself is to blame because of faulty traffic signals, sidewalks, defective crosswalks or sidewalks. The government is liable if it knew of the defect but didn’t fix it before the accident happened.

Company

If the company’s on-duty driver hits a pedestrian, the company is the liable party. Employers are generally accountable for their employees’ mistakes.

Driver error is the leading cause of road accidents in California. Finding and identifying the liable party takes a thorough investigation from the best pedestrian accident lawyer in Los Angeles. 

Most Common Causes of a Pedestrian Accident

A majority of pedestrian accident occurs because of negligence. A negligent driver behind the wheel can cause a road collision with other vehicles and people crossing the street. Sometimes, it’s the pedestrian’s fault that causes accidents. Identifying the cause of the accident is one of the requirements when filing a claim. Here are some of the most common  causes of pedestrian accidents include:

  • Distracted driver
  • Unsafe passing at a crosswalk
  • Walking while intoxicated
  • Speeding in a school zone
  • Reckless or drunk driving
  • Failing to yield the right-of-way at an intersection
  • Jaywalking
  • Reversing without looking

Proving Negligence in a Pedestrian Accident

The main reason why most accidents happen is because of negligence. In a pedestrian accident, the responsible party must pay the victim who suffers injuries, losses, and damages. However, the plaintiff (victim) must prove the defendant’s negligence. He needs to prove the following when filing a claim:

Owed Duty of Care 

The liable party (defendant) owed the injured victim a duty of care. The defendant has a lawful responsibility to reasonably and prudently act.  

Breached Duty of Care

The defendant neglected to fulfill his duty of care because of reckless action or non-fulfillment.

Reason for the Accident

Because the defendant breached his duty of care, serious injuries from a pedestrian accident were serious injuries.

Sustained Damages

The plaintiff suffered compensable damages and losses due to the accident. These damages include lost salaries or physical injuries. 

What Damages Can a Victim Recover?

Damages are the losses sustained by the victim and the amount of financial compensation he could recover with a claim. The damages available will depend on the severity of the injuries and the kinds of losses, including:

  • Hospital bills
  • Physical therapy
  • Ongoing medical treatments
  • Disability costs
  • Out-of-pocket expenses
  • Lost earning capacity
  • Scarring or disfigurement
  • Wrongful death damage
  • Loss of consortium
  • Punitive damages

As a victim, you have the privilege to seek financial compensation. However, before accepting any settlement from an insurance company, talk to a skilled pedestrian accident attorney in Los Angeles. He knows how much you should get and what insurance companies usually offer are too low.

Schedule a Free Case Evaluation with Big Ben Lawyers

Don’t wait too long to speak with one of Big Ben Lawyers’ best trial pedestrian accident lawyers. The earlier you file a claim, the better. Our lawyers have a background and interest in Medicine, enabling us to establish a strong and successful case.

We work on a contingency fee basis and fight for our clients until they get justice and the compensation they deserve. Schedule a free evaluation of your case and contact Big Ben Lawyers. Call us today at 818-423-4878 and lets us discuss your case at no cost.

Big Ben Lawyers
114 N. Central Ave. #250
Glendale CA 91206

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