Los Angeles Pedestrian Accident Attorney

What to Do After a Pedestrian Accident

If you've been involved in a pedestrian accident, it’s important to take immediate steps to protect your health and your legal rights. Here’s what to do right after the accident:

• Seek Medical Attention: Even if you feel okay, always get checked by a medical professional. Injuries like concussions or internal bleeding may not be immediately apparent.
• Call the Authorities: Dial 911 to report the accident. The police will document the incident and create an official report, which will be important for your case.
• Gather Evidence:
  • Take photos of the scene, including the location of the accident, any vehicle damage, and your injuries.
  • Collect contact information from the driver, any witnesses, and anyone else involved.
• Get Medical Records: Keep a record of all medical treatments, doctor visits, and prescriptions.
• Avoid Admitting Fault: Don’t admit fault or discuss details about the accident with anyone except the police. Stick to the facts when speaking to others.
• Contact an Attorney: It’s crucial to have an experienced pedestrian accident lawyer who can help you navigate the legal process and protect your rights.

Causes of Pedestrian Accidents in Los Angeles

Pedestrian accidents are unfortunately common in Southern California. Some of the most frequent causes include:

• Distracted Driving: Texting, talking on the phone, or using in-car technology can distract drivers, making them less likely to notice pedestrians in crosswalks.
• Speeding: Speeding increases the severity of accidents and reduces a driver’s ability to react in time to avoid hitting a pedestrian.
• Failure to Yield at Crosswalks: Many drivers fail to stop for pedestrians in marked crosswalks, which is a violation of California traffic laws.
• Poor Road Conditions: Potholes, uneven sidewalks, and inadequate signage can make walking dangerous and contribute to accidents.
• Running Red Lights: Running red lights and failing to stop at stop signs are major causes of pedestrian accidents at intersections.

Pedestrian Accident Liability

Determining who is responsible for a pedestrian accident can be complex. Potential parties that may be held liable include:

• Drivers: If a driver was speeding, distracted, or driving recklessly, they may be liable for the accident.
• Municipalities: If poorly maintained sidewalks or crosswalks contributed to the accident, the local government or municipality could be held liable.
• Property Owners: Property owners may be responsible if inadequate lighting, signage, or other hazards on their property caused or contributed to the accident.

Understanding who is liable will help ensure you get the full compensation you deserve for your injuries.

FAQ – Pedestrian Accident Claims

• How long do I have to file a pedestrian accident claim?
  In California, you typically have two years from the date of the accident to file a personal injury lawsuit. It’s important to act quickly to ensure that evidence is preserved and your case is filed within the statute of limitations.
• Can I claim compensation if I wasn’t in a crosswalk?
  Yes, you can still claim compensation even if you were not in a crosswalk. California law gives pedestrians the right of way in many situations, and drivers have a duty to be vigilant. An experienced attorney can help determine if the driver’s actions contributed to the accident.
• Can I pursue a case if the driver fled the scene?
  Yes, you can pursue a case if the driver left the scene (hit-and-run). If the driver is not identified, you may still be able to recover damages through your own uninsured motorist insurance, if you have it.
• What kind of injuries are typically seen in pedestrian accidents?
  Common injuries from pedestrian accidents include broken bones, head injuries (including concussions and traumatic brain injuries), spinal cord injuries, and internal injuries. Injuries can be severe due to the lack of protection for pedestrians in a collision with a vehicle.
• How do I know if the driver was at fault?
  Fault in a pedestrian accident is typically determined by witness statements, police reports, and available evidence such as traffic camera footage or photographs of the scene. An attorney can help investigate the details and prove liability.
• Can pedestrians be partially at fault for the accident?
  Yes, pedestrians can be partially at fault if they were jaywalking, crossing at an improper time, or not paying attention. However, California follows comparative negligence, meaning you can still recover compensation even if you share some fault for the accident.
• Will I have to go to court for my pedestrian accident claim?
  Most pedestrian accident claims are settled out of court. However, if a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit and taking the case to trial to ensure you receive the compensation you deserve.