Can you imagine walking down the street when a car comes out of nowhere and hits you? It should never happen but we see it every day. Usually, pedestrian accidents victims are children and the elderly. But it can happen to anyone. You’d expect to see pedestrians on city streets and small-town roads. When it’s nice out, people prefer to walk rather than drive. It’s good for your health and it’s kind to the environment. We see a lot of this in tourist towns and vacation areas. Sadly, an afternoon walk can turn into a tragedy in a matter of seconds. Cars are supposed to be careful when they drive, but it’s not always easy to see pedestrians. If you or a loved one have been injured in a pedestrian accident, you need to contact the experienced Los Angeles pedestrian accident lawyers at McDonald Worley. We can do what it takes to get your family justice and the compensation you deserve.
Table of Contents
- 1 Our Los Angeles Pedestrian Accident Lawyers Know How These Accidents Happen
- 2 Los Angeles Pedestrian Accident Attorneys Fight the Insurance Company
- 3 Your Los Angeles Pedestrian Accident Lawyer Will Get You Damages
- 4 What if You’re Guilty of Comparative Negligence?
- 5 Los Angeles Pedestrian Accident Lawyers Handle All Types of Injuries
- 6 Contact a Los Angeles Pedestrian Accident Lawyer Today
Our Los Angeles Pedestrian Accident Lawyers Know How These Accidents Happen
Most pedestrian accidents are caused by negligence. Someone on the road isn’t doing what they’re supposed to do and the pedestrian suffers. Some of the common causes of pedestrian accidents include:
- A pedestrian darts out into the road
- Someone fails to walk in the crosswalk
- A driver ignores the crosswalk and slams into a pedestrian.
- People ignore the walk and don’t walk signs
- A car is driving erratically and doesn’t notice the pedestrian walking
In any of these cases, the driver didn’t exercise his duty of care. In a negligence case, your Los Angeles personal injury lawyer has to prove the following:
- The defendant had a duty of care toward the plaintiff
- He breached this duty of care
- The plaintiff was injured
- His injuries were caused by the defendant’s actions
If you can’t prove all four (4) elements, you won’t succeed in your case. It’s a given that all drivers have a duty of care toward pedestrians. Drivers need to pay attention to the road and look out for other cars and people on foot.
Proving that the defendant breached his duty of care is a bit harder. It’s not enough that an accident took place. You have to be able to show that the driver wasn’t careful enough. And you need to show that this is why the accident happened.
Some pedestrian accidents cases involve the following:
- Texting and driving
- Drunk driving
- Sleeping at the wheel
- Distracted driving
If your personal injury lawyer in Los Angeles CA can show that the defendant was guilty of any of these, he’ll be able to establish negligence.
Los Angeles Pedestrian Accident Attorneys Fight the Insurance Company
If your pedestrian accident involves a car or truck, you can file an insurance claim to cover your injuries. Usually, your claim will be paid within a week or two. However, insurance companies deny claims from time to time. Some of the reasons your claim may be denied are:
- The insurance policy wasn’t valid at the time of the accident
- The defendant let his policy lapse for non-payment
- The insurance company believes you were at fault
- They don’t believe your injuries are as bad as you claim
- You have a history of filing fraudulent insurance claims
For any of the reasons except an invalid policy, your Los Angeles pedestrian accident lawyer can file an appeal. He’ll fight with the insurance adjuster to get your claim paid. If he’s unable to do so, he’ll have no choice but to file a lawsuit on your behalf.
Your Los Angeles Pedestrian Accident Lawyer Will Get You Damages
IF your Los Angeles pedestrian accident lawyer has to file a lawsuit, he’ll demand certain damages. Damages are the losses you’ve suffered as a result of your injuries. Most pedestrian accident victims suffer pretty serious injuries.
It’s important that you seek medical treatment immediately after your accident. You want to make sure you’re okay. You could’ve suffered internal injuries. You can’t see these. If left untreated, they can cause death.
The other reason you want to go to the hospital is to get proof of your injuries. Your car accident lawyer is going to need to submit evidence that you were hurt. The best way to do this is to submit medical records. If you don’t go to the hospital, your lawyer won’t have this information.
Your lawyer will demand the following things in your lawsuit:
You’re entitled to compensation for current and future medical bills. If you’re going to need future medical care, it should be covered in your accident claim. Your doctor can testify as to the care you’ll need going forward.
Chances are, if you’re hit by a car, you’ll suffer some serious injuries. You’ll likely miss some time from work. You’re entitled to be reimbursed for any wages you lose. This includes future income if you end up permanently disabled.
Pain and Suffering
California does let you collect pain and suffering in a personal injury case. Pain and suffering are meant to compensate you for both physical pain and mental anguish. Your pedestrian accident attorney in Los Angeles will submit evidence of your pain and suffering.
In most cases, your lawyer will settle your claim. This will either happen before your suit is filed or at some point before trial. Nobody wants to go to trial. It’s expensive and time-consuming, Your lawyer knows this. So does the insurance company. This is why most cases settle long before trial.
What if You’re Guilty of Comparative Negligence?
If you’re partly at fault for your accident, you’ll still be able to file your claim. However, in California, your settlement or jury award will be reduced by your amount of fault. This is due to something called comparative negligence. For example, if you are 20% at fault, your settlement will be reduced by 20%. A $100,000 jury award will be reduced to $80,000.
If you were partly at fault, you need to let your attorney know. Be completely upfront and honest with him. He’s going to find out eventually. The defendant’s lawyer will raise this defense at some point. Rather than have your lawyer be blindsided, tell him exactly what happened.
You may wonder how a pedestrian could be at fault for his accident. There are lots of situations where this could be the case, including:
- You were intoxicated at the time of the accident
- You were darting in and out of traffic
- You paid no attention to the flow of traffic
- You didn’t walk in the crosswalk
Any of these things can be considered comparative negligence. Your lawyer will negotiate with the defendant’s attorney to settle your case. If you were partly at fault, you may receive a little less than you think.
Los Angeles Pedestrian Accident Lawyers Handle All Types of Injuries
The injuries sustained in a pedestrian accident can be very serious. This is to be expected when a two-ton vehicle hits a human body. Some of the injuries commonly seen in pedestrian accidents are:
- Broken bones
- Back injuries
- Internal injuries
- Facial disfigurement
- Head injuries
- Traumatic brain injury
All of these injuries could require surgery and physical therapy. You may even end up needing long-term care for some of these. A lot of pedestrians hit by a car could end up permanently disabled. If this is the case, your Los Angeles accident attorney will demand that you be compensated.
Compensation in disability cases includes the difference between what you’ll receive on disability and what you would’ve earned had the accident never happened. Here’s an example”
- You earn $50,000 per year. You’re only 35 years old. You expected to work another 30 years. That means you would’ve earned about $1.5 million before you retire.
- On disability, you’ll earn about $25,000 per year. This is only half of what you would’ve earned had you not been hit by the defendant.
- Your attorney will demand that you receive $750,000 in lost wages.
This number is just an example. Your attorney will use this figure in his settlement negotiations.
Contact a Los Angeles Pedestrian Accident Lawyer Today
If you’ve been hurt in a pedestrian accident, you need to contact a Los Angeles pedestrian accident lawyer today. You can schedule your free initial consultation. This gives you a chance to ask an experienced injury lawyer any questions you may have. He can also review your case and let you know what it may be worth.
The defendant will have attorneys working for him. So will the insurance company. You don’t want to go into this alone. You deserve the expertise and peace of mind an attorney can provide.
The consultation is free and you pay nothing unless you settle your case. You need to focus on getting well. Let our Los Angeles personal injury firm handle the legal side of things.