Pedestrian accident injuries can have lasting consequences. If you’ve been hit by a negligent driver, a Los Angeles personal injury lawyer can help you pursue damages.
After a serious pedestrian accident, the last thing you want to think about is dealing with insurance companies or a lawsuit. You should be free to focus on regaining your health.
Since 2016, Omega Law Group Accident & Injury Attorneys have recovered millions for clients like you. If you’ve been injured in a pedestrian accident, a Los Angeles pedestrian accident lawyer from our team can help you pursue the maximum compensation.
How Can a Pedestrian Accident Lawyer Help Me?
If you’ve been hurt in an accident that wasn’t your fault, a pedestrian accident lawyer can provide invaluable support by:
- Investigating your case: A lawyer can gather evidence such as traffic camera footage, eyewitness statements, and police reports to build a strong claim.
- Negotiating with insurance companies: A lawyer can ensure you are not shortchanged by insurers looking to minimize payouts.
- Providing legal guidance: A lawyer can answer your questions, explain your legal options, and keep you informed throughout the claims process.
- Representing you in court: If a settlement cannot be reached, your lawyer will advocate for you in court.
Above all, a pedestrian accident lawyer in Los Angeles can enable you to focus on your recovery while a professional pursues justice.
How Much Do Accident Attorneys Charge in California?
Most California pedestrian accident lawyers, including those at Omega Law Group, work on a contingency fee basis. This means your lawyer only gets paid if they successfully recover compensation for you.
Your fee will be a predetermined percentage of your final settlement or award. You can discuss this percentage during your consultation with your attorney.
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What Types of Damages Can a Pedestrian Accident Victim Recover?
Pedestrian accident victims may be entitled to recover many types of damages, including:
- Medical expenses: Damages can be awarded for all kinds of medical bills, including those for emergency medical care, hospital stays, surgeries, physical therapy, and prescription medications.
- Lost income: Compensation can be awarded for wages lost due to missed work and diminished earning capacity.
- Property damage: You can be reimbursed for personal items damaged in the accident, such as clothing or electronic devices.
- Pain and suffering: You can be compensated for physical pain and emotional distress caused by the accident.
- Loss of consortium: Damages can be awarded for the impact of the injuries on your relationships with a spouse or family members.
- Rehabilitation costs: You can be compensated for ongoing therapy or specialized treatments that aid recovery.
- Transportation costs: Damages can be awarded for costs associated with traveling to medical appointments or therapy sessions.
- Home modifications: You can be reimbursed for changes made to your living space to accommodate disabilities caused by the accident.
A pedestrian accident attorney in Los Angeles can calculate your damages and pursue fair compensation on your behalf.
Can You Get Punitive Damages for a Pedestrian Accident?
Yes, the court may award punitive damages to punish the party responsible for your injuries. However, this form of compensation is not often awarded.
A pedestrian accident attorney in Los Angeles can review your situation and determine if you qualify for punitive damages.
What Is the Average Payout for a Pedestrian Hit by a Car in California?
Payouts for a pedestrian accident can vary widely. Some victims receive tens of thousands of dollars, while others receive a million or more. The value of your settlement will depend on factors like the severity of your injuries, your medical expenses, and the insurance policy’s limits.
A pedestrian accident attorney can evaluate your case and provide an estimate.
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How Long Does It Take to Settle a Pedestrian Accident?
Since every case is unique, there is no standard for the duration of pedestrian accident cases. Some cases are resolved within a few months, while others take a year or longer to conclude.
The duration of your case will depend on:
- The complexity of the case: Simple cases may settle within months, while more complex ones can take longer.
- Negotiations with insurance companies: Lengthy back-and-forth discussions can extend the process.
- Court proceedings: If the case goes to trial, it could take significantly longer to resolve.
An experienced personal injury lawyer can assess your case and explain how long it may take to conclude.
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What Is the Statute of Limitations for Filing a Pedestrian Accident Claim in California?
In California, the statute of limitations for pedestrian accident claims is two years from the date of the accident. If you don’t file a claim within this time frame, you could lose your ability to seek compensation.
A personal injury attorney can make sure you file your pedestrian accident lawsuit on time.
Dealing With Insurance Companies After a Pedestrian Accident
Auto insurance companies often prioritize their bottom line, which means they may attempt to deny or undervalue your claim. A pedestrian accident lawyer can:
- Communicate with insurance adjusters on your behalf
- Counter lowball settlement offers
- Protect you from tactics designed to shift blame or minimize payouts
A skilled attorney can ensure that your rights are protected throughout the claims process.
Who Can Be at Fault for a Pedestrian Accident?
When it comes to pedestrian accidents, fault can lie with:
- Drivers: Common causes of pedestrian accidents include speeding, distracted driving, and failing to yield.
- Pedestrians: Pedestrians can be at fault in cases of jaywalking or crossing against a signal.
- Third parties: Other parties, such as employers of negligent drivers, municipalities responsible for unsafe road conditions, or vehicle manufacturers, can be liable for the accident.
A pedestrian accident lawyer can gather evidence to determine who was at fault for the accident that caused your injuries.
What Happens if a Pedestrian Causes an Accident?
If a pedestrian’s actions lead to an accident, they may be held liable for damages. However, under California’s comparative negligence rule, they may still be able to recover some damages if another party shares the fault.
How Is Liability Determined in a Pedestrian Accident?
In pedestrian accident cases, liability is determined via accident scene analysis, witness statements, expert testimony, and reports of traffic law violations.
A pedestrian accident lawyer can work diligently to prove the at-fault party’s liability and strengthen your case.
What Is Comparative Negligence in California?
California follows a pure comparative negligence rule, meaning that a victim’s compensation can be reduced by their percentage of fault.
For instance, if you are found 20% at fault for an accident, and your total damages amount to $100,000, your compensation would be reduced by 20%, leaving you with $80,000.
Understanding California’s Pedestrian Laws
California has specific laws designed to protect pedestrians and promote safe interactions with vehicles. These laws help reduce accidents and establish clear rules for both drivers and pedestrians.
Right of Way Rules
Under California’s right of way laws:
- Drivers must yield to pedestrians in marked and unmarked crosswalks.
- Drivers must stop when pedestrians are crossing at intersections, even if there are no traffic signals.
- Pedestrians must not suddenly leave a curb, putting themselves in the path of a vehicle that cannot stop in time.
Jaywalking Laws
In 2023, the state of California decriminalized jaywalking with the Freedom to Walk Act. However, pedestrians are still encouraged to use crosswalks when possible.
Even when jaywalking occurs, drivers are not absolved of their duty to exercise reasonable care to avoid collisions.
Common Causes of Pedestrian Accidents
Some of the most common causes of pedestrian accidents include:
- Distracted driving: Drivers using cell phones or other devices can easily miss pedestrians.
- Speeding: Higher speeds reduce drivers’ reaction times and increase the likelihood of severe pedestrian injuries.
- Drunk driving: Alcohol and drugs impair drivers’ judgment and reaction times, leading to dangerous situations for pedestrians.
- Poor visibility: Weather conditions, nighttime driving, or poorly lit areas make it harder for drivers to see pedestrians.
- Failing to yield at crosswalks: Aggressive drivers who ignore traffic signals or pedestrian right-of-way rules can cause accidents.
- Unsafe road conditions: Potholes, lack of crosswalks, or inadequate signage can contribute to accidents.
If you’ve been injured in one of these scenarios, a pedestrian accident lawyer can help you pursue financial compensation.
Common Pedestrian Accident Injuries
Some of the most common injuries a pedestrian collision can cause include:
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Broken bones
- Internal organ damage
- Lacerations and abrasions
- Psychological trauma
Pedestrian collision injuries can have long-lasting physical, emotional, and financial consequences. A skilled pedestrian accident attorney can pursue a fair settlement.
Can a Pedestrian Accident Lawyer Help With a Fatal Collision?
Yes, in the wake of a fatal accident, a lawyer can assist surviving family members with a wrongful death claim. Specifically, they can seek compensation for:
- Funeral and burial expenses
- Loss of financial support
- Emotional distress
A compassionate attorney can provide support and guidance throughout this difficult process.
What to Do After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, take these steps to protect your rights and begin building a strong case:
- Report the accident: Notify law enforcement and ensure an accident report is filed. This document will serve as crucial evidence for your claim.
- Document the scene: Take photos or videos of the accident scene, including your injuries, vehicle damage, skid marks, traffic signals, and road conditions.
- Exchange information: Obtain the names, phone numbers, addresses, and insurance details of the driver and any witnesses. Witness testimonies can be vital in establishing fault.
- Seek medical attention: Even if injuries seem minor, consult a medical professional to rule out internal damage or delayed symptoms.
- Avoid discussing fault: Do not admit fault or make speculative statements to the driver, police, or insurance companies.
- Maintain a record of expenses: Document all medical bills, repair costs, and other expenses related to the accident to substantiate your claim.
- Contact a lawyer: Consult an experienced pedestrian accident lawyer immediately to protect your rights and file a personal injury lawsuit.
Why Hire Us After a Pedestrian Accident?
Our firm is committed to providing comprehensive legal support for injured pedestrians. Our attorneys have decades of combined experience and know how to navigate the legal system in California.
We’ve recovered millions in compensation for clients like you. Our experienced attorneys know how to hold the responsible party accountable and pursue damages that cover all of your financial losses.
At Omega Law Group, we treat our clients with respect and maintain open communication throughout the legal process. Schedule a free consultation today to learn more about how we can win your personal injury claim.
Contact a Los Angeles Pedestrian Accident Attorney Today
Pedestrian accidents are a tragic and all-too-common occurrence in Los Angeles. What’s more, they often lead to debilitating injuries.
If you’ve been hurt in a pedestrian accident, you don’t have to fight for your rights alone. A Los Angeles pedestrian accident attorney can guide you through the claims process and fight for the financial compensation you deserve.
Don’t wait to seek legal assistance. Reach out today to schedule a free consultation and take the first step toward justice.
