Pedestrian accident injuries and deaths are all too common in California, which has led the nation in pedestrian fatalities in recent years.
If you’ve suffered injuries in a pedestrian accident, or if a loved one has been killed or rendered incapacitated after being struck by a vehicle, you may be able to file a claim with the help of a Los Angeles pedestrian injury attorney. An experienced injury lawyer can assist in building your claim.
Pedestrians often have the right-of-way, so in many cases, fault lies with the driver who hit you. Pedestrian accidents often occur because the driver was speeding, ran a red light, failed to yield when you were in a crosswalk, drove while intoxicated, or was simply inattentive and didn’t see you in time to stop.
Some accidents are even more complicated and involve multiple vehicles and/or pedestrians. For example, another driver may have pulled out in front of the driver who hit you, causing her to suddenly swerve into you. In other cases, you may share some of the blame. If you crossed the street without being attentive, or outside of a crosswalk, you may be partially responsible for the accident. In that case, you may still be able to recover damages, but they may be reduced for your contributory negligence.
Most legal claims for pedestrian accident injuries start with the driver’s auto insurance company. The insurer may dispute the claim, however. Even if the company will pay, the policy’s limits may not be enough to cover your damages, or the insurance company may not offer you enough money to fully compensate you for your losses. If that’s the case, you may want to pursue legal action in court against the driver with the help of a pedestrian accident attorney in Los Angeles.
A Los Angeles pedestrian accident attorney can help represent you in dealings with the driver’s insurance company and working towards negotiating a settlement on your behalf. Alternatively, if a lawsuit is your best option, an attorney can represent you in court. Either way, he will need your assistance in gathering evidence to prove your case. Some examples of helpful evidence in a pedestrian accident case include:
- The police report;
- Statements from witnesses;
- Statements from the driver who hit you;
- Your statement;
- Physical evidence from the scene;
- Pictures of the accident scene;
- Testimony from expert witnesses.
Your attorney will also help you prove the damages you’ve suffered as a result of the accident and calculate a monetary value to compensate you for your losses. These damages may include:
- Medical expenses;
- Lost wages, including loss of future earnings;
- Pain and suffering;
- Loss of enjoyment of life.
Further, if your loved one was killed in a pedestrian accident, you may be able to file a wrongful death claim and recover damages for their medical bills, pain and suffering, loss of financial support (especially for minor children), and loss of companionship.
Getting Experienced Legal Help
Contact a Los Angeles pedestrian accident attorney for a free consultation. We’ll advise you on your best course of action and can represent you if you decide to pursue legal action.