Pedestrian accidents in California may cause catastrophic injuries or deaths when they occur. Unlike motor vehicle occupants, pedestrians have nothing to protect them from the sheer forces that are released in accidents. When drivers strike pedestrians because of failing to see them crossing a road, the drivers may be liable to pay damages in subsequent personal injury or wrongful death lawsuits. An experienced pedestrian accident lawyer Encino at the Valley Accident Lawyers might help you to recover damages for the losses that you have suffered as a result of your pedestrian accident.
Common injuries in pedestrian accidents
When pedestrians are struck by cars or other motor vehicles, they are likely to suffer severe injuries. Car occupants have many safety features to protect them, including seatbelts, airbags, crash avoidance technology, and the vehicles’ steel cages. By contrast, pedestrians are unprotected from the environment. When pedestrians are involved in accidents with motor vehicles, they can sustain the following severe injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Multiple fractures
- Injuries to the lower extremities
- Severe lacerations
- Road rash
- Head injuries
- Internal injuries
- Death
In many pedestrian accidents, the victims suffer multiple injuries. The severity of the injuries that a pedestrian might suffer will depend on the car’s speed, the area of the body that is struck, the impact angle, the design of the car, and the location where the accident happens.
Liability in pedestrian accidents
Determining liability for pedestrian accidents that involve vehicles is crucial. In many cases, insurance companies will dispute the liability of their insured drivers and will try to place the blame on the pedestrians. California has laws that are meant to protect pedestrians and can help to show that the driver is at fault. Under Cal. Veh. Code § 21950(a), drivers are supposed to yield to pedestrians who are crossing the road within a marked crosswalk. They are also supposed to yield to pedestrians who are crossing the road at an intersection in an unmarked crosswalk.
Pedestrian accident claims fall within the state’s tort law. The injured victims of pedestrian accidents can file personal injury lawsuits against the at-fault drivers to try to recover compensation for their injuries and losses. To prevail in these types of claims, the plaintiffs will need to show that the drivers were negligent and that the negligence proximately caused their injuries and resulting losses. Some types of negligence that can cause pedestrian accidents include the following:
- Speeding
- Drowsy driving
- Distracted driving
- Driving under the influence of drugs or alcohol
- Reckless driving
- Failing to obey traffic control devices
Getting help from an experienced pedestrian accident lawyer Encino
It is important to get help from an experienced pedestrian accident attorney in Encino when you have been injured. He or she should know how to investigate what occurred when an accident happens between a car and a pedestrian. Accident lawyers may work with investigators and accident reconstruction experts who can help to document the accident scene and to gather evidence. Some types of evidence that might be important include witness statements, photos of the scene, video evidence, and information about other drivers. Gathering evidence can help the injured pedestrian to prove the liability of the driver when the insurance company attempts to dispute the driver’s fault.
Compensation in a pedestrian accident
Since every pedestrian accident is different, the potential compensation that you might receive will depend on the facts and circumstances of your case. The severity of your injuries, the likelihood of your recovery, and the losses that you have suffered will all factor into the value of your claim. Your attorney will analyze the factors in your case. Some of the categories of damages that you might be able to recover include the following:
- Past and future medical costs
- Past and future income losses
- Physical pain and suffering
- Scarring and disfigurement
- Emotional trauma
- Loss of consortium
- Funeral and burial expenses in wrongful death cases
Contact a pedestrian accident attorney for help
If you have suffered serious injuries or have lost a loved one in a pedestrian accident, you should talk to an experienced pedestrian accident lawyer in Encino at the Valley Injury Lawyers. Contact us today to schedule a free consultation by calling 818-565-6600.
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