- Distracted drivers: Distracted driving has been on the rise due to increased mobile phone use plus other distractions like food, other passengers, and radios.
- Speeding: Speeding is one of the most common causes of car accidents in the US. A speeding car can cause serious injuries to a pedestrian.
- Failing to yield: Pedestrians have the right of way at crosswalks, and drivers who fail to yield can cause serious accidents.
- Impaired driving: Drivers under the influence of drugs or alcohol have a reduced reaction time and are more prone to erratic behavior.
- Poor visibility: Dark roads and bad weather make it harder to spot pedestrians, leading to an increased risk of accidents.
- Parking lot collisions: Accidents are also common in parking lots where there are a lot of cars and people.
- Broken bones and fractures. Pedestrians are prone to fractures in their arms, legs, hands, wrists, shoulders and back.
- Soft tissue damage. Soft tissue damage such as sprains, contusions, tears, and dislocations affect the muscle tissue and are usually very painful.
- Traumatic brain injuries. Head and brain injuries are silent killers, as some symptoms do not appear immediately after an accident.
- Spinal cord injuries. Damage to the spinal cord and nerves may cause paralysis or long-lasting numbness in the area of the impact.In cases where a pedestrian is killed, families of the deceased can file wrongful death cases to recover compensation. Our Downey pedestrian attorneys are experienced in filing wrongful death cases and can help you in this difficult time.
However, it is very important not to discuss fault at the scene of the accident, as this could affect your claim down the road. An insurance company or judge will determine who is at fault, or in the case of comparative fault, who is responsible for what. You or your attorney will need to provide various documents such as police reports and medical records to support your case.
In order for a victim to file a successful personal injury claim, (in this case, the plaintiff), he or she must demonstrate four elements:
- The defendant had a duty of care to the plaintiff
- He or she breached this duty
- The plaintiff suffered injuries
- The injuries and damages from the accident were caused by the breach of duty
California is a comparative negligence state, which means that even if the victim was partially at fault for the accident, he or she can still recover compensation. It’s best to speak with an experienced accident attorney who can go into more detail about the legalities of determining fault and what to expect in the claims process.
California's New Pedestrian Law
As of January 2023, police officers can no longer give tickets for jaywalking in California, unless there is "an immediate danger of a collision." The new law allows pedestrians to cross the street outside of a crosswalk or against a traffic light "as long as it's safe to do so."
From gathering evidence to filing a claim with the insurance company, we will guide you through every step of your personal injury claim so you can focus on healing. We are skilled at negotiating with aggressive insurance companies and are aware of their tactics. We always have our clients' best interest in mind.
Our Downey law firm specializes in recovering compensation for victims of pedestrian accidents caused by driver negligence. We operate on a contingency-fee basis, which means you don’t pay any fees until you are compensated.
Hiring an experienced pedestrian accident lawyer will put your mind at ease knowing that you are on your way to receiving fair compensation. Call Promenade Accident Attorneys send us a message to schedule a free consultation to review your case.
If you've been injured in a Downey pedestrian accident, our Los Angeles law firm knows the ins and outs of filing a claim and securing maximum compensation. Our experienced team is ready to speak with you today. Call for a free consultation to get started.