Pedestrian Accident Attorneys
at Jacob Emrani
Were you injured in a crosswalk?
OUR TEAM OF Pedestrian Accident Attorneys CAN HELP YOU WIN YOUR CASE.
With the notorious chaos of Los Angeles traffic, being involved in a pedestrian and vehicle accident is as simple as going outside. These accidents can result in serious consequences, and it’s important to take steps to claim compensation for your damages. At the law offices of Jacob Emrani, our pedestrian accident attorneys provide expert assistance to help you demonstrate your claim and attain fair compensation.
Liability in Pedestrian Accidents
All people using the road are responsible for following traffic laws and behaving reasonably. Liability depends on the pedestrian or driver’s actions and generally falls on whoever behaved recklessly or violated traffic rules. In pedestrian and vehicle accidents, the driver is often found at fault.
While various circumstances can result in pedestrian accidents, driver negligence, and unsafe driving behavior can lead to:
- Distracted driving: Texting or talking on the phone, eating or drinking, and other behaviors can limit a driver’s attention to the road and their awareness of their surroundings. They may not notice crosswalks, intersections, or other hazards.
- Speeding: Proper speed regulations help ensure that focused drivers can stop in time to avoid pedestrians and other obstacles or hazards. High speed and aggressive driving can leave little leeway for reaction time, especially in busy downtown Los Angeles areas.
- Failure to yield: Whether due to lack of awareness, haste, impatience, or poor understanding of right-of-way laws, many drivers fail to yield to pedestrians. These accidents often occur at marked or unmarked crosswalks, even when pedestrians are already crossing.
- Impaired driving: Driving under the influence can severely limit reaction time and awareness and can cause serious pedestrian accidents.
- Failure to obey traffic laws: Disregarding red lights, stop signs, and other traffic laws can significantly increase risk to pedestrians and other drivers.
How Do I Know If I Have a Claim For a Pedestrian Accident?
To make a claim for a pedestrian accident, you must determine if the driver is responsible for your injuries or damages. Your claim must include these key elements to demonstrate driver negligence:
- Duty of care: The motorist owed a duty of care to the pedestrian by operating their vehicle safely and according to traffic laws.
- Negligence: The motorist didn’t behave reasonably and engaged in reckless actions, such as speeding or impaired driving.
- Causation: There’s a direct link between the driver’s negligent behavior and the accident.
- Damages: The plaintiff must provide evidence that their injuries or damages are a direct result of the accident.
In some cases, both the pedestrian and driver may have contributed to the accident and, in California and other states, the law refers to comparative negligence principles to determine fault. For example, if a pedestrian uses a crosswalk without looking and is hit by a speeding driver, both parties may carry some liability. If you’re partially at fault as a pedestrian, you may still be able to claim compensation reduced by a percentage of your fault.
What Types of Damages Can I Recover in a Pedestrian Lawsuit Accident?
Pedestrian accidents can lead to significant long-term challenges for victims, both financially and emotionally, such as:
Medical expenses
Compensation for medical expenses encompasses acute treatment, such as emergency services, hospitalization, surgeries, medication, and rehabilitation. It may also cover long-term costs if your healthcare providers expect chronic or life-altering treatment, assistance, or rehabilitation needs as a result of your injuries.
Loss of income
Pedestrians who can’t work due to injuries may claim compensation for lost income. This includes both the income loss during the immediate recovery period and the negative impact on their future earnings if the injuries prevent them from returning to their previous occupation.
Property damage
Items lost or destroyed in the accident may qualify as damages you can claim, including clothing, electronics, or other belongings.
Pain and suffering
Pain and suffering can refer to physical pain and discomfort as the result of injuries from the accident. Compensation can also cover damages for emotional distress, such as traumatic stress, depression, anxiety, and other problems.
How Long Do I Have to File a Pedestrian Accident Claim?
Each state has a statute of limitations determining the time you have to file a pedestrian accident claim, typically between two and four years. In California, the statute of limitations allows plaintiffs up to two years from the date of the pedestrian accident to file a lawsuit against the driver. If a pedestrian accident resulted in fatality, you may file a wrongful death claim on behalf of the deceased person for up to two years after the date of death.
Failing to file a lawsuit before California’s two-year deadline can lead to your forfeit of your legal right to compensation. Consult with an experienced pedestrian accident attorney as soon as possible after your accident to prevent filing delays.
Do I Need a Lawyer For a Pedestrian Accident Case?
Pedestrian and driver accidents can be complex and drawn out, and while it’s possible to file a pedestrian accident lawsuit on your own, consulting with a specialized pedestrian accident attorney can provide numerous advantages.
Legal expertise and knowledge
Pedestrian accident lawyers deeply understand the complexities of personal injury and automotive accident cases. This expertise allows them to apply relevant laws and legal procedures to identify and demonstrate driver liability and advocate for their pedestrian client.
Fair compensation
Damages resulting from an accident aren’t always obvious. An attorney can document and assess economic and non-economic damages to ensure you’re compensated for the full extent of your injuries.
Insurance negotiation
Insurance adjusters often employ challenging tactics to deny pedestrian accident injury claims or pressure plaintiffs to accept early settlements. A pedestrian injury attorney can navigate the negotiation process to ensure you receive fair compensation.
Litigation process
Most cases with clear liability are resolved with a settlement. Should yours go to trial, your attorney can handle the associated legal procedures, case presentation, and other aspects of the pedestrian accident litigation process.
Contact Jacob Emrani for Pedestrian Accident Lawsuit Support in California
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In many instances, personal injury cases are about much more than just taking care of your medical costs.
While the often overwhelming costs of receiving medical care and treatment that could be ongoing, long-term or even permanent for your physical injuries are certainly a part of cases like these, your Los Angeles personal injury attorney can also assist you in seeking compensation for injuries that extend to emotional hardship, damage to your personal property and financial coverage.
If you would like to discuss your own personal injury case with a passionate, knowledgeable personal injury lawyer in Los Angeles, we invite you to contact the Law Offices of Jacob Emrani today to schedule a free evaluation of your case. If it is more convenient, one of our dedicated team members can come directly to you.