I Was Injured in a Crosswalk - Should I Hire a Pedestrian Accident Lawyer?

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Do You Need a Pedestrian Accident Lawyer to File a Personal Injury Lawsuit?

Do You Need a Pedestrian Accident Lawyer to File a Personal Injury Lawsuit?

Feb 25, 2022

Pedestrian accidents are a common occurrence in California, particularly here in the Los Angeles area. The following California pedestrian accident statistics have been confirmed as of 2018, according to state’s Office of Traffic Safety (OTS):

  • 893 pedestrians were killed on state roadways that year
  • That figure represents a 26% increase from 2014
  • Over 14,000 pedestrians were injured in 2018
  • California’s pedestrian fatality rate is nearly 25% higher than the national average

Furthermore, the Centers for Disease Control and Prevention (CDC) confirmed that 5,977 pedestrians were killed in traffic crashes in 2017. That means that approximately every 88 minutes a pedestrian accident fatality occurs in the United States. Moreover, an estimated 137,000 pedestrians were treated in emergency rooms in 2017 for non-fatal motor vehicle crash-related injuries.

I Was Injured in a Crosswalk – Should I Hire a Pedestrian Accident Lawyer?

Below we will provide all the information you need when considering whether or not to file a civil lawsuit to recover financial compensation after a pedestrian accident injury. We’ll also review pedestrian accident laws, provide detailed information on the types of damages that may be obtained after an injury, and discuss how an experienced personal injury attorney can help maximize your claim.

California Pedestrians’ Legal Rights and Duties

According to California Vehicle Code Section 21950, pedestrians have certain legal rights, and drivers of cars, motorcycles, trucks, scooters, etc. must exercise caution when traveling through intersections, crosswalks, and roadways in general.

According to California pedestrian law:

  • (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
  • (b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
  • (c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
  • (d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.

Types of Pedestrian Accident Injuries

Types of Pedestrian Accident Injuries

Pedestrian accidents can often result in severe injuries which have a long-term impact on one’s quality of life. Some common injuries that Dordulian Law Group’s (DLG) pedestrian accident lawyers frequently encounter include:

  • Broken or fractured bones
  • Lacerations/road rash
  • Traumatic brain injuries (TBI)
  • Concussion (MTBI)
  • Skull fractures
  • Internal organ damage
  • Ligament tears or damage
  • Contusions or abrasions
  • Spinal cord injuries
  • Neck or back injuries/trauma
  • Scarring or disfigurement
  • Fatalities

What is the Most Common Cause of Injury to Pedestrians?

The National Highway Traffic Safety Administration (NHTSA) issued a 2017 report listing a number of common causes of pedestrian accident injuries and fatalities. Some of the causes cited by the NHTSA included:

  • Reckless driving
  • Distracted driving
  • Failure to signal before turning
  • Being under the influence of drugs or alcohol
  • Failing to yield to a pedestrians’ right of way
  • Poor visibility or weather-related conditions
  • Running into the roadway
  • Jaywalking
  • Standing, lying, playing, or working in the roadway
  • Improperly crossing at a crosswalk, intersection, or onto the roadway

Additionally, the NHTSA confirms:

  • More pedestrian fatalities did not occur at intersections (73%) than those that occurred at intersections (18%).
  • The remaining 9% occurred at other locations such as roadsides/shoulders, parking lanes/zones, bicycle lanes, sidewalks, medians/crossing islands, driveway accesses, shared-use paths/trails, non-traffic way areas, and other sites.

How is Liability Determined in a California Pedestrian Accident?

California’s comparative fault/negligence law stipulates that an injured victim (the complainant) can still recover financial compensation (what’s known as damages in legalese) even if he/she happened to be partially liable for a pedestrian accident. This means that in virtually any personal injury case, the courts will assign a percentage of liability to each involved party. Accordingly, unless one person/entity is 100% responsible for an incident, the involved parties will share a portion of the overall liability.

However, in many pedestrian accidents, the motor vehicle driver is in fact deemed to be entirely liable for an injury. Given California’s comparative fault law, pedestrian accident victims are encouraged to speak with an experienced personal injury attorney to ensure their claims are handled properly and liability is fairly applied.

What if I’m Injured as a Pedestrian by an Uninsured Driver?

California’s Uninsured Motorist Law (also known as California Insurance Code §11580.2) is complex and can often be misunderstood. As an injured pedestrian, you may be unaware that if you’re struck by an uninsured or underinsured motorist, your car insurance policy can actually extend to cover said injury (provided that you carry uninsured/underinsured motorist coverage).

In California, motorists are not required to carry uninsured/underinsured coverage as part of their car insurance policies. But if you do purchase uninsured/underinsured motorist coverage, that portion of your auto insurance policy actually applies whether you are injured as a driver, passenger, or pedestrian. In fact, even if you were injured by an at-fault driver while attempting to cross the street at an intersection while riding your bicycle, your uninsured motorist car insurance policy would still apply.

This can be useful if you’ve been injured by a hit-and-run driver – whether as a pedestrian or bicyclist. In such scenarios, your uninsured/underinsured motorist coverage would extend and apply to ensuing losses such as medical bills and pain and suffering.

And although many people don’t realize the potential benefit, anyone named on your auto insurance policy or living in the same household as a family member may also be covered in the event of a pedestrian accident injury (provided you carry uninsured/underinsured motorist coverage).

For more information on how uninsured/underinsured motorist coverage applies after a car or pedestrian accident injury, please visit our recent blog.

What Should I Do After a Pedestrian Accident Injury?

The most important thing to do after a pedestrian accident is undergo an immediate medical examination by a qualified physician. Many pedestrian accident injuries may not immediately manifest symptoms. Moreover, if you intend to file a pedestrian accident civil claim, medical documentation can not only help you prove liability against the at-fault party, but also ensure that your financial compensation is maximized. Unfortunately, pedestrian accident injury cases are often declined by law firms because victims did not receive the proper medical treatment that can support their version of events.

After a pedestrian accident, your health and well-being should be the absolute first priority. Once you’ve received medical treatment, it’s important to remember to never make a statement to the insurance company or even the police. Arranging a free and confidential consultation with a DLG pedestrian accident lawyer can help ensure your right to maximum financial compensation is protected following a pedestrian accident injury that was due to negligence or carelessness.

Do I Need an Attorney for a Pedestrian Accident Injury Claim?

Proving negligence in a California pedestrian accident case requires skill and experience in order to secure the maximum financial compensation you truly deserve. Fighting to recover intangible and hard to quantify damages such as pain and suffering or emotional trauma can be challenging, and that’s where DLG’s experienced pedestrian accident lawyers can help.

We have the proven results you need for peace of mind throughout every step of the pedestrian accident claims process. We won’t settle for anything less than a maximum financial damages payout for your pedestrian accident injury lawsuit.

Additionally, hiring a DLG pedestrian accident lawyer to handle your injury claim can be in your overall best interest for a number of reasons. In fact, injured car and pedestrian accident victims who hire private attorneys often secure greater financial compensation for their claims.

For example, the Insurance Research Council (IRC) recently conducted a study which confirmed the following statistics in personal injury claims:

  • Settlements for injured claimants were 40% higher when they had secured private legal representation.
  • The average insurance payout was 3.5 times higher for injured victims who hired private attorneys (when compared to those representing themselves).
  • 85% of all money paid by insurance companies for bodily injuries is received by victims who have secured representation from a private personal injury attorney.

With DLG, your pedestrian accident injury consultation is always free, confidential, and without any obligation. We’ll review the facts of your case and provide you with all available legal options to ensure your rights are protected and the maximum financial damages award you deserve is pursued. We serve injured pedestrian accident clients throughout California as well as the United States.

Some of the local areas DLG serves include:

  • Los Angeles
  • Glendale
  • Torrance
  • North Hollywood
  • Burbank
  • Pasadena
  • San Diego
  • Bakersfield
  • Sacramento
  • Fresno
  • Riverside
  • San Francisco
  • Granada Hills
  • Simi Valley
  • San Fernando Valley
  • Antelope Valley

What Compensation is Available After a Pedestrian Accident Injury?

Economic and non-economic damages may be recovered after your pedestrian accident injury. The specific damages that you may recover can vary depending on the unique circumstances of your pedestrian accident (e.g. severity of your injuries, extent of the driver’s liability, the driver’s history, etc.).

The most common examples of pedestrian accident injury damages are broken down below according to type.

Common Pedestrian Accident Economic Damages:

  • Medical expenses
  • Emergency department treatment
  • Physical Therapy
  • Rehabilitation
  • Lost Wages
  • Lost Earning Capacity

Common Pedestrian Accident Non-Economic Damages:

  • Pain and suffering
  • Emotional trauma
  • Reduced quality of life
  • Scarring or other serious injury
  • Compensation for loss of a limb or disfigurement

To learn more about how important it can be to have an experienced California pedestrian accident lawyer handling your injury claim when attempting to recover hard to prove non-economic damages, please visit our recent blog on how pain and suffering damages are calculated in personal injury civil claims.

Los Angeles Pedestrian Accident FAQs

– Will my pedestrian accident injury claim have to go to trial?

Whether or not a pedestrian accident civil claim goes to trial can depend on a number of factors, such as the extent of liability, severity of injuries, and who the at-fault party is (e.g. a motorist, Uber/Lyft driver, commercial truck driver, etc.). At DLG, we always work tirelessly on our clients’ behalf to recover a maximum financial damages award as soon as possible. In many cases, a pedestrian accident injury damages award can be secured quickly and without ever having to proceed to trial. If your pedestrian accident claim does require a courtroom trial, you can be confident that our experienced team of lawyers, led by former Deputy District Attorney for Los Angeles County, Sam Dordulian, has the skill and talent required to reach a successful conclusion. Unlike many Los Angeles personal injury lawyers, Dordulian has over 25 years of experience and more than 100 jury trial victories.

– How much is my pedestrian accident injury claim worth?

One of the most common questions we hear from pedestrian accident injury victims is, “How much is my case worth?” Depending on the severity of your injuries and negligence of the at-fault driver, your pedestrian accident civil lawsuit may be worth a significant sum of money. The value of your California pedestrian accident lawsuit will be unique to the circumstances of the incident. But when you secure representation with DLG’s expert pedestrian accident lawyers, you can be confident that we will fight aggressively to secure the maximum financial compensation available that includes all applicable damages. If you suffered any kind of pedestrian accident injury due to someone else’s negligence – regardless of the severity – you may be eligible to recover substantial financial compensation for various losses. When negligence or carelessness leads to a pedestrian accident injury, the at-fault party should be responsible for covering your resulting expenses, such as medical care costs, lost wages, and more.

– What if I wasn’t injured in a crosswalk?

Due to California’s comparative negligence law, you may be able to recover a maximum financial damages award for your pedestrian accident injury claim even if you were partially at fault. Contact DLG’s experienced team of pedestrian accident lawyers today to learn more.

– The insurance company offered me a settlement for my pedestrian accident injury. Should I accept it?

Absolutely not. Never accept any type of settlement offer or sign any type of legal document before speaking with an experienced and qualified pedestrian accident lawyer for a free and confidential consultation. Your settlement could be worth far more than an initial offer from the insurance company, and an experienced DLG personal injury lawyer will be able to provide an overall estimate of your claim’s value.

Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.

Contact the Best Los Angeles, California, Pedestrian Accident Lawyers

Contact Dordulian Law Group today at 818-322-4056 for a free pedestrian accident lawyer consultation. You have nothing to lose and everything to gain by ensuring that the insurance company or at-fault party does not take advantage of your rights after a pedestrian accident injury. You owe it to yourself to take every step towards avoiding financial loss after an unfortunate pedestrian accident injury that occurred through no fault of your own.

With DLG’s experienced pedestrian accident injury lawyers, our No Win/No Fee Guarantee means there is never any obligation or upfront expense. And you never pay a dime until we successfully recover a maximum financial damages award for your California pedestrian accident claim.

Reach out to DLG’s experienced team today. We are here to answer any questions you may have 24/7. And with more than $100,000,000 in settlements and verdicts recovered for our clients while maintaining a 98% success record, you can be confident that your Los Angeles, California, pedestrian accident injury lawsuit is in the best possible hands.

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