Pedestrian accidents frequently result in serious injuries sustained by walkers on the streets and sidewalks of Long Beach. A pedestrian accident can entail any injury suffered while walking on or near the street, using a crosswalk, or entering or exiting a vehicle. Generally, a pedestrian accident involves a person and a vehicle colliding, but these accidents may also affect multiple pedestrians, bicyclists, or motorcyclists.
Regardless of the severity of the accident, your injuries or losses may entitle you to financial compensation. Never assume that you are ineligible to recover compensation due to various circumstances, such as seemingly minor injuries. Pedestrian accidents often lead to latent injuries that manifest days, weeks, or even months after the initial incident. Allow a Long Beach pedestrian accident lawyer at DLG to consult with you and investigate your case properly. You will be advised of your rights and the merits of your claim before proceeding.
You may file a lawsuit after a pedestrian accident if the persons or entities that caused your accident were negligent, and said negligence led to the incident and your injuries. A Long Beach pedestrian accident lawyer will gather information pertaining to the accident and determine if you have grounds to file a lawsuit.
Remember that claims involving government agencies follow a different filing deadline (also known as a statute of limitations) than those filed against private individuals or entities. Consult with your knowledgeable Dordulian Law Group attorney regarding how to proceed with specific types of cases brought against various entities.
If you are an immediate family member of someone who died during a pedestrian accident, you may be eligible to file a wrongful death lawsuit on behalf of the decedent’s estate. Generally, dependents such as a spouse or adult children can file a claim that will compensate the decedent’s surviving family. A representative or administrator of the estate may also file a lawsuit. Friends and extended family are not typically eligible to file wrongful death lawsuits because they are likely not dependents of the deceased.
Insurance policies may pay for some injuries after a pedestrian accident. If a car or truck strikes a pedestrian, the automotive insurance policy may pay a portion of damages. However, these policies will likely only provide modest payments for a victim’s medical bills. Such payouts from insurance policies rarely rise to a value that covers all the victim’s injuries or losses.
The victim may have health insurance, but that insurance policy has a deductible which the victim is almost always expected to pay. Even if the victim satisfies their deductible, it’s possible coverage may be denied because services were performed at an out-of-network facility.
At times, a victim may be approached by a representative of the at-fault party. Said representative may claim that insurance can be used to make a lump-sum payment. While this payment is tempting, it likely does not represent the total value of the lawsuit. This is one of many reasons why it is so important for Long Beach pedestrian accident victims to seek the counsel of an experienced attorney from Dordulian Law Group. We can help you determine how much your case is worth and whether or not you are being taken advantage of by an outside party.
The value of a pedestrian accident lawsuit can vary dramatically depending on the severity of injuries or losses suffered. Documentation, including medical bills, doctor’s reports, medical expert testimony, victim’s statements, and tax records or paychecks can help give an accurate picture of the money you might be losing after an accident.
Traditionally, your Long Beach pedestrian accident lawyer will seek additional damages to help pay for your full recovery. Your may require several surgeries or procedures to enhance your quality of life. You might also need medical equipment to assist in your recovery, or you may need medications to manage debilitating pain. Physical therapy and transportation to medical facilities may also be necessary.
During your recovery, you may experience psychological or emotional trauma and require the assistance of a psychiatrist, psychologist, or licensed clinical therapist. If you require in-home or nursing home care, those expenses may be added to your claim.
Your DLG lawyer will listen to your story and seek all available damages, including “pain and suffering,” chronic physical pain, and dramatic decrease in quality of life. Damages for your “emotional anguish” may also be calculated if you are suffering from mental health consequences following the accident.
Punitive damages are available for, as the state of California explains, “conduct with malice, oppression, or fraud.” These damages are not capped, but can be difficult to prove. Wanton disregard for human life or intentional harm of an extreme nature typically warrant punitive damages to be awarded.
When your Long Beach pedestrian accident lawyer accepts the case, he or she will research every aspect of the accident to determine who is responsible, and the degree of responsibility (in the event both parties played a role). While these cases often involve errant drivers, there are other persons or entities that may be involved. Generally, responsible parties in pedestrian accidents can include:
Your accident may involve several levels of liability, and your attorney will dig deep to understand the nature of the accident. For example, a motorist who strikes a victim could have been in a defective vehicle. The manufacturer or designer of the faulty part that caused the accident may therefore be liable. Investigating your case is a responsibility we at Dordulian Law Group take very seriously. We dispatch our Chief Investigator, Detective Moses Castillo, on each and every case. Castillo is a retired detective with the Los Angeles Police Department’s elite Central Traffic Division. He has handled countless high-profile traffic cases over the years, bringing justice to victims of every type of accident.
Generally, your attorney must prove that the defendant had a duty of care to extend to you, that duty of care was violated, and you were hurt due to their negligence. Additionally, you must have medical receipts or charts that prove you were hurt on the date in question.
Criminal and civil trials are not the same. A criminal trial does not result in compensation for the victim, and its outcome does not impact the compensation you may receive in a civil case. Criminal charges must be proven beyond a reasonable doubt, and a criminal case is brought by the District Attorney representing the jurisdiction where the crime occurred.
Civil trials typically involve you, your lawyer, the defendant(s) and their lawyer(s). You may choose to file a lawsuit at any time (within the statute of limitations pertaining to your specific case) with your lawyer’s assistance. These cases can be settled out of court, and the judge may even encourage both parties to reach a settlement. If the case were to go to trial, your attorney must prove that it is “more likely than not” that the defendant is responsible for your injuries or losses as a result of negligence or ill intent.
California imposes a statute of limitations on all personal injury lawsuits. You must file a personal injury lawsuit within two years of the date of the accident. In the event of a wrongful death, you have two years from the date of the victim’s death to file a claim.
Some rare exceptions to the two-year statute of limitations apply. In the case of government agencies, victims typically have six months to file a claim. To ensure that you meet the statute of limitations for your specific claim, arrange a free consultation with a dedicated personal injury attorney from Dordulian Law Group who has successfully handled pedestrian accident cases like yours in the past.
A High Rate of Pedestrian Accidents in Long Beach, California
Reporting from The Sacramento Bee indicates that California is one of the most dangerous places in America for pedestrians. In 2019, pedestrian deaths rose by 12% during the first half of that year, while the national average increase was only 3%. Between January and June of that year alone, there were 519 pedestrian deaths. Given such statistics, California is the ninth-most dangerous state for pedestrians in America.
Experts note that there is an increase in walking among Americans, and those riding bicycles for fitness or ecological reasons are flooding the streets, leading to more and more potential accidents. An increased use of mobile devices can cause distraction, which can lead to accidents that kill pedestrians. Furthermore, large vehicles tend to increase the severity of these accidents.
Road crossings are generally unsafe at night, as evening deaths of pedestrians have risen almost 70% in recent years. The ever-increasing population of Long Beach and the greater Los Angeles-area also plays a part in these accidents. The second-largest city in America, Los Angeles has a population of 12.5 million people, many of whom drive across the city every day. Many other Angelenos choose to walk. With more and more cars on the roads and more and more pedestrians on the streets, accidents are bound to happen. At more than 460,000 people, Long Beach, California, is a bustling city that frequently invites pedestrian accidents.
Common pedestrian accident injuries can range from benign to severe, as pedestrians are without protection. When struck by a large vehicle or sustaining a fall to the ground, pedestrians can endure catastrophic injuries. The most common pedestrian accident injuries include broken bones, lacerations, road rash, and soft tissue damage.
Victims struck at high speeds may suffer from severe internal injuries, organ damage, or internal bleeding.
Concussions, contusions, and traumatic brain injuries (TBI) may occur when a victim strikes his or her head on a vehicle (or on the ground without the protection of a helmet). These injuries often produce an injury
that results in a severe decline in cognition, mood, or personality.
Injuries may heal, but the victim is often left with a limp, difficulty walking, chronic pain, and/or permanent musculoskeletal damage. Permanent damage to bones, ligaments, or tendons may reduce the victim’s fine or gross motor skills. In some tragic cases, these injuries leave the victim incapable of working.
“They are fast to respond and very sensitive to your problem. Even though they were not able to take my son’s case they still gave us information on what to do next.”
If you require legal services from Dordulian Law Group, call 562-502-8822 or use our online contact form to schedule a free consultation. Founding President and Managing Attorney, Samuel Dordulian, is a veteran prosecutor in Los Angeles who advocates for victim’s rights after they are injured through no fault of their own. He partners with a massive team of attorneys, as well as our Chief Investigator, Moses Castillo.
Regardless of the extent of your accident, if you suffered any type of an injury in a pedestrian accident you would be well advised to bring your case forward to an experienced Long Beach pedestrian accident lawyer at DLG. We can help you recover maximum compensation for your injuries and various categories of losses.
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