Pedestrian accidents occur at an alarming pace in Torrance, California, and Dordulian Law Group is prepared to help injured victims recover the compensation they deserve. This field of personal injury law is often overlooked because pedestrian accident victims feel they must be to blame for their accidents. However, this often not the case. In fact, most pedestrian accident victims who are injured will have a valid claim for financial compensation.
A pedestrian accident entails any incident in which a pedestrian is struck, affected, and/or injured by another while on the street. These scenarios leading to such accidents can be quite complex, with drivers not always being the at-fault party. Motorists cause pedestrian accidents every day when they fail to see pedestrians in a crosswalk, drive wildly, or strike passersby in open areas. A distracted driver might slide onto the sidewalk because they are simply not paying attention, injuring or killing a pedestrian. Pedestrians in crosswalks are often struck by intoxicated, drowsy, or confused drivers.
Pedestrians around Torrance may use the sidewalks faithfully and suffer injuries when struck by a bicycle or jogger. The pedestrian might be pushed out of the way, off the sidewalk and onto the shoulder, or into the street. Cracks in the sidewalk, potholes in the street, or other obstacles might also cause injuries. Pedestrians can be accidentally struck by someone exiting a shop or pushed down by a reckless passerby.
If you suffer injuries during an accident while walking on the street, you may be entitled to compensation. If possible, take pictures of the area where the accident occurred. Speak to witnesses who come forward to help you, and call 911 so that you can be examined by an EMT or go to the emergency room. When you call 911, a police officer will arrive and generate a report for the accident. We use this information to begin building a case that allows you to recover financial compensation.
In pedestrian accidents, the first priority must always be the health and safety of the injured victim. If you were injured in a pedestrian accident, it is strongly advised that you attend to your health and any injuries immediately. Even seemingly minor accidents involving pedestrians can lead to latent injuries that prove to be serious, and in the worst cases catastrophic. Internal bleeding, traumatic brain injuries, concussions (mild traumatic brain injuries), and bone fractures commonly occur after pedestrian accidents. By receiving a medical examination, pedestrian accident victims are able to ensure they don’t have any serious injuries. Of additional importance is the paper trail the exam establishes.
In a best-case scenario, a pedestrian accident victim is examined and cleared without any serious injuries. However, if a pedestrian accident victim sustains an injury, the medical exam serves as evidence that can help recover financial compensation (when applicable) in a future personal injury claim. If a pedestrian accident victim sustains an injury but does not receive a medical examination, that individual is not simply risking his or her health and well-being. An injured pedestrian who does not receive medical attention puts any future personal injury claim in jeopardy.
By delaying medical care, a defendant (whether an errant driver or bicyclist) now has the opportunity to contend that any injuries you sustained were not the result of the accident, but of delaying care afterward. Of course, this doesn’t mean the injured pedestrian no longer has a valid claim. However, it will likely be more difficult for you to prove that the other party is 100% at fault, and your final settlement or verdict may be impacted accordingly.
If you are involved in a Torrance pedestrian accident, to give your case the best chance of succeeding your first step should be to receive medical care. Your second step should be to call an experienced and trusted pedestrian accident attorney at Dordulian Law Group who will fight to help you recover every penny of financial compensation you deserve.
Yes. You can sue for a pedestrian accident, but you must have evidence demonstrating you were hurt and you know who is to blame. You can work with DLG to file a lawsuit when there is a preponderance of evidence demonstrating someone else is at fault for your injuries.
If you do not know who caused the accident, come forward as soon as possible so that a Torrance pedestrian accident lawyer from DLG can help determine who caused the accident, speak to eyewitnesses, and hopefully generate enough evidence to justify a lawsuit. Your case is not hopeless if you aren’t initially able to identify an at-fault party, as we have a team of investigators and litigators ready to uncover the truth behind your accident.
Even if you were partially at-fault for the accident, you may still have a claim and be eligible for a financial damages award. Under California’s comparative fault law, cases are evaluated and damages are awarded based on the degree of fault. In other words, if you were less than 100% responsible for a pedestrian accident (i.e. even 99% responsible) where you suffered an injury, you are more than likely eligible for financial compensation.
How Much is Your Pedestrian Accident Case Worth?
A range of damages are available to victims of pedestrian accidents. In 2017, the city of Los Angeles agreed to a $15 million settlement for an accident that severely injured a man who was struck by a car. In that case, the city was accused of not remedying dangerous conditions at the intersection of Franklin and Hollywood.
When we file a pedestrian accident lawsuit on your behalf, we are seeking several different types of compensation, including:
A pedestrian accident claim has four distinct parts that an experienced DLG Torrance lawyer will cover when handling your case. As we investigate your claim, we need to know if the defendant had a duty of care towards you, the victim. A driver has a duty to drive safely, avoid accidents, and treat other people with care. A defendant obviously violates that duty of care when they disregard traffic laws and injure the victim.
When we file suit, we must also demonstrate that the duty of care was violated at the time of the accident. We can use speed camera and red light camera footage, security footage from local businesses, and eyewitness accounts to prove the defendant violated their duty of care by injuring you.
We must then prove that you suffered an injury as a result of the negligence – another example of why you should always seek immediate medical attention after a pedestrian accident to prove that you were hurt at the time of the incident. Finally, we must demonstrate that the defendant’s recklessness or misconduct caused your accident and injuries.
According to the California Office of Traffic Safety, pedestrian injuries and deaths are a serious issue that only gets worse from year-to-year. From 2014 to 2018, the number of pedestrian deaths in California rose by 26% to 893. In 2018 alone, over 14,000 pedestrians were injured, and the fatality rate for pedestrians in California is 25% higher than the national average. In short, California has more pedestrian deaths than any other state in the nation every year.
The Office of Traffic Safety wants pedestrians to take steps to protect themselves. Wearing bright or reflective clothing, using sidewalks, avoiding jaywalking, and avoiding distractions are safe practices that are recommended when walking the streets of California. Pedestrians should always look both ways before crossing, and they should always check traffic signals before proceeding.
Injuries incurred in pedestrian accidents often include:
When a pedestrian is struck by a vehicle, the force is so intense that the victim could easily break multiple bones, suffer severe lacerations, and experience major head injuries. Aside from the severe cognitive and motor issues that may arise after a traumatic brain injury, pedestrian accident victim are also at increased risk for paralysis.
Internal injuries are common but often overlooked. Organ damage and massive internal bleeding can kill someone who does not receive immediate medical attention.
A civil case and a criminal trial are very different. When you are injured in a pedestrian accident, the offending party may be charged with a crime. If you choose to sue the at-fault party for your injuries, the criminal trial against that person could proceed at the same time that your civil claim is in progress.
A pedestrian accident victim may or may not be involved in an associated criminal case. If involvement is necessary, it is usually to give a statement or testify. In a criminal trial, the defendant must be proven guilty beyond a reasonable doubt. The burden of proof in a civil case is much different. When you file a lawsuit against a defendant for causing your accident and injuries, you are asking the judge or jury to believe that the defendant more than likely caused the incident. In civil cases, there may be doubts, but there must be at least enough evidence to demonstrate that the defendant is responsible for damages. In other words, the burden of proof in a civil case is lower than that for a criminal case. This is yet another example of why it is in a pedestrian accident victim’s best interest to contact a qualified and diligent personal injury lawyer to ensure all eligible financial compensation is recovered.
The statute of limitations for filing a personal injury lawsuit in California is two years under California Civil Code of Procedure section 335.1. You have two years from the date of the accident to file a claim in most pedestrian accident cases. If you plan to file a claim against a government agency, California Government Code section 911.2 gives you six months to file the claim and outlines the procedures you must follow.
Pedestrian accidents are unique in that they do not involve an insurance policy carried by the victim. You do not take out insurance simply to walk down the street, and you may or may not have health insurance. Even if you have health insurance, a pedestrian accident can leave you saddled with massive amounts of medical debt. You must satisfy your deductible, and your healthcare plan likely does not cover all your expenses. Additionally, there is no coverage available for uninsured drivers or assailants.
Speak to a Torrance pedestrian accident lawyer at DLG who can help you recover compensation that will pay for your injuries and losses. You should not be forced to rely on an insurance plan that might have a maximum lifetime coverage cap which could easily be exceeded by a single pedestrian accident.
“Hey anyone needing or thinking about using this law firm stop thinking and honestly do it!! I was in a pretty bad car accident about 2 years ago and we settled today and honestly I couldn’t be happier; not because of the money but for the fact that Sam listened to me every step of the way only giving advise and confidence.
They all worked so hard for me when I couldn’t and listened to every little complaint or dumb question I had along the way!
I will recommend these guys forever.”
If you are injured in a pedestrian accident, contact Dordulian Law Group to schedule a free consultation with one of our Torrance pedestrian accident team members. At Dordulian Law Group, we are led by a former Deputy District Attorney for Los Angeles County. Samuel Dordulian is a pillar of the Los Angeles legal community, known for defending all types of crime and accident victims in need. After a career spent in public service, Samuel transitioned to the field of personal injury law where he can continue to fight for victims’ rights.
Additionally, we utilize our Chief Investigator, Detective Moses Castillo – who spent 30 years in the Los Angeles Police Department’s elite Central Traffic Division – on all pedestrian accident cases. When an accident occurs, victims who choose DLG can be assured that all the evidence will be uncovered. Do not hesitate to reach out with any questions or concerns.
With a 98% success rate and more than 1000 satisfied clients, DLG has recovered over $100 million in settlements and verdicts. We fight aggressively for our clients, using our more than 20 years of experience in trial law to get maximum results for every accident victim.
Contact us today to learn more about how we can help you recover after a pedestrian accident injury by calling (310) 504-1911. Whether the injury you sustained was minor or severe, we’re here to help you recover any financial compensation that is owed. Don’t settle for anything less than the DLG advantage.
Our law firm in Torrance, CA advocates for victims of sexual assault, injury, employment disputes, and personal injury concerns.