Hit by a Car in Los Angeles? A Pedestrian Accident Lawyer Can Help

Imagine you’re strolling down a sunny Los Angeles street, enjoying the vibrant city life. Suddenly, a vehicle strikes you, leaving you injured and disoriented. Unfortunately, this scenario is a reality for many pedestrians in Los Angeles. In 2023, pedestrian fatalities accounted for 53.3% of all traffic fatalities in Los Angeles, highlighting the dangers pedestrians face daily. If you or a loved one has been hit by a car in Los Angeles, understanding your rights and seeking legal assistance is crucial. A pedestrian accident lawyer can help you navigate the complex legal landscape and fight for the compensation you deserve.

Why Pedestrian Accidents Happen in Los Angeles

Los Angeles, with its bustling streets and heavy traffic, presents numerous risks for pedestrians. Several factors contribute to pedestrian accidents:

Driver Negligence: This is the most common cause, encompassing distracted driving (texting, talking on the phone), speeding, failure to yield the right-of-way, driving under the influence, and general carelessness behind the wheel.
High Traffic Density: More vehicles on the road increase the likelihood of accidents, especially in urban areas.
Poor Visibility: Nighttime, bad weather, and inadequate lighting can make it difficult for drivers to see pedestrians.
Unsafe Infrastructure: Lack of crosswalks, poorly designed intersections, and insufficient pedestrian signals contribute to dangerous conditions.

California Pedestrian Laws: What You Need to Know

California law strongly protects pedestrians, granting them the right-of-way in many situations. Understanding these laws is essential if you’ve been involved in an accident:

Crosswalks: Drivers must yield to pedestrians in both marked and unmarked crosswalks. California Vehicle Code (CVC) Section 21950 gives pedestrians the right-of-way at intersections, requiring drivers to slow down and exercise caution.
Sidewalks: Pedestrians have the right-of-way on sidewalks. Drivers crossing a sidewalk to enter a driveway or parking lot must yield to pedestrians.
General Duty of Care: Even outside of crosswalks, drivers must exercise reasonable care to avoid hitting pedestrians. CVC 21954 indicates that pedestrians within a marked or unmarked crosswalk are required to yield to vehicles.

However, pedestrians also have responsibilities:

Obey Traffic Signals: Pedestrians must obey “Walk” and “Don’t Walk” signals.
Use Crosswalks When Available: Pedestrians should use crosswalks whenever possible.
Exercise Due Care: Pedestrians must be cautious and not suddenly enter the path of a vehicle.

Common Injuries in Pedestrian Accidents

Being hit by a car can result in severe, life-altering injuries. Some of the most common include:

Traumatic Brain Injuries (TBIs): These can range from concussions to severe cognitive impairments.
Spinal Cord Injuries: These can lead to paralysis or permanent disability.
Broken Bones and Fractures: Legs, arms, ribs, and hips are particularly vulnerable.
Internal Injuries: Damage to organs like the liver, spleen, or lungs can be life-threatening.
Soft Tissue Injuries: Sprains, strains, and contusions can cause significant pain and mobility issues.
Lacerations and Abrasions: These can result in scarring and infections.

What to Do If You’ve Been Hit by a Car

If you’ve been hit by a car in Los Angeles, follow these steps:

Seek Medical Attention: Your health is the top priority. Call 911 or go to the nearest hospital immediately, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent.
Report the Accident: Call the police and file a report. This is crucial for documenting the incident and establishing a record of what happened.
Gather Information: If possible, collect the driver’s name, insurance information, and license plate number. Also, get contact information from any witnesses.
Document the Scene: Take photos or videos of the accident scene, including the vehicle, your injuries, and any relevant traffic signals or signs.
Do Not Admit Fault: Avoid saying anything that could be interpreted as admitting fault for the accident.
Contact a Pedestrian Accident Lawyer: An attorney can protect your rights and guide you through the legal process.

How a Pedestrian Accident Lawyer Can Help

A pedestrian accident lawyer can provide invaluable assistance in pursuing your claim:

Investigate the Accident: They will gather evidence, review police reports, and interview witnesses to determine liability.
Negotiate with Insurance Companies: Insurance companies often try to minimize payouts. A lawyer will fight for a fair settlement on your behalf.
File a Lawsuit: If a fair settlement cannot be reached, a lawyer can file a lawsuit and represent you in court.
Determine the Value of Your Claim: A lawyer can help you assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future care costs.
Navigate Legal Complexities: Pedestrian accident cases can be complex, involving issues of negligence, comparative fault, and insurance coverage. A lawyer can guide you through these complexities.

Understanding Negligence and Liability

In a pedestrian accident case, establishing negligence is crucial. To prove negligence, you must show that the driver:

Owed you a duty of care: All drivers have a duty to operate their vehicles safely and obey traffic laws.
Breached that duty: The driver failed to exercise reasonable care, such as by speeding or driving distracted.
Their breach caused your injuries: The driver’s negligence directly led to the accident and your injuries.
You suffered damages: You incurred medical expenses, lost wages, pain and suffering, or other losses as a result of your injuries.

California operates under a “comparative negligence” rule. This means that even if you were partially at fault for the accident, you can still recover compensation, although your award will be reduced by your percentage of fault.

Compensation You May Be Entitled To

If you’ve been injured in a pedestrian accident, you may be entitled to compensation for:

Medical Expenses: Past and future medical bills, including hospital stays, doctor visits, physical therapy, and medication.
Lost Wages: Compensation for lost income due to your injuries, including past and future earnings.
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you’ve experienced.
Property Damage: Reimbursement for any damaged personal property, such as a phone or glasses.
Punitive Damages: In cases of egregious negligence, you may be awarded punitive damages to punish the driver and deter similar conduct in the future.

Statute of Limitations

In California, the statute of limitations for personal injury claims is generally two years from the date of the accident. This means you must file a lawsuit within two years, or you may lose your right to recover compensation. It’s crucial to contact a lawyer as soon as possible to ensure your claim is filed on time.

Finding the Right Pedestrian Accident Lawyer in Los Angeles

Choosing the right attorney is essential for a successful outcome. Look for a lawyer who:

Has experience handling pedestrian accident cases: They should have a proven track record of success in similar cases.
Is knowledgeable about California pedestrian laws: They should be familiar with the relevant statutes and legal precedents.
Is compassionate and understanding: They should listen to your concerns and provide personalized attention.
Is a skilled negotiator and litigator: They should be able to effectively negotiate with insurance companies and represent you in court if necessary.
Offers a free consultation: Most personal injury lawyers offer a free initial consultation to discuss your case.

Don’t Wait, Take Action Today

Being hit by a car can have devastating consequences. If you or a loved one has been injured in a pedestrian accident in Los Angeles, don’t wait to seek legal help. A pedestrian accident lawyer can protect your rights, guide you through the legal process, and fight for the compensation you deserve. Contact a qualified attorney today to discuss your case and explore your options.