Los Angeles Pedestrian Accidents: What to Do After a Pedestrian Accident

The bustling streets of Los Angeles, while vibrant and full of life, also present significant dangers to pedestrians. Sharing the road with cars, trucks, and buses can be risky, and pedestrian accidents often result in severe injuries or fatalities. In 2024, Los Angeles recorded 302 traffic fatalities, with 170 of those being pedestrians. This underscores the importance of knowing what to do if you or a loved one is involved in a pedestrian accident.

Understanding Pedestrian Accidents in Los Angeles

Los Angeles consistently ranks high among U.S. cities for pedestrian fatalities. Pedestrians account for approximately one-third of all traffic fatalities in Los Angeles, a stark increase from previous decades. Several factors contribute to this alarming trend:

Distracted Driving: Drivers who are texting, talking on the phone, eating, or otherwise distracted are less likely to notice pedestrians.
Speeding: Speeding reduces a driver’s reaction time and significantly increases the severity of pedestrian accidents.
Failure to Yield: Drivers often fail to yield the right-of-way to pedestrians at crosswalks and intersections.
Driving Under the Influence: Alcohol or drugs severely impair a driver’s judgment and coordination.
Poor Visibility: Accidents are more likely to occur at night or in poorly lit areas.
Unsafe Road Conditions: Poorly maintained roads, inadequate crosswalks, and missing sidewalks create hazardous conditions.
Insufficient Pedestrian Infrastructure: City planning often prioritizes cars over pedestrians, leading to poorly marked crosswalks and inadequate sidewalks.
Aggressive or Impatient Driving: Traffic congestion can lead to frustrated drivers who run red lights or rush pedestrians.

Immediate Steps to Take After a Pedestrian Accident

If you are involved in a pedestrian accident, your actions immediately following the incident are crucial for your health and any potential legal claims. Here’s what you should do:

Seek Medical Attention Immediately: Your health is the top priority. Call 911 for immediate medical help. Even if you feel fine, some injuries may not show symptoms right away. Documenting your injuries through a medical professional is essential, as it provides evidence for your personal injury claim.
Call the Police and Report the Accident: In California, you should always report a pedestrian accident to law enforcement. The police will assess the scene, take statements, and file an official accident report. Request a copy of this report for your records.
Collect Evidence at the Scene: If you’re able to, gather as much information as possible. Take photos of your injuries, the vehicle that hit you, and any relevant surroundings like crosswalks, traffic signs, and road conditions. Get the driver’s contact information, insurance details, and vehicle information. Also, try to speak to any witnesses and collect their contact information.
Avoid Discussing Fault: After an accident, you may feel disoriented and emotional, but avoid discussing fault or apologizing. Any statements you make at the scene could be used against you later. Stick to the facts when speaking with the driver and police, and let your attorney handle discussions about liability.
Notify Your Insurance Company: Inform your insurance company about the accident, but avoid providing detailed statements until you have consulted with an attorney.
Follow Through with Medical Treatment: Attend all follow-up appointments and adhere to your doctor’s recommendations. This will not only aid in your recovery but also create a clear record of your medical treatment.

The Importance of Legal Representation

After addressing your immediate medical needs, consulting with a personal injury attorney is crucial. A pedestrian accident lawyer can protect your rights and help you navigate the complex legal process. Here’s how an attorney can assist you:

Investigating the Accident: An attorney will conduct a thorough investigation to determine the cause of the accident and identify all liable parties. This may involve reviewing police reports, interviewing witnesses, and gathering evidence.
Dealing with Insurance Companies: Insurance companies often try to minimize payouts or deny claims altogether. An attorney can negotiate with the insurance company on your behalf and protect you from unfair practices.
Determining Liability: California is a fault-based car accident state, meaning the injured party can seek financial recovery from the at-fault party. A lawyer can help build a strong case against the driver or other responsible parties.
Calculating Damages: An attorney can help you calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and property damage.
Filing a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit on your behalf and represent you in court.

Understanding California Pedestrian Laws

California law prioritizes pedestrian safety, granting them the right-of-way in many situations. According to California Vehicle Code (CVC) 21950, drivers must yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk. However, pedestrians also have a responsibility to exercise caution and obey traffic signals.

Crosswalks: Pedestrians have the right-of-way in both marked and unmarked crosswalks. Drivers must slow down or stop to allow pedestrians to cross safely.
Sidewalks: Pedestrians have the right-of-way on sidewalks. Drivers must yield to pedestrians when crossing a sidewalk to enter or exit a driveway or parking lot.
Traffic Signals: At intersections with traffic control devices, pedestrians must obey walk and don’t walk signals.
Crossing Outside Crosswalks: Pedestrians should not cross the street outside of a crosswalk if there is traffic present. If there is no traffic, pedestrians can cross without a crosswalk if it’s reasonably safe.

Compensation for Pedestrian Accident Victims

If you have been injured in a pedestrian accident due to someone else’s negligence, you may be entitled to compensation for your losses. Damages in pedestrian accident cases can include:

Medical Expenses: Compensation for past and future medical treatment, including hospital bills, surgeries, rehabilitation, and prescription medications.
Lost Income: Reimbursement for wages lost due to time taken off work for recovery, as well as compensation for diminished earning capacity if the injuries result in long-term disability.
Pain and Suffering: Damages for physical pain, emotional distress, and psychological trauma.
Property Damage: Compensation for damaged personal property, such as clothing, electronics, or other belongings.
Wrongful Death: In cases where a pedestrian accident results in a fatality, surviving family members can pursue a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and emotional suffering.

Statute of Limitations

In California, the statute of limitations for filing a personal injury claim, including those involving pedestrian accidents, is generally two years from the date of the injury. However, there are exceptions to this rule:

Claims Against Government Entities: If the accident involved a government entity, such as a city bus, you must file a claim within six months of the accident.
Minors: If the injured person is a minor, the statute of limitations may be extended, allowing them to file a claim within two years of their 18th birthday.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents can help you stay safe and avoid potential collisions. Some of the most frequent causes include:

Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted are less likely to see pedestrians.
Speeding: Speeding reduces a driver’s reaction time and increases the severity of accidents.
Drunk Driving: Driving under the influence impairs a driver’s judgment and coordination.
Failure to Yield: Drivers who fail to yield the right-of-way to pedestrians at crosswalks or intersections are a major cause of accidents.
Poor Visibility: Accidents are more likely to occur at night or in poorly lit areas.
Unsafe Turns: Drivers making left turns often fail to yield to pedestrians.
Backing Up: Drivers backing out of parking spaces or driveways may not see pedestrians.

Seeking Justice and Fair Compensation

If you or a loved one has been injured in a pedestrian accident in Los Angeles, it is essential to understand your rights and take the necessary steps to protect your future. By seeking immediate medical attention, gathering evidence, and consulting with an experienced pedestrian accident attorney, you can pursue the compensation you deserve and hold negligent parties accountable.