Los Angeles Pedestrian Accident Lawyer

As in many major cities, walking in Los Angeles can be dangerous, especially at night on streets such as Hollywood Boulevard. Pedestrian accidents happen more frequently than most people realize; when they happen to you or someone you love, the shock can be overwhelming. A Los Angeles pedestrian accident lawyer from Heimanson & Wolf, LLP, can pursue compensation for clients who suffer such an accident.

No legal claim can reverse the trauma of a serious injury or bring back a loved one lost in a pedestrian crash. However, a personal injury or wrongful death claim can ease the financial burden caused by medical bills, lost income, or funeral expenses.

Los Angeles Pedestrian Accidents

In 2023, California recorded more than 1,000 pedestrian fatalities, the highest of any state, according to the latest data. While the state saw a 12.5% decrease in pedestrian deaths from 2022 to 2023, the numbers remain troubling.

Regardless of statistics, the aftermath of a pedestrian being seriously injured or killed by a vehicle is life-altering for everyone involved. When a pedestrian is struck and seriously injured or, worse, killed, the impact on their loved ones is immediate and life-altering.

In California, pedestrians generally have the right of way, meaning drivers are often at fault in these accidents. With the help of an experienced pedestrian accident lawyer, victims or their families can pursue rightful compensation through a negotiated settlement with the at-fault driver’s insurance company.

In other cases, the pedestrian might be at fault or partially at fault for the accident. In either of these cases, the smartest thing to do is consult with an attorney who can offer legal advice on how to approach the case in the complex Los Angeles courts and explain comparative negligence laws as they pertain to the pedestrian’s or (driver’s) case.

At Heimanson & Wolf, LLP, Attorneys at Law, we have a proven track record of success with Los Angeles personal injury claims. We also have a highly respected reputation among past clients who cite our compassion and attention to detail as a few of our most revered traits. With a focus on recovering the losses incurred by personal injury to our clients and their families, the attorneys at Heimanson & Wolf, LLP, Attorneys at Law, are highly sought after in Los Angeles, CA.

Los Angeles Pedestrian Laws

Contrary to what most pedestrians and drivers believe, the pedestrian doesn’t legally always have the right-of-way. Pedestrians as much as drivers have a responsibility to each other. Drivers should obviously pay close attention to crosswalks and pedestrians, taking extra measures to ensure they do not hit a pedestrian, but pedestrians must also practice safety when crossing the street and always use crosswalks and intersection signals with caution.

California Vehicle Code §21950 makes it illegal for a driver to fail to yield to a pedestrian in a marked or unmarked crosswalk. However, pedestrians must avoid unpredictable behavior, which can force vehicles to stop abruptly. A driver who is cited for CVC 21950 has a defense if the pedestrian was being unpredictable or crossing against a signal. Many drivers who receive a ticket will retain an attorney to fight the charge.

The base fine for a CVC 21950 violation is $238, but the cost after fees and penalties can be much higher. A conviction also adds one point to a driver’s DMV record, which can raise their insurance rates.

Determining Liability in Los Angeles Pedestrian Accidents

If both the pedestrian and the driver are responsible for safety when roads and crosswalks overlap, the question remains as to who is liable in a pedestrian accident. The answer might be surprising in that it is usually both the pedestrian and the driver. These cases fall under California’s comparative negligence law. This law states that more than one party involved in an accident can be held responsible for the accident. Both the driver and the pedestrian can be held liable and deemed at fault. Thus, they share responsibility for the accident in terms of the percentage of their role in causing the accident. This means damages are reduced by the percentage at which the claimant is at fault.

For example, if a pedestrian was hit by a vehicle and was found by a jury to be 10% liable for the accident, the damages the pedestrian can recover are reduced by 10%.

Common Causes of Pedestrian Accidents in Los Angeles

There are many reasons for the prevalence of pedestrian accidents in Los Angeles, which usually occur due to a combination of factors. Speeding, distracted driving, not yielding at crosswalks, and running red lights are some of the most common causes of pedestrian accidents.

Drivers tend to overlook pedestrians when making turns or navigating intersections in busy areas. Insufficient street lighting and poorly marked crosswalks increase the risk in dark, nighttime conditions. Even if a pedestrian is following the law and waiting for traffic lights, they can be hit by an inattentive driver. It is important to be aware of these common factors when developing a strong case in a personal injury or wrongful death claim.

Steps to Take After a Pedestrian Accident

If you or a loved one has been injured in a pedestrian accident, it is important to act quickly. Get medical attention, even if you believe your injuries are minor. Some injuries may not show symptoms immediately and can get worse over time. Report the accident to the police, and request a copy of the accident report.

If possible, obtain contact information from witnesses and photograph the scene, including crosswalks, traffic signals, and visible injuries. Do not speak with insurance adjusters until you have consulted an attorney. A seasoned pedestrian accident attorney can guard your rights, represent you through court procedures, and secure your deserved compensation.

FAQs About Los Angeles, CA Pedestrian Accident Law

What Should I Do Immediately After a Pedestrian Accident in Los Angeles?

If you have been hit by a car as a pedestrian, call 911 and request police and medical help immediately. Some injuries may not become noticeable until several hours after the incident. Get the other driver’s information, take pictures of the accident, and talk to witnesses. Then, contact a Los Angeles pedestrian accident lawyer to protect your rights. They can start the process of getting compensation for your injuries, medical bills, and lost wages.

Can I Still Recover Compensation If I Was Partially at Fault?

Yes. California is a pure comparative fault state, which means you may still recover damages, even if you were partially at fault. Your recovery will be reduced by the percentage of your fault. For example, if you were 10% at fault, you could still recover 90% of your damages. An experienced Los Angeles pedestrian accident lawyer can reduce your liability and increase your recovery.

What Types of Compensation Can I Recover After a Pedestrian Accident?

A Los Angeles pedestrian accident victim can recover compensation for:

• Medical bills
• Lost wages
• Future medical care
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Long-term disability
• Disfigurement
• Loss of consortium

A qualified lawyer can review your case and seek the maximum compensation that California state law allows.

Do I Need a Lawyer for a Pedestrian Accident Claim?

While you are not required to have a lawyer for a pedestrian accident case, it is a good idea to retain one. Insurance companies may try to pay you as little as possible, or they might deny your claim altogether. An experienced Los Angeles pedestrian accident lawyer can manage negotiations, gather evidence, communicate with the insurance company, and even take your case to court if necessary.

How Long Do I Have to File a Pedestrian Accident Claim in California?

In California, you have two years from the date of the accident to file a personal injury claim. If you were involved in an accident with a government entity (i.e., a city-owned bus), you have six months to file a government claim. If you miss the deadlines, you may not be allowed to recover. An experienced Los Angeles pedestrian accident lawyer can prevent you from missing deadlines.

Seeking Legal Advice For Your Pedestrian Accident In Los Angeles, CA

If you or someone you love was hit by a car while walking in Los Angeles, don’t wait to seek legal help. Pedestrian accidents often result in serious injuries or the tragic loss of life, and you may be entitled to significant compensation for medical costs, lost income, and emotional suffering.