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A Knowledgeable Los Angeles Pedestrian Accident Attorney Will Work Hard to Secure the Just Compensation You Deserve. 

Approximately 100,000 pedestrians are killed or injured by a negligent driver in the United States each year, and these accidents often irrevocably alter a person’s life. A pedestrian is any person walking or crossing streets, sidewalks or crosswalks. Drivers are instructed to exercise extreme caution around pedestrians, particularly in areas with heavy foot traffic. A driver who strikes a pedestrian as they are walking or crossing the street may, in some cases, be deemed negligent and held liable--especially if the driver were intoxicated or texting and driving. If you or a loved one has been involved in a pedestrian accident, it’s imperative to seek medical treatment immediately and consult an experienced Los Angeles pedestrian accident attorney. Your attorney will help you navigate any legal claims resulting from the accident.

Fact & Statistics Applicable to Los Angeles Pedestrian Accidents

According to the Centers for Disease Control (CDC), the following are true statements about pedestrian accidents in the United States:

  • In 2017, 5,977 pedestrians were killed in motor vehicle crashes, which is 1 death every 88 minutes
  • In 2017, approximately 137,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries
  • Per trip, pedestrians are 1.5 times more likely to be killed in a car crash than motor vehicle passengers
  • 47% of crashes that resulted in a pedestrian fatality involved alcohol consumption by either the pedestrian or driver of the motor vehicle 
  • 20% of children under the age of 15 killed in car crashes in 2017 were pedestrians
  • 20% of all pedestrians that died in a traffic crash in 2017 were aged 65 or older 
  • 10% of all pedestrian injuries in traffic crashes in 2017 were sustained by persons aged 65 or older

What to Do After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, it’s critical to seek medical attention immediately. A paramedic team should be called to the scene to avoid any unnecessary movement that may make your injuries worse. If you don’t need to visit the emergency room, you should at least schedule a visit with your primary care physician or visit Urgent Care to ensure that you don’t have any latent injuries like a concussion. It’s also crucial to call law enforcement who can assess the damage on the scene while speaking with anyone who witnessed the crash. Taking these steps will ensure that the facts of the accident are properly recorded so accident victims can easily recover for their losses. 

How Your Los Angeles Pedestrian Accident Attorney Will Work to Prove Fault

A number of safety measures and traffic laws are designed to protect pedestrians from motorists. Unfortunately, negligent drivers can sometimes fail to obey these crucial regulations, resulting in life-changing accidents. While pedestrians are instructed to be mindful when walking or crossing busy thoroughfares, a driver who fails to pay attention may not see the pedestrian until it’s too late to avoid an accident. 

It is important to note that fault is assessed by determining the facts around the accident. Such a determination will rely on key witness testimony and additional evidence signaling how and why the accident occurred. A Los Angeles pedestrian accident attorney can assist you in gathering evidence and building your case.

California Laws Applicable to Pedestrian Accidents

There are statutes that apply to the interaction of pedestrians and motor vehicle drivers, including those addressed below. For further explanation of these statutes, please speak with a skilled Los Angeles pedestrian accident attorney.

  • California Vehicle Code §21954(a) states that “every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” This means that a pedestrian must yield the right-of-way in areas, not in a crosswalk. However, it must be read in conjunction with part (b).
  • California Vehicle Code §21954(b) states, in pertinent part, that “the provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.” In other words, even if a pedestrian is crossing a roadway in violation of the law, a motor vehicle driver is not allowed to hit the pedestrian if they can avoid doing so. Further explanation of this statute and whether it is applicable to a particular case can be addressed by a Los Angeles pedestrian accident attorney.
  • California Vehicle Code §21950 states that a “driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” This statute clearly gives pedestrians the right-of-way at crosswalks.

Damages in California Pedestrian Accidents

Pedestrian accidents often result in physical and emotional trauma, staggering medical bills and lost wages. The severity of injuries can range from minor cuts, bruises or broken bones to serious medical issues that could impact the rest of your life. Victims of pedestrian accidents are entitled to seek damages to cover the costs incurred. Some potential claims include:

  • Lost wages and income
  • Loss of future earnings
  • Pain and suffering
  • Past and future medical bills
  • Future medical and rehabilitation expenses
  • Emotional distress
  • Wrongful death

Our Los Angeles Pedestrian Accident Attorney Shares Ways to Avoid a Pedestrian Accident  

Some precautions can be taken by pedestrians and motor vehicle drivers to help prevent pedestrian accidents. Our experienced Los Angeles pedestrian accident attorney states that pedestrians should:

  • Walk on sidewalks whenever possible.
  • Stay alert and not be distracted by electronics.
  • Peek around parked vehicles before stepping out past them. 
  • Look both ways and over your shoulder when entering the street at a marked or unmarked crosswalk
  • Cross at crosswalks and intersections when possible. If a pedestrian cannot cross at a crosswalk or intersection, they should look for a significant gap in traffic to maximize the amount of time they have to cross.
  • Pedestrians should not assume a motor vehicle driver sees them, or if they do see them, that they will stop. Only start crossing after all vehicles have stopped.
  • Make eye contact with a driver before stepping front of a vehicle.
  • Never step behind a vehicle that is in reverse and the tail lights are illuminated. 
  • If walking with children, always hold their hands while crossing the street. 
  • Avoid all distractions and do not use your cell phone while crossing the street. 
  • Continue to look for cars while crossing the street.
  • Wear bright colors and reflective clothing. When walking at night, a pedestrian should carry a flashlight. 

Motor vehicle drivers should take the following precautions:

  • Go slowly in areas that frequently have pedestrians, including school zones and around school buses.
  • Be extra cautious during inclement weather and at night.
  • Do not quickly drive around a car that stops in front of them.
  • Be very watchful when driving in reverse, especially in parking lots and driveways.
  • Yield to pedestrians whenever possible. 
  • Obey traffic signals and do not drive over the posted speed limit. 
  • Always double check for pedestrians. After making sure it is safe to turn because no vehicles are approaching, check both ways a second time.

Work With a Los Angeles Pedestrian Accident Attorney to Recover Compensation

An experienced pedestrian accident lawyer in Los Angeles can help recover compensation for any harm you’ve experienced after an accident. If you’ve been involved in an accident, reach out to an attorney to begin the process. A quick and efficient resolution will depend on having the right team in place. Reach out to us on our contact page or by calling toll free 1-800-789-8840.

© 2020 Banafshe Law Firm, PC.