Pedestrian accidents can happen due to a variety of reasons, but all of them can be avoided. Regardless of whether the car has run a red light, stopped at a pedestrian crossing, wrote a text message while driving, or simply ignored the road, he or she could be held liable for pedestrian injury. Injuries resulting from road traffic accidents involving pedestrians are often debilitating and sometimes fatal due to the impact that a moving vehicle can have on a person.
Los Angeles is notorious for pedestrian traffic accidents and has the highest number of pedestrian deaths in the United States. The High Traumatic Injury Network accounts for about 65 percent of all serious fatal road traffic crashes involving pedestrians on just 6% of city highways.
However, when it comes to heavier vehicles, injuries can be serious or even fatal. If you or a loved one has recently been involved in a pedestrian accident, our Los Angeles lawyer can help you obtain fair compensation. We know what it takes to recover from these fateful incidents financially. Contact us for a free consultation with a Los Angeles, Pedestrian injury lawyer at Amerberg Law Group.
Causes of Pedestrian Accidents
Although careless drivers are responsible for the majority of pedestrian accidents, this is not always the case. A pedestrian might be hurt in a variety of ways when they are knocked down.
Pedestrian knockdowns can be caused by a number of factors, which are listed below:
California Pedestrian rights
If you are walking in Los Angeles, you should be aware of your pedestrian rights. In California, every driver has a responsibility to look after you. This means that they must drive safely and watch for your safety as well. In addition, there are some California laws that protect pedestrian rights. Below are some of the most important pedestrian rights:
When you are at a pedestrian crossing, you have the priority right of way. Pedestrians in California have the preemptive right of way at pedestrian crossings (section 21950 (a) of the vehicle regulations). There are some exceptions, and pedestrians should still be vigilant about their own safety, but drivers should exercise extreme caution when approaching marked crosswalks.
The right to using sidewalks: Pedestrians have the legal right to use the sidewalk in its entirety and without restriction. Pedestrians should always be given the right of way whenever a vehicle crosses the sidewalk. There are no exceptions to this rule.
The right not to be hurt or endangered by a reckless driver: Pedestrians are required to operate safely, but they also have the right to be free of dangerous drivers. If a driver hits a pedestrian while driving dangerous, whether due to speeding, distraction, or any other negligence, the pedestrian's rights have been violated. They must be held accountable for their actions.
Pedestrian Accident Claims: Proof of Negligence
Most pedestrian accident claims are based on negligence. If someone acts inadvertently, and this results in a collision with a pedestrian, that person is responsible for any injury or damage. On the other hand, the injured victim bears the burden of proving his case against the perpetrator.
In the case of personal injury, the standard of proof is sufficient evidence that the defendant most likely caused the accident by negligence. There are four main points to consider when reporting a pedestrian accident:
Duty of care. The defendant was obliged to the plaintiff to exercise caution, which is a legal requirement to act in a reasonable and responsible manner.
There was a violation of the duty to exercise caution. Due to negligence or omission, the defendant has breached its duty of concern.
The cause of the accident. The primary cause of the pedestrian traffic accident was the defendant's violation of his duties.
The defendant would be held liable for the injuries to the plaintiff if a reasonable person would have acted otherwise to avoid a pedestrian accident.
Damages incurred. As a result of the collision, the pedestrian suffered compensable damages, including personal injury or loss of wages.
A police report, eyewitness accounts, photographs, videos, medical records and expert testimony may be required to prove negligence in a pedestrian accident claim. After a traffic accident in Los Angeles, a professional Los Angeles-based traffic accident attorney at Amerberg Law Group will help you gather evidence.
Why should you hire the Amerberg Legal Team to handle your accident case?
Consult a Los Angeles Pedestrian Accident Lawyer Today
After a major pedestrian accident in Los Angeles, do not hesitate to contact a lawyer. Get in touch with our lawyers as soon as possible, so you don't miss an important date such as the California Personal Injury Statute. We are available to answer calls from potential customers 24 hours a day, seven days a week. To arrange a free initial consultation, don't hesitate to get in touch with us.