Calabasas Pedestrian Accidents
The Commons at Calabasas is a great place to catch a movie, get a drink with friends, go shopping, or simply relax by the pond and gaze at the whimsical statues. But even though it’s relatively pedestrian-friendly, accidents can happen anywhere. You realize this now, but not while you were strolling back to the parking lot and looking down at your phone instead of paying attention to traffic. Unfortunately, someone in a convertible was too busy lowering their roof to notice you and struck you. It could have been much, much worse; but now you have a broken bone and torn ligaments in your knee.
The driver immediately ran over to check on you, called for medical attention, and provided you with her insurance and driver’s license information before the police came and filled out a report. She didn’t mean to cause you harm, but her negligence has caused you great pain and has resulted in substantial medical expenses. It’s in your best interests to contact an experienced Calabasas pedestrian accident lawyer and get the compensation you deserve.Common Types of Pedestrian Accidents
Pedestrian accidents typically involve automobiles hitting someone on foot, especially in car-choked Southern California. And given the vulnerability of pedestrians compared to automobiles (with an average weight of 4,000 pounds), especially when they’re moving fast, injuries can be quite severe or even fatal. This is why motorists are required to yield to pedestrians at all times, not just when they have a clear right-of-way (walk signals, crosswalks, etc.).
More specifically, pedestrians are susceptible to accidents involving automobiles in the following locations and situations (not a complete list):
- Parking lots and parking garages;
- Cross walks;
- Failure to stop at a red light or stop sign; and
- Texting while driving (or distracted driving in general).
Other types of pedestrian accidents that don’t involve automobiles include falling debris or other hazards at construction sites or dangerous walkway conditions that result in slips and falls. If another party’s negligence or intentional act is to blame for your accident (and resulting injury), it’s a good idea to contact a Calabasas pedestrian accident lawyer right away.Damages for Pedestrian Accidents
The term “damages” pertains to your claims for monetary compensation, which may include tangible things such as medical expenses, lost income, in-home care, or diminished earning capacity. Depending on your case, you also might claim damages for less-tangible things such as pain and suffering, emotional injury, or loss of consortium (companionship, intimacy, etc.).
Each case is unique and your Calabasas pedestrian accident lawyer will help you calculate your damages and the total impact getting hit by a car has had on your life today and moving forward. Skilled attorneys often are able to identify damages that you may not have even considered, which is why you never want to settle your claim with the other party’s insurance company right away (they often seek quick, low-ball settlements). For instance, a pedestrian who hits their head on the pavement after an accident may not have considered the possibility of a concussion until symptoms begin to manifest later. The highly experienced team of attorneys at Walch Law know all the arguments to make and damages to seek to make sure that you are getting the MOST. What’s even better is they take all their cases on a contingency fee basis meaning you don’t pay a penny until they get you paid.Comparative Negligence
Also, while it’s less common for pedestrian accidents, there’s a possibility that you may have contributed to the accident. If you were hit by a car after staggering home drunk along the road, at times stepping into the roadway (and perhaps wearing dark clothing), then the court may determine that you were partially to blame.
This is referred to as the doctrine of pure comparative negligence, which California recognizes, making each party responsible for their own contribution to the incident that caused injury. This also applies to situations where there are multiple defendants. So, if a faulty traffic signal and a distracted driver are each 50 percent liable for a pedestrian accident, they’ll split the payment of damages.
In the opening example, the pedestrian may be held partially responsible for their injuries if it can be proven that they wandered into the parking lot while looking down at their phone the entire time. However, motorists owe a greater duty of care to pedestrians for the reasons discussed earlier. Do not be discouraged if you played a role in your accident- we will work to minimize your % fault and maximize the other parties!Were You Hit and Injured? Call a Calabasas Pedestrian Accident Lawyer Today
Whether you were hit by a car in the parking lot of the Commons at Calabasas or struck while making your way to the infamous Calabasas Hidden Stairs along the 101, you have the right to seek compensation for your injuries. Don’t delay, since there’s a limited time in which to file your claim. Contact the Law Offices of Gary K. Walch, A Law Corporation today and get your life back on track.