Canoga Park Pedestrian Accident
Canoga Hills isn’t exactly the most walkable community, which makes it more or less like the rest of Southern California. More often than not, you’ll need to drive to get anywhere. That makes it difficult for those who don’t have that option, but traffic can be dangerous for fellow motorists who are, for instance, walking from the parking lot or jogging alongside the road for exercise. So what should you do if you’re injured as a pedestrian? If a motorist is at fault, most often through carelessness, you’ll want to get in touch with an experienced Canoga Park pedestrian accident lawyer.
Pedestrian accidents can cause very serious injuries and even death, given how little protection humans have against the weight and sheer force of automobiles. Knowing what to do in these situations could help you avoid further problems, such as going broke from mounting medical bills. The following primer will get you up to speed on pedestrian accidents, including how fault is determined, damages for your injuries, and the importance of working with a skilled attorney. At Walch Law, we are here to help. We have been winning pedestrian accident lawsuits for over 40 years and know how to maximize your settlement. Don’t make the mistake of waiting too long or trying to handle this on your own, you only get one chance. Call Walch Law today.Canoga Park Pedestrian Accidents: Liability and Negligence
If you’re out walking and get struck by a vehicle of any size, there are no airbags or steel reinforcement bars to protect you. These injuries can be quite devastating, which is why motorists must use extra caution in areas where there’s a lot of foot traffic, and why speed limits are low in residential areas. Motorists have a high duty of care (legal responsibility to act in a reasonable manner, such as yielding to pedestrians) when they’re in areas where people are or may be walking. For instance, if you’re gunning the accelerator through a parking lot, you’re acting negligently because a reasonable person would know that pedestrians are often present in parking lots.
Negligence is the most common type of injury claim. In order to establish the other party’s liability, you’ll have to demonstrate the presence of these legal elements:
- Defendant (at-fault party) owed a duty of care to the plaintiff (injured party)
- Defendant breached that duty (failed to exercise this duty of care)
- Plaintiff’s injuries were in fact caused by this breach
- Defendant’s actions were the proximate cause of the injury, meaning the plaintiff would not have suffered their injuries if not for the breach
- Plaintiff suffered actual damages, such as bodily injury
When we use terms like “plaintiff” and “defendant,” we often envision images of courtroom drama, but very few injury claims actually go to trial and are instead settled out of court. However, your attorney will want to provide leverage for the negotiation process and will ensure that these elements are satisfied and that there is substantial evidence backing your claim. For instance, cell phone records obtained by your Canoga Hills pedestrian accident lawyer may prove that the at-fault driver was texting while driving, leading to the accident.Claiming Damages for Your Canoga Hills Pedestrian Accident
How much is your pedestrian accident case worth? The monetary value of your losses stemming from the other party’s negligence is referred to as damages. So, you may claim damages for things like medical bills and lost wages from missing out on work due to the injury. Keep in mind, however, that not all injuries are obvious at first. For example, you may suffer a concussion but your doctor may not realize it at first because you didn’t complain of common concussion symptoms until later. Also, the prognosis for your recovery and future situation may change with time. For those reasons, make sure you don’t accept an early settlement offer before you’ve had a chance to meet with your attorney.
When calculating damages, you want to take into account that even a seemingly minor injury can have ripple effects on other, seemingly unrelated areas of your life. Perhaps you’re experiencing severe pain and suffering or worried about the effect of a disfiguring scar on your outward appearance or sense of confidence. In any event, your attorney will be able to point out some damages that you may not have considered as part of your claim. Some of these less-obvious damages may include (but aren’t limited to) the following:
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Pedestrian accidents have the potential to upend your life in just a split-second, turning a peaceful walk along the road into a painful ordeal. If a negligent motorist is at fault for your injuries, you have the right to seek monetary compensation. The experts at the Law Offices of Gary K. Walch, a Law Corporation can help you get the full value of your injury claim and help you put your life back together. Don’t think you can afford us? You can- we take all our cases on a contingency fee basis meaning you don’t pay us anything until we get you paid.