Encino Pedestrian Accident Lawyer
You love to walk around Encino Commons on the weekend, whether you’re shopping, having dinner with your family, or just taking in the sites. Plus, it’s great people-watching. But, like the rest of Southern California, it’s always packed with traffic as cars circle the parking lot looking for available spots. Not everyone pays attention, either. Now you’re sitting at home with a full leg cast and unable to do much after getting hit by a negligent driver as you were leaving the Encino Commons lot.
Since you’re a manual laborer, you’ll have to take a substantial amount of time off until your leg heals. And because you’re a contractor, it means you won’t have any income for a while. You still have to pay rent along with your medical bills (you have a high-deductible insurance plan). Fortunately, you can seek compensation from the errant driver by filing an injury claim.
The following is an overview of pedestrian accidents, including the meaning of negligence, how it’s established, and the various types of damages (monetized losses resulting from another’s liability) you may claim. It’s always advised that you seek out a local attorney, in this case an Encino pedestrian accident lawyer at Walsh Law. Why pick Gary and Robert Walch to handle your pedestrian accident case? Because they have over 45 years of experience winning these cases and treat every case with a personal touch unlike some of the bigger law firms in Los Angeles.Liability for Your Encino Pedestrian Accident
Pedestrians are no match for a heavy chunk of steel that’s able to move at a high rate of speed, which is why motorists owe a very high “duty of care” to pedestrians. When you owe a duty of care to another party (and we all do in various contexts), you have a legal responsibility to act (or refrain from acting) in a way consistent with that of a “reasonable person.” Since the motorist failed to exercise the proper duty of care by plowing into you while you were simply walking to your car, thereby committing a breach, they may be held liable for your injuries.
Most pedestrian accidents result from motorist negligence. The elements of a negligence claim, which you’ll have to show in order to prevail in your claim, are:
- Defendant (at-fault party) owed a duty of care to the plaintiff (injured party)
- Defendant breached that duty (failed to yield to you)
- 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
While you didn’t use the available crosswalk when you made your way to the parking lot, the driver still had a duty to yield to you. After all, it was broad daylight and you were watching for traffic when you crossed. But if there were some noted factors that contributed to their negligence, perhaps distracted driving (sending a text message) or even intoxication, it could help your claim. Your Encino pedestrian accident lawyer will help you with this.Calculating Damages for Your Encino Pedestrian Injuries
The motorist’s insurance company called you the next day to offer a cash settlement but you wisely declined, since you hadn’t yet consulted with an attorney. Certain damages are fairly obvious, including the ambulance ride, emergency room care, follow-up appointments, prescribed painkillers, and unpaid time off from work. Getting around with a cast on your leg isn’t easy, either. You have to pay for bus fare and you need some help around the house until you get the hang of walking with crutches.
Also, it’s not quite clear what the long-term impact of your injury will be. You work in carpentry and need to have reliable footing when you pour concrete, carry lumber, and perform other tasks. Also, how do you value the things you enjoy doing on your time off, such as hiking and playing basketball with friends? When will you be able to walk around Encino Commons with your buddies again? Injuries often have a ripple effect on various aspects of our lives that aren’t so obvious at first.
Damages resulting from a pedestrian accident, other than medical expenses and lost wages, may include (but aren’t limited to) the following:
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
When someone else’s carelessness alters your life in a negative way, you have the right to seek compensation for your injuries. Don’t take this lightly and don’t assume it’s all temporary. And most importantly, get professional legal help. Call the legal experts at the Law Offices of Gary K. Walch, a Law Corporation today and learn more about your legal options.