Los Angeles Pedestrian Accident Lawyer
Everyone knows that L.A. is a car city. You need to get somewhere? Then you’ll have to get in your car and drive, usually along with thousands of other motorists. So when you do decide to walk, or when you’re out and about among traffic, you really have to watch where you’re going. Some of the notable danger zones for pedestrians in Los Angeles include 3rd St. in Koreatown and North Broadway in Chinatown—what they have in common is that they’re both broad (and busy) thoroughfares with plenty of foot traffic.
Since motorists are the ones that pose the danger for pedestrians, they owe pedestrians a greater duty of care to prevent accidents. This means they’re legally required to yield to all pedestrians, regardless of whether they’re in a crosswalk or have the right of way, while obeying traffic laws. But when a careless driver strikes a pedestrian, injuries can be quite severe.
Thankfully you have the right to demand monetary compensation for your injuries when a negligent driver hits you and it’s always best to work with a skilled Los Angeles pedestrian accident lawyer first. At Walch law we know how to get you the maximum financial compensation for your walking accident- get in touch with us to learn more. Worried about how much lawyers cost? Don’t be with us—we take all our cases on a contingency fee basis so you don’t pay anything until we get you paid.Liability and the Responsibility of Motorists
To “owe a duty of care” is to have a certain legal responsibility for acting in a way consistent with that of a “reasonable person” in relation to another individual's safety. This relationship differs for different scenarios. Pedestrians are owed a relatively high duty of care by motorists given how vulnerable they are to car.
When they fail to exercise this duty of care, it’s referred to as a breach (such as failing to stop for a pedestrian crossing the road). When this breach causes injuries, the injured party may file a claim to recover all associated expenses.
While there may be situations where the act is intentional, the vast majority of pedestrian accidents are chalked up to negligence (i.e., a breach of one’s duty of care). The elements of a negligence claim are:
- Defendant (at-fault party) owed a duty of care to the plaintiff (injured party)
- Defendant breached that duty (failed to stop for a pedestrian, etc.)
- 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
We use the term damages to describe the monetary claim for injuries suffered as a result of the defendant’s negligence. While intentional acts may be tried separately in criminal court, the purpose of an injury claim is to seek monetary compensation for real losses stemming from the defendant’s negligence. Damages for hospital expenses, ambulance service, medications, surgery, and lost wages quickly come to mind. But not everything is so obvious.
For example, what is the long term outlook for your injury? If it means you’ll be walking with a cane for the foreseeable future, you won’t be able to enjoy life as much as you did back when you used to walk L.A.’s neighborhoods for exercise. If it’s a head injury, you may not know whether it’s a concussion or something else with lingering effects until later. And since injuries have a way of affecting seemingly unrelated areas of your life, you want to make sure you’ve adequately assessed the true impact of the injury or injuries.
An experienced Los Angeles pedestrian accident lawyer will be able to help you determine the extent of your injuries and corresponding damages. Some of the less-obvious damages stemming from a pedestrian accident may include (but aren’t limited to) the following:
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
If you’ve been set back as a result of someone else’s careless behavior, whether it’s texting while driving or simply ignoring you in the intersection, you should know that you have rights. Exercise those rights by pursuing an injury claim which can help to not only cover the financial impact you have taken on as a result of the accident but also the emotional one. The seasoned attorneys at the Law Offices of Gary K. Walch, a Law Corporation are here to help you get your life back on track. We have over 40 years of experience helping victims of pedestrian accidents and know how to get you the most of your accident—get in touch now to learn more!