Van Nuys Pedestrian Accident Lawyer
You should be able to walk through your own neighborhood safely, especially in broad daylight. But you learned the hard way a few days ago while walking to the local taqueria for a late lunch and now you’re on crutches and in a world of pain. You’re just thankful you’re still alive. You were walking along the side of the road where a section of sidewalk was being repaved, when a Camaro blasting heavy metal skidding out behind you. The driver gunned it for a few seconds and then slammed on the brakes as soon as he saw you.
But it was too late. Just as you attempted to lurch out of the way, the car’s right fender crashed into your left leg, shattering the bone. You had to get a steel bar inserted into your leg to stabilize it while the bone heals. You’ll also need several months of physical therapy just to walk again. All of this just because you wanted some tacos.
One of your first calls, after getting emergency care, should be to a winning Van Nuys pedestrian accident lawyer at Walch Law. We work hard not only to get you the most money following your accident but also to get you paid as quickly as possible. There are never unnecessary delays on our end and we are always available to update you on your case status—call us to learn more about why we are the team you want to hire for your pedestrian accident.Liability for Your Encino Pedestrian Accident
The force and toughness of automobiles can do a lot of damage to human flesh, especially when traveling at high speeds. You realize you could have been killed by this reckless driver, so you count your lucky stars. The driver owed you a duty of care, meaning he had a legal responsibility to act in a reasonable manner. Flooring the accelerator when driving down a residential street is not reasonable by any stretch of the imagination. By breaching this duty, he may be considered liable for your injuries.
The legal theory of negligence is the most common with regard to pedestrian accidents and motor vehicle accidents in general. 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 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
Even if the driver claims you should have been on the sidewalk (although you were walking along a stretch of road where none was available), he still had a duty to yield to any pedestrians in the road. He also had a duty to drive the speed limit, which probably would have prevented the accident to begin with. Your Van Nuys pedestrian accident lawyer can help you establish the defendant’s liability in a way that gives your claim the proper leverage.Damages for Your Van Nuys Pedestrian Accident
The term damages refers to the monetary claims you make in relation to the injuries caused by the at-fault party’s negligence (or, in some cases, intentional act or strict liability). So you’ll probably claim damages for the ambulance ride, emergency medical care, follow-up care with the medical specialist who cared for your leg, and medications. You also need to pay for physical therapy, only part of which is covered by your insurance. In addition, you had to miss some work. When you don’t work, you don’t get paid.
But if you don’t talk to a lawyer, you may fully comprehend the extent of your injuries. They often have a ripple effect that impacts many other aspects of your life. For instance, how will this injury impact the quality of your life? Will it leave a nasty visible scar on your leg? And will you be too fearful to walk through your own neighborhood in the future? Meanwhile, there’s no guarantee that your leg will heal up without complications.
Some damages, such as medical expenses and lost wages, are pretty clear. However, some of the 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)
No one should have to be afraid of serious injury when walking down their own street. But accidents can happen anywhere, sometimes leading to life-altering injuries. When it’s the fault of another party, you have the right to seek monetary compensation. The legal experts at the Law Offices of Gary K. Walch, a Law Corporation today can help put you at ease and will work to get you the full value of your claim. We are available 24/7 so get in touch with us now to get started.