Westlake Village Pedestrian Accident Lawyer
You had just finished doing some holiday shopping in your hometown of Westlake Village, just off of Thousand Oaks Blvd., and were lugging your shopping bags to your car. It gets pretty crowded at this particular shopping hotspot and people get way too aggressive when seeking open parking spots. You just happened to be walking by a rare open spot when someone in an Audi quickly turned into it and ran into your legs. You have serious ligament damage, broken bones, and now you’re wondering how long it will take before you can even walk again.
When everyone follows the traffic laws and looks out for pedestrians, there’s usually nothing to worry about. But all it takes is one careless driver to change someone’s life forever. You hope your injuries eventually heal, but it’s going to cost you. Your Westlake Village pedestrian accident lawyer at Walch Law will help you get the most for this accident—money that can not only cover bills, rehab and missed work but also provide a sense of justice following an accident.
Pedestrian accidents can be very serious, given the vulnerability of walking alongside traffic, no matter how fast the cars are going. The following provides an overview of pedestrian accident liability, injury claims, and more.Southern California Pedestrian Accident Liability
Motorists owe a particularly high “duty of care” to pedestrians, since a “reasonable person” knows or should know that pedestrians are vulnerable to serious injury if they’re hit by vehicles. To owe a “duty of care” (a type of legal responsibility) is to act in a way consistent with that of a reasonable person. A reasonable person knows that people are walking to and from the parking lot and should be watching out for pedestrians and drive slowly. Failure to act in a reasonable manner is a breach and establishes liability for negligence when that breach results in another party’s injuries.
While there may be some rare occasions where the act of hitting pedestrians is intentional, they’re mostly due to negligence. 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 watch for pedestrians)
- 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
The driver of the Audi that hit you owed you a duty of care, specifically to watch for pedestrians, drive slowly, and yield to any pedestrians in their vicinity. The driver failed to do this, thereby breaching this duty of care. This breach caused you to suffer serious injuries. Had the defendant not breached his duty of care, none of this would have happened. You have suffered actual damages, including serious injuries to your legs and all that comes with those injuries (more on that below).
Although you likely won’t take your claim to court (most are settled), your Westlake Village pedestrian accident lawyer will make sure you have a solid claim in order to have maximum leverage.Calculating Damages for Your Westlake Village Pedestrian Injury
How much is your case worth? A lot of people are looking for some online calculator before they hire an attorney—those don’t exist, calling us will give you the best estimate of the worth of your case. Your personal injury claim enumerates certain damages, which are the monetary claims related to your losses caused by the defendant. Your legs are shattered, you’re in severe pain, and you’ve already incurred high medical costs (you have medical insurance but your deductible is quite high). You’re missing work and also need help around the house. In addition, you can’t get around on your own and need to pay for transportation. It’s already starting to add up.
But do you really know the long-term cost of your injuries? What if you never fully recover and have to use a cane for the rest of your life? Does that mean you can’t enjoy biking, playing tennis, or other activities that are important to you? Even if you are able to make a full recovery, what will all of that physical therapy cost?
Your Westlake Village pedestrian accident lawyer will be able to help you adequately assess your damages, but they may include the following:
- Medical costs
- Lost wages
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Who knew that simply walking back to your car with an armload of shopping bags could be so dangerous! Life is full of risks, some of them more obvious than others, but you have the right to seek compensation when the negligence of another party is to blame. Don’t leave your claim up to chance, get professional help today by calling the Law Offices of Gary K. Walch, a Law Corporation and get some peace of mind. We have over four decades of experience helping victims of pedestrians accidents get back on their feet with a large settlement. Call us today to learn more about how we can help—the sooner you call the sooner we can get you paid.