California is one of the most hazardous states for pedestrians. While we take the lead as a popular tourist destination, it has become inherently dangerous for pedestrians whether they’re crossing the street or walking along a public sidewalk. The chance of getting struck by a car is higher than it was years ago.
In 2018 a total of 6,283 pedestrians died after getting struck by vehicles. Those who survived were left with serious injuries. Older adults and children under the age of 16 are the most susceptible to road traffic damages, but that doesn’t exclude others from falling victim or losing a loved one due to a negligent driver.
The sheer impact of a car striking your body is enough to make you need a pedestrian injury lawyer in Sherman Oaks. Medical expenses and repair costs for damaged property are likely to leave you at a financial disadvantage. That is why you should consider scheduling a consultation at a reputable law firm when you’re able after the incident.
An attorney can give you play-by-play advice on how to move through your personal injury and property damage claims, as well as fight for your financial compensation.
The Dedicated Sherman Oaks Attorney You’ll Need
Did you get hurt in a pedestrian accident? You can call upon our attorneys at Okhovat Law Firm. Our trusted multilingual team strives to get the best results for our clients. Any time you are experiencing the emotional, financial, or physical impact it often leaves victims, it’s best to work with a knowledgeable lawyer instead of taking matters into your own hands.
Several years ago, Anna Okhovat started her mission to establish a firm centered around personal injury law. Not only do we have a reputation for getting clients the results they need, but also for:
- Having a proven track record
- Providing one-on-one contact with clients
- Not charging fees unless the case is won
- Taking a personalized approach to every case
Before, during, and after every legal consultation, we will answer any questions to provide you with the best service and support possible. Give us a call at 310-362-6740 or email us at email@example.com to get started.
What Is State Vehicle Code § 21950?
State Vehicle Code § 21950 is a California law that requires all motorists to yield to pedestrians. Whether they’re on the sidewalk or crossing at an unmarked area, drivers are expected to reduce their speeds and come to a complete stop. Unfortunately, not everyone is aware of this mandate. These personal injury accidents happen the most in high-traffic areas like street corners, parking lots, and road shoulders. To avoid the risk of getting hurt, a lawyer would advise you to be vigilant and aware of your surroundings.
Immediately Following the Accident
After suffering such a traumatic accident, you may be in shock and forget the basic car accident protocol. The most important thing you can do is call 911. The responding police officer and medical team can provide witness accounts for the lawsuit that is soon to follow. An officer will make an accident report based on you and the drivers’ testimony as well as any witnesses.
While you may feel okay after the collision, some injuries like a concussion or internal bleeding are not apparent right away. A checkup by a medical professional can catch underlying injuries before they worsen. Your Sherman Oaks injury lawyer will also tell you that any medical bills resulting from the accident serve as hard evidence of your damages.
The amount of compensation you receive from the accident depends on who the courts determine was at fault. Fault in car accidents is based around the law of negligence, meaning that the person responsible failed to exercise a reasonable amount of caution that any other person would have normally taken.
Pedestrian accident cases are far from straightforward. Even if you suffered most of the damage, you could still share fault in the state of California under the law of comparative negligence. The attorneys involved will explain how you’ve both contributed to the accident. Then, the courts will assign percentages of blame that determine the amount each party must pay.
Depending on the plaintiff’s actions, it could significantly reduce the amount of compensation they receive. For example, if the pedestrians were crossing the street illegally (jaywalking), a portion of the blame would be on them for not utilizing the crosswalk nearby. They chose not to walk where traffic laws would fully protect them.
In most cases, it’s the driver who exhibited some form of negligence. Common risky behaviors that can lead to such accidents are:
- Driving above the speed limit
- Failure of using a turn signal
- Disobeying traffic laws
- Operating the vehicle while high or drunk
- Engaging in distractions behind the wheel
- Driving while fatigued
- Running a red light
- Areas of low visibility, making it harder to see pedestrians
Insurance Coverage for Pedestrian Accidents
A pedestrian that gets hit by a car is covered by a health insurance policy, car insurance policy, or both. An attorney for pedestrian-auto accidents can assist you in building the strongest case against the driver’s insurance company if they find that the defendant was liable.
If you are the victim of a hit-and-run, meaning that the driver flees the scene after hitting you, you can still get coverage for your accident. Your attorney may suggest that you continue getting medical treatment through your health insurance policy in the meantime. The settlement will reimburse you for these costs after we win.
The investigation will prioritize locating the driver. The best way for us to do this is to search for security cameras near the vicinity of the collision. While a nearby store’s security camera may not have captured the accident itself, it may have caught the driver fleeing the scene. Try to write down your recollection of the car’s make, model, and color, as well as any eyewitness accounts. If you happen to catch the license plate number, then law enforcement can quickly locate the driver.
We Fight for Our Clients
After falling victim to an accident, you will undoubtedly have medical bills to pay. And if you have to take time off work to recover from your injuries, you will be short a paycheck or two. The suffering you will undergo is why you should hire legal counsel to pursue a lawsuit against the driver.
Okhovat Law Firm has a team that you can trust to fight on your behalf. Contact us to set up a consultation. Knowing that you have full representation will give you peace of mind, as we will pursue damages owed to you.
Related Articles About Pedestrian Accidents
Liability In Pedestrian Accidents
You may have heard the old adage “the pedestrian has the right of way,” but is this always true? Determining liability in pedestrian accidents is not as straightforward as you might think. Whether you were the driver that collided with someone crossing the street, or you walked at an undesignated crossing area, we can help you make sense of what occurred. Read on for more insight on liability in pedestrian accidents.
What To Do If You Become the Victim of A Hit And Run
No pedestrian expects to get hit by a car or involved in any hit-and-run accident. But they have become increasingly common across the U.S., with drivers fleeing the scene to avoid accountability. It often leaves victims feeling like they’re at a loss with no leads or information.
The most common situations where pedestrians get hit by motorists include:
- Early morning or late in the evening when visibility is poor
- The streets are dimly lit
- The driver or the pedestrian have consumed alcohol or drugs
- The pedestrian was jaywalking
Whether you’re walking, jogging, or riding your bike at the time of the crash, you have options.
Frequently Asked Questions About Pedestrian Accidents
What type of damages might I be awarded?
The type of damages you’re entitled to depend on the nature of your case. The most common types awarded in a successful lawsuit are:
- Medical expenses
- Loss of income
- Physical impairments and changes in your mobility
- Pain and suffering
Why should I see a doctor? I didn’t get injured.
Even if you don’t feel an injury right away, there’s still a possibility of internal damages and delayed symptoms. It’s better to air on the side of caution! Seeing a doctor within the first 24 hours of your accident is an essential part of any personal injury case. They will run a set of diagnostic tests to confirm everything is okay. And we will use those medical reports to hold the defendant accountable if you choose to take legal action.
How long will it take before I see results?
That depends! The length of time it takes depends on the number of parties involved, the full extent of your injuries, when we begin your claim, and several other factors. Typically, we try to settle before the case goes to trial to shorten the time it takes for you to get the financial restitution you need.
Can I recover damages if I was jaywalking?
In California, courts follow the doctrine of pure comparative negligence with cases involving jaywalking. While you might still have a chance, your actions will significantly impact the lawsuit. For example, if the court finds you to be 90% at fault, you are still permitted to pursue the 10% you are not at fault for. We will of course advise you whether that is an economically safe and conscious idea.