Pedestrian Accidents and the Victim’s Claims

Pedestrian accidents: How the law protects victims

According to statistics, many cases of pedestrian accidents are due to negligence of the driver. And since the law requires car drivers to follow road regulations and safety rules, not adhering to these could result in tragic consequences such as vehicle collisions or crashes.

Meanwhile, victims of pedestrian accidents are entitled to receive compensations including hospital expenses and future medical needs, property damage, loss of potential wage/earning, and pain and suffering.

A victim and his/her lawyer should establish these elements to receive compensation from the defendant:

• The defendant is in the position to provide safety and security
• The defendant is negligent in his/her duty and failed to do his responsibility
• The accident has resulted to any form of physical injury
• The negligence and recklessness of the defendant directly resulted to the sustained injury of the victim
In cases when a pedestrian is partially at fault or contributed to his/her own injury, it is possible that the amount of compensation will be lessened. Here are some cases of negligence on the part of pedestrians:

• Ignoring the pedestrian and traffic signals
• Did not use the proper pedestrian lane
• Disrupting the flow of traffic

What victims of pedestrian accidents should do

• If physically possible, immediately call 911 or police
• Stay on the area where the accident had happened until the police and investigators arrived.
• Ask statements from witnesses. Get their full name, contact details, and other relevant information
• Avoid making statements to the driver and to his/her insurance company
• Avoid making a statement which can be used by the driver to reason out that it is the victim who is the negligent for his/her own sustained injury
• A victim should not accept responsibility or fault
After doing all of the stated above, it is very important for the injured party to seek a legal advice from a Los Angeles Pedestrian Accidents Attorney who has a background and experience in handling such cases. Remember, credible legal representative will allow victims to receive the rightful amount of compensation stated by the law.

Meanwhile, victims should not make any statement or sign documents without consulting their lawyers to make sure they will receive the right compensation from damages.

A pedestrian lawyer will follow this procedure to establish the victim's claims:

• Hire an investigator to gather evidences and relevant information regarding the accident
• Ask the injured party to get a medical report that will establish his/her claims
• Obtain accounts from people who witnessed the pedestrian accident
• Ask the police for an incident report

Pedestrian accidents may cause various health conditions including:

• Head injuries
• Spinal injuries
• Broken bones from any part of the body
• Disfigurement
• Mental and emotional distress
• Damaged organ

Pedestrian accidents happen due to the following reasons:

• Poor sidewalk maintenance / absence of pedestrian sidewalk
• Construction site accidents (falling debris, collapsing fences/walls)
• Reckless driving
• Violating traffic rules
• Unsafe roads (blind corner, potholes, slippery path, etc.)

To help you with personal injury cases such as pedestrian accidents and other related concerns, consult with our skilled Los Angeles pedestrian accidents attorneys. Log on to our website and avail of our free case analysis.