Los Angeles Pedestrian Accident Lawyer

Los Angeles Pedestrian Accident Attorney

Like many large cities, Los Angeles can be a dangerous place for pedestrians, and even more so at night. Pedestrian accidents occur more often than people realize, so it can be quite shocking when it happens to you or someone close to you. California had 958 reported pedestrian deaths in 2021 — the highest in the nation. However, while recent years have shown a stark increase in pedestrian deaths in many states, California numbers were down 6% in 2021 from the year before. Regardless, it is detrimental when someone you know or love gets hit by a car as a pedestrian and is seriously injured or killed.

Personal injury or wrongful death claims cannot restore an individual’s health or make up for the loss of a loved one, but they can recover damages to help bear the burden from the repercussions of the accident. A pedestrian injured by a vehicle has the right to sue the driver to seek compensation for damages. In most cases, pedestrians have the right of way in California, so the fault is almost always on the driver. These cases are as simple as hiring an experienced pedestrian accident lawyer to negotiate a settlement amount with the at-fault driver’s insurance company.

In other cases, the pedestrian might be at fault or partially at fault for the accident. In either of these cases, the smartest thing to do is consult with an attorney who can offer legal advice on how to approach the case in the complex Los Angeles courts and explain comparative negligence laws as they pertain to the pedestrian’s or (driver’s) case.

At Heimanson & Wolf, LLP, Attorneys at Law, we have a proven track record of success with Los Angeles personal injury claims. We also have a highly respected reputation among past clients who cite our compassion and attention to detail as a few of our most revered traits. With a focus on recovering the losses incurred by personal injury to our clients and their families, the attorneys at Heimanson & Wolf, LLP, Attorneys at Law, are highly sought after in Los Angeles, CA.

Los Angeles Pedestrian Laws

Contrary to what most pedestrians and drivers believe, the pedestrian doesn’t legally always have the right-of-way. Pedestrians as much as drivers have a responsibility to each other. Drivers should obviously pay close attention to crosswalks and pedestrians, taking extra measures to ensure they do not hit a pedestrian, but pedestrians must also practice safety when crossing the street and always use crosswalks and intersection signals with caution.

If a driver fails to yield to a pedestrian who is otherwise obeying all traffic laws, the driver can incur a penalty of $220, and if a driver fails to yield to a blind pedestrian, that fine jumps to $1,000 and/or a six-month prison sentence.

Determining Liability in Los Angeles Pedestrian Accidents

If both the pedestrian and the driver are responsible for safety when roads and crosswalks overlap, the question remains as to who is liable in a pedestrian accident. The answer might be surprising in that it is usually both the pedestrian and the driver. These cases fall under California’s comparative negligence law. This law states that more than one party involved in an accident can be held responsible for the accident. Both driver and pedestrian can be held liable and deemed at fault. Thus, they share responsibility for the accident in terms of the percentage of their role in causing the accident. This means damages are reduced by the percentage at which the claimant is at fault.

For example, if a pedestrian was hit by a vehicle and was found by a jury to be 10% liable for the accident, the damages the pedestrian can recover are reduced by 10%.

FAQs About Los Angeles, CA Pedestrian Accident Laws

Who Is at Fault for a Pedestrian Accident Caused by a Self-Driving Car in California?

While the area of self-driving car law is still under development, it’s currently a gray area; the law is unclear on where to place liability in these instances because it can become contradictory in some applications. Generally speaking, pedestrians are likely to be relieved of liability in an accident involving a self-driving car, and the responsibility will fall on the owner, company operator, or production. However, fault will be determined on a case-by-case basis until further liability laws are passed for autonomous car accidents.

What Is the Most Common Cause of Pedestrian Accidents in Los Angeles?

The most common cause of pedestrian-related accidents in Los Angeles is drivers making left-hand turns. Other common causes include distracted driving (texting, looking down, etc.), unmarked crosswalks, impaired driving, speeding, rolling stops, and distracted pedestrians. The most common distraction of pedestrians is texting or looking down at their phones while walking.

Where Do Most Pedestrian Accidents in Los Angeles Occur?

Surprisingly, most pedestrian accidents do not occur in intersections, which is where most people assume they would be most common. Intersections account for only 23% of pedestrian accidents. Automobile accidents involving pedestrians occur most often in urban settings, on the open road, and during dark conditions such as dusk, nighttime, or dawn.

Are There a lot of Pedestrian-Related Accidents in California?

In 2020, a pedestrian was injured in an automobile accident every 10 minutes and killed every 81 minutes. In the same year, more than 6,500 pedestrians died in traffic accidents, and at least 50,000 pedestrians were injured in California. Pedestrian accidents have been on the rise since the pandemic due to a surge in reckless driving, heavier vehicles, and roads that prioritize faster-moving traffic.

Seeking Legal Advice for Your Pedestrian Accident in Los Angeles, CA

If you or a loved one has been hit by a car as a pedestrian and suffered injuries or death as a result of an accident in Los Angeles, you need to speak to a pedestrian accident attorney immediately. You could be eligible for significant compensation for damages. Contact Heimanson & Wolf, LLP, Attorneys at Law, to discuss your case with one of our compassionate legal team members today to get advice and start your claim.