Santa Monica Pedestrian Accident Lawyer

Santa Monica Pedestrian Accident Attorney

Pedestrian accidents in Santa Monica, CA are some of the scariest car accidents that can occur. A several-ton vehicle running into a defenseless person can cause a lot of damage and even be fatal. Often, these incidents are the fault of the driver, and their mistake has cost someone else dearly.

Fortunately, the law has created a means by which the victims and families of victims of fatal pedestrian accidents can find some restitution for their losses. The money isn’t meant to fix a problem that can’t be fixed, but it can help with the financial costs and give the injured and family some space to heal. The process of getting this rightfully owed compensation can often be challenging, though. That’s why a firm like Heimanson & Wolf, LLP, exists: to help these victims fight for what they’re owed.

Causes of Pedestrian Accidents

There are several situations that can lead to a pedestrian accident, and one or more parties can be responsible for causing them.

Some of the things that a driver may do that could cause an accident include:

• Driving distracted, possibly by texting or other use of their phone
• Drunk driving
• Reckless driving
• Speeding
• Running a red light or stop sign
• Failing to yield right-of-way at a crosswalk
• Driving too close to the sidewalk
• Backing up without checking

Some of the ways that a pedestrian could contribute to an accident include:

• Jaywalking
• Walking distracted, possibly by their phone
• Walking while intoxicated
• Running into traffic

Some of the ways that the government may cause an accident include:

• Leaving sidewalks in disrepair
• Faulty traffic signals
• Not marking crosswalks properly

Responsibilities of Pedestrians

Drivers are expected to look for pedestrians and yield right-of-way at the appropriate times, but pedestrians are also expected to minimize the risk of an accident by following the rules and being mindful of vehicles. Some of the laws pertaining to pedestrians include:

• When an intersection has a traffic signal, pedestrians only have the right of way when the signal indicates that they are free to cross.
• At crosswalks, cars are expected to yield to pedestrians.
• A pedestrian cannot stop in the middle of a crosswalk.
• A pedestrian cannot leave the curb at a crosswalk suddenly and into the path of an oncoming vehicle.
• A pedestrian cannot jaywalk, which is crossing the road between intersections.
• Pedestrians have full right of way on any sidewalks.

Who Is at Fault, and How Is That Established?

The key to a car accident claim, which is what a pedestrian accident would fall under, is establishing fault. Damages can’t be awarded unless fault is first established. It’s worth noting that, if the pedestrian is determined to have some responsibility for the accident case, then the damages awarded may be reduced by the same percentage. For instance, if the victim is found to be 15% at fault, then any damages awarded will be reduced by 15%. Therefore, establishing fault and how that fault is distributed is an essential part of the process.

In these kinds of claims, fault is determined by proving negligence. This is a three-step process, and each component must be present for the victim to be eligible to receive damages for their injury. The three components are:

• A Duty to Care – The first thing that needs to be established is that the party had a duty to care. This means that they had a duty to be cognizant of those who might be around them and to take measures to minimize the risk of harm coming to them. In the case of drivers of vehicles, it’s pretty standard that they have a duty to be aware of their surroundings and operate their vehicles in a safe manner that protects those around them.
• A Breach of Duty – Once the need for a duty to care is established, it needs to be shown that the duty was breached. For car accidents, this typically involves a driver who makes an error or is distracted. Violating the rules of the road is a common example of the kinds of things that can be used to establish a breach. It can also be possible to demonstrate that the driver was distracted by something in the vehicle or their phone.
• Cause of Injury – Lastly, once the breach has been established, it must be shown that the breach led directly to the injury that the victim suffered. It is possible, in some circumstances, that the breach may not be the cause of the injury. This is usually the case because something else is the cause. For instance, perhaps someone was driving through an intersection at five miles an hour over the speed limit. They hit a pedestrian who was crossing. However, the only reason why the pedestrian was crossing was because they had a signal to cross even though the driver had a green light. If it can be shown that the slight speeding wouldn’t have changed the outcome of the situation, then the driver may not be liable, although the city could be.

Establishing fault is effectively one-half of these kinds of civil cases. It determines negligence and demonstrates who should be held liable and what injuries they should be liable for compensating. Only once this is proven can the value of the compensation be considered.

Compensation

Compensation in a civil claim is referred to as damages. The key to being awarded damages is that you must be able to demonstrate that the cost incurred was the result of the negligence that was established in the prior portion of the case. If you can’t show that the cost was the result of the injury you suffered as a result of negligence, then you won’t receive compensation for it. That is why it is critical that you keep good records on everything related to your case. Generally, there are two kinds of damages that will be awarded:

• Economic Damages – These damages cover things like medical bills, physical therapy bills, and anything else that is easily quantifiable. It also covers any lost wages due to the injury. Even future costs are estimated and covered, such as future medical costs and reduced earning capacity.
• Non-Economic Damages – There are costs associated with an accident like this that aren’t really quantifiable because they don’t have a bill associated with them. These are things like pain and suffering or anxiety and depression that have resulted from the injury. Based on precedence, a value is placed on these things and then compensation is awarded.

What to Do If You’ve Been Hit as a Pedestrian

It’s possible to help your case significantly if you handle the moments after an accident well. Of course, depending on the severity of your injury, you may not be able to do everything that would be ideal, but it’s important to do what you can. Generally, there are four things that you should always attempt to do after an accident:

• Medical Attention – Obviously, you should get medical attention at the scene of the accident. Even if you don’t think that you are hurt, paramedics are trained to find traumatic injuries, even if you aren’t recognizing them, because of the shock and trauma associated. However, because paramedics have a particular set of injuries that they are focused on, there are others that they might miss. That’s why it’s important to get a full examination as soon as you can. Any delay may lead to an argument that the injuries weren’t that significant or were sustained elsewhere.
• Documentation – It’s tremendously helpful to your case if you can gather proper documentation. If you are unable to document these things yourself, but there is someone with you who can, that can be a big help. Obviously, you will want to make sure that you get the name, contact information, and insurance information of the driver who hit you. The next thing you will want to get is photos and video of the scene. Capturing images of injuries, the vehicle involved, road signs, and anything else that might pertain to this situation is very helpful.
• Say Very Little – Make sure you tell the police everything exactly as you understand it, but outside of them, it’s critical that you not say very much about the accident. You could say something that later gets misconstrued as you taking some blame for the accident. In particular, it’s important that you be very careful when talking with any insurance agents.
• Contact Heimanson & Wolf, LLP – Contact a Santa Monica pedestrian accident attorney from our firm as soon as you can after the accident. The sooner you contact us, the sooner that we can help you protect yourself from saying anything that could harm your claim. We can also get started on researching your accident quickly, while the evidence is still fresh. The sooner you get in contact with us, the better the chances of winning your claim are.

FAQs About Santa Monica, CA Pedestrian Accident Laws

How Long Do I Have to File a Claim in a Pedestrian Accident Case in California?

How long you have to file a claim is set by something known as the statute of limitations. A pedestrian accident claim is filed under what is known as personal injury law. In these cases, the statute of limitations is generally two years. This means that, within two years from the date of the accident, a claim must be filed. There may be exceptions to this if the injury is discovered at a later date but, in most cases, two years is as long as you have. However, there is a shorter timeline of six months if you are bringing the claim against the government. This could be the case if the accident was caused or contributed to by something like damaged sidewalks or faulty traffic signals.

What Laws Protect Pedestrians in California?

There are several different laws that protect pedestrians in California, but it is worth noting that pedestrians do not have an automatic right of way when crossing a road. Both drivers and pedestrians are expected to follow the law properly, and a lack of doing so can lead to a pedestrian being found at least partially liable for an accident.

What Causes Pedestrian Accidents?

Pedestrian accidents can have a variety of causes. One of the things our lawyers do is investigate your accident to better understand where the causes are and who could be held liable. While every situation is unique, there are some more frequent factors, and there are times when multiple factors are involved. Part of what must be adjudicated is the share of responsibility that different parties have. However, all claimable accidents are caused by some form of negligence from one or more parties.

Who Can Be Held Liable in a Pedestrian Accident?

Liability determines who is responsible for compensating the victim in a pedestrian accident for their injuries. Assuming that the accident isn’t one of the rare cases where the pedestrian themselves is liable, there are a few different parties that might be held liable, including:

• The Driver – In most cases, the driver has made an error of some sort that has created the accident.
• A Company – If the driver is driving commercially in service of a company, it’s possible that the company may be liable, as employers are often liable for their employees’ errors.
• The Government – The upkeep of roads and sidewalks is usually the responsibility of the government, and if there was something about their condition that contributed to or caused the accident, they could be held liable.
• Parts Manufacturer or Maintenance Company – In some cases, a part could fail or have been incorrectly installed, and that failure leads to an accident. In these cases, the manufacturer of the part or whoever failed to install it correctly could be held liable.

Seek What You’re Owed With Our Help

Being hit as a pedestrian can cause a lot of problems for the victims. Injuries are usually significant and sometimes fatal. Those at fault owe these individuals or their families compensation for what they’ve suffered. Of course, money can’t solve everything, but it can help ease some of the stress and burden that these situations cause.

Unfortunately, the insurance companies that are usually responsible for paying out these costs can be difficult to deal with. They typically need the threat or process of a civil complaint to push them in the right direction. At Heimanson & Wolf, LLP, we help people push back against insurance companies to get what they deserve. We can negotiate with them on your behalf and take the process to court if necessary. Contact us to discuss your situation today.