The number of pedestrian fatalities in Los Angeles has been increasing, reaching 128 people killed in accidents involving pedestrians in 2021. This marks a 6% rise compared to the numbers reported in 2020. Experiencing a pedestrian accident in Los Angeles can be an overwhelming and traumatic event. This can lead to severe injuries, leaving victims grappling with excruciating pain and physical limitations, while the emotional toll can result in fear, anxiety, and a profound sense of vulnerability.
At Omofoma Law, our compassionate Los Angeles pedestrian attorneys understand the challenges victims face and the significance of seeking rightful compensation and support during their recovery process. We are dedicated to providing zealous advocacy and guiding victims through this difficult journey toward healing and justice.
An attorney with experience in handling pedestrian accident lawsuits can be very helpful to you in obtaining compensation for your injuries. A few of the methods by which they can do so are discussed below.
Pedestrian accident lawyers are skilled at gathering and interpreting evidence. They possess the experience and expertise to investigate your case and all the sources of information to which they may have access.
Liability and negligence are legal issues. The insurance companies representing the other party involved in your case will have attorneys and adjusters well-versed in handling these issues. Pedestrian accident attorneys will be extremely helpful to you and determining these issues.
Insurance companies generate revenue by collecting premiums, not by paying claims. They are skilled at delaying and avoiding payments to you. They will make lowball offers and many demands. Your pedestrian accident attorneys are aware of these tactics and how to fight them.
Clearly, if it becomes necessary to resort to litigation, your pedestrian accident attorneys will represent you best. You will want to retain counsel you are comfortable with and who has handled many pedestrian accident claims like yours.
When a pedestrian and a moving vehicle encounter each other, especially in Los Angeles, it's usually devastatingly bad for the pedestrian. On average, a pedestrian is injured due to an accident about every ten minutes, with two victims ending up dying every three hours. The ones most vulnerable to such accidents are the homeless, who are 40 times more likely to be involved in fatal traffic collisions.
According to the California Highway Patrol, 2022 saw a record number of car accidents and fatalities. There were more than 23,000 pedestrians injured in traffic accidents in the state that year, with Los Angeles alone recording 159 pedestrian accident fatalities. This statistic is a 19% increase from the previous year.
Suppose you or someone you care about has gone through an injury in a pedestrian accident. In that case, you should seek the service of a skilled and experienced Los Angeles pedestrian accident attorney.
The attorneys at Omofoma Law in Los Angeles have extensive experience representing pedestrian accident victims, appearing for their victims with integrity, and arguing for their cases with dignity. Our skilled and well-versed attorneys can assist you in obtaining the compensation you deserve, so you can free yourself to concentrate on your physical and emotional recovery.
California uses a so-called pure comparative negligence rule which means that no matter how high your percentage of fault may be, you can still recover compensation for the remaining damages that were not your fault. Thus, if you were 99% at fault, you could still recover 1% of your damages.
According to the California Civil Jury Instructions (CACI) 405, if the defendant claims that the plaintiff was partially responsible for the accident, they must establish that the plaintiff was also negligent and that their negligence played a role in their injuries. If the defendant can convince the jury, the jury then determines how much fault to assign to the plaintiff and reduces their award by that amount. Additionally, the total responsibility assigned among all defendants and plaintiffs must equal 100%.
As Los Angeles becomes more of a walking city, it's important to understand the hows and whys of dangerous encounters between walkers and motor vehicles. A few of the leading causes of these accidents in Los Angeles are:
As legalized cannabis use becomes more common, pedestrian accident cases involving drivers under the influence of either cannabis or alcohol are also becoming more common.
Under VC 23224, drivers under 21 years old are prohibited from carrying alcohol inside a vehicle except if they are being supervised by a parent. The law also prohibits possessing or storing alcohol or cannabis products inside a vehicle unless the containers are full, sealed, and unopened. If there are open containers, they must be stored in the trunk, away from the passengers.
On most days, 40,000 or more cars will pass through some of L.A.'s multilane intersections. In those vehicles, more frequently, drivers will be on the phone, texting, eating, applying makeup, and generally paying attention to anything but driving. As the number of lanes of traffic increases, so does the likelihood of an accident.
Road rage has also been increasing. Often a driver who has acted in anger will fail to stop at the scene. The Los Angeles Police Department disclosed nearly 870 road rage incidents in 2022 - the highest count in the last seven years. According to a study from Crosstown, L.A., the number of incidents from last year is the highest since 2010.
Leaving the scene in California is a crime that, depending on the facts and circumstances, can be charged as a felony or misdemeanor.
Under California Vehicle Code Sections 20001, the driver of a vehicle involved in an accident leading to injury or death to a pedestrian must promptly stop the vehicle at the scene of the accident. If the driver neglects to stop and identify themselves, they may face charges of a felony under Section 20001.
Given the relative size and mass of a person and a car, it's obvious that pedestrian accidents will be bad for pedestrians when a car and pedestrian come violently together. Typical injuries in a motor vehicle/pedestrian accident include the following:
Any list of things to do after a pedestrian accident assumes that the pedestrian accident victims are conscious and physically capable of performing these steps. Consider taking the following steps after your car accident.
Seeking medical attention is critical because some injuries do not manifest immediately. In other words, you may be more seriously injured than you think. Further, if you fail to seek and follow medical advice, insurance companies are likely to attempt to contest that you are not as seriously injured as you say.
Assuming that you are well enough to do so, you must take pictures of the scene for use later. Capture photographs of your injuries (if they are visible), the area of the accident scene, the car driver, passengers, witnesses, police officers, and other emergency responders, and nearby traffic lights or sign. Make sure to save them and forward them to your attorney when you retain them.
If anyone is injured or vehicle damage exceeds $750.00, it is imperative that you notify the Department of Motor Vehicles of the accident within ten days of its occurrence. Failure to promptly notify may result in the suspension of your driver's license.
Having an official report can provide valuable evidence and documentation in case the other driver decides to pursue a lawsuit for damages or medical injuries or if you incurred further injuries than you initially thought. And having an official report is essential when filing an insurance claim.
If you can, you should exchange information with all of the parties involved in the pedestrian accident, including witnesses. You should especially get names, contact information, and insurance information. Make a note of the accident's location, time of day, and weather conditions.
It is advisable to begin searching for an experienced pedestrian accident attorney. Seek out an attorney who has a wealth of experience in cases like yours. The pedestrian accident lawyers of Omofoma Law will ensure that you get the justice you rightfully deserve. You have the right to seek compensation for the injuries sustained in your pedestrian accident, including medical expenses and other losses. We will ensure we recover all of these for you, and we will not rest until you are properly compensated for your injuries.
In order to assign liability for a pedestrian accident, you will be required to demonstrate that one or more of the other parties to the pedestrian accident was a fault. This will be the primary responsibility of your pedestrian accident lawyers.
A pedestrian accident usually results from negligence. Your pedestrian accident claim will be filed, if litigation is necessary, as a case of negligence.In California, proving negligence requires that you show that:
California law establishes a two-year statute of limitations for personal injury lawsuits, including pedestrian accidents. This limitation applies to the occupants of the vehicle or the pedestrian.
If you are able to prove that one of the other parties in the pedestrian accident is to blame, you can potentially obtain reparation for your economic and non-economic damages. Economic damages are those, such as medical costs, which can be easily demonstrated by an invoice or paid statement. Non-economic damages, such as pain and suffering, are more subjective and less easily established.
Your medical expenses include out-of-pocket fees and invoices, travel to and from appointments, physical therapy, drugs, and similar costs. You are entitled to recover these costs and expenses from the party at fault in your pedestrian accident claim.
You are entitled to recover the wages and income you lost due to the pedestrian accident. This entails not only lost wages but also lost benefits and bonuses. Subject to the nature and extent of your injuries in the pedestrian accident, you may also be able to recover for future lost wages and income, as well as promotions and bonuses.
California does not specify a formula for calculating non-economic damages like pain and suffering. To recover damages for pain and suffering (including mental distress and other non-economic damages), you must prove you suffered the harm or are certain to do so in the future.
In the end, many serious injuries in an accident can result in a wrongful pedestrian death, leaving your estate with a cause of action for the losses caused by your early death. In California, a wrongful death action must be filed within two years of the death. A suit for wrongful death can be filed by:
Looking for compatible and competent counsel is not always easy. Speak to friends and family, use the internet, and consider contacting a local bar association. Speak to potential pedestrian accident attorneys and consider both their skills and your comfort level in working with them.
Having the best available representations in your pedestrian accident claim is the best way to obtain the compensation you deserve for your injuries.
Contact Omofoma Law today, and let us help you achieve best results for your personal injury lawsuit.
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