Pedestrian accident claims in Los Angeles require understanding California law, liability standards, and the compensation process. When a vehicle strikes a pedestrian, the injured person faces mounting medical bills, lost wages, and physical recovery challenges. Dordick Law Corporation helps pedestrian accident victims pursue claims and seek fair compensation for their injuries.
Why Pedestrian Accidents Demand Legal Representation
Pedestrian accidents differ fundamentally from other vehicle collisions. Pedestrians lack the protective shell of a vehicle, making injuries more severe. A collision that causes minor injuries to a vehicle occupant often causes catastrophic harm to a pedestrian.
Insurance companies understand this reality. They may attempt to minimize payouts to pedestrian victims by questioning liability or downplaying injury severity. Without legal representation, some pedestrians accept settlements below what their cases may be worth.
Legal representation can affect how a claim is handled. A pedestrian accident attorney investigates the accident, gathers evidence of driver negligence, and negotiates with insurance companies. We understand pedestrian accident claims and work to build strong cases aimed at recovering fair compensation.
Why Choose Dordick Law Corporation for Your Pedestrian Accident Claim
When you suffer a pedestrian accident injury, you need an attorney who understands both the medical and legal aspects of your claim. Dordick Law Corporation has experience handling pedestrian accident cases throughout Los Angeles and Southern California.
We work on a contingency fee basis, meaning you pay no upfront costs. We only get paid if compensation is recovered for you through a settlement or a verdict. This arrangement aligns our interests with yours.
Our firm offers a free consultation to evaluate your case and explain your legal options. We are available to answer your questions and provide support during recovery. We communicate regularly with our clients and keep you informed throughout your case.
Understanding Liability in Pedestrian Accidents
Negligence is the foundation of pedestrian accident claims. In California, negligence occurs when someone fails to exercise reasonable care, causing injury to another person. Drivers owe pedestrians a duty of care—a legal obligation to drive safely and avoid harming others.
Common driver negligence includes distracted driving, speeding, failure to yield at crosswalks, and running red lights. When a driver’s conduct violates this duty of care and causes a pedestrian’s injury, the driver may be held liable for damages. Hit and run accidents represent another serious form of driver negligence that often results in severe pedestrian injuries.
California follows a pure comparative negligence rule. This means you can recover compensation even if you were partially at fault for the accident. Your percentage of fault reduces your recovery proportionally. For example, if you were 20% at fault and your damages total $100,000, you may recover $80,000.
Types of Compensation Available in Pedestrian Accident Claims
Pedestrian accident victims may recover several categories of damages. Economic damages compensate you for quantifiable financial losses. These include medical expenses, lost wages, future medical care, and rehabilitation costs.
Non-economic damages address the non-financial impact of your injury. These include pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. Non-economic damages can represent a significant portion of a pedestrian accident settlement.
Punitive damages may be available when the driver’s conduct was grossly negligent or intentional. These damages are intended to punish the defendant and deter similar conduct. For example, if a driver was speeding excessively or driving under the influence, punitive damages may apply.
Steps to Take After a Pedestrian Accident in Los Angeles
Your actions immediately after a pedestrian accident can affect your claim. Seek medical attention first, even if your injuries seem minor. Some serious injuries develop symptoms over time.
Report the accident to law enforcement and obtain the police report number. Document the scene with photographs if possible. Collect contact information from witnesses who saw the accident. Preserve evidence like the clothing you wore and any medical records related to your injuries.
Avoid discussing the accident with insurance adjusters without legal counsel. Insurance companies employ adjusters trained to minimize payouts. An attorney can help protect your rights during these conversations. Contact Dordick Law Corporation promptly to help protect your legal interests and preserve evidence.
California Pedestrian Laws and Your Rights
California Vehicle Code § 21950 requires drivers to yield to pedestrians in crosswalks. Drivers must also yield to pedestrians crossing the street when the pedestrian has the right of way.
Pedestrians have the right of way when crossing at marked crosswalks with a walk signal. Pedestrians may also have the right of way when crossing at unmarked crosswalks at intersections, provided they are acting with reasonable care.
Under recent changes to California law, crossing outside of a marked crosswalk (commonly referred to as jaywalking) is not automatically penalized if it can be done safely. However, a pedestrian’s actions can still be considered when determining fault. Under California’s comparative negligence rule, you may still recover compensation even if you were partially at fault. Your percentage of fault reduces your recovery accordingly.
Driver violations of these laws can help establish negligence. When a driver violates California Vehicle Code § 21950 or other traffic laws, that violation may demonstrate a breach of their duty of care to pedestrians.
The Pedestrian Accident Claims Process
Understanding the claims process helps you know what to expect. The process begins with investigation and evidence gathering. We review police reports, medical records, witness statements, and any available surveillance footage.
Next comes insurance claim filing. We file a claim with the at-fault driver’s insurance company and provide documentation of your injuries and damages. We then negotiate with the insurance company for compensation.
Many cases resolve during negotiation without litigation. If the insurance company does not offer a reasonable settlement, we prepare your case for trial. The statute of limitations for pedestrian accident claims is generally two years from the date of injury under California Code of Civil Procedure § 335.1. Acting quickly helps preserve evidence and meet deadlines.
Frequently Asked Questions About Pedestrian Accident Claims
How long do I have to file a pedestrian accident claim in Los Angeles?
You generally have two years from the date of injury to file a pedestrian accident claim under California Code of Civil Procedure § 335.1. Missing this deadline may prevent you from pursuing your claim. Acting promptly helps preserve evidence and meet required timelines.
Can I recover compensation if I was partially at fault?
Yes. California’s pure comparative negligence rule allows recovery even if you were partially responsible for the accident. Your percentage of fault reduces your compensation proportionally. For example, if you were 30% at fault, you may recover 70% of your damages.
Do I need an attorney for a pedestrian accident claim?
While not required, legal representation can be beneficial. Insurance companies employ adjusters trained to minimize payouts. An attorney can assist with investigating the claim, gathering evidence, and negotiating for compensation.
Contact Dordick Law Corporation for Your Free Pedestrian Accident Consultation
If you’ve been hit by a car in Los Angeles, you do not have to deal with the insurance company alone. Our firm represents pedestrian accident victims and works to recover compensation on their behalf. We offer a free consultation to evaluate your case and explain your legal options.
We work on a contingency fee basis—you pay nothing unless compensation is recovered for you. Call (310) 551-0949 today to schedule your free consultation. Our attorneys are available to assist you. Do not delay, as the statute of limitations sets deadlines for filing claims. Contact us to discuss your pedestrian accident case.
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- Understanding California’s Comparative Negligence Rule in Personal Injury Cases
