Los Angeles Pedestrian Accident Attorney
Pedestrian accidents have been shooting up, reaching levels that haven’t been seen in decades, says Los Angeles pedestrian accident attorney Cyrus Shahriari. According to the 2018 Governors Highway Safety Association’s 2018 study of pedestrian accidents by state, 2018 is predicted to have the highest number of pedestrian accidents since 1990.
The study attributes a good portion of the rise of these pedestrian accidents and fatalities to distracted drivers and pedestrians talking or texting on their phones. Another significant cause is alcohol. But significant causes of pedestrian accidents include speed and road design. The bottom line is that pedestrians are being injured and killed.
The Benefits of a Pedestrian Accident Attorney
Though it is true that pedestrians have the right of way in California, the law isn’t that simple. To ensure that you receive the best possible legal results, you need a Los Angeles pedestrian accident attorney who is working for you and not the insurance company.
If you or a loved one suffered serious personal injuries or a wrongful death in a pedestrian accident, we strongly urge you to contact us for a free, no-obligation consultation.
If Los Angeles pedestrian accident attorney Cyrus Shahriari takes case, he takes it on a contingency basis, meaning you pay nothing until we win your case.
More Reasons to be Represented by a Pedestrian Accident Attorney:
- No matter how nice the insurance adjuster is, their job is to settle the case as quickly and for the least amount of money possible. That’s why they tend to be so nice.
- If you are hit by a bus, taxi, shuttle, truck, or a work-related vehicle, there may be additional federal, state, county, and local ordinances that apply in these legal proceedings. Whether your case should be heard in federal or state court, the time limit by which a case must be filed, and what paperwork must be filed, will all depend on which laws apply to your pedestrian accident.
- To really determine all the parties who may be liable for your damages, Cyrus Shahriari will bring together a group of experts to investigate the circumstances surrounding your pedestrian accident. You may think it’s clear who is at fault, but, for instance, if you are hit by someone driving a work-related truck, that individual’s employer also might be liable for their employee hitting you.
- Los Angeles pedestrian accident attorney Cyrus Shahriari works with leading medical and rehabilitation specialists to arrange medical liens so that you can get the healthcare you need to make the best possible recovery. These liens are due and payable once your case is resolved.
Determining Fault
In California pedestrians have the right of way. This does not absolve a pedestrian from breaking the law by, for instance, jay walking, walking outside a crosswalk, not following traffic signals, or walking while under the influence of alcohol or drugs.
But California recognizes comparative liability. This means that you could be found partially liable for the pedestrian accident and other parties could be held liable for a proportion of your damages.
For instance, let’s say that the jury found you 10% responsible for your pedestrian accident because you were jaywalking and the motor vehicle driver was found 90% responsible for hitting you.
If the jury awarded you $100,000 for your damages, the motor vehicle driver would be responsible for 90% of the $100,000, or $90,000.
Your Los Angeles pedestrian accident attorney Cyrus Shahriari will investigate your accident and determine all parties who are at fault and responsible for compensating you for your damages.
Hit By an Uninsured Motorist
A pedestrian hit by an uninsured or under-insured motorist may still be able to recover damages.
More than likely your car insurance includes uninsured motorist coverage or under-insured motorist coverage. If the person who hit you is uninsured, or if they don’t carry enough insurance to compensate you for your damages, your own uninsured motorist coverage kicks in.
California law makes it illegal for your insurance company to raise your premiums or to cancel you if you collect from your uninsured motorist coverage.
What You May Recover
If you or a loved is in a pedestrian accident, you may be able to recover:
- Medical bills, past and future
- Lost wages and benefits, past and future
- Property damage
- Pain and suffering
- Funeral expenses
Contact a Pedestrian Accident Attorney
For a FREE, no-obligation consultation, contact a Los Angeles pedestrian accident attorney Cyrus Shahriari.
Pedestrian Accidents
Frequently Asked Questions
Q: If I am in a pedestrian accident, do I need a personal injury lawyer?
A: For best results, I urge you to get a personal injury lawyer who is experienced with pedestrian accidents. At Pocrass & De Los Reyes, we would be able to bring in experts to reconstruct the accident. That would identify all who are at fault (for example, road design, the responsibility of a governmental agency, also may be liable for your accident), provide you access to medical care on a lien basis, and not allow the insurance company to convince you to take its low-ball offer. Pedestrian accidents are taken on a contingency basis so you pay nothing upfront.
Q: If I were hit by a car crossing the street but wasn’t in a cross walk, do I still have a case?
A: In most cases if you were hit by a motor vehicle while crossing the street and you were not in a cross walk, you probably still have a case. California also recognizes comparative negligence. This means that you could be assigned a certain percentage of liability for the accident. For example, if you were hit while crossing the street, you may be assigned 10% of the liability for the accident. If we recovered $100,000 for your accident, you would recover $90,000 for your damages.
Q: How can I prove the driver of the car that hit was using his phone when he hit me?
A: Your pedestrian accident attorney can subpoena the driver’s phone records. Then we correlate the time you were hit with any phone calls or text messages from the records. This is important because it establishes the driver’s negligence.
Q: Though my pedestrian accident was clearly the driver’s fault, his insurance company is saying my injuries are from a pre-existing condition and refusing to compensate me for my injuries. What can I do?
A: This is not an unusual situation. Insurance companies will use every trick in the book to pay you as little as possible. A good personal injury lawyer knows the proper experts to counter the insurance company’s claims, assuming the claims are not credible.
Q: How can pedestrians increase their chances of NOT being hit by a motor vehicle?
A: Though you can’t control a distracted driver’s actions, there are some cautionary things you can do to reduce the chance of being hit by a motor vehicle when you’re walking. They include:
- Be predictable and be alert about what is happening around you
- Don’t assume you are necessarily safe in a cross walk. Look in all directions in which there are cars
- Make eye contact with a driver who is turning or stopping
- Know and follow the rules of the road for pedestrians
- Be aware that weather can make you more difficult to see by drivers and that cars might not be as stable in a rain.
- Only use one ear bud so you can hear what is going on around you
- If there is no sidewalk where you are walking, walking on the side of the road where you’ll be facing traffic (the left side). If there are sidewalks in the area you can use them in any direction.