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If you have been injured in a pedestrian accident, the best way to handle your claim is to contact a qualified and experienced Santa Monica Pedestrian Accident Lawyer to ensure that your case is handled properly. However, most pedestrian cases are settled outside of court, that’s why it’s important that you choose a lawyer who can aggressively advocate on your behalf to negotiate a fair settlement with insurance companies. In case a settlement cannot be reached, having a lawyer who will fight hard in court on your behalf is crucial.
What to Do After a Pedestrian Accident in Santa Monica
The moments after a pedestrian accident are extremely time-sensitive in the prevention of prolonged injury. First, if you are able, call for emergency medical help immediately. It’s important to seek medical help without hesitation since pedestrians who are involved in an accident often experience internal damage such as broken or fractured bones, nerve damage, concussions, lacerations, or even wrongful death. In addition, struck pedestrians may suffer from emotional and mental stress during this hardship.
Second, although the scene may be chaotic and overwhelming it is most essential that the police are dispatched and evidence at the scene is documented in the police report, which may include vital witnesses when filing a legal claim. This information may be important if legal remedies are pursued later as part of a pedestrian accident case.
It’s critical that you call an experienced Santa Monica pedestrian lawyer who knows how to protect your rights. Insurance companies have one goal: to make sure you receive a minimal amount of compensation or even none at all. Avoid accepting any offer or giving a recorded statement about the accident with an insurance company agent until you have spoken with an experienced personal injury lawyer.
Kermani’s Pedestrian Accident Lawyers in Santa Monica Are Here to Help
A designated lawyer will be the liaison between the pedestrian involved and the insurance company, allowing the pedestrian to focus on recovery. You should only discuss your case with your attorney, and all documents presented to the attorney will acquire a successful case. Maximize the amount of compensation by entrusting an experienced member of the Kermani team with your case.
Understanding Santa Monica Pedestrian Rights
Although it’s common in California to hear that “pedestrians always have the right of way”— it’s not necessarily the law. Pedestrian accident cases are some of the most contested cases by insurance companies. The law requires that drivers stay aware of hazards and stay alert while at the wheel, however, under the California Vehicle Code, pedestrians have:
- The right to cross certain highways and crosswalks in designated crossing areas.
- The right of way when they are in a crosswalk, either on a green light or if there is no control light.
A car must yield to a pedestrian who is properly crossing a highway. If a driver hits a pedestrian who is lawfully crossing a designated crossing area in a highway, they may be liable for damages for physical, emotional injuries, and financial injuries to the injured pedestrian.
Types of Pedestrian Accident Cases
Every type of pedestrian-related crash is unique, so your lawyer will have to look into the specific facts and circumstances surrounding your crash to determine your options. There are several different ways that a pedestrian accident can play out, and the type of case you pursue will hinge on your circumstances. Here are a few of the most common types of cases when it comes to pedestrian accidents:
- Crosswalk accidents;
- Pedestrian accidents involving alcohol;
- Failure to yield accidents;
- Speeding incidents;
- Accidents that happen while the car is in reverse and backing up;
- Turning vehicle accidents;
- School zone pedestrian crashes;
- Collisions that result in permanent or long-term injuries;
- Jaywalking crashes;
- Distracted driver pedestrian accidents;
- Bus-related or truck-related accidents;
- Incidents that happen on highways or expressways;
- Traumatic brain injuries;
- Wrongful death accidents.
Another type of claim you may have to handle if you were involved in a pedestrian-related crash is a claim in which there are potentially multiple liable parties. Since California courtrooms operate on a pure comparative negligence standard, the other party is also likely to attempt to place some of the blame on you, the injured party. If that happens, your compensation award could be reduced.
Determining Liability in a Pedestrian Accident
When a pedestrian accident occurs due to a hit-and-run, the driver has violated the law and could face criminal charges for fleeing the scene. When a driver stops at the scene and calls for help, the consequences are less severe. Depending on the extent of the pedestrian’s injuries, the driver of the vehicle will be held accountable to compensate for lost wages, pain and suffering, medical bills, or disfigurement.
If a pedestrian has lost their life as a result of a reckless or negligent driver, immediate family members may file a wrongful death claim on behalf of the victim. The hardship of losing a loved one due to an irresponsible driver is unimaginable, however, it is time-sensitive and crucial for immediate action to be taken to hold the driver accountable. The driver could face criminal charges depending on the circumstances of the accident. For example, if the driver was driving under the influence or driving over the speed limit in designated areas like a school zone, then the charges against the driver may be vehicular or involuntary manslaughter.
Valuing Your Santa Monica Pedestrian Accident
A Santa Monica pedestrian attorney can help you determine the value of your case through several factors such as medical costs, loss of wages, pain and suffering, inconvenience, and future medical costs. Some factors are easier to figure out than others, for example, the time being missed at work and medical expenses. All claims must be provided with evidence to back up the claims. Pain and suffering are more challenging to determine, and an experienced pedestrian accident lawyer at Kermani can make the case to maximize payment amounts for the case.
How to File a Lawsuit as a Pedestrian
An experienced attorney can aggressively negotiate with insurance companies and fight hard in court if a settlement can’t be reached. Kermani’s personal injury legal team consists of expert negotiators and experienced litigators fighting to get our clients the highest payouts in the industry. Contact us today to speak to a pedestrian accident specialist.
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Frequently Asked Questions
If I’m hit while not in a crosswalk in Santa Monica, how do they decide if I’m at fault?
The evidence in your case will be thoroughly reviewed to determine who was at fault. The driver might still be liable even if you weren’t in a crosswalk in some situations.
What if the driver fled the scene of an accident?
Drivers who get involved in an accident are obligated under California law to stop. If motorists flee the scene of an accident that injures a pedestrian, then that’s considered a criminal offense. What’s more, that driver will likely be considered at fault for the severity of your injuries since you may have to wait longer to receive medical care or have the accident reported by a bystander. Police will work towards identifying who caused your accident. Once they determine who committed the hit-and-run, you can pursue a claim against them. Contact an attorney for more details if you can’t identify who caused your crash.
What if I’m blamed for the accident due to wearing dark clothing at night?
Under pedestrian accident laws in California, pedestrians can share some percentage of fault after an accident if they were wearing dark clothing at night, jaywalking, not paying attention to traffic signals, or otherwise acting negligently. If you are getting partially blamed for the accident, then get in touch with an attorney. They’ll advise you on whether to refute the claims or accept a settlement that considers you partially at fault.
Can I pursue a case without witnesses to my pedestrian accident?
It is possible to pursue a case even if no one was around to witness your pedestrian accident. You can still find out who is responsible based on evidence discovered in an investigation, video footage, or other means.
Can I ask for emotional and punitive damages after a Santa Monica pedestrian accident?
Emotional distress is one form of non-economic damages that you can seek compensation for after a pedestrian accident in Santa Monica. Punitive damages are difficult to receive and are only awarded in rare situations, but you might be eligible if the other party’s recklessness was extreme.
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