Glendale Pedestrian Accident Lawyer
Pedestrian accidents in Glendale often lead to severe or fatal injuries. These accidents can have devastating impacts on victims and their families.
For those affected, pursuing fair compensation can be challenging. Legal advice can provide vital support in securing financial recovery for these life-altering incidents.
Why Trust The Berberian Firm With Your Pedestrian Accident Case?
The Berberian Firm stands out due to their commitment to improving pedestrian accident laws and the way insurance companies approach these cases. With a history spanning over eight decades focused on personal injury and workers’ compensation in Southern California, their advice is substantial. Additionally, their contingency fee basis ensures that clients in Glendale receive dedicated legal counsel without upfront costs.
How Can a Glendale Pedestrian Accident Lawyer Help?
A Glendale pedestrian accident lawyer assists injured parties by countering insurance companies’ efforts to deny liability. Insurance firms often aim to limit or reject claims, minimizing their payouts. An experienced attorney can strengthen your position by aiding in the collection and presentation of evidence. This professional guidance ensures your case is compelling and optimally presented to the insurer. Effective representation by an attorney increases the likelihood of achieving the best possible outcome.
Common Pedestrian Accident Injuries
When a vehicle strikes a pedestrian, the impact often results in significant injuries to multiple areas of the body. Legs, pelvis, torso, chest, and head are especially vulnerable. Broken bones frequently occur, particularly in the lower extremities which are typically the first point of impact.
Skull fractures can result from direct blows to the head during the collision. Traumatic brain injuries are also common, resulting from both the initial strike and subsequent impacts. The spinal cord is at risk, leading to possible paralysis or other serious conditions.
Neck and back injuries may occur due to the sudden, forceful movements associated with a vehicular collision. Further complications can include internal organ damage, which can happen when the torso suffers a heavy blow.
Pedestrians might also suffer lacerations and road rash, which are caused by scraping against the vehicle or the road surface. In the most severe cases, these accidents can result in fatal injuries.
In such cases, legal representation is crucial for securing compensation for long-term disabilities, including brain damage and paralysis.
California Pedestrian Laws
Every individual using the road must adhere to California’s pedestrian regulations. According to California Vehicle Code Section 21950, pedestrians do not automatically have the right-of-way when crossing streets. Drivers are obligated to understand and follow these rules, keep an attentive lookout, and yield when necessary. Pedestrians, too, must be aware of and comply with these laws to reduce accident risks.
- Motor vehicles are required to yield to pedestrians at crosswalks, which may be marked with white lines or unmarked at intersections. Drivers must slow down or stop to ensure pedestrian safety within the crosswalk.
- Pedestrians must not leave the curb and step into the path of an oncoming vehicle in a way that does not provide sufficient time for the vehicle to stop. Additionally, pedestrians must not cause delays by stopping in the middle of a crosswalk.
- At intersections with traffic control signals, pedestrians are permitted to cross only when given the proper walk signal. If the light is red or shows a “Don’t Walk” signal, pedestrians must yield to vehicles passing through the intersection.
- Crossing between marked intersections is considered jaywalking and is illegal in California. Jaywalking is hazardous and increases the chance of accidents, with penalties up to $200 for offenders.
Both drivers and pedestrians have a duty to exercise due care for the safety of others. All users of the road are expected to act with caution and prudence to prevent accidents. Should a driver violate pedestrian laws and cause an accident, they will be held responsible for the resulting damages. For additional details regarding pedestrian laws in California, consulting a skilled Glendale pedestrian accident lawyer is advised.
Common Causes of Pedestrian Accidents
Negligence plays a key role in pedestrian accidents, often resulting from carelessness by one or more individuals. Examples include:
- Distracted driving: Using a cell phone or other devices while driving.
- Texting while driving: Sending messages instead of focusing on the road.
- Reckless or drunk driving: Operating a vehicle under the influence or aggressively.
- Running red lights or stop signs: Not fully stopping or ignoring signals.
- Reversing without checking: Failing to look behind when backing up.
- Speeding in school zones: Exceeding speed limits in areas with children.
- Too close to sidewalks: Buses or trucks edging near pedestrian areas.
- Unsafe crosswalk passing: Overtaking other cars at crosswalks.
- Not yielding right-of-way: Ignoring pedestrian priority at intersections.
Pedestrians also contribute to accidents through behaviors such as:
- Cell phone or headphone distractions: Paying attention to devices instead of surroundings.
- Jaywalking: Crossing outside of designated areas.
- Walking while intoxicated: Impaired movement or decision-making.
- Children running into roads: Kids unexpectedly entering traffic zones.
- Broken traffic laws: Ignoring rules designed to protect pedestrians.
In California, driver mistakes are the top reason for pedestrian accidents. Drivers must stay vigilant, heed pedestrian laws, and remain aware of their environment. When these duties are neglected, drivers are held accountable for any injuries or fatalities that occur. If a pedestrian accident arises, the liable party is the one whose actions most directly caused the incident.
Who Is Liable for Pedestrian Accidents?
In California, determining who is responsible for a pedestrian accident requires examining the cause of the collision. The state adheres to a fault-based system for car accidents. This means the injured party must seek financial recovery from the party at fault, usually the driver involved in the accident.
Driver: Common reasons for pedestrian accidents include texting while driving, not yielding the right-of-way, speeding, and driving under the influence. When a driver causes such an accident, their auto insurance typically covers the resulting damages.
City: The City of Glendale can also be held liable in certain situations. If defective sidewalks, crosswalks, or street signals contributed to the accident, and the city failed to address these issues in a timely manner, responsibility may fall on them.
Company: If the driver was working for a company like UPS, USPS, Uber, Lyft, or a pizza delivery service, the company can be held responsible. Employers are often vicariously liable for their employees’ actions while on duty.
Summary of Potentially Liable Parties
| Party | Examples of Liability |
|---|---|
| Driver | Texting, failing to yield, speeding, DUI |
| City | Defective sidewalks, crosswalks, street signals |
| Company | Employee on duty for UPS, USPS, Uber, Lyft, etc. |
Assigning liability may involve a thorough investigation. Revisiting the scene of the accident, gathering evidence, and obtaining police reports are essential steps in building a strong case. Consulting with a knowledgeable attorney can assist injured pedestrians in pursuing fair compensation for their damages.
Proving Negligence in Pedestrian Accident Claims
Negligence is essential in pedestrian accident claims. When negligence leads to a pedestrian collision, the responsible party must compensate the injured party. The burden of proof falls on the victim to establish the defendant’s negligence.
The evidentiary standard in these cases requires showing that it is more likely than not that the defendant’s negligence caused the accident. Four key elements must be demonstrated:
Duty of care owed: The defendant was obligated to act in the same prudent and reasonable way other individuals would.
- Duty of care breached: The defendant did not meet this obligation due to careless actions or inactions.
- Causation for the accident: The breach of duty was the primary cause of the collision.
- Damages suffered: The pedestrian incurred losses, such as physical injuries or lost wages, from the collision.
If avoiding the accident required different actions by a reasonable person, the defendant is liable for the injuries. Typical evidence to substantiate negligence includes:
- Police reports
- Eyewitness statements
- Photographs and videos
- Medical records
- Expert testimony
A qualified pedestrian accident attorney can assist in gathering this evidence.
What To Do After a Pedestrian Accident
Remain calm after a pedestrian accident. Even when facing pain and frustration, it’s vital to stay composed. Steps to take immediately:
- Call 911 for assistance.
- Avoid admitting fault.
- Wait for paramedics without moving.
- Gather driver’s information: name, phone number, and auto insurance details.
- Collect names and contact details of any eyewitnesses.
- If able, take photographs of the scene.
Emergency steps are crucial:
- Visit a hospital promptly in Glendale.
- Collect critical documents: police reports and medical records.
- Initiate an insurance claim with the driver’s auto insurer.
- Consult a specialist: Contact a pedestrian accident lawyer for guidance.
Legal Assistance
Seek advice from a pedestrian accident lawyer in Glendale without delay. An attorney can navigate the complexities of the legal process, allowing time for recovery from physical and emotional harm.
What Is the Statute of Limitations on Pedestrian Accidents in California?
A statute of limitations sets a deadline for filing a pedestrian accident claim in California. Missing this deadline generally means the courts will not hear the lawsuit, eliminating the chance to hold a responsible party liable. The duration varies by state and type of lawsuit.
For pedestrian accidents in California, the statute of limitations is two years from the collision date, per California Code of Civil Procedure Section 335.1. This period applies to most actions for injuries due to another’s wrongful act or negligence. If the injury is not discovered immediately, the clock may start when the injury is identified. Claims against the government require notice within six months. Make sure to track and follow these deadlines to avoid losing the opportunity to seek compensation.
Damages in Pedestrian Accident Cases
In pedestrian accident cases, “damages” refers to both the losses a plaintiff has endured and the monetary compensation they might receive through a claim. These damages vary based on the severity of the injuries and the types of losses suffered. An attorney in Glendale specializing in pedestrian accidents can assist in compiling an exhaustive list of all past and potential future damages.
- Hospital bills
- Ongoing medical treatments
- Counseling
- Physical therapy
- Lost wages
- Lost earning capacity
- Disability costs
- Out-of-pocket expenses
- Loss of consortium
- Pain and suffering
- Scarring or disfigurement
- Wrongful death damages
- Punitive damages
Victims in California have the right to seek compensation for numerous types of damages in pedestrian accidents. Before agreeing to any settlement from an insurance company, it is crucial to discuss the claim’s true value with a lawyer. Legal advice from a pedestrian accident attorney can be instrumental in ensuring that the victim receives fair compensation, often higher than initial insurer offers.
