Pedestrian accidents in Los Angeles County often result in serious injuries due to vehicle collisions. Michael D. Waks is a pedestrian accident lawyer who advocates for victims and their families, pursuing compensation from negligent drivers and property owners. From medical expenses to lost income, his firm handles every aspect of your claim. Contact Michael D. Waks at (888) 394-1174 for a free consultation to discuss your pedestrian accident case.
How Driver Negligence Leads to Pedestrian Injuries
Pedestrian accidents are a serious public safety issue in Los Angeles County. Busy streets, heavy traffic, and distracted drivers create conditions where pedestrians are at risk of injury every day. When someone is struck while walking, the consequences can be devastating, ranging from broken bones and head trauma to long-term disability or even death. In many cases, these accidents are the result of driver negligence. Understanding how negligence leads to pedestrian injuries and what legal recourse is available is crucial for victims seeking justice and compensation.
The Scope of Pedestrian Accidents in Los Angeles
Los Angeles has one of the highest rates of pedestrian accidents in the United States. The city’s sprawling urban environment, combined with heavy car usage, increases the likelihood of collisions. Pedestrians are particularly vulnerable because they lack the physical protection that vehicles provide. Even a low-speed collision can cause severe injuries, especially to older adults or children.
According to local traffic reports, many pedestrian injuries result from behaviors that could have been prevented with careful driving. Distracted driving, speeding, and failure to follow traffic laws are among the most common factors.
Common Forms of Driver Negligence Leading to Pedestrian Injuries
Negligence occurs when a driver fails to exercise reasonable care, resulting in harm to others. In pedestrian accidents, negligent behavior can take many forms, including:
- Distracted Driving: Drivers using phones, eating, or engaging in other distractions often fail to notice pedestrians crossing streets, especially at crosswalks or intersections.
- Speeding: Excessive speed reduces reaction time and increases the severity of injuries. A pedestrian struck at higher speeds is more likely to suffer serious or fatal injuries.
- Failure to Yield: Many accidents occur when drivers ignore traffic signals or fail to yield to pedestrians in crosswalks, as required by law.
- Driving Under the Influence: Alcohol or drugs impair judgment, slow reaction times, and make it more likely that a driver will hit a pedestrian. DUI-related pedestrian accidents are especially severe and often involve criminal charges.
- Reckless or Aggressive Driving: Tailgating, unsafe lane changes, or road rage behaviors can create dangerous situations for pedestrians.
- Poor Vehicle Maintenance: In some cases, a vehicle defect—such as faulty brakes or malfunctioning lights—contributes to an accident. The driver or vehicle owner may be held liable if the negligence involves improper maintenance.
Each type of negligence increases the risk of pedestrian injuries, and many accidents involve multiple contributing factors.
The Legal Definition of Negligence in Pedestrian Accidents
California law defines negligence as the failure to exercise reasonable care, resulting in harm to another person. To hold a driver liable for a pedestrian injury, four elements must generally be established:
- Duty of Care: Drivers have a legal responsibility to operate their vehicles safely and avoid harming pedestrians.
- Breach of Duty: The driver failed to meet the expected standard of care through actions like speeding, running a red light, or texting while driving.
- Causation: The driver’s breach directly caused the pedestrian’s injuries.
- Damages: The pedestrian suffered measurable harm, including medical expenses, lost wages, pain and suffering, or property damage.
Proving these elements often requires evidence such as accident reports, witness statements, traffic camera footage, and expert testimony.
Common Injuries in Pedestrian Accidents
Pedestrian accidents caused by negligent driving can result in a wide range of injuries. Some of the most frequent include:
- Fractures and Broken Bones: Arms, legs, and ribs are commonly broken when a pedestrian is struck.
- Head and Brain Injuries: Traumatic brain injuries (TBIs) can occur even in low-speed collisions, leading to long-term cognitive or physical impairments.
- Spinal Cord Injuries: Damage to the spine can result in partial or complete paralysis, dramatically altering a victim’s quality of life.
- Internal Injuries: Organs may be damaged by the impact, requiring emergency medical treatment or surgery.
- Lacerations and Soft Tissue Injuries: Deep cuts, torn ligaments, and bruising are common, often requiring ongoing medical care or rehabilitation.
The severity of injuries often depends on factors such as the speed of the vehicle, the age and health of the pedestrian, and whether safety measures like crosswalks or traffic signals were present.
Compensation Available to Pedestrian Accident Victims
Pedestrians injured due to driver negligence may be entitled to compensation through a personal injury claim. California law allows victims to recover damages for both economic and non-economic losses, including:
- Medical Expenses: Compensation can cover hospital bills, surgeries, medications, rehabilitation, and future medical care.
- Lost Wages and Reduced Earning Capacity: If injuries prevent a pedestrian from working, compensation can replace lost income and account for diminished future earning potential.
- Pain and Suffering: Physical pain, emotional distress, and reduced quality of life are considered non-economic damages.
- Property Damage: Personal property, such as clothing, electronic devices, or mobility aids damaged during the accident, can be included.
- Punitive Damages: In cases involving gross negligence, such as DUI-related accidents, courts may award additional damages to punish the driver and deter similar behavior.
California uses a comparative negligence system, which means that if a pedestrian shares some fault for the accident—such as crossing outside a crosswalk—their compensation may be reduced proportionally. This makes it critical to work with an attorney to ensure your rights are protected.
Steps to Take
Immediate action following a pedestrian accident can significantly impact the success of a claim. Victims should:
- Seek Medical Attention: Even if injuries seem minor, medical evaluation is essential. Some internal injuries or concussions may not be immediately apparent.
- Report the Accident: Contact local law enforcement to file an official accident report. This provides a record of the incident.
- Gather Evidence: Take photos of the scene, the vehicle involved, traffic signals, and any visible injuries. Collect contact information from witnesses.
- Document Medical Records and Expenses: Keep detailed records of all treatment, medications, and rehabilitation services.
- Consult a Personal Injury Attorney: Legal representation ensures that your claim is properly handled, evidence is preserved, and insurance companies do not undervalue your case.
The Role of a Personal Injury Attorney
Pedestrian accident claims can be complex, particularly when injuries are severe or multiple parties are involved. A knowledgeable personal injury attorney in Los Angeles County can help victims navigate the legal process, identify liable parties, and calculate full damages. Attorneys can also negotiate with insurance companies and, if necessary, pursue litigation to secure fair compensation.
Preventing Pedestrian Injuries
While not all accidents can be prevented, pedestrians and drivers can take steps to reduce risks:
- Pedestrians: Use crosswalks, obey traffic signals, remain visible, and avoid distractions like phones while walking.
- Drivers: Stay alert, obey speed limits, yield to pedestrians, and avoid distractions. Awareness and caution can prevent many accidents before they occur.
Rebuild Confidence with a Los Angeles County Pedestrian Accident Attorney
Pedestrian accidents can result in devastating injuries that affect every aspect of life. Michael D. Waks, a Los Angeles County pedestrian accident attorney, is dedicated to helping victims seek justice and rebuild their futures. He will fight for your right to compensation and ensure negligent drivers are held responsible. Call Michael D. Waks at (888) 394-1174 for a free consultation and take the first step toward recovery after a pedestrian accident.