Under California law, you can seek compensation if you were injured as a pedestrian because of the fault, intentional conduct, or carelessness of a driver. A stellar pedestrian accident lawyer los angeles will help you understand the laws that apply to your particular claim and the various legal options available to you

Right to Compensation: Injured pedestrians have a right to compensation if the accident was due to the fault of another. You can recover compensation for your injuries, losses, and lost wages, or earning potential. Your Los Angeles pedestrian accident lawyer will explain all available legal options. You can file a personal injury lawsuit in civil court or a claim with the driver’s insurance company.

Generally, attorneys recommend filing a claim with the at-fault driver’s insurance company as the first step if the driver has insurance. However, you should allow your Los Angeles pedestrian accident lawyer to take care of the claim since the filing, negotiation, and settlement process can be lengthy and time-consuming.

Claim adjusters have a job to try to settle the claim for as little as possible. They may even require you to waive away your rights for suing the driver in exchange for paying your claim. Never speak to any insurance adjuster without having a dedicated and capable Los Angeles pedestrian accident lawyer present.

Legal Options Following a Pedestrian Accident: Negligence and battery are two primary legal theories used by Californian lawyers in pedestrian accident lawsuits. Generally, pedestrian accidents are caused by careless and negligent driving instead of malicious intent.

The following elements need to be proved to win a pedestrian accident lawsuit:

  • Duty: The defendant should have an obligation to act a certain way towards the pedestrian. Almost every driver is supposed to exercise reasonable care on the roadway.
  • Breach of duty: The defendant should have breached the said established duty. This means they should have failed to act in a reasonable manner.
  • Cause-in-fact: The injured pedestrian should prove the injuries were caused by the driver. This is also called “but-for” causation.
  • Proximate cause: The driver would be responsible for only those harms that were foreseeable as a result of their actions. Serious injuries in California are usually seen as foreseeable consequences of reckless or negligent driving.
  • Damages: The injured pedestrian should show that they suffered legally recognized harm because of the accident in the form of financial losses, bodily injury, and damage to property.

Your Los Angeles pedestrian accident lawyer will need to establish all these elements by a preponderance of evidence. This means that 50% of the evidence should favor your lawsuit.

 

Statute of Limitations: California law provides pedestrians two years to file a claim from the date of the accident. The amount of time taken for the lawsuit to resolve will depend on a number of factors, such as the severity of the injuries and the complexity of legal issues.

It is possible that the defendant and their insurance company would want to settle the claim before it goes to trial if you were seriously injured. This is because they probably anticipate the number of damages you would get awarded by the jury or judge to be very high. You should not accept a settlement offer before speaking with your attorney.

Consult with a Skilled Pedestrian Attorney: Pedestrian accidents have a strict statute of limitations. You should consider speaking with an experienced attorney right away without delay. Crucial evidence can quickly be lost in pedestrian accidents. The team at California Wrongful Death Lawyers is here to help you seek rightful compensation. Give us a call today at 844-999-5342 or use our online form.