Pedestrian Accident Lawyers in Encino, CA — Aggressively Advocating to Protect the Rights of Our Clients
Walking is becoming a more common form of transportation throughout the country. This is especially true in California — which has one of the highest rates of citizens without cars in the country. This is beneficial for various reasons— from improved health to less pollution — but it also comes with disadvantages. Unfortunately, California roadways are dangerous for those who get from points A to B on their feet. If you or a loved one have been injured while walking, a pedestrian accident lawyer in Encino, CA may be able to help.
At V&A Law Firm, our team of personal injury attorneys has seen what can happen when driver negligence and wrongful acts lead to accidents. It’s a simple fact that an exposed pedestrian has very little protection from vehicles that weigh at least 3,000 lbs. When someone is struck by an automobile, they often suffer catastrophic injuries that can lead to high medical bills, long-term treatment, lost wages, and more. Fortunately, you don’t have to go through this alone. Contact our law office today for a free case evaluation.
Who Is At Fault for Pedestrian Accidents?
In any pedestrian accident case, it’s necessary to prove negligence. However, this is often easier said than done. For instance, how can we track down a negligent party in a hit-and-run accident? And even when all parties’ identities are known, liability isn’t always clear. For instance, what happens when a speeding driver strikes someone who is jaywalking? There’s clearly some fault on both parts, so can the injury victim still secure compensation? The answer to this question is “yes,” and that’s because liability is based on three elements:
- Duty of care: Everyone on California roads has a duty to avoid actions that could harm others. This is true for a bus driver, motorist, bicyclist, and even a pedestrian in a crosswalk.
- Violation of duty: When a person violates a duty of care, they put others in danger. For instance, the drunk driver has violated their duty since they’ve endangered others on the roadway.
- Injury or damages: A violation of duty only results in liability if actual injuries or damages occur. For instance, a wreck caused by a distracted driver could result in brain injuries.
If we think back to the speeding driver who struck a jaywalker, you’ll see that these three elements can exist even if the victim shares the blame. And since California is a comparative negligence state, an injury victim can still recover damages even if they’re partially responsible for their own losses. This is also true if you have a loved one who was involved in a fatal pedestrian accident. However, it’s important to remember that all cases are different. Your legal options could differ significantly from someone in a similar situation.
That’s why you should contact a pedestrian accident attorney in Encino, CA. Schedule your free consultation with V&A Law Firm today.
What Are Common Causes of Accidents Involving Pedestrians?
Having an experienced attorney on your side can prove invaluable. They can help you establish liability and pursue financial recovery. However, it’s necessary to first establish the cause of an accident. This will help identify all parties who may share some blame in an accident. If you or a loved one were injured in a pedestrian crossing or elsewhere while walking, the accident likely involved one of the following causes:
- Distracted driving
- Failure to yield the right of way
- Distracted walking
- Lack of pedestrian infrastructure
- Poor visibility
- Reckless driving
To understand how difficult it can be to prove liability, one need only review the aforementioned accident causes. For instance, it’s possible that a distracted driver caused an accident — but perhaps this wouldn’t have happened if a community had sufficient pedestrian infrastructure. In such a situation, multiple parties could be negligent. This can complicate cases, so you should speak with a pedestrian accident lawyer today. An experienced legal professional can investigate your claim and help you decide how to proceed.
Do You Need an Attorney for a Pedestrian Accident Claim?
The previous section discussed some of the benefits of having a personal injury lawyer. However, not all cases are complex. Some are relatively straightforward — such as when traumatic brain injuries occur after a drunk driver plows onto the sidewalk. In this and similar situations, you may wonder whether you even need an attorney. After all, isn’t the case fairly “open and shut”? In fact, insurance companies will often contact pedestrian accident victims soon after the incident to offer a settlement.
Unfortunately, these offers are rarely fair. Insurers hope that you’ll accept an offer before the full scope of your injuries becomes apparent. After all, it’s often impossible to predict whether years of physical therapy or long-term treatment for chronic issues will be necessary. An Encino, CA, pedestrian accident lawyer will have a good idea of what your case is worth — and their presence will tell the insurance company that you’re serious about getting justice. In most cases, this results in a fair settlement.
If the insurer doesn’t treat you fairly, though, an attorney can file a pedestrian accident lawsuit on your behalf. In these cases, you may be entitled to both economic damages (e.g., lost wages, medical expenses) and non-economic damages (e.g., pain and suffering, emotional distress). Either way, having an experienced legal professional at your side during this process can prove invaluable.
Contact Our Pedestrian Accident Lawyers in Encino, CA Today
Whether someone is grabbing coffee in the city or enjoying the views in a rural area, they should be able to do so on foot without fear for their safety. Unfortunately, negligent parties frequently disrupt this right. Even a low-speed collision can result in disastrous outcomes, and if you’re not careful, a paid insurance claim could be a drop in the bucket compared to the costs you face. If you’ve been injured due to the negligence or reckless actions of another party, you deserve compensation. A legal professional can help you understand your options.
At V&A Law Firm, we’ve helped countless personal injury victims over the years. This has sometimes involved reaching a settlement with the driver’s insurance company. However, it will occasionally be necessary to pursue litigation. The appropriate approach in your case will depend on the circumstances of your accident. Fortunately, our law firm will provide a free initial consultation to help you better understand your options and how to move forward. Contact us today by calling 818-369-3270.
Our pedestrian accident lawyers in Encino, CA, are ready to assist.