Pedestrian Accident Lawyers
Pedestrian Accident Lawyer
Since 1976 Richard D. Hoffman has successfully helped his clients gain the maximum settlement possible during a painful time in their lives when they need it most.
We represent clients who have been injured or whose loved one died in any type of pedestrian accidents.
We have the knowledge, skill and experience to win your case or to receive a full compensation.
And we also know the types of injuries that can happen in accidents and the care required to your recovery to help your physical and mental health.
If you or a loved one has been involved in a pedestrian accident, call us now! at (323) 782-8600 for legal representation.
You can also send email via Info@RichardHoffmanLaw.com
If you are unable to come to our office, we are happy to come to you at home or in hospital.
- Why You Need Pedestrian Accident Lawyers
- Condsider the Statute of Limitations
- Preparing for the Initial Consultation
- Steps to Take After a Pedestrian Accident
- Common Causes of Pedestrian Accidents
- Injuries of Pedestrian Accidents
- Compensation for Pedestrian Accidents
- Who is Liable for Pedestrian Accidents?
- Factors to Determine Fault After a Pedestrian Accident
- Pedestrian Involved Hit-And-Run Accident
- Pedestrian’s Rights under Traffic Laws
- What We Can Do for You
- Contact Us Now
Why You Need Pedestrian Accident Lawyers
Crossing the streets as a pedestrian is often very dangerous. Passing vehicles are a constant threat to pedestrians, and sometimes drivers cause pedestrian accidents remaining severe injuries, or even death.
According to the National Highway Traffic Safety Administration(NHTSA), across the entire U.S., there were approximately 76,000 pedestrian injuries in the year 2012. And according to the United States Department of Transportation(USDOT), about 5,000 pedestrians were killed in traffic accidents at the same year.
The California Office of Traffic Safety reports that there were 5,297 pedestrian injuries in Los Angeles in 2012. California is No. 1 of death ranks in pedestrian accidents in 2014.
Los Angeles Times reported that after analyzing more than 665,000 traffic accidents between 2002 and 2013, 579 Los Angeles intersections were identified which had a higher than normal rate of pedestrians struck by cars.
And the largest number of these dangerous intersections for pedestrians were located in Downtown, with 48 extremely dangerous intersections during this period.
In Koreatown more than 400 pedestrians were hit by cars with eleven fatalities and some of Hollywood’s boulevards such as Santa Monica, Sunset and Hollywood are also extremely dangerous for pedestrians.
Pedestrian accidents usually happen from driver’s neglience and inattentiveness. And in many situations when a pedestrian is in a crosswalk, drivers, especially making right turn, cause an pedestrain accident due to fail to watch or check carefully their left or straight ahead before making the right turn, causing minor or fatal injuries to pedestrians.
It is the responsibility and obligation of all drivers to remain alert for pedestrians and to yield the appropriate right of way. But many neglectful drivers ignore pedestrians’ rights casuing countless accidents.
Pedestrians accidnets are at a far higher risk of serious injuries and fatalities than other types of traffic accidents. Pedestrian accidents are seven times more likely to result in death than even motorcycle collisions.
However, personal injury cases are usually more complicated and the defendant’s insurance company and his/her lawyer will attempt to place blame on you, the victim, in order to avoid or minimize their compensation and resonsibility. You will often be forced to settle with an amount that doesn’t cover your expenses and damages.
If you or your loved ones are hit by a vehicle while crossing the street, talk to a pedestrian accident lawyer first. Having an experienced pedestrian accident lawyer behind you can help to ensure that your rights are protected and that you receive a full and just compensation you deserve.
Richard D. Hoffman pedestrian accident lawyers represent the victims involving injuries ranging from soft tissue damage and broken bones to severe brain and spinal cord injuries. We work hard to ensure your compensation for damages, pain and suffering. Richard D. Hoffman Law Firm has recovered several settlements and won a pedestrian accident case.
Condsider the Statute of Limitations
Under California Code of Civil Procedure Section 335.1, the statute of limitations for pedestrian accidents is two years.
The time limit starts on the date of the accident, unless the accident resulted in the death of the victim.
When the victim die in an accident, the statute of limitations starts on the date of the victim’s death.
If the liable party is a public entity, such as a city or school district, then a claim must be filed with the appropriate government entity within six months of the incident.
So if you are a victim in an accident and are considering filing a claim, you have to bear in mind of the period limit.
* What if Period Limit has Run Out
In certain circumstances courts will allow for a temporary halting or tolling of the time limit such as minor statute of the victim (under the age of 18), mental and physical incapacitation of the victim. You can discuss this issue with our attorney.
Preparing for the Initial Consultation
For the initial consultation after a pedestrian accident, bring as much information as possible you can secure, including:
– Pictures of the accident and of your injuries
– Information on the other driver (the driver’s name, address, telephone number, license plate, and make and model of the vehicle)
– Insurance information for both parties to the accident
– Names, addresses and phone numbers of witnesses
– Medical records
– Medical bills
– Emergency room bills
– Emergency room records
Steps to Take After a Pedestrian Accident
1. Check where there you are injured and contact an emergency responses team or paramedics if serious. (Be aware that not all medical problems show up in the first few minutes or longer after a pedestrian accident. You may think that your injuries are slight and minor, but it may be much more serious than you think and should be examined immediately after a crash.)
2. Contact your local law enforcement and file an accident report. (Do not speak with the driver regarding fault or liability.)
3. Write down important information (the at fault party’s name, address, telephone number, insurance information, license plate, make and model of the vehicle)
4. Contact a pedestrian accident lawyer and ask for a legal consultation regarding your rights for claim and compensation.
* After a pedestrian accident, do not speak with insurance adjusters, first. Insurance company can use your statements to lower or deny your claim for compensation. You do not need to spend your after-accident period in a fight with insurance companies. An pedestrian accident lawyer representing you can do it for you.
Common Causes of Pedestrian Accidents
Pedestrian accidents usually occurs from driver’s neglience and inattentiveness. In many situations when a pedestrian is in a crosswalk, drivers, especially making right turn, cause an pedestrain accident due to fail to watch or check carefully their left or straight ahead before making the right turn.
Another main cause is distracted driving such as:
– Talking on cell or smart phones,
– Sending or receiving text messages
– The use of a electronic or mobile device such as checking the GPS
– Changing radio stations,
– Eating or drinking,
– Talking to passengers,
– Active children inside a moving automobile,
– Putting on makeup,
– Turning around to see what the children are doing in the back seat
– viewing previous accidents otherwise known as rubbernecking.
– Looking at a different direction
It is believed that over 8,000 car crashs each day are the result of distracted driving. Despite the number of laws passed which prohibit texting and cell phone use while driving, many drivers continue to use them.
All these factors can lead to pedestrian accidents and cause pedestrians to suffer injuries such as broken bones, broken legs, traumatic brain injury, spinal injury, and devastating quadriplegic or paraplegic permanent injuries.
If drivers are not concentrating on driving, innocent pedestrians could be the injured victim and their lives will be changed forever, even death.
Injuries of Pedestrian Accidents
Victims of pedestrian accidents may suffer injuries including:
– Fractures(Broken bones – Broken hip, legs, arms and wrists)
– Lacerations, Contusions and Abrasions
– Bone Dislocation
– Cosmetic Disfigurement
– Neck and Spinal Injuries (Back injuries)
– Traumatic Head Injuries
– Facial fractures and facial lacerations(Broken nose, Dental damage – broken teeth)
– Internal organ damage
– Psychological and emotional injuries
There can be other types of damages which may be applicable in a pedestrian injury case. Contact Richard D. Hoffman Law Firm for a detailed explanation of what may be available in your pedestrian accident injury case.
* Get a Checkup after Accident.
Even if you think you are fine after an accident, you have to get a checkup.
It is very important for compensation and lawsuit. In many cases, the victims think they are okay and there is no health problem following the pedestrian accident, but many days or weeks later, they feel pain or find injury sustained from the collision. But it is much more difficult to convince an insurance company that you receive your injuries from the pedestrian accident.
So, you have to get a checkup after a pedestrian accident.
Compensation for Pedestrian Accidents
One of the most common questions asked by our clients is “what is the value of my case?”. The average settlement amount of a car accident lawsuit is dependent on several factors unique to each case.
If you’ve been involved in a pedestrian accident that was not your fault or mostly not your fault, you may wonder what compensation you may be entitled to.
And it is very important to fully understant your legal rights for compensation in your pedestrian accident, and the value of a car accident case is generally determined by:
– The extent of injuries of the victims
– The size and type of insurance policies held by both the neglectful party and the victims.
Of course, it can vary depending on a number of factors.
For a car accident case evaluation, contact a pedestrian accident laywer.
He will support you in bringing appropriate legal action against an insurance company or the plaintiff.
And your lawyer can guide you whether your accident was happened by driver’s negligence, manufacturer liability or malicious intent.
Whether you are dealing with an uninsured driver or an uncooperative insurance company seeking to reduce or deny your compensation for damages, pedestrian accident lawyers are committed to obtaining maximum compensation on your behalf.
In situations where Personal Injury Protection(PIP) insurance does not sufficiently cover damages, you may be entitled to full or partial compensation beyond your coverage limitations.
If you or your loved ones have suffered injuries as a result of a pedestrian accident, you may be entitled to compensation including:
* Compensation for economical damages
– Compensation for all current and ongoing medical costs and prescription drug cost (Often referred to as “Medpay,” this pays medical expenses for injured individuals in an accident.)
– All future medical and rehabilitations costs including corrective and revision surgeries when required
– Loss of wages and future income earning ability due to inability (Loss of earning capacity)
– Loss of essential home services (An injured homemaker who suffers injuries from an accident and who now needs to hire someone to do their household work may be compensated for the loss of the ability to do domestic work.)
Compensation for non-economical damages
– Payment for pain and suffering for for the physical pain you suffered as a result of the injuries sustained in your pedestrian accident
(The type of injury, the level of pain, and how long that pain can reasonably be expected to continue will factor into these damages.)
– Payment for emotional and psychological distress including mental trauma, post traumatic stress, and depression resulting from the accident
(If you suffered a catastrophic injury such as a traumatic brain injury or spinal cord injury, you could be entitled to damages for the mental pain and anguish you have suffered.)
– Loss of consortium if a pedestrian accident resulted in a strain on your relationship.
– The inability to have children due to accident-related injuries
As you can see, many of these compensation caluses are subjective or subject to interpretation. How do you show your pain and suffering and how do you prove that you will lose income in the future based on your potential? It may be difficult to put a figure on these types of damages and the amount of money which can be obtained for this type of damage is a question of fact for the jury.
It is our job to maximize your compensation by fully demonstrating the degree of your damages and injuries. Whether its employing the services of an occupational expert to show future loss of earnings, or a medical professional to prove the true level of pain and suffering, we will go the extra mile for our clients.
Our firm has been successful in settling cases and convincing juries to award the maximum amount of pain and suffering, and non-economic damages that our clients deserve. Depending on the types of injuries suffered, and whether or not the injury is permanent or has permanently changed a person’s life, the value of non-economic damages may be in the millions of dollars.
The defendant, his/her insurance companies and defense lawyer will do everything to deny or minimize your damage and injuries. We will protect your rights for compensation.
And under certain circumstances, you may discover that your Personal Injury Protection (PIP) Insurance does not adequately cover the extent of damages suffered. In this situation, our lawyers will assist you in seeking further compensation from the PIP policy of the involved party through a personal injury lawsuit.
* Punitive damage
Punitive damages could be awarded when the plaintiff displays an intent to cause harm or a reckless disregard for the life of victims. In this case, the defendants will receive all or some portion of the punitive damage award.
Wrongful death is a claim against a person held liable for a death in a pedestrian accident. If your loved one was killed in a pedestrian accident due to a negligent driver, family members are entitled to file a wrongful death lawsuit on his or her behalf.
Who is Liable for Pedestrian Accidents?
If you were injured or your loved one died in a pedestrian accident, who is at fault and liable for an accident? It is the most important issue after a pedestrian accident.
* Driver’s fault
More often, the fault lies with the driver in pedestrian accidents. Some of the most common driver errors or driver misconduct which contributes to pedestrian accidents includes:
– Drivers who disregard crosswalks
– Drivers who disregard traffic controls
– Drivers who fail to yield to a pedestrian in a crosswalk or intersection (Usually during right-turn)
– Drivers who are driving under the influence pose a high risk of injury to pedestrians
– Drivers who pass a stopped school bus risk the lives of children disembarking from the bus or crossing the road
– Distracted drivers
– Speeding drivers (Drivers who disregard posted speed limit signs)
– Drinking drivers
– Reckless drivers
* Pedestrian’s fault
While in most cases, the drivers are at fault, pedestrians can be at fault as well when they fail to exercise due caution prior to entering a roadway. Some of the instances in which the pedestrian could be at fault include:
– Ignoring traffic controls such as the “don’t walk” signal
– Jaywalking (Pedestrians must cross at designated crosswalks or intersections)
– In some instances, children may dart across the street toward something they find interesting or without any special reason. It is very dangerous.
– Walking on highways (Pedestrian shouldn’t walk on highways at any time and at any circumstances. Highway traffic moves at high speeds, and drivers are not expecting pedestrians on highways.)
When you call following a pedestrian accient, we will conduct a thorough review of your case and fully explain your rights under the law.
We will explain your rights, the legal options available to you, and how we can assist and help you with your motorcycle accident case.
And we will answer all your questions honestly.
You will surely have an opportunity to discuss the details of your case with our experienced lawyer.
And we will fully investigate your case to determine how your injuries occurred and seek full compensation on your behalf. We will obtain a fair settlement as quickly as possible.
And if necessary, we are fully prepared to take your case to court.
We know that you are in a difficult time. But you are not alone. We are here to help you.
Case consultations are absolutely FREE and are provided with no obligation to you.
* It’s better to talk to a pedestrain accident lawyer first before dealing with an insurance company
After a pedestrain accident, it’s better to talk to a lawyer first, not an insurance company.
Of course, you can report the accident to your insurance company and give a statement to your own insurance company.
But you should not talk to the other party’s insurance company or give them your statement. Because they can use your statement against you to minimize or deny your injury and claim.
* Accident due to a Defective Vehicle
If faulty design, manufacturing or labeling was responsible for your accident and subsequent injuries, you need a pedestrian accident lawyer who can indentify what specific defect caused your accident and how. Experts may be brought in to thoroughly analyze the accident.
Factors to Determine Fault After a Pedestrian Accident
After a crash, accident parties want to know who was at fault. There are many factors involved in determining who was at fault for the car accident, including:
* The police report.
The police report is most important factors in the determination of who was at fault in a pedestrian accident.
Police officers are trained to determine fault listening conflicting stories of both sides, and are also trained to accurately read and analyze the evidence at the scene of the accident.
So insurance companies are typically put the most weight in the police report to determine who was at fault.
* Evidence collected by parties of accident.
After a crash, it is very important to take photographs of the vehicles, injuries and the scene of the accident, if you are not severely injured.
And if there were witnesses to the accident, write down names and phone numbers, and then give it your car accident attorney.
It is also extremely helpful to determine who was at fault in an accident.
* Who admits fault at the scene.
It is very important that you never admit fault at the scene of an accident. You may not actually be aware of the true cause and fault of your accident, but if you admits fault at the scene, it would be very disadvantageous to you.
After a crash, cooperate with the police and exchange information with the driver, but do not say anything about the accident. The police and your insurance company will determine who was at fault after reading and analyzing the evidence at the scene.
* Fault and No-fault State
In California, before a person’s insurance pay for compensation for damages, that person must be found to be responsible for causing the accident. And then, the at-fault driver’s insurance will pay for all damages and losses. (In no-fault states, there is no requirement to show who was at fault.)
* Comparative Negligence (Comparative Fault)
California also follows the pure comparative negligence law (pure comparative fault law), which allocates fault between the parties, the plaintiff and the defendants, reducing recovery accordingly by the percentage of fault attributable to them.
For example, a plaintiff who was at fault of 70% for an accident should pay 70% of damage for the defendant. Of course, a defendant who suffered injuries could only recover 70% of losses from the other party.
Comparative negligence or comparative fault is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree or percentage to which the plaintiff’s own negligence contributed to cause the injury.
Pedestrian Involved Hit-And-Run Accident
The hit-and-run driver may be liable to the pedestrian under a legal standard called ‘Negligence Per Se.’
A hit-and run violation may be a felony or a misdemeanor depending on the nature of the injury.
If for any reason, the hit-and-run driver does not have insurance, the injured pedestrian may still recover from their own uninsured motorist policy. An experienced and competent pedestrian accident lawyer can review their insurance policy and determine whether or not the injured pedestrian is entitled to compensation under their uninsured motorist policy.
Pedestrian’s Rights under Traffic Laws
Under the California Vehicle Code, pedestrians have certain rights including:
– The right of crossing certain highways and crosswalks in designated crossing areas
– A car must yield to a pedestrian properly crossing a highway
– If a driver violates the vehicle code and hits a pedestrian who is lawfully crossing in a crosswalk or in a designated area in a highway, they may be liable for negligence and to pay damages for injuries to the injured pedestrian.
What We Can Do for You
– Introduce caring doctors
– Make a thorough investigation of accident
– Found out the cause and fault of accident and the liable party or parties
– File and handle all insurance related paperwork for the maximum compensation
– Keep updating and delivering of the process of your case
– Answer any of your questions and address any of your concerns with a serving heart
Contact Us Now
Do you need a pedestrian accident lawyer who can help you and give legal guidance for your claim?
You can call us now with (323) 782-8600 or send email via Info@RichardHoffmanLaw.com.
We can give you an English, Spanish and Korean service.
We are here to help you.
Get Help Today