The Legal Process for Pedestrian Accident Claims

Have you been hurt in a Los Angeles pedestrian accident? Contact Countrywide Trial Lawyers today for a free consultation. Our Los Angeles pedestrian accident attorneys will pursue the justice you deserve.

Every year in Los Angeles, thousands of pedestrians suffer injuries from accidents caused by negligent drivers. If you or a loved one has been struck while walking, you are most likely already aware of the struggle that ensues afterward. Medical bills pile up, work is missed, and the emotional toll can feel unbearable. You’re left wondering how to navigate the complex legal system to ensure you receive the compensation you deserve.

At Countrywide Trial Lawyers, we understand the pain and frustration that follows a pedestrian accident. Dealing with insurance companies can be intimidating—they often try to minimize your claim or deny it altogether. Without legal guidance, you might not secure the financial support needed to cover your medical expenses, lost wages, and other damages. This uncertainty can add to your stress during an already difficult time.

Countrywide Trial Lawyers is here to help you through this. Our dedicated team specializes in pedestrian accident claims in Los Angeles, offering personalized support and aggressive representation to fight for your rights. We handle all the legal complexities so you can focus on healing and rebuilding your life. With a proven track record of successful cases, we are committed to securing the justice and compensation you deserve.

Don’t wait to take action. Contact a Los Angeles pedestrian accident lawyer at our law firm today for a free consultation so we can help you navigate the legal process with confidence.

Filing a Pedestrian Accident Claim in Los Angeles

Filing a pedestrian accident claim in Los Angeles involves several critical steps, each designed to ensure that injured pedestrians can recover compensation for their medical expenses, lost wages, and other damages.

Given the complexities of personal injury law and the tactics employed by insurance companies, having the right legal guidance is essential for achieving a favorable outcome.

Step 1: Consult a Personal Injury Attorney

The first and most crucial step in pursuing a pedestrian accident claim is consulting a qualified pedestrian accident attorney. Los Angeles pedestrian accidents often involve intricate legal considerations under California law, such as determining liability in traffic accidents and dealing with comparative negligence. Here are the reasons why you should consult an attorney as soon as you can after being injured:

• Legal Expertise: A pedestrian accident lawyer understands the nuances of personal injury cases and how local traffic laws and the California Vehicle Code apply to your situation.
• Navigating Insurance Complexities: Attorneys have experience dealing with insurance companies that often try to undervalue claims. By hiring a pedestrian accident lawyer, victims can protect their rights and secure fair compensation.
• Free Consultations: Many law firms offer a free consultation to evaluate your case and advise on the best course of action.

Step 2: Investigate the Accident

Thorough investigations are vital for building a strong pedestrian accident claim. Attorneys play a key role in gathering evidence to establish what happened and who is liable.

• Gathering Evidence: Attorneys collect police reports, medical records, and surveillance footage from nearby traffic cameras or businesses. Witness statements are also essential to corroborate the victim’s account of the accident.
• Accident Reconstruction: For complex cases, accident reconstruction specialists may be hired to recreate the incident and provide expert testimony.
• Ensuring Safety During the Investigation: Injured pedestrians are encouraged to prioritize their recovery while the attorney handles evidence collection to avoid further injury or stress.

Step 3: Determine Liability

Determining liability is a critical step in any pedestrian accident case. This process often involves identifying negligent parties and understanding the circumstances under which the accident occurred.

• Driver Negligence: Distracted driving, speeding, or failing to yield to pedestrians in crosswalks are common causes of pedestrian collisions.
• City or Road Maintenance Liability: Poorly maintained sidewalks, broken traffic signals, or inadequate signage can make municipalities liable under certain conditions.
• Shared Liability: Many pedestrian accidents involve partial fault on both sides. For example, a pedestrian crossing outside a designated crosswalk may share liability with a driver who was speeding.

Step 4: Calculate Damages

Calculating damages ensures that injured pedestrians seek fair compensation that reflects the full extent of their losses.

• Medical Expenses: This includes immediate medical treatment, ongoing care, and future medical costs such as physical therapy or surgeries.
• Lost Wages: Compensation for time missed at work due to recovery and, in severe cases, loss of earning capacity.
• Pain and Suffering: Non-economic damages account for the emotional toll, trauma, and diminished quality of life caused by the accident.
• Future Care Needs: Severe injuries, such as spinal cord injuries or traumatic brain injuries, often require long-term care, which must be factored into the settlement.

Step 5: Negotiate with Insurance Companies

Dealing with insurance companies is one of the most challenging aspects of a pedestrian accident claim. Insurance adjusters often use tactics to minimize payouts, making it essential to have strong legal representation.

• Lowball Offers: Insurance companies frequently offer settlements far below what victims deserve, particularly for accidents involving pedestrians with severe injuries.
• Delaying Claims: Adjusters may delay the claims process to pressure victims into accepting less.
• Disputing Liability: Insurers may argue that the pedestrian was partially or fully at fault, especially in accidents occurring outside crosswalks.

A pedestrian accident attorney counters these tactics by using evidence, negotiating aggressively, and ensuring the insurance company pays a fair settlement.

Step 6: Filing a Lawsuit (If Necessary)

While many pedestrian accident claims settle outside of court, some cases require litigation to achieve justice. Filing a personal injury lawsuit may be necessary if the insurance company refuses to offer a reasonable settlement or denies the claim outright.

• The Litigation Process: Filing a lawsuit involves submitting a formal complaint, engaging in discovery (evidence exchange), and presenting the case in court if necessary.
• Trial Representation: An experienced pedestrian accident lawyer ensures that victims are fully prepared for trial, presenting compelling evidence to maximize compensation.

Challenges in Pedestrian Accident Claims

While seeking compensation for pedestrian accident injuries, victims often face several challenges that require legal expertise to navigate effectively.

Shared Fault and Comparative Negligence

California follows a comparative negligence rule, which reduces the compensation a victim can recover by their percentage of fault.

• Example Scenarios:
  • A pedestrian jaywalking when hit by a speeding driver may share liability.
  • A pedestrian distracted by their phone might be partially at fault in a car pedestrian accident.

Even in such cases, a pedestrian accident lawyer can help ensure that victims still recover a fair portion of their damages.

Insurance Company Tactics

Insurance companies use various strategies to undervalue claims, including:

• Denying Responsibility: Insurers may dispute liability or argue that the pedestrian violated traffic laws.
• Undervaluing Non-Economic Damages: Emotional distress and pain and suffering are harder to quantify, giving insurers an opportunity to offer lower settlements.

Proving Non-Economic Damages

Non-economic damages, such as pain and suffering, are often the most challenging to prove. Demonstrating the psychological and emotional toll of pedestrian accidents requires detailed documentation and, in some cases, testimony from medical or psychological experts.

Time Limits for Filing Pedestrian Accident Claims in Los Angeles

California imposes specific time limits, known as the statute of limitations, for filing personal injury claims, and failing to meet these deadlines can result in losing your ability to recover damages.

Statute of Limitations in California

For most pedestrian accident cases, victims have two years from the date of the accident to file a personal injury claim. This applies to cases seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.

However, if a government entity is involved—such as when the accident occurs due to dangerous road conditions or poorly maintained infrastructure—the deadline is much shorter. In such cases, victims must file a claim within six months of the accident. These stricter rules apply to any allegations of negligence by a municipality or public agency.

Delaying the filing of a claim can significantly weaken your case. Evidence such as traffic camera footage or witness statements may be lost over time, and memories of the accident can fade.

Additionally, insurance companies may question the validity of a delayed claim. Acting promptly allows your legal team to gather critical evidence, build a strong case, and ensure compliance with all filing deadlines.

Types of Recoverable Damages in a Pedestrian Accident Claim

Pedestrian accident victims may be entitled to several types of compensation depending on the circumstances of their case and the extent of their injuries. These damages generally fall into three categories: economic, non-economic, and, in some cases, punitive damages.

Economic Damages

Economic damages compensate for financial losses that can be directly quantified. These include:

• Medical expenses: Covers both immediate and future medical costs, such as emergency care, surgeries, physical therapy, and rehabilitation.
• Lost wages: Compensates for income lost during recovery. If the injuries result in reduced earning capacity, victims may also receive compensation for long-term income loss.
• Property damage: Reimbursement for personal property damaged during the accident, such as clothing, electronics, or assistive devices.

Non-Economic Damages

Non-economic damages account for the broader impact of an accident on a victim’s life. These include:

• Pain and suffering: Compensation for physical pain and discomfort caused by the injuries.
• Emotional distress: Addresses psychological harm, such as anxiety, depression, or post-traumatic stress disorder, resulting from the accident.
• Loss of quality of life: Applies to victims whose injuries prevent them from enjoying life or participating in activities they once enjoyed.

Punitive Damages

Punitive damages are rare and reserved for cases involving extreme recklessness or intentional harm.

For example, a driver who was under the influence at the time of the accident may face punitive damages. These are meant to punish the offender and deter similar behavior in the future.

How a Pedestrian Accident Attorney Can Help

Navigating a pedestrian accident claim can be overwhelming, especially for victims recovering from severe injuries. Hiring a qualified attorney provides numerous advantages, ensuring the process is handled efficiently and effectively.

Professional Guidance

A pedestrian accident attorney has extensive knowledge of California’s legal system and the specific requirements for cases in Los Angeles.

They ensure all filing deadlines are met and handle the intricacies of building a strong case, from gathering evidence to negotiating with insurance companies.

Maximizing Compensation

Experienced attorneys know how to counter tactics used by insurance companies to undervalue claims. They work to secure compensation that reflects the full extent of your damages, including medical bills, future care needs, lost wages, and pain and suffering.

Reducing Stress

An attorney handles all legal aspects of your claim, including paperwork, evidence collection, and communication with the insurance company. This allows victims to focus on their recovery without the added burden of navigating the legal process.

Contingency Fee Arrangements

Most pedestrian accident attorneys work on a contingency fee basis, meaning you pay no upfront costs. Attorneys only receive payment if they win your case, making legal representation accessible to all accident victims.

Frequently Asked Questions (FAQs)

What if the driver fled the scene (hit-and-run)?
If the driver fled the scene, you may still be able to recover compensation through uninsured motorist coverage, if available. An attorney can also help investigate the accident using traffic camera footage, witness statements, and other evidence to identify the at-fault driver.

Can I still file a claim if I wasn’t in a crosswalk?
Yes. While crossing outside a designated crosswalk may affect liability under California’s comparative negligence rule, you can still pursue a claim. Your compensation may be reduced based on your percentage of fault.

How long does it take to resolve a pedestrian accident claim?
The timeline varies depending on the complexity of the case. Claims involving severe injuries or disputes over liability may take several months to over a year to resolve. Many cases settle out of court, but if litigation is necessary, the process may take longer.

Will my case go to court?
Most pedestrian accident claims are resolved through settlements with the insurance company. However, if a fair settlement cannot be reached, your attorney may recommend filing a personal injury lawsuit and taking the case to court.

What if I’m an undocumented immigrant—can I still file a claim?
Yes. California law allows all accident victims, regardless of immigration status, to file a claim for damages. Immigration status does not affect your right to seek compensation for medical expenses, lost wages, and other damages.

Contact a Los Angeles Pedestrian Accident Attorney

If you’ve been involved in a pedestrian accident in Los Angeles, reaching out to a skilled lawyer can make all the difference. At Countrywide Trial Lawyers, we’re dedicated to helping you navigate the legal challenges that follow such a traumatic event. Whether you’ve suffered minor injuries or serious harm, our experienced team is here to listen, support, and fight for your rights.

Don’t wait to get the help you need. The sooner you reach out, the better we can protect your interests and build a strong case on your behalf. Contact a Los Angeles pedestrian accident attorney by calling 844-844-9119 today. We offer a free consultation to discuss your situation and explore your legal options. Take the first step towards justice and peace of mind today.