Maison Law represents pedestrian accident victims across Los Angeles. For many people in Los Angeles, running gives them a chance to enjoy the city’s beautiful climate and views while also getting exercise. But like any runner will tell you, there’s a lot of scenarios where you can be hurt, particularly in some of LA’s more high-traffic areas. When you’ve been hurt in an accident while out for a run, contact us for a free consultation to discuss your legal options.
Liability in Pedestrian Versus Car Accidents
When there’s a pedestrian versus car accident in Los Angeles, someone is going to be legally responsible, or liable. Now, that can be a variety of different people depending on the circumstances of the accident. But in cases where you’re on a run, you’re technically a pedestrian. Thus, when a car collides with you, the driver is usually going to carry most of the legal responsibility for covering your injuries and other damages because they will have acted “negligently.”
Every driver in Los Angeles owes a duty to others to operate their car in a safe way that prevents accidents at all times. This serves as the basis for determining negligence. Still, in a pedestrian versus car accident, there’s a number of other potentially liable parties:
- Other drivers
- Other runners or pedestrians
- Passengers
- Maintenance workers
- Car parts manufacturers
- Government agencies responsible for maintaining street lights
There’s also situations where you yourself could carry some of the blame. In legal terms, this is known as “comparative negligence.” If you dart out on the road, or are running without paying attention to the road and there’s an accident, your percentage of fault is going to factor into the outcome of your claim.
Ultimately, the circumstances of your particular accident are going to determine who is fully responsible for your injuries. But it’s also important to understand what steps you’ll need to take after the accident to protect yourself.
What Do You Need to Do After One of These Accidents?
Obviously, being in an accident as a runner against a car is going to be damaging. You will have virtually no protection against a moving car, with its metal frame and speed. That said, there’s certain actions you’ll need to take to protect your health and legal rights after the accident:
- Get to safety and assess your injuries – Again, if you’re involved in a car accident as a runner, you’re probably going to be hurt. If you’re able, pull yourself to a safe place off the road or along the sidewalk and assess the situation. If you’re seriously injured, ask for help from a bystander.
- Get medical attention – This usually goes without saying, but make sure to get medical attention immediately to take care of your injuries. You can do this either at the scene with emergency responders or, if possible, by going to an emergency room or urgent care if your injuries are less severe. This is an important step in documenting the accident and your medical needs.
- Speak to witnesses and gather evidence – Another thing that you should do, if you’re able, is to speak to any witnesses and get their accounting of the accident. Also, gather evidence by taking pictures of the scene with your phone–if your phone is broken or you don’t have it on you, call the police so they can respond. They’ll make an accident report and may gather some of this evidence for you.
Not surprisingly, this is a highly stressful situation, so if you forget or aren’t able to take these steps, you should consider speaking with our team of lawyers.
Do You Need a Lawyer?
There’s no legal requirement in California that says you need a lawyer to represent you in a claim. That said, especially in accidents where you’re running and hit by a car, your injuries and the resulting damage could be severe. In those cases, it can seriously help your cause to work with our team. Here’s how we typically approach these types of cases:
- Investigating the incident and gathering evidence – One of the first things we do is launch a comprehensive investigation into the accident. This will include examining your version of the event and gathering important evidence, witness statements, and your medical records.
- Legal guidance – There’s two main legal options here: filing an insurance claim or filing a personal injury lawsuit. Our team is experienced at both and can tell you what the best option is for your particular needs.
When it comes to your needs, you can rest assured that our approach and legal strategy will be built around how to get you the best possible outcome. Legal actions, no matter how strong they seem to be, are never guaranteed. But with our experience and dedication, we can build a strong case for you.
Damages in a Pedestrian Versus Car Accident
Nobody goes out on a run in Los Angeles expecting to be in an accident, yet they happen quite frequently. This is especially true in certain neighborhoods and areas of the city where there’s high traffic and a lack of infrastructure for you. But what ultimately sets these types of claims apart from others is the damage they cause you. The law tries to remedy this by allowing you to pursue damages from the responsible party to get some of these costs back. In a typical runner accident, damages can include things like:
- Medical expenses and ongoing care – The main economic recovery you can make relates to your medical expenses because of the accident. This includes treatment, therapy needs, and ongoing care or medical devices you will need.
- Lost income – If the accident leaves you unable to work or causes you to miss significant amounts of work, these damages attempt to cover that income loss.
- Pain and suffering – These damages cover the physical pain and mental suffering you go through because of the accident.
- Emotional distress – Much like pain and suffering, this category of damages relates to the emotional trauma and anxiety that the accident caused you.
- Loss of quality of life or companionship – These damages take into account how the accident impacts your quality of life and ability to contribute to your personal relationships. The more severe your injuries and changes to your life, the higher these potential damages will be.
- Punitive damages – In rare cases where the liable party was excessively negligent or acted with intention, you can recover punitive damages on top of the other damages. These are meant to punish the liable party.
Make sure to understand that in order to get these damages, you have to file your claim before the statute of limitations. This deadline is currently set at two years from the date of your accident. Missing this deadline means you won’t be able to file a claim. That said, working with our team will ensure that your claim is filed on time and you have a strong case for damages.
Trust Maison Law After a Los Angeles Pedestrian Accident
Being in a pedestrian accident while running is a tough and stressful experience in Los Angeles or anywhere else in California. At Maison Law, our team of skilled and experienced lawyers is here to help you get the benefits and support necessary for your recovery. Contact us for a free consultation, and place your trust in our team.
