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The Numerous Factors Of Pedestrian Accidents

Thursday, October 12, 2017

A Collection Of Possible Causes

So many factors have been known to cause pedestrian accidents. While the injured pedestrian is not always negligence-free, all details of the incident are important to consider. Multiple parties are occasionally liable for pedestrian accidents. For example: 

  • The role that the driver of the vehicle played. Was excessive speed involved? What about the all-too-common "driving under the influence" of alcohol and/or drugs?
  • Was the vehicle itself defective, causing the accident?
  • Were the lighting conditions inadequate for safe roadway or pedestrian traffic use? Is the city or municipality liable to any degree?
  • Had the road condition deteriorated enough so that safe driving was difficult?  

A Collection Of Possible Damages

Just as there can be multiple causes of pedestrian accidents, so too the repercussions for the victim can be many and long-lasting. For example:

  • Severe injuries sometimes prevent a victim from ever resuming their vocation, and even destroy the chance of many career choices.
  • At times, reconstructive surgery is needed to make the victim "whole" again.
  • Sadly, premature death is often linked to serious injuries a pedestrian has suffered. 
  • When the quality of life of an injured pedestrian is clearly damaged or permanently ruined, compensation is called for. 
  • Certain issues an injured pedestrian deals with physically will require round-the-clock medical care. Maybe permanently.

Some pains and problems are instantly obvious, but some may take weeks, months, or years to reveal themselves. Certainly reason enough to seek competent legal representation. 

Have you been hurt in a pedestrian accident? Then contact us immediately to receive fair compensation. Benefit from our 30 years of experience! 


Can the Pedestrian be at Fault in an Accident?

Thursday, June 15, 2017

Typically when we think of pedestrian accidents, we somehow think that the car or other vehicle that was involved was strictly at fault and the pedestrian is the victim. This belief is typically because the pedestrian is often hurt much worse than the other party, but could they be to blame for their own accident?

Short answer? Yes, the pedestrian can be partly or wholly at fault for a pedestrian accident.

When determining the fault of a pedestrian accident, much of the proof will need to come from witnesses. Some circumstances, like where the pedestrian was clearly jaywalking, are pretty clear cut. However, if they were struck at a crosswalk, there will need to be someone who can attest that the pedestrian did or did not have the sign to cross. Pedestrians can even be at fault if they were intoxicated during the accident since that impairs their overall judgment.

However, in many cases, both parties share the blame. The driver may have been intoxicated and the pedestrian may have tried to chance it and cross the street on the do not cross sign. In most states, these cases are handled by comparative negligence, in which the injured person’s damages are reduced by a percentage equal to the share of their fault.

If you have been in a pedestrian accident, whether you are driver or pedestrian, and believe that the other party is at least partly to blame and you aren’t getting your justice, contact us today. The Law Office of Freeman & Freeman is ready to fight for your rights.

Is Dangerous Roadway Design a Key in Pedestrian Accidents?

Monday, November 28, 2016

While many outside the city don't realize it, but Los Angeles is one of the most dangerous cities for pedestrians. Fatal pedestrian accidentsare almost a weekly event in the city, and it has residents questioning something that pedestrians in all major cities should be questioning - is roadway design to blame?

Most roadways are designed strictly for the ease of use of motor vehicles, however with more people choosing to walk or cycle through their neighbourhoods; it may not be feasible to leave roads as they are. In Los Angeles, as only one example, many drivers are focused on beating oncoming traffic when turning, failing to yield to pedestrians. This leads to those crossing the street, even with the right away, to scramble out in front of cars that are trying not to get hit by other cars themselves. Safety advocates throughout major metropolitan areas believe that better road design, speed reductions, and landscaping can help cut down on fatal pedestrian accidents significantly.

However, pedestrian safety is a give and take. Pedestrians must limit themselves to areas of the road specifically put there for their use, such as sidewalks and crosswalks, but cars must also exercise caution and yield to the right of way that pedestrians hold.

For those who have already been injured by a vehicle while observing their right to cross the road, if it was due to poor road way design, you may not only have legal recourse against the driver, but the city as well. You may be able to seek compensation for a number of damages. If you have been the victim in the Los Angeles area, contact us today.

Understanding Pedestrian Accidents: Do Pedestrians Always Have The Right-Of-Way?

Thursday, August 11, 2016

California vehicle codes grant pedestrians a great deal of protection, to the point that a popular belief has developed that pedestrians always have the right of way in traffic in the state regardless of the circumstances. This isn't always the case, however. While pedestrians usually have the right of way, they are also expected by the law to exercise the same caution and courtesy that drivers do.

Let's look at some potentially questionable situations. One such situation would be when there is a crosswalk in the middle of the street with no light or sign controlling traffic present. Vehicles are required to yield to pedestrians in these crosswalks according to Vehicle Code 21950. However, the code immediately goes on to state that the pedestrian has a responsibility to exercise due care for their safety, and gives the specific example of a pedestrian jumping off the curb immediately in front of a car as a case where the pedestrian could be found to be responsible for their own injury.

Another example is when a pedestrian chooses to walk across a street that does not have a crosswalk. The code that covers these instances is Vehicle Code 21954. Contrary to popular belief, pedestrians do not have the right of way outside of an established crosswalk. They are required to yield to all oncoming traffic that is near enough to present a potential hazard. However, drivers still have a responsibility to exercise due care for a pedestrian in any roadway; their being outside of a crosswalk is not a free license to get away with hitting them!

Though some pedestrians may believe that California law grants them a right to jaywalk, that just isn't the case and it is very possible to get ticketed for it. For both drivers and pedestrians, common sense and caution should always rule the day at any street crossing.

If you have been involved in a traffic accident and feel you may need the services of an attorney, contact us to learn what your options are and what we can do for you.

Los Angeles Pedestrian Accidents: Who Will Enforce Your Rights?

Thursday, February 25, 2016

It's a nightmarish scenario: you're walking or running when you are hit by two tons of moving metal. Whether you saw the vehicle coming or not, you didn't stand a chance against it. You now have physical injuries that may keep you from work for a few days, months or even years. The emotional trauma can be even worse, leaving long-lasting scars on the inside.  

Unfortunately, accidents involving pedestrians are all too common. A February 2015 LA Times story reported that California led the nation for pedestrian accidents for the second year in a row.

There are many reasons for pedestrian accidents; many involve inattentive drivers or drivers operating while under the influence of alcohol or drugs. Others accidents are just that: accidents, and in some cases, you may feel partially responsible. But, whatever the cause, these types of accidents invariably involve medical evaluations and treatment for injuries. 

Whether your injuries were relatively minor or more severe, a consultation with a personal injury attorney is a critical next step. You have rights under the law, and by engaging an experienced law firm, you will have a team of experts working to enforce those rights. Pedestrian accidents are almost always complex, and no two cases are exactly alike.

Rather than accepting a driver's or an insurance company's initial offer of settlement, you owe it to yourself to ensure the offer is fair and appropriate based on the circumstances.  

If you or a loved one was involved in any type of pedestrian accident, contact us for a free consultation. You won't pay a penny in legal fees unless we win your case and get you the compensation you deserve.  


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.