Westlake Village Pedestrian Accident Lawyer

Getting hit by a car or other motor vehicle while on foot, skates, or riding a skateboard can lead to loss of life and serious injuries. You could hold a motorist financially responsible for injuries you suffered as a pedestrian. However, the claims process can be complicated; insurance companies for at-fault drivers and other responsible parties are often uncooperative.

Contact a Westlake Village pedestrian accident lawyer for help pursuing compensation from the parties responsible for your injuries. An experienced personal injury attorney could explain your legal alternatives and help you obtain a favorable settlement.

Drivers Are Often Responsible for Pedestrian Accidents

Drivers have a legal duty to check their surroundings and avoid injuring others, but often fail at this. A driver demonstrates negligence when they do not use reasonable caution to prevent an accident and causes harm to others.

Pedestrian accidents often happen at intersections when a driver makes a turn without noticing a pedestrian crossing the road. Pedestrians sometimes get hit by vehicles in parking lots when a driver pulls into or out of a space. People running, skating, or skateboarding might get hit by drivers who are speeding, using their phones, or otherwise distracted.

An attorney in Westlake Village could investigate a pedestrian accident to identify all the parties whose negligence might have contributed to it. There are often multiple responsible parties, and each could be held liable for their part. For example, in a pedestrian accident, responsible parties might include the driver, vehicle manufacturer, the driver’s employer if they were working at the time, and even a bar or restaurant if alcohol was a factor. If poor road conditions or inadequate street lighting contributed to the accident, the local government could be liable.

A Pedestrian’s Conduct Could Impact Their Compensation

California law follows the pure comparative negligence doctrine, which requires a judge or jury to consider the claimant’s conduct. If the claimant was partially at fault, the judge or jury will allocate responsibility and reduce the claimant’s compensation accordingly. In other words, if they find the claimant 20 percent responsible for their injuries, the claimant collects only 80 percent of their losses.

This doctrine can significantly affect pedestrian accident cases. There are multiple laws governing pedestrian conduct, including California Vehicle Code §21956, which requires pedestrians to walk on the far left side of the road facing traffic and use crosswalks when they are available. When a pedestrian fails to obey these laws, they may be held partially responsible for an accident.

A pedestrian also could be responsible for an accident if they were intoxicated or high at the time. A Westlake Village lawyer could present evidence showing the driver was primarily at fault for the crash, but the pedestrian’s impairment is likely to influence the compensation they receive.

Follow the Statute of Limitations

An injured person must file a lawsuit against the negligent parties within two years of the incident that caused the injury. When the injured person is a child, their parent or guardian could sue on their behalf within two years. Alternatively, the child could bring a lawsuit within two years of turning 18.

Sometimes, the state or a local government is partially responsible for these accidents. For example, if a broken streetlight was a factor in the incident or the driver was a state employee on duty at the time, the government may be liable. When a government entity or agency is potentially liable, the injured person must file a notice of claim within six months of the incident or lose their right to seek compensation.

An injured pedestrian preserves their rights against all potentially liable parties by engaging a Westlake Village lawyer immediately after the incident. The legal professional could identify the responsible parties, submit the appropriate notice on time, and assist the injured person in managing contacts from insurers and others.

Reach Out to a Westlake Village Attorney After a Pedestrian Accident

Pedestrian accidents often cause severe injuries, and you need time and space to recover. Working with a Westlake Village pedestrian accident lawyer allows you to focus on healing while we deal with the insurance companies and other responsible parties. Call today to schedule your consultation and get started.