The number of pedestrians has been continually increasing in Montebello and throughout California for several reasons including an effort to be greener, avoiding congested traffic,and avoiding parking problems. The increase in people choosing to skip the drive is a good thing, especially for the environment,but unfortunately as Montebello accident attorneys know, the downside is that the number of pedestrian and bicycle accidents have been steadily increasing as well.
When pedestrian accidents occur, the defendant drivers and their insurance companies often argue that the pedestrian was at fault or at least partly at fault. And sometimes, injured pedestrians even wonder if they were in fact, partially at fault. The truth is that California pedestrian law can be a little complicated depending on the circumstances of the accident, however, even if a pedestrian was partially at fault, he or she is not barred from recovering from the defendant driver.
California comparative fault law generally provides that a plaintiff who is partially at fault for the accident may recover from a defendant who is also at fault and the plaintiff’s recovery will be reduced by the percentage of his or her fault. For example, if a plaintiff pedestrian was 10% at fault for a pedestrian accident in which she suffered $300,000 in injuries and the driver defendant was 90% at fault, the plaintiff’s $300,000 would be reduced by her 10% fault and she would be awarded $270,000.
Insurance companies can be very difficult when it comes to pedestrian accidents. If you are contacted by a driver’s insurance company, you do not have to speak with them and it is a good idea if you do not speak with them until you have consulted with an attorney. Insurance companies are contacting you with an agenda and it is not to check on your well being. They may contact you to get your version of the story, but they are also hoping that you will make statements that they can use against you in order to reduce the defendant’s liability.
They also may offer you a settlement, but they have designed that settlement offer with the goal of settling quickly and for as little as possible. Knowing the value of your claim is critical when negotiating with insurance companies and that is why an experienced pedestrian accident attorney is critical to see that you receive a full and fair recovery in any settlement offer that you may accept.
Not all pedestrian accidents involve motor vehicles. Some pedestrian accidents may include pedestrians being struck by an electric scooter, skateboarder, or falling debris from construction sites or building windows. Other accidents may involve dangerous conditions and poor maintenance on sidewalks and crosswalks.
If you have been involved in any type of pedestrian accident, contact a Montebello pedestrian accident attorney at The Hayes Law Firm to schedule a consultation. Our attorneys are pedestrian advocates who want to see that you receive the compensation that you deserve.
Walking down the street or crossing a road in Montebello or elsewhere in Los Angeles County can be quite dangerous. To protect their safety, pedestrians in California are required to watch out for motorists who neglect traffic rules.
Pedestrian accidents as usually associated with life-altering injuries and deaths because pedestrians are the least protected group of people on our roads. Most of the time, a car driver is held responsible for hitting a pedestrian, but sometimes a pedestrian may share liability for the accident.
If the other party is trying to shift the blame onto you, do not hesitate to discuss your case with a Montebello pedestrian accident attorney from The Hayes Law Firm. Do not let the negligent car driver escape liability or pay you less than you deserve.
Although about 80 percent of pedestrian accidents are caused by the driver of the vehicle that struck the pedestrian, there are many collisions where the poor design of the road or the location of the crosswalk causes or contributes to a pedestrian’s injury or death.
Generally, the city of Montebello or other government agency is responsible for not only maintaining public crosswalks but also designing public roads and highways. If a crosswalk or road is designed or constructed in a way that puts the safety of pedestrians at risk, the injured pedestrian may be able to bring forth a claim against the city or other government entity.
Talk to a skilled pedestrian accident lawyer in Montebello or elsewhere in Los Angeles County to determine fault in your particular accident. Let our lawyers investigate your case to find out whether there could be a problem with the crosswalk.
If your pedestrian accident occurred when you were not in a crosswalk, you might think that you will be barred from recovering damages. However, this is not necessarily the case. “Even if you were jaywalking or crossing the street outside of a crosswalk, the other motorist who caused you injury still had a duty of care to exercise due care and be reasonably vigilant for pedestrians,” says our Montebello pedestrian accident lawyer.
Each case is unique, which is why sometimes drivers can be sued for pedestrian injuries even when the pedestrian was not in a crosswalk at the time of the collision.
California is one of the pure comparative negligence states, which entitles persons to recover damages even if they were partially responsible for their injury. Therefore, for example, if you were not in a crosswalk at the time of your pedestrian accident, you can still obtain compensation proportional to the negligent driver’s percentage of fault.
Let’s say that a motorist was distracted at the time of the collision, which makes him 30 percent at fault while the percentage of your fault for crossing outside a crosswalk is deemed 70 percent. “As a result,” explains our Montebello pedestrian accident attorney, “you could be awarded $500,000 for your injury, which would then be reduced by 70 percent for a final award of $150,000.”
Discuss your case with our best pedestrian accident attorneys in Montebello and all across Los Angeles County. Call The Hayes Law Firm at 323-477-1415 to receive a free case evaluation today.
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At The Hayes Law Firm, APC, we serve all of Los Angeles and the Inland Empire, so whether you need a personal injury attorney in Montebello or a premises liability attorney in San Bernardino, we are here to serve you. Unlike other attorneys who view clients as cases, we understand that your experience has a human story behind it, and when you are in our offices, you are like a member of the family. We are ethical and compassionate, and we will take the time to find the best solution for your unique case and will work together with you every step along the way. Contact us today for a free consultation.