A 69-year-old man is dead after a Mustang fatally struck him as he tried...
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Everyone is a pedestrian at one time or another. So, everyone knows the vulnerability these people feel when they cross the street. However, not everyone knows the serious injuries pedestrians sustain in traffic collisions. Catastrophic or fatal injuries are almost inevitable if the tortfeasor (negligent driver) is traveling faster than 40mph at the time of impact. The pedestrian death rate is over 60 percent in these situations. Also, more than 40,000 people lose their lives in road traffic crashes across the U.S. each year and pedestrians are among the most vulnerable.
Street design often contributes to the vulnerability mentioned above. To quickly move vehicle traffic, most Southern California streets have multiple, wide lanes and short red lights. Pedestrians with any mobility impairments whatsoever usually cannot cross the street before the light changes. Additionally, police officers often don’t aggressively enforce traffic laws.
Civil engineers and police officers often neglect their duty to protect everyone on the road, whether the individual rides on four wheels or walks on two legs. The Pedestrian Accident Lawyers in California at the Law Offices of Eslamboly Hakim often pick up the slack. Forcing tortfeasors to compensate for the injuries they negligently cause is the best and, usually, the only way to protect vulnerable pedestrians.
Driver error, usually operator impairment or aggressive driving, causes over 90 percent of pedestrian accidents in California. We all commit driving mistakes every time we get behind the wheel. If these errors cause injury, a Los Angeles Pedestrian Accident Attorney can obtain substantial compensation for serious injuries, such as head injuries, broken bones, and internal injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Driver Fatigue
Failure to Look
Driving under the influence
Speeding
Distracted driving
The Finishing Touches
A minimum negligence case, like the ones outlined above, usually generates minimum results. A Los Angeles personal injury Attorney must go the extra mile and anticipate insurance company defenses, such as comparative fault, to obtain maximum compensation.
This defense, which often applies in intersection pedestrian accident claims, basically shifts blame for an accident from the tortfeasor to the victim.
For example, if the victim crossed the street against the light, insurance company lawyers may claim the “jaywalking” victim “darted out into traffic,” and the tortfeasor couldn’t avoid the pedestrian accident.
But, as mentioned, all drivers have a duty of care to avoid accidents, regardless of what a victim does or does not do.
In such situations, jurors must apportion responsibility 50-50, 80-20, or according to what they feel the evidence dictates. California is a pure comparative fault state. Therefore, even if the tortfeasor was only 1 percent responsible for the wreck, the victim is entitled to a proportionate share of compensation.
Going the extra mile also means partnering with a personal injury lawyer who handles the entire claim process, from collecting evidence to dealing with insurance companies.
Contact an experienced Pedestrian Accident Attorney in California at the Law Offices of Eslamboly Hakim for advice on what to do after a pedestrian accident. Our team can provide the peace of mind and support needed throughout the complicated legal process so you can focus on healing. Reach out to us today for a free consultation.
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