Pedestrian injuries and even deaths are not uncommon in densely populated cities like Los Angeles. If injured in such an accident you have the right to claim compensation for the expenses associated with treating the injuries but, as a plaintiff, you will have to prove that the defendant is at fault.
The Californian law uses the pure comparative negligence rule. This means that even if you, as a pedestrian, were found to be at fault for the accident you may still recover some amount of compensation.
One of our Los Angeles personal injury attorneys can help you assist you after you have decided to make a formal claim against the party that caused the injuries.
Evidence in pedestrian accidents
The evidence is very important when proving a pedestrian accident that took place in Los Angeles or in another Californian city. It can be used both for negotiating with the insurance company and in court if you decide to take legal action against the defendant.
Examples of useful evidence include:
- police reports;
- eyewitness statements;
- pictures or videos of the accident;
- medical records;
- expert witnesses testimonies, if applicable.
Wrongful death cases will also rely on helpful evidence for proving who was at fault for the accident. If someone you love died as a result of a pedestrian accident, a personal injury lawyer can help you make your claim.
Our lawyers invite you to watch the following video for more information on pedestrian accidents:
Proving negligence in pedestrian accidents
While it is usually clear to determine if the pedestrian was the victim of a speeding or drunk driver, in some cases negligence will also be determined according to the pedestrian’s actions. An important consideration arises if the individual was jaywalking or if he was distracted. In pedestrian accidents that involve children, the defense will also look at how or if the child was supervised at the time of the accident.
The usual statute of limitations for pedestrian accidents is two years from the date of the injury. In cases that involve government entities, the period is shorter and a Los Angeles personal injury attorney can help you deal with the different requirements in this case.