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  • By: Shawn Gozarkhah, Esq.
A pedestrian lies injured in front of a car, depicting a Los Angeles pedestrian injury.

In this article, you will discover:

  • How fault is determined in a Los Angeles pedestrian injury.
  • Whether a pedestrian can be partially at fault and still recover compensation.
  • How damages are calculated in a Los Angeles pedestrian injury claim.

How Is Fault Is Determined Under Los Angeles Pedestrian Injury Laws?

The notion that a pedestrian always has the right of way isn’t entirely correct. However, as a pedestrian, you do have more leeway with the rules of the road than you would if you were in a car.

As a pedestrian, you’re not allowed to jaywalk. Still, if you’re jaywalking and a vehicle hits you, that doesn’t necessarily mean you’re at fault.

There are several avenues for pedestrians to obtain compensation for their injuries, even if they violate the laws governing pedestrian crossings. Even if you break the law by jaywalking, the other driver might be breaking the law by not paying attention to the road conditions, driving too fast or otherwise failing to avoid a potential incident.

Can A Pedestrian Be Partially At Fault And Still Recover Full Compensation?

Even if you’re jaywalking and partially at fault for not using a marked crosswalk or violating some other California vehicle code, there are still numerous ways for you to be made whole. Liability is only one part of the calculation of your claim; the other part is your damages.

Our office takes a holistic approach to liability and damages. We zealously represent our clients, especially those who are pedestrians and victims of personal injury.

How Are Economic And Non-Economic Damages Calculated In Pedestrian Injury Claims?

Damages are calculated in the same manner as they are for car wrecks. You have general damages, which include pain, suffering and inconvenience, and you have special damages, which are past, present and future medical bills.

There is no real difference between your recoverable medical bills, future medical care, pain and suffering and inconvenience when comparing a pedestrian versus an auto case. However, as a pedestrian, you’re certainly more susceptible to injury, and your economic and non-economic damages are likely to be higher in that scenario.

How Can A Personal Injury Lawyer Help Me Recover Maximum Compensation?

Communicating with an experienced personal injury attorney as early as possible is crucial. They will help you document your injuries through medical records, pictures and videos of bruising, bleeding, and scrapes to drive home how this incident changed your life.

Case Study: Where A Pedestrian Was Severely Injured And Facing Lifelong Challenges

We had a case where multiple witnesses reported a pedestrian darting across the street, seemingly out of nowhere. We received an unfavorable police report that listed our client, the pedestrian, at fault based on statements from the driver and witnesses, who claimed that there was nothing the driver could have done to avoid the incident.

After taking depositions from the police officers, witnesses and the defendant driver, it became clear that the driver could have taken specific steps to avoid the incident or mitigate its severity. That ultimately carried the day.

We didn’t stop there with the damages our client sustained. He essentially had to relearn how to walk. We leaned on the insurance company to tender their policy limits and not expose their insured to a crippling excess verdict.

Still Have Questions? Ready To Get Started?

For more information on pedestrian incidents in Los Angeles, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 337-5214 today.

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