You had just finished an amazing dinner of scallops and sea dabs on the Malibu Pier and were on your way back to your car, walking on the crosswalk, when someone blaring loud music and staring at their phone ran into you. Thankfully it was just a small car and wasn’t travelling too fast, but you still suffered serious injuries to your legs and a possible concussion. Your friend was uninjured and was able to take notes and snap photos of what happened, while also getting the errant driver’s contact information. So much for the perfect Friday evening.
If you have been hit by a car, truck or even motorcycle while on foot in Malibu, you’ll want to call a Malibu pedestrian accident lawyer at Walch Law as soon as you’re up to it. While calling a lawyer may not be at the top of your to do list while in pain it should be. Hiring us is easy, fast and free (we take all our cases on a contingency fee basis so you don’t pay anything until we get paid!). We have over 45 years of experience handling these types of personal injury cases for our Malibu clients and will work hard to get you the same great results we have gotten for so many of our happy clients in the past!
Liability for California Pedestrian AccidentsWhen you’re on foot, you’re particularly vulnerable to traffic. This is why motorists owe a considerably high “duty of care” to pedestrians. Owing someone a “duty of care” means having a legal responsibility to act in a way consistent with that of a “reasonable person.” A reasonable person would pay attention to pedestrians, knowing that people are going to be walking to and from the Malibu Pier parking lot. By failing to exercise this duty of care, they committed a breach. When this breach causes injuries, the injured party may file a claim for monetary damages (more on damages later).
Nearly all pedestrian accidents are the result of driver negligence (although on some rare occasions a motorist wilfully runs into pedestrians). The elements of a negligence claim are:
You were paying attention to traffic and made sure you crossed in the crosswalk, assuming the motorist would stop for you. They owed you a duty of care to yield to you but breached that duty, which led to the accident that caused your injuries. If you hadn’t suffered any injuries, then you wouldn’t be able to make a claim. Thanks to your note-taking, picture-snapping friend, you have some solid evidence to back your claim, not to mention dozens of witnesses. You’ll want to share all of that with your Malibu pedestrian accident lawyer as well.
What happens if you weren’t so innocent in your actions in a pedestrian accident? You still have a case. If you were jaywalking or distracted on your phone when you got hit, you can still get a considerable amount of money, it will just be reduced by the percentage fault is attributed to you. Don’t worry, we know how to argue down your role and up the other parties!
Damages for Pedestrian Injuries- How Much is Your Case Worth?The term damages pertains to the monetary claim for injuries suffered as a result of the defendant’s negligence. You were taken to the hospital by ambulance, treated in the emergency room, prescribed painkillers, and also received follow-up medical care. Additionally, you had to make modifications to your home and hire someone to help around the house until you get back on your feet. On top of that, you missed a lot of work. All of that really adds up.
But you also don’t know what the long-term impacts of your injuries will be. What if there are complications to your recovery that force you to walk with a cane or use a wheelchair indefinitely? If that were the case, it would affect your ability to get around and drive yourself to appointments. Maybe you’ll also have to scale back on how many clients you take on. In any event, injuries often have a ripple effect on multiple aspects of our lives.
Your lawyer will be able to help you sort all of this out. Some of the less-obvious damages stemming from a pedestrian accident may include (but aren’t limited to) the following:
Accidents happen; that’s just part of life. But when you’re injured from an accident that was caused by a negligent party, you have the right to seek fair compensation for your losses. Everyone’s situation is different, which is why you want a skilled attorney on your side who can apply the law to the facts of your case and get you the settlement you deserve. If you’ve been injured as a pedestrian, call the experienced legal experts at the Law Offices of Gary K. Walch, a Law Corporation today. We are ready to get started today!