Since you wanted a little more exercise than usual, you decided to ditch the golf cart and walk the course for a change. The 18-hole course at Woodland Hills Country Club is gorgeous and well-maintained, but you really worked up a sweat by walking it. While you were crossing Canoga Ave. on your way to the next hole, you didn’t hear the Tesla cruising along and approaching you from behind until it was too late. The driver slammed on the brakes once he finally noticed you, but rammed into you hard enough to cause injury. You suffered torn ligaments in your knee, along with minor bruises.
The driver didn’t appear to be intoxicated or looking at their phone while driving, but nevertheless should have been more aware (and perhaps was driving too fast). You’re not hurting for money, but you’re still owed compensation for your injuries and their impact on your quality of life. You’re well into your sixties and doctors say your knee probably will never be good enough to play golf again.
After getting proper medical attention, you’ll probably want to get in touch with a Woodland Hills pedestrian accident lawyer who will be able to get you the compensation you deserve. The following is a summary of how liability is determined for pedestrian accidents, how damages are determined, and more.
Determining Liability for Pedestrian AccidentsThe driver in the example above wasn’t intoxicated, as noted, and certainly didn’t intend to hit you or cause injury. But motorists must always yield to pedestrians, so the driver in the example above is likely liable for your injuries. They owed you a duty to obey the speed limit and watch out for pedestrians but breached that duty by driving too fast (just enough to affect their response time) and hitting you. They also should have realized that since electric cars are quiet, you didn’t even hear them approaching.
When someone breaches their duty of care, which is their legal obligation to others, they are negligent and thus liable for any injuries that result from their negligence. While their liability insurance likely will cover the costs associated with your claim, it’s often a good idea to consult with an attorney before proceeding with your claim. Insurance companies don’t have an incentive to pay your claim in full, so they often try to entice you with an early settlement that may not cover the real cost of your injuries.
Pedestrian Accidents and Compensation for InjuriesClaims for monetary compensation for your injuries caused by another party are referred to as damages. In addition to medical costs, home modifications (such as safety railings or wheelchair ramps), or lost wages, damages may also include claims for intangible losses such as pain and suffering, emotional injury, or loss of consortium (companionship, intimacy, etc.). In the example above, you might claim “diminished quality of life” if you’re unable to play golf again.
There’s no one-size-fits-all approach to injury cases, but your Woodland Hills pedestrian accident lawyer will help you calculate your damages. In many cases, a skilled and experienced attorney will help you recover damages you may not have even considered. Injury claims can’t turn back time, but they’re intended to recover for any losses you may have suffered as a result of the other party’s negligence or intentional act.
When the Plaintiff is Partially at FaultThere may be some situations where the injured party is at least partially responsible for their injuries. For example, if (referring to the example above) you suddenly jumped onto the roadway as the car was approaching, your reckless behavior could be considered a contributory factor. If the court decides that you’re 30 percent to blame, then you may only recover 70 percent of your claimed damages. This can still be a lot of money!
This is called the doctrine of pure comparative negligence, recognized by courts in California. This could also apply to situations involving multiple defendants (which often is the case). Some states use the doctrine of contributory negligence, in which even a 1 percent contribution to the accident can bar plaintiffs from recovering anything.
Get Expert Help From a Woodland Hills Pedestrian Accident LawyerInjury lawsuits are often contentious affairs and can get quite complicated. And since other parties have their own motivations and incentives to limit your compensation, it pays to have a legal professional working on your behalf. If you have been injured in a pedestrian accident, contact the seasoned professionals at the Law Offices of Gary K. Walch, A Law Corporation today.