Car vs. Pedestrian? Here’s How to Handle It in California

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In California, pedestrians and vehicles share the road, and while both have certain rights and responsibilities, accidents involving pedestrians and cars can still happen. Pedestrian accidents are unfortunately common in cities across California, including Canoga Park, a neighborhood in Los Angeles. If you’ve been involved in a car vs. pedestrian accident, it’s crucial to understand your rights and how to handle the situation. Whether you are the driver or the pedestrian, knowing what to do after such an accident can make a significant difference in your recovery process.

In this blog post, we’ll walk you through the steps to take if you or someone you love has been involved in a pedestrian accident in Canoga Park. We’ll also provide insight into the legal process and explain how a Canoga Park pedestrian accident lawyer can help you navigate the complexities of your case.

Understanding Pedestrian Accidents in California

California is known for its warm weather, bustling cities, and heavy traffic. Unfortunately, this combination also makes the state a hotspot for pedestrian accidents. According to the California Office of Traffic Safety, pedestrian fatalities have been on the rise in recent years, with Los Angeles County—where Canoga Park is located—reporting a significant number of these accidents each year.

Pedestrian accidents can occur at any time and in various circumstances. Common causes include:

• Jaywalking: Pedestrians crossing the street outside of a designated crosswalk or against the light.
• Distracted Driving: Drivers not paying attention to the road due to texting, using a phone, or other distractions.
• Speeding: Drivers who exceed the speed limit may not have enough time to react to a pedestrian crossing the road.
• Failure to Yield: Drivers failing to yield to pedestrians at crosswalks, a violation of California traffic laws.
• Poor Visibility: Pedestrians being hit by vehicles at night or in poor weather conditions when they are harder to see.

When a car collides with a pedestrian, the injuries can be severe. Pedestrians have no protection in the event of an accident, which often results in fractures, traumatic brain injuries, spinal cord injuries, and, in some cases, fatalities. For this reason, if you are involved in such an accident, seeking immediate medical attention and legal advice is crucial.

Steps to Take Immediately After a Pedestrian Accident

If you are involved in a car vs. pedestrian accident in Canoga Park, it’s important to take the right steps right away. The following actions will help protect both your health and your legal rights:

1. Ensure Safety and Call Emergency Services
   First, make sure everyone involved is safe. If possible, move to a safe location, but if the pedestrian is injured, avoid moving them unless they are in immediate danger. Call 911 and request medical assistance for any injuries.
2. Gather Evidence
   If you are physically able, gather information at the scene. This includes taking photos of the accident scene, the vehicle, and any injuries sustained. Also, make note of the weather conditions, traffic signals, road signs, and anything else that may be relevant. Collect contact details of any witnesses, as their testimony may be crucial for your case.
3. Do Not Admit Fault
   Whether you are the driver or the pedestrian, avoid making statements that could imply you are at fault. In California, even if you feel responsible, it’s essential to allow the legal process to determine liability.
4. Contact Your Insurance Company
   If you are the driver involved in the accident, report the incident to your insurance company as soon as possible. If you are a pedestrian, you might have the option to file a claim with the at-fault driver’s insurance policy or use your own health insurance for medical coverage. In some cases, California’s no-fault system may allow for compensation for medical expenses through your insurance.
5. Seek Medical Attention
   It’s vital for anyone involved in a pedestrian accident to see a doctor, even if they don’t feel injured right away. Some injuries may not manifest immediately, and having a medical record will help establish the severity of the accident.
6. Consult a Pedestrian Accident Lawyer
   Whether you’re a driver or pedestrian, it’s wise to seek legal counsel from an experienced Canoga Park pedestrian accident lawyer. They will help you understand your rights, investigate the accident, and work on your behalf to secure the compensation you deserve.

Why You Need a Canoga Park Pedestrian Accident Lawyer

Dealing with the aftermath of a pedestrian accident can be overwhelming. You might be facing physical pain, emotional trauma, mounting medical bills, and lost wages from being unable to work. A skilled Canoga Park pedestrian accident lawyer can help ease some of these burdens by guiding you through the legal process and advocating for your rights.

Here’s how an experienced lawyer can help:

1. Determining Liability
   California is a comparative negligence state, meaning that fault for an accident can be shared between multiple parties. A pedestrian accident lawyer will conduct a thorough investigation to determine who was at fault. They may examine traffic laws, witness statements, and evidence to establish liability.
2. Handling Insurance Companies
   After an accident, you’ll likely have to deal with insurance companies. These companies may try to minimize their payouts or deny your claim altogether. A lawyer can handle all communications with insurance companies on your behalf, ensuring you don’t say anything that could hurt your case and that you receive fair compensation for your injuries.
3. Calculating Damages
   A lawyer can help you calculate all the damages you are entitled to, including medical expenses, lost wages, pain and suffering, and future medical care if necessary. They will ensure that you’re not shortchanged in the compensation you receive.
4. Negotiating a Settlement
   Most pedestrian accident claims are settled out of court. Your lawyer will negotiate with the other party’s insurance company to reach a fair settlement. If an agreeable settlement cannot be reached, your lawyer will be prepared to take your case to trial to fight for your rights.
5. Providing Emotional Support
   Dealing with the aftermath of an accident can take a toll on your emotional health. A compassionate lawyer will not only fight for your rights but will provide support during a challenging time.

The Legal Process in Pedestrian Accident Cases

If you decide to pursue legal action after a pedestrian accident in Canoga Park, your lawyer will guide you through the legal process. This typically involves:

1. Filing a Claim
   Your lawyer will file a personal injury claim on your behalf, explaining the facts of the case and your injuries. This claim will be sent to the insurance company or the at-fault driver’s attorney.
2. Negotiations
   Before a lawsuit is filed, the parties will usually attempt to settle the case. Your lawyer will work to negotiate a fair settlement.
3. Filing a Lawsuit
   If a settlement can’t be reached, your lawyer may file a lawsuit. The case will proceed to court, where both sides will present their arguments, and a judge or jury will make a determination.
4. Trial and Judgment
   If your case goes to trial, the court will determine the fault and the amount of compensation you are entitled to.

Conclusion

If you’ve been involved in a pedestrian accident in Canoga Park or anywhere in California, you don’t have to face the aftermath alone. Seeking medical attention, understanding your rights, and consulting with a skilled Canoga Park pedestrian accident lawyer will significantly improve your chances of securing the compensation you deserve. Whether you are a pedestrian or a driver, it’s essential to approach the situation with a clear understanding of the law and how to protect your best interests.

By working with an experienced lawyer, you can focus on healing while they handle the legal complexities, helping to ensure that you get the justice and compensation you deserve after a car vs. pedestrian accident.