If you have ever walked in or around the greater Los Angeles area, you should understand that, as a pedestrian, you have specific, codified legal rights and protections. For example, all motorists in California have a legal duty of care to watch for pedestrians and be cautious when approaching a crosswalk. Basically, this means motorists have a legal obligation to operate their vehicles in a reasonably safe manner when encountering a pedestrian. In addition to this general legal duty of care owed to pedestrians, there are also specific statutory rights afforded to pedestrians, including:
- While in a crosswalk, pedestrians in and around Los Angeles generally have the right of way, according to Vehicle Code § 21950(a).
- Pedestrians have the legal right to full and unimpeded use of sidewalks. This means that if a motorist crosses onto a sidewalk,the motorist must yield to a pedestrian, without exception.
- All pedestrians have the basic right not to be put in danger or injured by a negligent motorist.This means if a motorist is operating their vehicle recklessly, whether they were speeding, intoxicated, texting and driving, etc., then themotorist violated the pedestrian’s legal rights.
Financial Restitution for Your Harms and Losses
Pursuant to state law, an injured pedestrian possess the right to pursue financial restitution for their harms and losses through a personal injury claim. This claim should be filed against the negligent motorist who hit and injured the pedestrian. Though, it is important to understand that when you file a personal injury claim, you are typically not going to personally bankrupt an individual motorist. Instead, you are filing the claim against their auto insurance policy. In most instances, an injured pedestrian can pursue the following types of economic and non-economic damages through an injury claim:
- Reimbursement for the costs associated with emergency medical care;
- Reimbursement for costs associated with your ongoing medical treatment;
- Reimbursement the expenses related to your rehabilitative care (e.g. physical therapy);
- Reimbursement for your lost income;
- Damages for lost future earnings; and
- Pain, suffering, inconvenience, and other more ephemeral harms and losses.
Pursuing Damages for the Loss of a Loved One
If you have lost a loved one in a pedestrian or crosswalk accident caused by the negligent actions of a motorist, you have the ability to file a civil “wrongful death” lawsuit to hold the reckless motorist accountable for their actions, or inactions. When you file a wrongful death lawsuit, you can pursue the following types of compensatory damages:
- Reimbursement for the income that would have been provided by your lost loved one, if they were not involved in a fatal collision;
- Damages for the lost companionship, comfort, emotional support, and other traumas related to the sudden loss of a loved one.
Learn About Your Legal Options by Contacting an Experienced Los Angeles Car Accident Attorney Today
As noted, you have the ability to hold a negligent motorist accountable through a personal injury or wrongful death action. The best way to assess your legal options and learn what steps are needed to pursue financial restitution for your injuries and losses is by contactingthe highly experienced and reputable Los Angeles car accident attorney, Ramtin Sadighim.
If you are concerned about paying a large retainer fee, do not fret. The Law Offices of Ramtin Sadighim offers free, confidential case reviews to all prospective clients. We also operate on a contingency fee basis, which means we do not get paid unless and until you get paid. Contact our office today at 888.999.8744 for further information or to schedule a consultation or visit www.CaliAccidentAttorney.com to learn more.