Burbank Pedestrian Accident Lawyer

According to the CDC 2020 report, over 7,000 pedestrians died from road crashes, with an estimated 104000 ER visits of pedestrians for non-fatal crash injuries in the US. A pedestrian accident occurs when a motor vehicle hits someone walking on foot. Pedestrians lack protection like someone in a motor vehicle and will likely sustain life-altering injuries in the unfortunate event of an accident.

At Avaness Law, we have years of experience managing Burbank pedestrian accidents. Our team will guide you on your claims to ensure you get fair compensation for your damages.

A pedestrian accident can occur in many ways in Burbank due to the following:

• Reckless driving
• Distracted driving
• Speeding
• Failure to stop at intersections
• Poor design and maintenance of intersections
• Pedestrian negligence
• Ignoring traffic lights and signals
• Driving under influence
• Unmarked crosswalks
• Inexperienced drivers

What to Do After a Pedestrian Accident

After a pedestrian accident, it is common for the persons liable to blame you for the accident. Taking necessary measures can help your case by establishing the negligent party and ensuring fair compensation. Hence, after a pedestrian accident, you should do the following:

• Call 911 immediately
• Stay at the accident scene until help comes
• Gather the names and contacts of the witnesses present
• Take photographs or videos of the accident scene
• Avoid making statements to drivers, insurance, or other third parties
• Seek medical attention
• Speak to a Burbank attorney before calling the insurance adjuster

Who is Liable in a Pedestrian Accident?

After a pedestrian accident, proving who is at fault can be challenging when there is no admission of guilt. The police will arrive at the scene to determine the party at fault by assessing the location, recording witness statements, and gathering data from medics on the pedestrian’s injuries. If the party at fault denies responsibility, contacting an experienced Burbank lawyer can help prove your case. To establish negligence, we will help you prove that the party at fault:

• Owed you a legal duty under the circumstances
• Breached their legal duty through action or inaction
• Caused the accident involving you as the plaintiff
• Harmed you as a result of the accident

All parties on the road should exercise reasonable care to prevent accidents. In the unfortunate event, the following parties can be legally liable for the damages:

• The driver of the vehicle that strikes you
• The party charged with maintaining the road, sidewalk, or parking lot where you were injured
• The pedestrian

A driver’s negligence is chargeable under the following circumstances:

• Distracted driving
• Ignoring traffic signs and signals
• Speeding
• Failure to signal while turning
• Failure to yield correctly to pedestrians at the crosswalks
• Driving under the influence
• Disregarding traffic and weather conditions

Negligence on the pedestrian is chargeable under the following circumstances:

• Entering traffic causing disruption
• Ignoring the walk signal at intersections
• Darting in front of a motor vehicle

Failure to Use Marked Crosswalks

Sometimes, the driver and pedestrian can be at fault, and the comparative negligence rule will come into play. In this case, the pedestrian’s compensation will be reduced by the percentage for which they are liable. For instance, if the pedestrian is 20% responsible for their accident, their compensation will be 80%.

Lastly, negligence can also involve the local municipality, and the government will be liable for compensation. If the traffic stop lights or signs fail, or the road is poorly maintained, contributing to the pedestrian accident, the city will be liable. If you believe the other party contributed to your accident, talk to our experienced Burbank attorneys, and we will guide you on your case.

Vulnerable Groups in Pedestrian Accidents

According to the CDC statistics, the elderly, above 65 years, formed 20% of pedestrian accident deaths in 2020. Children under 15 years are also at high risk of pedestrian accidents.

Types of Pedestrian Injuries in Burbank

As we stated earlier, a pedestrian lacks the protection a person in a motor vehicle has. They will likely sustain severe injuries in an accident, including:

• Lacerations
• Fractures
• Spinal cord injuries
• Brain injuries
• Paralysis
• Loss of limbs
• Brain injuries

Compensation After a Pedestrian Accident

You are entitled to a personal injury claim if you get involved in a pedestrian accident and sustain serious injuries. A pedestrian accident lawyer from Avaness Law will help you in seeking compensation. Here are some of the compensations you may be entitled to;

• Medical bills: These include the past, present and future expenses to aid your recovery. Medical bills include ambulance costs, emergency room visits, surgery, hospitalizations, medical devices, and therapies.
• Lost wages: Severe injuries after a pedestrian accident will force you to take leave from work. If unable to return to your job due to physical limitations, you can claim damages for the loss of your earning capacity.
• Pain and suffering: While there is no standard for measuring pain and suffering, our Burbank attorney will advocate for your compensation and come up with an acceptable monetary sum for the insurance adjuster to pay.
• Loss of normal life: If the injuries from your pedestrian accident limit you from your daily activities and life’s pleasures, you can claim compensation for the loss of enjoyment of life. Also, where the accident hinders you from providing your spouse companionship, they can file for loss of consortium.

WE ALSO OFFER THE FOLLOWING PRACTICE AREAS:

• Auto Accident
• Assault and Battery Charges
• Dog Bite
• Slip and Fall
• Truck Accident
• Workplace Injury
• Motorcycle Accident
• Bicycle Accident
• Brain Injury
• Bus Accident
• Uber and Rideshare Accident

Frequently Asked Questions For Burbank Pedestrian Accidents

What is a pedestrian accident?

A pedestrian accident occurs when a vehicle strikes a pedestrian, causing injury or death. Pedestrian accidents can happen in a variety of circumstances, including crosswalks, sidewalks, parking lots, and residential streets.

What are the common causes of pedestrian accidents?

Some common causes of pedestrian accidents include distracted driving, speeding, failure to yield to pedestrians, drunk or impaired driving, and poor visibility due to weather or lighting conditions.

What should I do if I am involved in a pedestrian accident?

If you are involved in a pedestrian accident, your first priority should be to seek medical attention for any injuries. It’s also important to gather information from the driver of the vehicle, including their name, contact information, and insurance information. If possible, take photos of the scene, including any damage to the vehicle and your injuries. Finally, contact a Burbank pedestrian accident lawyer as soon as possible to discuss your legal options.

Can I file a lawsuit if I am injured in a pedestrian accident?

Yes, you may be able to file a personal injury lawsuit if you are injured in a pedestrian accident. Your Burbank pedestrian accident lawyer can help you determine if you have a viable claim and can guide you through the legal process.

What damages can I recover in a pedestrian accident lawsuit?

If you are successful in your pedestrian accident lawsuit, you may be able to recover damages for a variety of losses, including medical bills, lost wages, pain and suffering, and emotional distress.

How much does it cost to hire a Burbank pedestrian accident lawyer?

Many personal injury lawyers work on a contingency fee basis, which means that they do not charge any fees upfront and only get paid if you win your case. If you do win, the lawyer’s fee is typically a percentage of the total recovery.

How long does it take to resolve a pedestrian accident lawsuit?

The length of time it takes to resolve a pedestrian accident lawsuit depends on a variety of factors, including the complexity of the case and the willingness of the parties to negotiate a settlement. Some cases may be resolved in a matter of months, while others may take several years.

What should I look for in a Burbank pedestrian accident lawyer?

When choosing a pedestrian accident lawyer, it’s important to look for someone with experience handling similar cases, a track record of success, and a reputation for providing personalized attention to clients. You should also choose a lawyer who is responsive to your questions and concerns and who you feel comfortable working with.

Can I still file a lawsuit if the driver who hit me was uninsured?

If the driver who hit you was uninsured or underinsured, you may still be able to file a lawsuit and recover damages from other sources, such as your own insurance company or a third-party defendant.

How can a Burbank pedestrian accident lawyer help me?

A Burbank pedestrian accident lawyer can help you navigate the legal process, including filing a lawsuit, negotiating with insurance companies, and advocating for your rights in court. Your lawyer can also help you gather evidence to support your claim, calculate your damages, and advise you on your legal options. With the help of a skilled pedestrian accident lawyer, you can increase your chances of obtaining the compensation you deserve for your injuries and losses.