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.
Causes of Pedestrian Accidents in Burbank
A pedestrian accident can occur in many ways in Burbank due to the following:
- Reckless driving
- Distracted driving
- 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
- 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:
- Spinal cord injuries
- Brain injuries
- 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.
Get Help From Our Avaness Law Attorneys
Pedestrian accidents, in most cases, are severe, causing life-changing impacts. Unfortunately, insurance companies are often unwilling to pay for their client’s negligence, and if they do, they settle on a lower amount to increase their profits. Hiring an Avaness Law attorney guarantees you fair compensation after a pedestrian accident to ensure you focus on healing. Contact us today to schedule your appointment.