When a pedestrian is hit by a speeding or out of control car, or other motor vehicles, serious and often fatal injuries are likely to be inflicted. While a certain percentage of pedestrian accidents happen on or near a designated crosswalk, often a pedestrian, jogger, or child just happens to be in the wrong place at the wrong time. The human body is no match for the metal frame and powerful engine of a car, truck, or another motor vehicle, so we stand little chance when involved in a collision with one.
Did you know that Los Angeles County is the worst in the nation in terms of pedestrian fatalities? This is believed to be due to the volume of traffic using the city’s roads, combined with a lack of safe crossing zones. In fact, California as a whole is the most dangerous state for those traveling on foot.
If you, or a loved one, have been injured in a pedestrian accident, an attorney from the Law Offices of Howard Kornberg could be your key to recovering maximum compensation, in respect of your medical expenses, lost wages, and more.
The Reality of Pedestrian Accidents in Inglewood, Los Angeles County
At the Law Offices of Howard Kornberg, our expert attorneys have over three decades of experience in successfully handling all manner of personal injury cases, including those relating to pedestrian accidents. During this time, we have become fascinated by the commonalities among accidents, and the statistics for each region we practice in. Some of the statistics we have found interesting recently include:
- California is the most dangerous state for pedestrians, with 352 fatalities in 2016
- Los Angeles County is the worst in California, ranking #1 with 265 of those deaths
- Los Angeles city’s fatal pedestrian accident figures increased by 80% between 2015 and 2017 alone
- 75% of fatal pedestrian accidents happen after dark
- 33% of those pedestrians are intoxicated at the time of their accident
- 20% of pedestrian fatalities happen at or near intersections
The most common types of Inglewood pedestrian accidents, and resulting injuries, encountered by our attorneys, include:
- Distracted or inattentive driving
- Hit and run accidents
- Traumatic brain injuries caused by collisions between a pedestrian and a motor vehicle
- Sidewalk accidents
- Crosswalk accidents
- Wrongful death
It may also be worth noting that, while pedestrian accident figures are increasing, so too are the number of people choosing to walk.
COMPENSATION FOR PEDESTRIAN ACCIDENT INJURIES
Since each pedestrian accident case is unique and many accident claims are settled in a hushed environment that is confidential and can’t be revealed, it can be difficult to determine an average settlement or verdict for this type of accident. However, it can be useful to understand the two main factors that go into reaching the point of negotiation of a settlement or winning a verdict in court. These include:
- The injuries sustained by the plaintiff as a result of the accident. The severity of injuries sustained during a pedestrian accident is the biggest determinant of the award received for damages and losses. In most cases, the more seriously the plaintiff’s injuries, the greater the award. Injuries that require a long recuperative time or that result in the plaintiff requiring long-term care or ongoing medical attention can garner much higher recovery amounts. It can also be the case that a less catastrophic injury yields a higher settlement figure, such as when losing a digit affects the ongoing employability of the plaintiff, based on the plaintiff’s profession at the time of the accident.
- Who will be held liable for the pedestrian’s injuries? In California, the doctrine of pure comparative negligence holds that the plaintiff in a pedestrian accident claim can recover damages even if it is determined that fault for the accident lies up to 99 percent with the plaintiff. The total damages incurred by the plaintiff are simply reduced by their fault share. For instance, if the plaintiff is awarded a settlement of $100,000, but found to be 50 percent at fault in their accident, then the award is reduced to $50,000.
Compensation in a pedestrian accident case in the state of California can include economic, noneconomic, and punitive losses. Economic damages form the basis of most claims. However, noneconomic damages and punitive losses may also play a big role in the value of a pedestrian accident claim.
Economic losses are generally easy to quantify. These losses are tangible and are a direct result of the plaintiff’s injuries. These usually include:
- Medical bills.
- Property damage.
- Lost income.
Noneconomic losses are intangible, and as a result, they can be quite subjective and harder to quantify. There is no standard value that can be placed on noneconomic losses, and the state of California places no caps on the number of economic damages a plaintiff in a pedestrian accident claim may be awarded. Noneconomic losses may include:
- Pain and suffering.
- Loss of enjoyment in life.
- Emotional distress.
- Mental anguish.
- Disfigurement and scarring.
- Disability or severe impairment.
Punitive damages are rarely awarded but are not unheard of in pedestrian accident cases. Damages of this type are meant to penalize the defendant and dissuade others from mimicking their actions. Defendants who are determined to have acted with malice or wanton disregard of human life or who behaved in a way that resulted in the intentional cause of harm to the plaintiff are sometimes assessed punitive damages.
Schedule Free Initial Consultation with a Pedestrian Crash Attorney
When you sustain serious or life-changing injuries due to the negligence or deliberately dangerous behavior of another, you could be entitled to recover compensation in respect of your pain and suffering, medical expenses, loss of earnings, and other associated costs.
To discuss your case with an experienced and skilled attorney capable of recovering the maximum amount of compensation available to you, call the Law Offices of Howard Kornberg today to arrange your free initial consultation. We can be reached at 310-997-0904.