If you were injured in a pedestrian accident in Tarzana, CA, there’s a good chance that you’re coping with injuries and related losses. Fortunately, you may be able to recover compensation for your damages. Our Tarzana pedestrian accident lawyers at JUSTICENTER Personal Injury Lawyers are here to handle your case. Contact us at 833-852-3600.
We’ll fight for you to recover compensation for all of your accident-related injuries.
Let us focus on your personal injury claim while you focus on your recovery and the things that matter most to you. To schedule a free consultation with a member of our team, contact our Tarzana, California office online or give us a call today!
How JUSTICENTER Personal Injury Lawyers Can Help After a Pedestrian Accident in Tarzana, CA
At JUSTICENTER Personal Injury Lawyers, we’ll put our considerable experience to work for you and help you recover the compensation you deserve in your pedestrian accident case. We have over 105 years of combined experience in personal injury law and have recovered hundreds of millions of dollars for our clients.
When you hire one of our pedestrian accident attorneys, we’ll help you navigate the complexities of the personal injury claim process.
Our Tarzana personal injury lawyers will take the following specific steps in your case:
- Review your case and discuss your options with you
- Evaluate the extent of your damages
- Collect evidence to support your claims
- Negotiate a favorable settlement with insurance providers, if possible
- Aggressively advocate for you in court if a fair settlement can’t be reached
To learn more about how our Tarzana pedestrian accident attorneys can help you, contact our office today for a free initial consultation.
How Common Are Pedestrian Accidents in Tarzana, CA?
Nationwide, there were an estimated 104,000 emergency room visits for pedestrians involved in a non-fatal accident in 2020. The following year, almost 8,000 pedestrians were killed in traffic accidents.
In California, there were over 14,000 non-fatal pedestrian accidents in 2018. That same year, 893 pedestrians were killed in accidents. The California Office of Traffic Safety reports that California’s pedestrian fatality rate is almost 25% higher than the national average. The Los Angeles area is the most dangerous area in California for pedestrians.
What Is the Value of My Tarzana Pedestrian Accident Case?
Every pedestrian accident case is different, and there are many different factors that will influence the value of your claim.
These include:
- The circumstances surrounding your accident
- The amount of your medical expenses
- The extent of any property damage you suffered
- The type and extent of any other damages you suffered
- Whether you were partially at fault for the accident
- The relevant insurance policy limits
As you can see, there’s no simple formula for calculating the value of your pedestrian accident claim. An experienced Tarzana personal injury attorney can review your case and discuss how these factors impact it.
What Kinds of Damages Are Available to Pedestrian Accident Victims in Tarzana, California?
In California, pedestrian accident victims can seek compensatory damages for their injuries. Compensatory damages are intended to return injured parties to the position they were in prior to the accident or injury. These damages can be divided into two main categories: economic and non-economic damages.
Economic Damages
Economic damages, as the name suggests, relate to the financial costs or burdens caused by an accident. They are also called special damages or tangible damages.
Economic damages include:
- Medical bills
- Property damage
- Transportation costs
- Lost wages
- Diminished earning capacity
- Out-of-pocket expenses
Most economic damages are straightforward to calculate. They often relate to a specific cost or transaction and can be proven with a receipt, invoice, or other form of documentation. However, anticipated expenses, such as future medical costs and diminished earning capacity, are more complex. Hiring an experienced Tarzana pedestrian accident attorney can make calculating your damages much easier.
Non-Economic Damages
Non-economic damages, in contrast, relate to the emotional or intangible costs associated with an accident or injury. For this reason, they are sometimes called intangible damages or general damages.
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Disability
- Diminished quality of life
- Loss of companionship or loss of consortium by a loved one
Non-economic damages are harder to calculate, as they are based on a victim’s subjective experience after an accident. If you’ve incurred non-economic damages, an experienced pedestrian accident lawyer can be instrumental in recovering fair compensation.
How Much Does It Cost to Hire a Pedestrian Accident Lawyer in Tarzana?
Typically, when you hire a personal injury attorney, you don’t have to pay any attorney’s fees upfront. That’s because most personal injury lawyers, including ours, are paid a contingency fee. This is a fee that is collected at the end of a case, but only if the attorney successfully recovers compensation for the client.
The contingency fee charged by most personal injury attorneys is a percentage of the client’s ultimate financial recovery. The attorney and client will agree on this percentage – often between 33% and 40% – at the beginning of the representation.
A contingency fee can be especially helpful for pedestrian accident victims who may be dealing with lost wages, large medical bills, and other unexpected costs. It allows anyone to secure legal representation, regardless of their financial circumstances. Additionally, because the attorney only gets paid if you do, you can trust that the attorney believes you have a winning case.
Can I Recover Compensation If I’m Being Blamed for a Pedestrian Accident in Tarzana, California?
It’s not unusual for a pedestrian to be partially blamed for an accident. The other party or the insurance company will want to shift blame away from themselves and, sometimes, the pedestrian was at fault. For example, if a pedestrian doesn’t look in both directions before crossing the street, the other party may argue that this makes them partly responsible for an accident.
California is a pure comparative negligence state, meaning you can still recover damages if you were partly at fault for an accident. However, your damages will be reduced in proportion to your percentage of the blame.
For example, suppose you suffered $10,000 in damages and were found to be 30% at fault in an accident, and the driver was 70% at fault. You could recover up to 70% of your damages, or $7,000.
While being found partly at fault is not a bar to financial recovery, it can greatly reduce the damages you’re able to receive. Consider hiring an experienced attorney to protect your interests if you’re being blamed for an accident.
What Causes Most Pedestrian Accidents in Tarzana, CA?
According to the Centers for Disease Control, major risk factors for pedestrian accidents include speed, location, and alcohol use.
When a vehicle is speeding, it increases the likelihood of hitting a pedestrian and causing a serious injury. However, many roads where pedestrian accidents occur have a higher posted speed limit, as well as destinations that attract pedestrians, such as stores and restaurants. This design conflict can be a major cause of accidents.
As for alcohol use, almost half of all pedestrian accidents in 2021 involved alcohol use by the driver or the pedestrian. About one in five involved a driver with a blood alcohol concentration (BAC) of 0.08 or more, and about one in three involved a pedestrian with a BAC of 0.08 or more.
Other causes of pedestrian accidents include drivers failing to yield to pedestrians, low visibility, and distracted driving.
How Do I Prove Negligence After a Pedestrian Accident in Tarzana, CA?
In most pedestrian accident cases, you will need to prove that the driver was negligent. Acting negligently means failing to exercise reasonable care and caution under the circumstances.
To prove negligence in your Tarzana pedestrian accident case, you must establish the following four elements:
Duty of Care
A duty of care is a legal obligation one owes toward others in a given situation. Drivers owe other drivers and the public a duty to drive with a reasonable amount of safety and caution.
Breach of Duty
You must show that the defendant breached their duty of care. This often requires showing that they failed to act reasonably under the circumstances.
Causation
Causation has two subparts. You must show that the defendant’s actions were the actual and proximate cause of your injuries. The “actual cause” means that the accident or injury would not have occurred without the defendant’s actions. The “proximate cause” means that your injuries were reasonably foreseeable results of the defendant’s actions.
Damages
You must prove that you suffered injuries or losses for which you may be compensated.
You must prove each of these elements “by a preponderance of the evidence.”
How Long Do I Have to File a Lawsuit After a Pedestrian Accident in California?
You generally have two years from the date of the accident to file your pedestrian injury case in California. This time limit for filing your claim is known as the statute of limitations.
It’s imperative that your case is filed on time. If it isn’t, it will likely be dismissed. Consider hiring an experienced pedestrian accident attorney to keep track of your case and ensure that it is filed on time.
Contact Our Tarzana Pedestrian Accident Lawyers Today To Schedule a Free Case Review
If you were involved in a pedestrian accident in Tarzana, CA, you may be able to recover compensation for your losses. Our Tarzana pedestrian accident attorneys at JUSTICENTER Personal Injury Lawyers will handle your case and fight for you to receive compensation for all of your accident-related injuries. Contact our office today at 833-852-3600 to schedule a free consultation.
