Pedestrian Car Accidents: Legal Repercussions

Were You Injured in a Pedestrian Accident? Let Us Help You Get The Compensation You Deserve

Pedestrians are likely to take on the most damage when a driver crashes into them. Outside of a vehicle, they’re left vulnerable to life-threatening or fatal injuries. Whereas motor vehicles offer protections for drivers during impact. If you were involved in a pedestrian-car accident, both criminal and civil charges may result. Whether you are a pedestrian hit by a driver or the driver who has struck a pedestrian, life as you know it could change.

Pedestrian Accident Overview

  • Approximately 5,000 pedestrians die in car-related accidents in the United States every year.
  • More than 129,000 people visit emergency rooms every year with car accident-related injuries.
  • Broken bones and scraps are common injuries but among the many possible risks of a pedestrian versus car accident.
  • Intoxicated driving causes about half of all pedestrian-related accidents.
  • Adverse driving conditions and nighttime driving also increase the risk of a pedestrian-car accident.

Criminal Consequences

DUI/DWI
If you are driving intoxicated when the accident occurs, you will be arrested and charged with DUI, or Driving Under the Influence. Not only can a driver be arrested for driving under the influence of alcohol, but other drugs as well, including marijuana. DUI penalties include minimum jail time, driver’s license suspensions, fines, and a host of other consequences.

Hit and Run
Hit and run is a common occurrence in pedestrian accidents. When drivers leave the accident scene to avoid facing the consequences, it automatically becomes a criminal offense in California. Charges likely follow a hit and run once the guilty party is caught.

Distracted Driving and Speeding
Reckless driving could also be bestowed upon a driver who was speeding, talking on their phone, or who committed other reckless acts that contributed to the accident. It is illegal to text or talk on a cell phone while operating a vehicle in most states, including California. Getting caught could result in several criminal charges.

If someone dies at the hands of a negligent driver, they could get charged with involuntary manslaughter. It is one of the most serious repercussions of a pedestrian-vehicle accident. Even if you don’t get charged by the police, a personal injury lawyer in LA is able to pursue compensation for the injuries you’ve suffered, or for the loss of a loved one.

Civil Consequences

Life changes drastically if you are the victim of a pedestrian-vehicle accident. You may need extensive medical care, may be unable to work, and be emotionally scarred and fragile. Most victims retain a personal injury attorney in Los Angeles to help them proceed with civil action against the driver of an automobile that hit them and caused injuries. A lawyer has all the right words and the legal expertise that helps you proceed correctly if you choose to file a lawsuit.

Pedestrian accident lawyers Los Angeles represent individuals involved with this specific type of accident, giving them a voice in court. The injury attorney in Los Angeles will likely seek one or more types of compensation for his victim(s) and/or their family.

If the pedestrian accident lawyers in LA the victim hires can prove fault, they’ll likely win a civil award. Injury victims may receive compensation for medical bills, pain and suffering, lost wages, punitive damages, and others. The surviving family of a pedestrian killed by a vehicle can also file a civil lawsuit against the driver for wrongful death. A judge is likely to award compensation to cover funeral expenses, pain and suffering, and other punitive damages.

What To Do If You Are the Driver in A Pedestrian Accident

  • If you’ve struck a passenger with your vehicle, do not leave the scene of the accident. This will lead to more criminal charges placed against you.
  • Wait for the police to arrive after you've made sure the pedestrian is okay.
  • You should talk to an attorney to ensure that you are best prepared for your impending legal battle. Factors surrounding the incident determine whether you'll face criminal charges, but it is best to prepare ahead of time.

What to do if You are the Pedestrian in a Vehicle Accident

  • If you are struck by a vehicle, remain calm.
  • If you are not injured, gather information from the other driver.
  • Visit the nearest emergency room if you are injured or if you want a health check to be on the safe side.
  • If the driver leaves the scene, call the police and wait for their arrival. They’ll complete an accident report, gather information about the incident, and ensure that you have everything needed to file a lawsuit, if necessary. The police also can make arrests in the accident if necessary.

When you’re able, speak to pedestrian-car accident attorneys in Los Angeles to learn more about filing a lawsuit. If you are injured, you deserve compensation. So often, insurance companies offer as little money as possible to victims. Rest assured, at Gutierrez Law we will get the maximum possible compensation for your injuries.