Personal Injury Attorneys for Pedestrian Accidents in Los Angeles
Over 100 pedestrians died walking along the busy streets of Los Angeles last year and every year. It has been a constant concern in the U.S. But people seldom think a pedestrian might be to blame for drug and alcohol use. If you have recently gotten into an accident, our Los Angeles personal injury lawyer can help you prepare a claim for compensation. Here is what you should know about walking under the influence.
Walking Intoxicated Is Dangerous
In the U.S., 6,721 pedestrians died on highways and roadways, according to the Governors Highway Safety Association. Drunk driving is never okay. If you spent a night out drinking alone or with company, it is best for you to request an Uber or Lyft. Walking while intoxicated is equally as dangerous to you and others on the road.
In most cases, pedestrian accident lawyers in LA find that drivers are at fault most of the time. If you walk near busy city streets you do not have the same protections as someone behind the wheel of a car. A few factors that work against an intoxicated pedestrian are:
- Low visibility from weather
- No protection to cushion the impact of a collision
- Size – pedestrians are much smaller than the vehicle
California Law About Being Drunk in Public
It’s not illegal to be drunk in public in California! But the state does set penalties for the following circumstances:
- When pedestrians’ intoxication prevents them from exercising a duty of care that jeopardizes the safety of others.
- Being drunk causes them to obstruct roads, sidewalks, and other public locations.
Public intoxication that interferes with the safety of others is a misdemeanor. If charged, you could face up to six months in jail and a $1,000 fine. Keep in mind that public convictions will go on your permanent criminal record and remain accessible to employers. Any Los Angeles pedestrian accident attorney would urge you to seek legal representation immediately because these charges are worth negotiating in court.
Definition of ‘Drunk in Public’ in Los Angeles
To demonstrate that you were drunk in public, the opposing party will need to prove three things:
- That you were under the influence of a controlled substance
- In a public place when you were intoxicated
- Could not exercise care for your safety, others safety, or obstructed a public space
Pedestrian intoxication cases are always challenging to prove in court. California law requires the prosecutor to prove you voluntarily got drunk. This is not always the case for everyone. Additionally, the law defines public places as areas outside of a home where someone is free to walk. This broad definition makes it harder for you to take on this case alone without a lawyer for drunk pedestrian accidents.
How Does a Lawyer Prove Intoxication in a Pedestrian Accident?
During a consultation, the lawyer will determine fault by assessing the following:
- Statements from witnesses
- Review how the crash occurred
- Skid marks from the tires
- Where each party was going or coming from
- Medical reports and tests
- Breath and urine tests from a police officer’s report
Pedestrians Can Still Be at Fault in A Traffic Accident
Families across Los Angeles lose loved ones to fatal accidents every day. Most clients are surprised to hear pedestrians could still be held responsible or share fault outside of wrongful death cases. The same applies to drivers that cause the crash. Walking drunk isn’t enough to prove liability. Still, it is enough to pursue a case where damages are involved like medical expenses, loss of income, and changes in your quality of life.
Defenses Against Public Intoxication Charges in LA
Your health comes first, above all. If you got hurt in a pedestrian accident, speak to a skilled injury attorney in Los Angeles to discuss the next steps. With all pedestrian-car accidents, comparative negligence can get applied in court. We can help you build your case to recover maximum compensation or partial damages if you share fault.
About Gutierrez Law
Our law firm specializes in helping those injured due to an accident or someone else’s negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language.
That’s why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you get compensated for your pain and suffering. Don’t leave your medical bills and property damage to chance! Contact our office for a free consultation at 323-999-3500 or email us at contact@gutierrez.legal.