I swerved to avoid a tourist and hit a parked car on Hollywood Boulevard; am I at fault?
Driving down the bustling streets of Hollywood Boulevard, I was taken by surprise when a tourist jumped onto the road to capture a photo of the Walk of Fame. In my attempts to prevent a collision, I ended up swerving and hit a parked vehicle. This unexpected event left me shaken and with a damaged car. Now, I'm trying to figure out if the pedestrian can be held responsible in any way since they indirectly caused the accident. What type of lawyer do I need for this situation? How do I ensure I hire a trustworthy attorney without burning a hole in my pocket?
Commonly posted questions...
Legal Solution
The response provided below is specific to Automobile accident attorneys in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.
Analysis of the Situation
Firstly, it's important to clarify that any situation involving a vehicle and a pedestrian can be complex. The primary responsibility of every driver is to be cautious and attentive. However, pedestrians also have an obligation to abide by certain rules. If the tourist's behavior was indeed reckless, they might be considered contributory negligent.
Relevant Statutes and Web Resources
- California Vehicle Code Section 21950 – Right-of-Way at Crosswalks
- California Vehicle Code Section 21954 – Pedestrians Outside Crosswalks
- State of California Department of Motor Vehicles
Possible Solutions to Consider
To tackle this situation, you might want to:
- File a police report detailing the incident. This will serve as an official record which might be helpful later on.
- Contact your insurance company. They'll advise on how to proceed, especially if damages to the parked car or any injury to the pedestrian are involved.
- Consider seeking legal representation, particularly if the damages are significant or if the pedestrian decides to pursue legal action. It's crucial to find the right lawyer who specializes in auto accidents.
Expected Legal Costs in Hollywood Area
| Service Description | Average Cost (USD) |
|---|---|
| Initial Consultation | $150 |
| Legal Representation (Flat fee) | $2,500 |
| Hourly Rate | $300/hr |
| Accident report acquisition | $70 |
| Court Appearance Fee | $600 |
In California, some attorneys might offer contingency fee agreements, particularly in cases with personal injury lawyers. This means you don't pay unless they win the case for you.
Need More Details
To give a precise legal recommendation, it's essential to have a more in-depth understanding of all the circumstances.
Please reach out for a detailed consultation and ask a free legal question to explore your options better.
Important Points to Clarify
- Were there any witnesses during the incident? Their testimony could provide more clarity about the tourist's behavior.
- Were there any traffic cameras in the vicinity that could have captured the incident?
- How severe are the damages to the parked vehicle, and are there any medical bills or other expenses involved?
Q1: Can I be held liable even if I didn’t directly hit the tourist?
The answer largely depends on the specific details of the incident. In general, drivers are expected to remain in control of their vehicle. However, if the pedestrian's behavior was found to be reckless or negligent, they could share some of the blame.
Q2: How long do I have to decide whether to file a lawsuit or claim?
In California, the statute of limitations for property damage is three years from the date of the accident. It's crucial to act within this timeframe.
Q3: Can my insurance rates go up because of this incident?
Yes, it's possible. Insurance companies determine rates based on risk factors, and being involved in an accident can increase your perceived risk.
Q4: Should I contact the owner of the parked car even if there's minimal damage?
It's always recommended to exchange information and report any collision, no matter how minor it may seem at the moment.
Q5: If the tourist admits fault, will that protect me from any financial liability?
An admission can help, but it isn’t a guarantee. It's always best to consult with a legal expert to understand your position better.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.Written, answered, changed
Legal question "Help! Tourist Caused Accident on Hollywood Boulevard" has been changed 1 week 6 days ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Los Angeles & area of law: Automobile accident attorneys.When should you seek a personal injury lawyer? Car accident attorney will be needed in the event of traffic accidents that lead to serious injuries or long-term medical treatment of those involved. Choosing an experienced attorney will help increase the chances that you get the compensation that you deserve. By hiring a personal injury lawyer to represent you immediately after a car accident, you will have a professional working for you – one who is very knowledgeable about the specific field of law and procedural rules that may significantly affect your case.
An indicator of the skills of a particular injury lawyer is the fact how many lawsuits he/she has won as well as careful pre-court preparation and possibly also the process of negotiation with the counterparty. In the case of car accidents where there are problems related to limits for car insurance, lawyers may threaten to file a suit. However, in most cases, an out-of-court settlement can be reached between the parties. Why should you hire a car accident attorney? Underestimating such a decision may result in considerable financial loss, especially in the event that you or the other party (the participant of the accident) have inadequate insurance coverage and the insurance company thus does not pay the claim.
