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How to Pursue Compensation After Being Struck by a Distracted Driver in Downtown Los Angeles?

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Last week while I was crossing a street in Downtown Los Angeles, a driver who was apparently texting hit me. Fortunately, I survived, but with a fractured leg and significant medical expenses. I was in the crosswalk and had the right of way. A witness mentioned they saw the driver using their phone moments before the impact.

  • Is texting while driving considered negligence or recklessness in Los Angeles?
  • How do I gather evidence to prove the driver was distracted, especially if they deny it?
  • What compensation might I be entitled to for medical bills, lost wages, and pain and suffering?
  • How does the process typically work for pedestrian accidents in LA, and how long does it take?
  • Would it be wise to get a pedestrian accident attorney, and how would they help in my situation?

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The response provided below is specific to Pedestrian accident attorney in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.

Pedestrian Accident: Distracted Driving in Downtown Los Angeles

Overview of Distracted Driving and its Legal Implications

In Los Angeles, texting while driving is not just frowned upon; it's illegal. When a driver is distracted by their phone and causes an accident, they can be considered negligent or even reckless. Given that you were in the crosswalk and had the right of way, this strengthens your claim against the distracted driver.

  1. Relevant Legal Provisions:

    • California Vehicle Code Section 23123.5: Prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle.
    • California Vehicle Code Section 21950: States that drivers should yield the right-of-way to pedestrians within any marked or unmarked crosswalk.

    For more information on relevant laws, visit the official California Legislative Information website.

  2. Gathering Evidence and Proving Distraction:

    • Witness Testimony: The statement from the witness who saw the driver using their phone can be crucial evidence.
    • Phone Records: Through the legal process, an attorney can request the driver's phone records to prove they were texting or on a call during the time of the accident.
    • Surveillance Footage: Downtown Los Angeles is dotted with security cameras. Any footage capturing the incident can serve as concrete evidence.
  3. Compensation and Claims:

    • Medical Bills: All costs related to the treatment of your injuries.
    • Lost Wages: Any income you've missed out on due to the accident.
    • Pain and Suffering: Compensation for the physical pain and emotional distress from the accident.
  4. Procedure and Timeline: Typically, a personal injury claim involves notifying the at-fault party, negotiating with their insurance, and if necessary, filing a lawsuit. The process can take several months to over a year, depending on the complexities involved.

  5. Should You Hire an Attorney?: It's highly recommended. A pedestrian accident attorney can navigate the legal intricacies, negotiate with insurance companies on your behalf, and fight for the compensation you deserve.

Average Costs for Legal Representation in Los Angeles

Legal Services in Pedestrian Accident Cases:

Service Average Cost in LA % Difference from National Average
Initial Consultation $250 +15%
Legal Representation (without going to trial) $4,000 +10%
Legal Representation (with trial) $12,000 +20%

Note: Prices may vary based on the specifics of the case and the reputation of the attorney. LA, being a major metropolitan area, tends to have higher legal fees than the national average.

Complexity of Pedestrian Accident Cases

Pedestrian accident cases, especially in bustling areas like Downtown Los Angeles, can be complicated due to several factors:

  1. High Traffic Density: With dense traffic, multiple parties can be involved or be witnesses, making the fact-finding process intricate.
  2. Severity of Injuries: Pedestrians, unprotected by any vehicle, often suffer severe injuries, complicating medical assessments and valuations.
  3. Differing Accounts: Drivers might offer a different version of events, necessitating robust evidence collection.

Case Studies:

  • Case 1: A pedestrian hit at a traffic light secured a six-figure settlement after proving the driver ran a red light using traffic camera footage.
  • Case 2: In a hit-and-run scenario, a victim identified the car using partial license plate details and witness accounts. The driver was later found and held liable.
  • Case 3: A pedestrian, injured due to a distracted Uber driver, not only sued the driver but also the ridesharing company, leveraging its larger insurance policy.

Relevant Questions for Your Consideration:

  • Did you report the incident to the police, and do you have a copy of the police report? A police report can be a vital piece of evidence in your case.

  • Have you spoken with your insurance provider? It's crucial to notify them of the accident, even if the other party is at fault.

  • Did you receive immediate medical attention post-accident? Immediate medical documentation can solidify your injury claims.

Commonly Asked Questions:

Q1: Can I still claim if I was partially at fault for the accident?

California follows a comparative fault rule. This means even if you were partially at fault, you can claim damages. However, your compensation might be reduced by the percentage of your fault.

Q2: How long do I have to file a claim after a pedestrian accident in Los Angeles?

In California, the statute of limitations for personal injury claims is two years from the date of the injury.

Q3: What if the driver who hit me doesn't have insurance?

You can pursue a claim with your own insurance if you have uninsured/underinsured motorist coverage. Otherwise, you might need to sue the driver directly.

Q4: Can I get compensated for emotional distress after the accident?

Yes, emotional distress falls under "pain and suffering," and you can claim compensation for it.

Q5: How can I ensure the best outcome for my case?

Gather as much evidence as possible, get medical attention promptly, and most importantly, consider hiring a knowledgeable attorney to represent you. Consider using this platform to compare lawyers in your area.

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 "How to Pursue Compensation After Being Struck by a Distracted Driver in Downtown Los Angeles?" has been changed 1 year 3 months 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: Pedestrian accident attorney.
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Photo with muted colors of a bustling Downtown Los Angeles intersection during daytime. A car has abruptly stopped in the middle of a crosswalk, and a pedestrian with visible injuries is being aided by bystanders. A dropped phone can be seen inside the car, hinting at the driver's distraction. Nearby, a concerned witness is talking to a police officer, possibly providing evidence of the driver texting. The setting underlines the perils of distracted driving in a busy urban environment and the potential need
Photo with muted colors of a bustling Downtown Los Angeles intersection during daytime. A car has abruptly stopped in the middle of a crosswalk, and a pedestrian with visible injuries is being aided by bystanders. A dropped phone can be seen inside the car, hinting at the driver's distraction. Nearby, a concerned witness is talking to a police officer, possibly providing evidence of the driver texting. The setting underlines the perils of distracted driving in a busy urban environment and the potential need...

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