As a driver, hitting a pedestrian can be one of the scariest occurrences imaginable. Likewise, being a pedestrian hit by a vehicle while walking can result in serious injury or even death. But what should be done in the event of a collision involving a pedestrian, and how can liability best be determined if damage does occur? As Pedestrian Slip and Fall lawyers in Los Angeles, we have recovered millions of dollars in compensation for pedestrian & premise accident victims and their families.
Steps to Take if You’ve Been Involved in a Pedestrian Accident
Ensure everyone is safe. The first thing to do in this type of accident is to assess the damage. For the driver, this means getting out of the car to offer concern and assistance to the hurt pedestrian. For the pedestrian, a quick self-assessment of your wounds and aches should be done immediately.
Seek medical and legal counsel. Both parties should consult a doctor and a lawyer right away. While the driver of the vehicle may be less likely to be injured, whiplash or other sudden-stop related pains may be incurred and require medical treatment. Legal counsel from experienced attorneys can help each party through the rest of the process.
Exchange contact information. In the case of a car-on-pedestrian accident, less information is required than in a purely vehicular accident. In fact, giving additional information or admitting some degree of fault by apologizing or expressing regret might cause harm in the long run in these cases. Keep your conversation to contact information and formalities, and leave other exchanges for later if necessary.
In Los Angeles, Slip and Fall attorneys in Tofer & Assoicates have multiple years of experience in successfully bringing justice to those fallen victim to pedestrian and premise liability accidents .
While the pedestrian may take the majority of the damage from the accident, it does not necessarily mean he or she is free from fault. There are scenarios in which the driver is absolutely at fault, such as when the pedestrian was legally crossing a road, a stoplight was run, or excessive speed was being used in an area with high foot traffic. However, it is usually easier for a pedestrian to spot and avoid a car than the reverse, so it is important to gather all of the facts of the case before proceeding with a suit.
If a person is injured while walking through a department store and unmarked or uneven ground is to blame for the fall, it is likely that the injured person could sue the property owner for damages. Premises liability dictates that if the public has access to an area, it is the duty of the property owner to keep it in safe condition and to draw adequate attention to all potential safety hazards. Failure to do so could constitute negligence and result in a law suit. Following are some examples of premises liability situations:
If you are one of the many that have fallen victim to such a debilitating injury you need the pedestrian accidents & premises liability attorneys in Los Angeles on your side.
Duty of Care
Each property owner is responsible for keeping certain people on his or her property safe. This duty of care extends to invited guests, licensees, and underage people. Generally speaking, trespassers or those present without the knowledge or reasonable consent of property owners fall outside of the realm of responsibility of property owners, and therefore may have difficulty establishing a claim.
Another example of premises liability is the lack of adequate building security. For example, if an apartment building is broken into and the damage could have been prevented if the building’s owner had taken standard protective steps, the owner may be responsible for a portion of the damages. While this is not always the case, if your apartment has recently been burgled, look into the fundamental security of the building.
Even at the site of an accident, you can call us and we will help you over the phone or send someone to assist you.