If you or a loved one has experienced the heart-wrenching reality of being struck by a vehicle, we want you to know that you are not alone at this difficult time. It’s completely normal to feel scared and vulnerable at a time like this. But there is hope and support available to help you navigate through these challenging moments. A Burbank pedestrian accident lawyer can you help you secure the justice and compensation you deserve.
Depending on the circumstances of your case you may be able to get damages for:
- Medical costs
- Loss of paycheck
- Pain and suffering
- Permanent disability
- Decreased ability to earn
- Disfigurement
- Loss of consortium
- Punitive damages.
Call us today at 626-793-8607 for your free case evaluation so we can help you find out if you have a case.
Overview of Pedestrian Accidents in Burbank
Burbank, known for its busy streets and walkable neighborhoods like Magnolia Park or the Chandler Bike Path, has experienced a rise in pedestrian accidents. This increase is largely attributed to high vehicle traffic and the challenging environment for pedestrians. Injuries sustained in such accidents are often severe, including broken bones, traumatic brain injuries, and spinal cord injuries, necessitating extensive medical care and rehabilitation.
Vulnerable populations, such as the elderly and children, are disproportionately affected. Over 20% of pedestrian fatalities involve elderly individuals, highlighting the need for increased safety measures. In Los Angeles County, which encompasses Burbank, there were 4,661 reported pedestrian injuries and fatalities in a recent year, marking the county as having the highest rate of pedestrian-involved accidents among California’s 58 counties.
Statistics on Pedestrian Accidents
Pedestrian safety in Los Angeles County is a growing problem, with 4,661 pedestrian injuries and deaths reported in a recent year. Burbank specifically has seen an approximate 10% increase in pedestrian accidents from 2021 to 2022. The pedestrian accident rate in Burbank was 1.29 per 100,000 people in 2022, exceeding the national average of 1.04 per 100,000.
Pedestrian collisions in Burbank increased by 19% in 2024, with 51 incidents so far this year, compared to 63 in 2023. While September 2024 saw 6 pedestrian accidents, down from 9 last year, the year-to-date trend shows 12 more people were struck by vehicles compared to this time last year.
This rise is a clear signal: despite fewer collisions recently, the overall risk to pedestrians is higher. Whether it's distracted drivers, busy intersections, or poor visibility, people walking around Burbank are facing real dangers.
Pedestrian Safety Issues
In 2020, individuals aged 65 and above were more vulnerable in pedestrian accidents, accounting for 20% of fatalities. Children under 15 are also at elevated risk, emphasizing the need for increased awareness and safety measures. Pedestrian accidents often result in severe injuries such as lacerations, fractures, spinal cord injuries, and traumatic brain injuries. These injuries can lead to paralysis or even loss of limbs, significantly impacting the victim's quality of life.
Nearly 1,000 pedestrian fatalities occur annually due to traffic-related incidents, with many survivors facing lengthy recoveries. Most of these accidents are caused by driver negligence, including impaired judgment from alcohol or drugs. Elderly victims and children are particularly impacted, highlighting the critical need for vigilance and safer driving practices to protect vulnerable groups.
Dangers of Distracted Driving
Distracted driving is a major cause of pedestrian accidents in Burbank. Common distractions include texting, phone calls, and interacting with passengers, which all divert attention from the road. These distractions can lead to drivers failing to yield to pedestrians, resulting in severe and preventable collisions.
Reckless driving behaviors, like sudden lane changes, are worsened by distractions, posing severe risks to pedestrians. Dangerous weather conditions can further increase accident likelihood when drivers don’t adjust their behaviors. These factors underscore the importance of focused driving to ensure pedestrian safety.
Impaired Driving Risks
Impaired driving, whether from alcohol, drugs, or fatigue, significantly increases the risk of pedestrian accidents. Impaired drivers have slower reaction times and poor judgment, making it difficult to recognize pedestrians and stop quickly. This can lead to severe outcomes, such as traumatic brain injuries in pedestrians.
Drunk drivers often fail to yield at crosswalks, creating a hazardous environment for pedestrians. Most pedestrian accidents from impaired driving are preventable with heightened awareness and responsibility. Ensuring drivers remain attentive and sober is crucial to reducing these incidents.
Environmental Factors Contributing to Accidents
Environmental factors like distracted driving and bad weather significantly increase pedestrian accident risks. Mobile phone use and navigation systems impair drivers' abilities to notice pedestrians. Rain, snow, and poor visibility exacerbate these risks.
Speeding in pedestrian-heavy areas reduces reaction times and worsens accident severity. Burbank witnesses frequent turning or merging accidents, as well as vehicles exiting parking lots, contributing to pedestrian accidents. These factors highlight the interplay of vehicle movement and pedestrian presence in busy areas, necessitating careful driving and awareness.
California Pedestrian Laws
Pedestrian safety is a priority in California, with specific laws in place to protect those on foot. Under California Vehicle Code Chapter 5, drivers must yield to pedestrians at both marked and unmarked crosswalks. Pedestrians, however, share the responsibility of ensuring their own safety by remaining vigilant and not stepping into traffic when it is unsafe. Violations by drivers can significantly increase the risk of pedestrian accidents and injuries.
Overview of Relevant Legislation
In California, filing a pedestrian accident claim involves notifying the responsible party's insurance company promptly. Establishing fault is crucial and often requires a comprehensive investigation of traffic violations or negligent behavior by the motor vehicle driver. The state employs a comparative negligence system, which means a pedestrian's compensation can be affected by their share of blame in the accident. Injured pedestrians can seek compensation for medical expenses, lost wages, and pain and suffering. In fatal cases, the victim's family may pursue a wrongful death suit to recover damages.
Rights of Pedestrians
California law mandates that drivers must give the right-of-way to pedestrians at crosswalks, ensuring their safety. Pedestrians, on their part, must avoid sudden moves into traffic. If a pedestrian fails to follow traffic laws, their ability to receive compensation might be compromised. Burbank's traffic safety laws outline the responsibilities of both pedestrians and drivers, aiming to reduce accidents. Victims injured due to a driver's negligence may pursue claims for the damages they incur.
Liability in Pedestrian Accidents
In pedestrian accidents, a negligent driver is typically liable for the injuries caused, even if the pedestrian partially contributed to the accident. Determining fault requires a careful examination of the accident scene and may involve witness statements to clarify who is responsible. California's comparative negligence system means that even if a pedestrian is partly at fault, they may still receive compensation, although it might be reduced. Legal representation is crucial to protect a pedestrian accident victim's rights and ensure fair compensation for injuries sustained.
Steps to Take After a Pedestrian Accident
Immediate Actions for Victims
In the aftermath of a pedestrian accident, the first crucial step is to contact the authorities and file a report. An official report establishes a vital record for any potential legal action. While at the scene, collect detailed information about the vehicle and driver involved, including the license plate number, driver’s name, contact details, and insurance information. Additionally, take clear photographs and videos of the accident scene to capture the conditions and any relevant evidence. Seeking immediate medical attention is also essential, even if injuries seem minor, as some may not become apparent until later. Avoid speaking with insurance companies until you have consulted with a pedestrian accident lawyer.
Gathering Evidence
Collecting evidence is crucial for supporting your case in a pedestrian accident. Gather the names and contact information of any witnesses present at the scene, as their testimonies can be invaluable in establishing liability. Take photos or videos capturing the accident scene, the condition of the vehicle involved, and any visible injuries. This visual evidence is crucial for demonstrating the circumstances of the incident. Additionally, secure the driver’s information, such as the car’s make and model, license plate, and insurance company details. Avoid making statements to anyone at the scene, including insurance representatives, to ensure your claim remains in tact.
Reporting the Accident
Reporting the accident promptly is vital to building a strong case. Contact law enforcement so they can draft an official crash report, which may serve as an important piece of evidence. This report will outline vital details about the accident, including potential causes and the involved parties, significantly strengthening your case. At the scene, gather information such as the driver’s contact and insurance details, as well as any witness information to support your claim. Seeking medical attention immediately is also important, as it helps establish a medical record of any injuries sustained, which is key for any legal claims. If the vehicle leaves the scene, report it to the police with as much detail as possible.
Immediate Actions for Victims
After a pedestrian accident, promptly call the authorities to file an official report. This documentation is vital for any future legal proceedings. Gather important information about the vehicle and driver involved, including the license plate, driver's name, contact details, and insurance information.
Taking photos and videos of the accident scene can provide a valuable visual record of the circumstances. These images can be crucial evidence in understanding the events leading to the accident. Additionally, seek medical attention immediately, even if injuries seem minor at the time. Some injuries, such as spinal cord injuries or traumatic brain injuries, may not present symptoms until later.
Avoid discussing the accident or your injuries with the car insurance company until you have consulted with a pedestrian accident lawyer. A lawyer can help protect your rights and guide you through filing a personal injury claim. By taking these steps, you ensure that your case is handled correctly and that your interests are safeguarded.
Types of Injuries Sustained in Pedestrian Accidents
Pedestrian accidents often result in serious injuries due to the lack of protection against the full force of motor vehicles. Victims frequently endure traumatic brain injuries, spinal cord injuries, and broken bones, each of which can vary significantly in severity. Severe internal injuries and road rash are also common, as pedestrians do not have the protective gear that vehicle occupants possess. Tragically, some pedestrian accidents can result in paralysis, coma, or even fatalities due to the severe impact on the body.
Common Physical Injuries
Broken bones are among the most common injuries sustained in pedestrian accidents, often requiring extensive medical treatment and rehabilitation. Traumatic brain injuries (TBIs) are another frequent outcome, which can lead to lifelong cognitive, physical, and emotional difficulties. Spinal cord injuries, often resulting in permanent disabilities, can drastically affect a pedestrian accident victim's quality of life. Internal injuries necessitate immediate medical attention, while road rash can cause painful abrasions, both needing proper care to prevent further complications.
Psychological Impacts of Accidents
The psychological effects of pedestrian accidents can be profound and long-lasting. Victims may suffer from emotional trauma that manifests as anxiety, depression, or PTSD. This emotional distress can significantly reduce their quality of life, impacting their ability to perform daily activities and altering their overall enjoyment of life. Moreover, the mental strain following such accidents can complicate physical recovery, necessitating comprehensive rehabilitation efforts to address both the physical and psychological consequences of the trauma.
Legal Process Following a Pedestrian Accident
After a pedestrian accident, seeking the expertise of a lawyer is important. The legal process often begins with making a personal injury claim against the negligent party. This step is important for victims sustaining serious injuries to recover compensation for various losses. Immediate reporting of the accident to the authorities is necessary, as it helps to create an official police report. Collecting evidence, such as photos and videos, is also important to protect your rights and explore legal options.
Engaging a pedestrian accident legal team can offer expert guidance and representation. Navigating the legal process can be complex and challenging, particularly when dealing with severe injury. A qualified legal team can ensure that your case is handled efficiently, advocating for maximum compensation. This support is invaluable during a difficult time, helping to focus on recovery and ensuring that responsible parties are held accountable.
Filing Claims for Economic Damages
Economic damages address the direct financial impact of a pedestrian accident, covering medical expenses, rehabilitation costs, and lost wages. Calculating these damages is meticulous, ensuring victims are adequately compensated for losses from severe injuries. Compensation may also account for future earning capacity affected by the accident.
Typically, the process starts with filing a claim against the at-fault driver’s insurance company. This first step handles immediate financial obligations following the incident. In cases where insurance coverage is insufficient or denied, pursuing a lawsuit might be necessary to recover economic damages through legal action.
Non-Economic Damages Explained
Non-economic damages compensate for the intangible impacts of a pedestrian accident, such as pain, suffering, and emotional distress. These losses are harder to quantify but significantly affect a victim's quality of life. Legal provisions allow victims to seek compensation for these personal and emotional losses in addition to economic damages.
A thorough evaluation of non-economic damages is critical in a personal injury claim. This process considers both immediate and long-term impacts on the victim's mental and emotional well-being. Compensation can also extend to permanent scarring, disability, and the associated suffering resulting from catastrophic injuries. Addressing non-economic damages ensures a comprehensive approach to justice for pedestrian accident victims.
Wrongful Death Claims
In the case of a pedestrian fatality caused by a negligent driver, the victim's family may pursue a wrongful death claim to seek financial compensation for their loss. Common plaintiffs in these suits include the surviving spouse, domestic partner, and children of the deceased pedestrian. Damages can cover lost support from the deceased, medical expenses related to the fatal injuries, and funeral expenses.
Wrongful death claims require significant legal effort. An experienced attorney is crucial to navigating the complexities of the legal process effectively. Compensation can address both economic impacts and emotional suffering experienced by family members.
Understanding Wrongful Death
When a pedestrian's death is due to a negligent driver, the victim’s family may initiate a wrongful death suit to recover damages. Common plaintiffs in these claims are surviving spouses, domestic partners, and children seeking compensation for their losses. Damages may include compensation for lost support, medical expenses related to final injuries, and funeral costs.
Additional damages can cover loss of companionship and the emotional suffering experienced by loved ones. These claims acknowledge the broad impact of the untimely loss on the victim's family.
Process for Filing a Wrongful Death Claim
In cases of wrongful death resulting from a pedestrian accident, surviving family members have the legal right to sue any party whose negligence caused their loved one's death. Damages may include lost support, medical expenses from final injuries, and funeral expenses.
The resolution of wrongful death lawsuits typically takes between two to five years and may be prolonged if insurance claims are involved or if contested in court. Experienced legal representation is crucial in ensuring relevant laws are applied effectively. Substantial compensation may be awarded to cover hospitalization costs, lost income, and the grief suffered by family members.
The Importance of Legal Representation
Having an experienced Burbank pedestrian accident lawyer is crucial for successfully navigating the complexities of personal injury claims. In pedestrian accidents, where negligence can lead to severe medical expenses and lost income, a skilled attorney significantly enhances the chance of securing compensation for various damages. Legal representation ensures that victims receive fair settlements for hospital bills, lost future earnings, and emotional distress. In wrongful death lawsuits, expert legal counsel is essential to guide surviving family members through the challenging legal process. Professional legal assistance in such cases can substantially impact the outcome, providing a thorough preparation and effective representation in court.
How a Lawyer Can Help
An experienced pedestrian accident lawyer evaluates evidence to assess the strength of your case, focusing on driver negligence such as distracted driving or impairment. Legal representation is key in countering lowball offers from insurance companies, striving for a settlement that genuinely reflects the victim's damages. In cases proceeding to trial, a personal injury lawyer provides strong courtroom representation, preparing solid arguments on behalf of the victim. A pedestrian accident attorney aids in pursuing compensation for medical expenses, lost income, and pain and suffering, due to the injuries sustained. Their expertise ensures victims receive justice and fair compensation under pedestrian accident laws.
Benefits of Professional Legal Assistance
Professional legal assistance equips pedestrian accident victims with the necessary expertise to navigate the complex legal landscape effectively. Attorneys manage communications with insurance companies, protecting victims from tactics aimed at minimizing payouts or denying claims. An experienced legal team gathers essential evidence to advocate for the victim’s rights, building a compelling case for compensation. Victims can secure comprehensive coverage for their injuries and damages, including medical expenses and lost income, through adept legal representation. Hiring a pedestrian accident attorney maximizes the chances of a successful claim, especially when serious injuries and losses are involved.
Finding a Qualified Burbank Pedestrian Accident Lawyer
When you're involved in a pedestrian accident, finding a qualified lawyer in Burbank becomes absolutely essential. A skilled attorney can help navigate through the intricate legal process and file claims against negligent parties. Timely legal intervention is essential to secure compensation for losses, including medical expenses, lost wages, and emotional trauma.
A capable pedestrian accident lawyer will conduct a thorough investigation and gather vital evidence. They will effectively negotiate with insurance companies to recover damages. In California, the statute of limitations for filing a personal injury claim is two years from the accident date, highlighting the necessity for prompt legal action.
Key Qualities to Look For
- Experience: When choosing a pedestrian accident lawyer, experience in personal injury cases is critical. An experienced attorney is not easily intimidated in a courtroom setting and can advocate vigorously on behalf of your rights. Our law firm has decades of experience.
- Expert Communication: Effective communication skills are a must for any lawyer. A responsive attorney will address client questions promptly and provide clarity throughout the legal process. It is equally important for the lawyer to tackle and counter lowball offers from insurance companies, ensuring a fair settlement. Our clients love us. This is why we have hundreds of reviews from satisfied clients.
- Investigative skill: This is also a key attribute of a competent lawyer. They must be able to compile evidence and identify the at-fault party to substantiate your claim.
- Local Knowledge: You are also looking for someone who knows the area well and has experience with the local judges. We were raised her and still live here. We know Burbank like the back of our hand. This helps you get the best possible result.
If You Have Been Injured as a Pedestrian
You should act quickly when pursuing a claim over a pedestrian accident. Most of these types of cases only allow you 2 years to file a lawsuit. In some cases the time limit is even shorter, so you need to act fast to protect your rights.
Our team of experienced legal professionals is ready to help guide you through the legal process to a winning result. We will make sure you get the medical treatment, and we will deal with the insurance company while you get better.
If you have been hurt in a pedestrian accident, contact the Law Offices of Adrianos Facchetti for a free case evaluation at 626-793-8607.