Articles Posted in Pedestrian Accident

When you are injured as a pedestrian, you may recognize that you have an opportunity to seek compensation in court, but you may not know the best way to go about getting the full and fair recovery you deserve. You know to sue the driver who hit you, but the facts of your case could indicate that there are more people or entities who owe you compensation. That’s why, whenever you’re hurt in a pedestrian accident, it is well worth your while to retain the services of an experienced San Mateo injury attorney.

One tragic case where that issue (of multiple at-fault parties) was a factor was the fatal accident that claimed the life of K.P., a Cal State East Bay student. According to a Mercury News report, K.P. was out for a jog around noon, just five blocks from her home, when the accident took place. Two men who had been street racing crashed into one another. The crash sent one of the vehicles, a Nissan Altima, careening off the road. It bounced off some utility trucks and then slammed into the jogger, pinning her against a tree, according to the report. She died at the scene.

Certainly, the driver who struck and killed K.P. would be liable to her family for the harm that he was proven to have caused. However, in a circumstance like this, the extent of liability doesn’t stop there. The other driver (the one who did not directly hit the jogger) is also liable for his negligent or reckless conduct.

For many people who undertake civil lawsuits after they’ve lost a loved one due to another’s negligence or misconduct, the lawsuit is an important means to an essential end. The deceased may have been a primary, or even sole, income provider for an entire family, and a civil judgment or settlement may be necessary to pay outstanding medical bills and final expenses, as well as to avoid a financial crisis from the loss of the deceased’s earnings.

Sometimes, though, the money from a judgment or settlement isn’t as much of a need. Whether it is due to insurance payouts or other financial reasons, the deceased’s death, while undeniably taking an incalculable emotional toll, may not have created as much of a financial hardship. Even in that latter scenario, there may be very important reasons for undertaking a civil lawsuit and seeing it through to a judgment. Whether it is seeking closure, seeing justice done or some other reason, these reasons are just as valid, require just as much diligence, and are cases just as much in need of a thoughtful and experienced San Mateo wrongful death attorney as any other.

There are cynics among us who say, “Even when they say it’s not about the money, it’s about the money.” Here’s a case, reported by keyt.com, that disproves that notion. The victim in the case was a popular Southern California assistant principal, who was out jogging when he was struck and killed by an intoxicated driver, who was reportedly high on Xanax and marijuana at the time.

Sometimes, the crux of your case will be focused primarily on establishing that the defendant was at fault and is liable for paying you compensation. The defense may contest liability aggressively, arguing that someone else (or no one) was to blame for the injuries. Other times, you may have evidence that makes contesting liability very difficult or nearly impossible and, in some of those cases, the defense may even admit liability.

Even when that happens, your work is not yet done, especially in a wrongful death case. Getting a truly proper judgment means putting on the evidence you need to show just how extensive the loss you suffered truly was. If you’ve lost a loved one due to a driver’s negligent conduct, you have, first and foremost, a hole in your heart and hole in your life that nothing can fill. You probably also have substantial damage to your family’s financial situation, however, especially if your deceased loved one was a primary earner. All of these damages are real and deserve to be compensated. Be sure you take on your case with the aid and representation of a skilled San Mateo wrongful death attorney to get the full award you deserve.

C.P.’s was an example of a case with a tragic loss and a very large jury verdict. As reported by the Ventura County Star, C.P. was jogging along a street in Ventura as part of his training for a marathon race. As C.P. jogged, a driver, S.C., struck him with her vehicle, killing him. The driver had consumed both Xanax and marijuana prior to getting behind the wheel, according to the report.

If you watch many TV courtroom shows, you’ll likely see at least one or more moments when the action reaches a peak of tension or drama. This often involves some groundbreaking reveal discovered while a witness is testifying in open court, which shifts the odds and allows the just outcome to be reached. Rarely, if ever, will you see your favorite courtroom show build to a dramatic crescendo around attorneys arguing over what jury instructions the judge will read to the jury. Yet, in the real world, it is details like these, and getting them right, that can make all the difference between success or defeat, whether you’re in criminal or civil court. To make sure you have the representation you need when it comes to “sweating the small stuff,” be sure you have an experienced San Mateo injury attorney on your side.

To see how important these things can be, look at what happened in the case of U.S.G., an injured pedestrian. In the city of Salinas, there is a shopping mall whose driveway meets a public road at a “T” intersection. A crosswalk runs along that driveway. The crosswalk was situated on public land, and was the city’s responsibility when it came to maintenance. The city originally painted the crosswalk’s white lines in 1997. Those lines were never touched up or repainted at any point after the original 1997 paint job.

These unfortunate facts came to matter a great deal for U.S.G., who was crossing the driveway inside the faded crosswalk one day in 2013 when a truck turned left off the public road and onto the driveway. The truck slammed into the pedestrian, seriously injuring her.

When you decide to cross a street, there are certain things you can do to enhance your safety. You can choose to cross with the light and you can choose to cross inside the crosswalk. When you do those things, you likely have certain expectations, like not being run over by a large vehicle. Regrettably, these kinds of pedestrian accidents do happen all too often. If you’ve been hurt (or a loved one was killed) in this type of pedestrian-versus-truck accident, be sure you reach out to a knowledgeable California injury attorney about your situation.

Unfortunately for one 69-year-old southern California woman, she allegedly did all those safety-related things right as she cross a street in Alhambra, but still met with a tragic end. She reportedly had a walk signal and she was inside the crosswalk when a cargo van that was turning left crashed into her. She suffered injuries to her brain and to her cardiovascular system. Those injuries ultimately proved fatal, according to the Pasadena Star-News.

When that happens to your loved one, there are certain things you should know. It is fundamentally understood that no amount of money can take the place of a beloved family member. However, what is also undeniably true is that the unexpected loss of a loved one can cause massive harm to the family members left behind, both emotionally and, sometimes, financially.

According to the Los Angeles Times, an injured woman and the family of a deceased woman worked out a settlement recently with the City of Los Angeles to bring to an end lawsuits that accused the city of failing to maintain parts of the Venice Beach Boulevard properly, allowing a driver to avoid barriers and crash into pedestrians located on the Boardwalk. The outcome occurred in part because the plaintiffs were able to defeat the city’s claims of immunity (which would have ended their lawsuit) and were subsequently in a position to negotiate a workable settlement. Whether you are intent upon pursuing your case all the way to judgment or are open to settling, it helps to have skilled California pedestrian accident counsel on your side, who can provide you with the benefit of their experience and give you the advice you need.

The accident happened on a late summer afternoon in August 2013. Locals and tourists were enjoying the usual activities along the Venice Beach Boardwalk until a driver, who had managed to maneuver his car around the Boardwalk’s barriers, drove his vehicle into the crowd on the Boardwalk. The crash injured 16 and killed one Italian woman who was on her honeymoon.

One of the injured people, as well as the family of the deceased woman, sued the City of Los Angeles. The lawsuits asserted that the inadequacy of the barriers between the Boardwalk and a nearby city street (which the driver used to enter the Boardwalk with his car) amounted to a dangerous condition and that the city’s failure to correct this hazard made it liable for the injuries caused.

While many people think of low-speed crashes that cause only soft tissue injuries as “minor,” soft tissue damage can cause serious, long-lasting, and even life-altering problems. Even if an accident did not cause any immediate broken or dislocated bones, or lead to any major surgeries in the short term, it can still lead to years or a lifetime of pain and suffering. Regardless of the injuries you suffered, if you were hurt because someone crashed into you, make sure you protect yourself by reaching out to an experienced California car accident attorney about your case.

A recent jury verdict from Los Angeles County (Los Angeles Superior Court Case No. BC597023) is an example of how serious these injuries can be, and the fact that they can lead to significant jury awards. According to his lawsuit, Hernan was walking across the parking lot of a car rental agency at LAX Airport when Wesley began backing up in his SUV toward Hernan. In an attempt to protect himself, Hernan put his arms up. The SUV’s rear window allegedly collided with his arms, and his rear hit the bumper. His head also allegedly hit the window of the SUV. Wesley, in his defense, argued that he barely moved the SUV and that his vehicle and Hernan never came into contact at all.

Hernan’s accident was a clear example of a low-speed pedestrian accident. The defense argued that the SUV was barely moving at all. The injured man, in his lawsuit, asserted only soft tissue injuries. Soft tissue injuries involve harm to the muscles, tendons, or ligaments of the human body. Soft tissue injuries typically are sprains, strains, and contusions. They can cause pain, swelling, and also a loss of the use of a body part.

In any civil lawsuit, steps like marshaling all of the evidence that supports your case is an obviously important part of the process. There are other procedural details, however, that can be easier to overlook or, alternatively, easier to get wrong if you aren’t keenly familiar with the rules. In one recent case involving a fatal vehicle crash, the plaintiffs retained counsel, and they did comply with the rules, which is why their $2 million judgment survived a defendant’s challenge to the manner in which they provided service of process.

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If you are injured in an auto accident, you’ll likely have to jump through several hurdles as part of your pursuit of recovery. One of the keys to maximizing the chances of success is avoiding hurdles that are not mandatory but that can trip up your case. In one recent case involving an injured delivery driver, the Sixth Appellate District Court decided that the driver didn’t have to submit to an exam by the defense’s vocational rehabilitation expert because that type of exam wasn’t expressly listed in the California statutes.

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In many walks of business (and life), you will hear people talk about “the fine print.” In legal matters, it helps to have a team on your side well-versed in identifying the little things that can make big differences in your injury case. For example, California law has a statutory section that requires plaintiffs, in some situations, to pay some of a defendant’s costs if the plaintiff received and refused a qualifying settlement offer. In the case of one injured pedestrian, she escaped paying any of the defendant’s costs because the defendant’s settlement offer did not meet the strict requirements of Section 998 of the Code of Civil Procedure.

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