By admin
If you or a loved one has been attacked or been a victim of a dog bite in San Diego, there are important rights that you have. Call today and speak with a lawyer free about your dog bite case. In California, there is no such thing as “one bite rule.” Strict liability applies in California, meaning that there is no dispute as to who is at fault. A dog owner, or a landlord are responsible for your injuries.
Call today and speak with a San Diego dog bite lawyer today.
By admin
Have you been involved in an accident in San Diego? Call now and talk to an experienced and aggressive San Diego Personal Injury Attorney for free.
Before you talk to anybody about your accident case, it is critical that you know what your legal rights are. The insurance company wants nothing more than to settle your case quick and cheap before you get a lawyer. Do not give any statements or sign any papers. Protect yourself and let us fight for you. Contact us today for a free legal consultation.
By admin
Yesterday, Mohamed Abdirahman Husien, 82, was crossing the street as a pedestrian when he was struck and killed by a car in San Diego. Husien who was from Somalia was crossing University Avenue early Monday on his way to morning prayer at Masjid Alnasar, a mosque on Winona Avenue.
Husien was a devout Muslim and prayed several times a day. He was rushed to Scripps Mercy Hospital in nearby Hillcrest where he died from traumatic brain injuries.
Police are currently investigating the accident, but reports have indicated that the driver of the car was an unlicensed driver and did not see Husein in the dark.
By admin
On Monday, at about 3:35pm a speeding car heading northbound near Otay Mesa Road lost control and struck a pedestrian who was walking along the road. The victim, who has not yet been identified is 33 and was pinned between another parked car and was rushed to the hospital with serious but non-life threatening injuries to his legs.
Pedestrian accidents in San Diego can be life altering. Do not risk losing more. Call now for a free legal consultation and protect your legal rights.
By admin
Because of the increased susceptibility of an open air motorcycle, motorcyclists experience catastrophic accidents. 80 per cent of all victims suffer an injury. Estimates cite about 50,000 people are hurt annually in motorcycle accidents in the United States alone. Of these 50,000, 3,000 will die. For those who survive, they may endure crippling injuries.
If you or a loved one has experienced serious injury or death during a motorcycle accident, it is advisable to seek compensation with the assistance of a qualified motorcycle accident attorney. Your case rests on proving that it was the other person’s fault that caused the accident.
For example, your attorney will attempt to prove the other driver was speeding, was under the influence of drugs and/or alcohol, was reckless, not paying attention to signs and road conditions, and acting wrongfully or negligently. Your attorney will attempt to prove their liability.
It is important, however, to know the law in California regarding motorcycles before you can prove the other person liable. First, all motorcyclists must wear a helmet. It is the law.
Secondly, lane sharing is legal in California. This signifies that cyclists can ride in between lanes in order to pass vehicles. There used to be stipulations about what was safe and unsafe lane sharing in the California Highway Patrol handbook, but that part has been deleted. Now they state, that you lane share in any safe and prudent manner. This means that you are not going faster than 35 miles per hour and you should not be driving 15-20 miles an hour faster than the traffic you are passing. Claude Wyle, member of the Advocate Law Group, disputed the fact that lane sharing is not safe. “It is much easier for a motorcyclist to get through a traffic jam by lane sharing than it is to be sitting there stuck in between cars. A motorcyclist has a better potential for getting rear ended than a car because he’s more difficult to see. There’s only one taillight. There’s just a body of a human instead of a body of a car and it’s better for that motorcyclist to get out of trouble as long as they do it safely and prudently.”
Motorcycle accidents commonly result in serious injury and death. Motorcycle accident victims are, in fact, 26 more times likely to die in an accident than their motor vehicle counterparts. This is due to the open nature of the vehicle, as well as its size. It’s hard to see motorcycles on the road. In addition, drivers are unaware of how to drive close to a motorcycle and their negligence can be deadly.
In addition to other drivers being liable, highway officials may be found negligent if there are unsafe road conditions. If the accident was due to a faulty or defective part, the motorcycle manufacturer or auto manufacturer may be liable. Be aware of a statute of limitations during which you can sue. Call us today for a free consultation of your motorcycle accident case.
By admin
If you are a baby boomer, one or more of your parents may be in a nursing home. There are 1,406 nursing homes in California alone. Hopefully, you have done your homework and helped your parents choose the right one—one that provides care and treats them with dignity. Unfortunately, however, sometimes the rights of nursing home patients are violated. Charges of elder abuse, financial abuse, neglect, and mental suffering often occur.
Monitor what your parents tell you about the nurses and staff. Listen carefully to their complaints. If they sound well-founded you can hire an attorney or file a complaint with the Licensing and Certification Division of the California Department of Public Health. Here’s how.
Any individual or company can file a complaint regarding a nursing home. The Department of Public Health regulates the operation of nursing homes through regular inspections and also enforces the laws governing their maintenance. They conduct investigations into all complaints against nursing homes.
You can file a complaint about any mistreatment you feel you or your loved one is receiving. These include but are not limited to poor care, short staffing, neglect, safety, mental suffering and the like.
File a complaint when you have exhausted all other remedies such as complaining directly to staff. Make certain you have contacted the ombudsman office in your county for assistance. They aid residents and resolve issues regarding their rights and care. The ombudsman attempts to mediate between you and the nursing home. They can also help you get in touch with outside agencies like the DPH. Unlike the DPH, however, they have no authority over the nursing home.
Complaints are made in writing by filling out a form. Take notes of the incidents of abuse. Keep a journal. Be specific by citing facts not generalities. Include staff members’ names, date and time of the incidents, witness’s names, and any relevant records.
Along with the DPH, you should file your complaint with California Advocates for Nursing Home Reform (CANHR), the local ombudsman office, your California Assembly Member and Senator, and the Bureau of Medi-cal Fraud and Elder Abuse. The BMFEA is a division of the California Attorney General’s Office. You can call them at 800-722-0432, file your complaint online at www.ag.ca.gov/bmfea or mail a copy to California Department of Justice, Office of the Attorney General, Bureau of Medi-cal Fraud and Elder Abuse, P.O. Box 944255, Sacramento, CA 94244-2550.
By California law, DPH must commence an investigation of your complaint within ten working days of receipt of the complaint. They must visit the facility in person. When the resident’s life is in danger, the DPH must begin its inquiry within 24 hours. Pay close attention to the DPH’s compliance with deadlines, and contact the CANHR if they do not conduct their investigation in a timely manner.
You have certain rights when filing a complaint. You must be informed of the name of the investigator within two days of your complaint. You may not be retaliated against for filing a complaint. You may remain anonymous. You may go along with the investigator to the facility if it is a family member who is a resident. Finally, you have the right to an answer to your complaint.
By admin
On December 2, 2008, a group of riders traveling on bicycles went down and suffered injuries on North Torrey Pines road. The cause of this crash was a damaged bike lane which has numerous pavement and cement cracks and ruts.
On January 23, 2009, another rider on a bicycle, Jon Robins suffered 13 rib fractures and a shattered clavicle when his bike caught a rut on the same path in Torrey Pines.
The City of San Diego is well aware of this problem. More than half a dozen bicycle accidents have occurred in this very lane, on this street. City crew members have laid down a temporary fix, however, this does not prevent cyclist from being thrown off of their bikes.
If you or a loved one has been involved in a bicycle accident in San Diego, call now for a free consultation of your case. Don’t allow your legal rights to be taken away.
Read our blog posts for more information on bicycle accidents in San Diego, California.
By admin
In October 2008, a bus accident occurred in Williams, California that killed eight people and wounded 35. Among the dead was the owner of the bus company, and among the wounded was the driver. The accident took place north of Sacramento and was on its way to a casino when it flipped over and rolled into a ditch along side a two-lane highway.
The driver of the vehicle was hospitalized and was arrested on suspicion of driving under the influence of alcohol. According to the California Highway Patrol, he had a valid commercial driver’s license, but was not certified to drive passengers in a chartered bus.
He had also been previously ticketed for speeding and other infractions and had lost his license for nearly two years.
When he recovered, do you think he turned to a lawyer? And what about the 35 other people wounded in the accident? What about their medical bills? And the victims, what legal avenues can their families pursue?
State and Federal law does not necessitate anyone to retain a lawyer. However, handling an accident claim like this one demands a very experienced individual with legal skills if it is to be done correctly. Attorneys that are knowledgeable in analyzing the legal technicalities of liability, understanding the loopholes of insurance policies, and settling claims should be consulted to obtain compensation from such a horrific accident. You should hire someone or some firm that deals with personal injury cases.
Most bus accident cases have a statute of limitation of two years. That means you can bring a case against the other party for up to two years after the fact. There are exceptions to this rule which you should inquire with an attorney.
By admin
Millions of Americans are injured or killed each year due to defective products. Unlike other types of cases, such as automobile accidents or “slip and fall” cases, it is not necessary to prove that the manufacturer, distributor, or retailer of the product was careless (“negligent”) in designing or making the product. Rather, the manufacturer, distributor, or retailer is “strictly liable” for injuries, deaths, and damage to other property caused by the defective product. This means that the victim is not required to prove that the manufacturer, distributor, or retailer—or anyone else involved in the “stream of commerce”—did a particular act of carelessness in making or designing the product that resulted in the product’s being dangerous.
The rational behind holding a manufacturer, distributor, or retailer strictly liable for a defective product without regard to whether it was negligent or not is that the manufacturer and others in the stream of commerce are in a better position to protect themselves from the costs associated with a defective product than are the users of the product. For instance, the manufacturer, distributor, or retailer can obtain insurance to protect them and spread the cost of the insurance premiums across the board by raising the price of its product a few cents or dollars. Putting the brunt of liability for defective products on the manufacturer, wholesaler, or retailer simply makes it part of its cost of doing business that it can pass along to the purchasers of its product.
The definition of “product” is used expansively. Products include everything from automobiles to bottles to elevators to mass-produced residential homes and apartment buildings. But it is not necessary that the product be mass-produced. The fact that a product is unique does not render its maker, distributor, or seller any less liable for any injuries or damage caused by it if it is defective, if the company is otherwise in the business of manufacturing and selling products as part of it full time commercial activity. Thus, a company that makes a one-of-a-kind device for a customer is bound by the laws of strict liability. Indeed, some companies are in the business of making specialized products for each job. This does not make them any less amenable to the laws of strict products liability.
Strict products liability, however, does not apply to the one-time or occasional seller. For instance, if you hold a yard sale and sell an item that turns out to be defective and causes injury, you are not held strictly liable for the victim’s injuries. The victim will have to prove that you were somehow negligent in causing the defect that injured him or her. Proving negligence requires a much higher standard of proof than strict liability. (Used goods sold by non-dealers are usually “as is” sales, and come with no warranties or guarantees.) Similarly, if a neighbor sells you a one-time batch of tomato sauce, he or she would not be considered a “seller” under products liability law. If you became sick after eating the sauce, you would have to prove that your neighbor was careless (“negligent”) in making the sauce, and such negligence was the cause of your injuries.
A person or entity involved in the manufacturing, distributing, or retailing of a product is strictly liable if (1) the person or company places the product on the market (2) knowing that it is to be used without inspection for defects, (3) the product proves to have a defect, and (4) the defect causes injury to a person or other property. The defective product must be dangerous and unsafe when used not only for its intended purpose, but also for uses that can be reasonably anticipated by the manufacturer, distributor, or retailer of the product (“foreseeable” uses).
A product may be defective because of a flaw in its design or a defect in its manufacture. The difference between a product that is defectively designed and one that is defectively manufacturer is that, in the first case, all of the products—even if made to the manufacturer’s exact specifications—are defective and dangerous. On the other hand, when it is a defect in manufacture, that means that the product, when properly made, is safe for its intended use; a manufacturing defect, such as a defective weld in one product, makes a specific product defective, not the whole batch.
A product is defective in design either (1) if the product failed to perform as safely as an ordinary consumer would expect when the product was used in an intended or reasonably foreseeable manner, or (2) if the risks inherent in the dangerous design outweigh the product’s benefits. The first test is known as the “consumer expectation” test, while the second test is known as the “risk-benefit” test. Mass production of defectively designed products that makes them dangerous when used in their proper way can mean mass injuries.
Under the “consumer expectation” test, when a product fails to meet ordinary consumer expectations as to the safety of the product in its intended or reasonably foreseeable use, a manufacturer is strictly liable for the resulting injuries or property damage. The consumer expectations test is based on the theory that when a manufacturer places a product on the market, it makes an implied representation that the product is safe for the tasks it was designed to accomplish.
Under the “risk-benefit” test of a defective design, this involves a balancing of the danger posed by the product’s design against the product’s usefulness (“utility”). This does not necessarily require that the product’s risk of harm outweigh the product’s benefits. Liability may be imposed where the product’s design has an “excessive preventable danger,” and it would have been feasible for the manufacturer to reduce the risk of harm by using an alternate, safer design. For example, a glass bottle of apple juice marketed for infant use could be made safer by an alternative design, such as the use of plastic instead of glass, thereby preventing injuries to infants who might be injured by broken glass if the bottle was accidentally dropped.
A product is defective in its making when something happens during the manufacturing process that makes the particular item unsafe and dangerous, even though it has been designed safely. Some of the problems could be a faulty weld, loose or missing screws or nuts and bolts, or using materials that are inferior in quality than those called for by the specifications. The manufacturer or supplier of a defective part that is used in the product (a “component product”) is strictly liable for any and all injuries and damages caused by its defective part, even though it is incorporated into a larger product.
One major criteria of strict products liability law is that, at the time of the injury, the product was in substantially the same condition as it was when it left the manufacturer. If the company was in the business of supplying raw materials that would be incorporated into the final product, the questions are whether the raw material met the specifications the manufacturer set and whether the product was materially changed. If the manufacturer ordered raw material of quality “A” but the supplier sent an inferior quality of product, the supplier can be held liable for strict products liability. If the supplier sends product meeting the standard requested by the manufacturer, but the design is faulty in not requiring a higher standard of raw material, the supplier is not strictly liable.
If the material sent by the supplier is dangerous in and of itself, it can be held liable under the laws of strict products liability if the material retains its inherent quality. The most common example of this is asbestos: For years, asbestos was used by many manufacturers in a number of products and in many of them the raw asbestos was processed, yet the asbestos (particularly its dust) retained its toxic qualities. In such a case, the manufacturer and supplier of the raw asbestos is held strictly liable for injuries resulting from the inhalation of asbestos dust.
A product may also be defective when, although the product was properly designed and manufactured, it fails to include adequate instructions for its use or in the failure to provide adequate instructions on how to use it or sufficient warnings regarding its dangers when used in a proper or foreseeable way.
Note that the law does not impose absolute liability. If the person were using the product in a way the manufacturer, distributor, or retailer could not have foreseen, strict products liability does not apply. Also, where the victim was partially at fault for his or her injuries or death, the legal doctrine of “comparative fault” applies to reduce the amount of monetary damages the manufacturer, distributor, or retailer must pay. The fault of the victim is weighed against (compared to) the fault of the manufacturer, distributor, or retailer. For instance, if the victim was 25 percent at fault for causing his or her injuries, then the amount of his or her financial recovery is reduced by that amount. Hence, if a jury concluded that the total damages amounted to $100,000 but found that the victim was 25 percent responsible for the accident, then the victim’s award would be reduced by the percent of his or her fault (in this case, 25 percent), so that instead of receiving the full $100,000, the victim would receive only $75,000.
Sometimes when a person is injured by a defective and dangerous product, his or her injuries will be obvious, such as a broken arm, burns, or head injuries. However, in some cases it is not at all unusual for injuries to take a few days to a few weeks to show up. Therefore you should contact an experienced personal injury law firm as soon as possible after the accident. The attorney is familiar with the types of injuries that may arise as a result of being injured by a defective product, and oftentimes can help find a skilled doctor to treat you.
If you have been injured or a loved one killed by a defective product, you should promptly consult an experienced personal injury law firm. The defective property should not be reused, repaired, destroyed, or otherwise changed or disposed of without first giving the attorney and his or her investigator the opportunity to inspect and evaluate it. All instructions, warnings, and other packaging materials (such as the box the product came in, if any) should not be thrown out, but rather given to the attorney so he or she can evaluate the sufficiency of assembly instructions, danger warnings, and other important information. The attorney or his or her investigator will want to talk to any witnesses to the incident while the facts are still fresh in their minds.
In most products liability cases, the attorney will want to keep the product in the same condition it was when it caused the injuries until the case is completely over. In many cases, the attorney will want to hire an expert in a certain field to evaluate the defective product and testify at trial. The attorney will often need to have the product and/or assembly instructions or warnings evaluated by a professional such as an engineer or human factors expert to see whether the product posed an unreasonable risk of harm. For instance, if a product failed because of metal fatigue and caused serious injuries, the attorney will likely want to have the product tested and evaluated by a metallurgist.
By admin
The California Vehicle Code contains laws designed to make the roads safe for pedestrians to cross the street at crosswalks. The rules that apply to a pedestrian include persons on foot, in a wheelchair, using a walker, or pushing a stroller. The laws are designed and intended to provide convenient and safe passage for pedestrians on and across all streets and highways, encourage people to walk, and reduce pedestrian fatalities and injuries.
There are two types of crosswalks: marked and unmarked. Marked crosswalks are those that are painted on the road, whether at an intersection of two roads or in the middle of a long block. A middle-of-the-block marked crosswalk may be dangerous because of a lack of a traffic sign warning of the upcoming crosswalk or no traffic signal light regulating the flow of traffic. Such a crosswalk may also be dangerous where it is not properly lighted at night. Unmarked crosswalks exist at every intersection regardless of whether or not there are traffic signal lights there, unless a posted sign states otherwise (e.g., a yellow “No Ped Xing” sign).
Generally, a driver must yield the right-of-way to a pedestrian crossing the road within any marked crosswalk or within any unmarked crosswalk at an intersection. Common causes of vehicles striking pedestrians in crosswalks include driver inattentiveness, speeding so that the driver does not see the pedestrian in the crosswalk in time to stop, and trying to beat a yellow light before it turns red and making a right turn into a crosswalk just as a pedestrian steps off the curb to cross the street as the signal light changes. Driving under the influence of alcohol or drugs – whether illegal or prescription – plays a major role in many crosswalk accident cases.
A driver approaching a marked or unmarked crosswalk must reduce his or her speed or stop as is necessary to protect the safety of the pedestrian. Also, a driver must yield the right-of-way to any pedestrians on the sidewalk before driving over the sidewalk, such as to enter a shopping center parking lot. An existing marked crosswalk may not be removed unless proper notice and the opportunity to be heard is given to the public at least 30 days before the scheduled date of removal. The notice of proposed removal must also be posted at the crosswalk slated for removal.
If a pedestrian crosses a street or road at any place other than a marked or unmarked crosswalk at an intersection, he or she must yield the right-of-way to all vehicles on the road that are so near as to pose an immediate hazard. However, the driver is still required to use due care for the safety of the pedestrian. In other words, a pedestrian crossing a street in the middle of a block does not become fair game for vehicles.
Note, however, that a pedestrian cannot just walk into the crosswalk and expect all cars to stop. The pedestrian must use caution (“due care”) for his or her own safety, and may not suddenly leave a curb and walk or run into the path of an oncoming vehicle that is so close as to constitute an immediate hazard. However, a pedestrian’s failure to use due care for his or her own safety in crossing the street at a marked or unmarked crosswalk does not excuse the vehicle driver from his or her own duty to drive carefully for the safety of a pedestrian within any marked or unmarked crosswalk.
If both the driver and the pedestrian are at fault, the injured pedestrian is entitled to recover that amount of damages attributable to the driver’s fault. In legal terms, when the victim is also at fault, this is known as “comparative negligence” or “comparative fault.” For instance, if the pedestrian is negligent in stepping into the crosswalk without looking, and the driver is speeding and can’t stop in time to avoid hitting the pedestrian, they will both likely be considered legally at fault. Suppose a jury determines that each of the parties was 50 percent at fault. That means that the injured pedestrian (or family of a pedestrian who was killed in the accident) is entitled to recover half of his or her damages from the driver. In a vehicle-pedestrian accident, the pedestrian is often severely injured and has medical bills in the tens of thousands of dollars. The injured victim would be entitled to be reimbursed by the driver for one-half of those damages. The injured victim would also be entitled to recover one-half of his or her other damages, such as lost wages and pain and suffering. In the case of a pedestrian who broke his or her neck (a quadriplegic) or lower back (a paraplegic), even if he or she was partly responsible for the accident, his or her monetary recovery from the negligent driver could still run in the millions.
Often, a car on a multi-lane road stops for a pedestrian at a crosswalk, the pedestrian starts walking across the street, but is hit and injured when another car flew right past the stopped car, injuring the pedestrian. The California Vehicle Code expressly provides that, when a vehicle has stopped at a marked or any unmarked crosswalk at an intersection to let a pedestrian cross the roadway, the driver of any other vehicle coming from the rear must not overtake and pass the stopped vehicle. So on multi-lane streets and highways, when one vehicle has stopped to let a pedestrian cross the street, a car traveling in the same direction in the other lane must also stop. The reason for this rule is that the car that stopped to let the pedestrian cross may result in the pedestrian being hidden from the view of other approaching cars.
Walking on, across, or next to a roadway—even if you are on the sidewalk—can be a dangerous thing. According to statistics compiled by the United States Department of Transportation, Federal Highway Administration, approximately 5,000 pedestrians are killed and more than 78,000 pedestrians are seriously injured each year by cars, trucks, buses, and other motor vehicles. Pedestrian deaths make up about 15 percent of all highway fatalities in motor vehicle crashes and 85 percent of all non-occupant deaths. The vast majority of pedestrian fatalities involve a single motor vehicle, and, while a significant number of pedestrian fatalities occur in a crosswalk at an intersection, the majority of pedestrian fatalities occurs at places other than intersections. Pedestrian fatalities account for approximately 11 percent of motor vehicle-related fatalities each year. Over 180,000 pedestrians were killed in motor vehicle accident between 1975 and 2005. Pedestrians make up the second largest category of motor vehicle accident deaths, following only occupant deaths. On average, a pedestrian is injured in a traffic accident every 8 minutes; a pedestrian is killed in such an accident less than every two hours.
Some of the leading factors in cases of pedestrians being killed or injured by a moor vehicle include impairment due to alcohol or drugs, an inattentive driver, the driver driving too fast for the conditions, the driver’s failure to yield the right-of-way to the pedestrian, the failure of the driver to keep in the proper lane, and erratic or reckless driving. Pedestrian factors involved in single vehicle pedestrian deaths include being under the influence of alcohol, improper crossing of a roadway or intersection, walking, playing, or working in the roadway, failure to yield the right-of-way to the vehicle, darting or running into the road, not visible to approaching traffic, inattentiveness (talking on a cell phone, eating, etc.), and failure to obey traffic signs and signals.
Young children and the elderly are most at-risk for being struck by a motor vehicle. While children are more likely to be injured rather than killed in a pedestrian/motor vehicle collision, elderly pedestrians, even though they are struck less frequently than children, are more likely to die after being struck by a vehicle. The elderly account for 16 percent of all pedestrian fatalities, but only 6 percent of all pedestrian injuries.
Most pedestrian fatalities occur in urban areas at non-intersections and roadways without crosswalks. Darkness and dark-but-lighted streets play a major role in pedestrian deaths. 50 percent of pedestrian fatalities occur between the hours of 6:00 p.m. to midnight; 64 percent of pedestrian fatalities occur between the hours of 6:00 p.m. and 6:00 a.m. 45 percent of pedestrian fatalities involving children under 16 years of age occur between 3:00 p.m. and 7:00 p.m. The vast majority of pedestrian fatalities from vehicle accidents occur on Friday, Saturday, and Sunday, in later evening hours. Most pedestrian fatalities in single vehicle crashes occur on roads on which the posted speed limit is 30 to 39, followed by 50 and over, and then 40 to 49 miles per hour. Almost 70 percent of pedestrian fatalities are male, and the male pedestrian injury rate is about 58 percent higher than females.
Q. Does it help my case if the driver of the vehicle that hit me was in violation of a provision of the Vehicle Code designed to protect pedestrians in crosswalks or other places?
A. When a driver violates a provision of the Vehicle Code (or the Penal Code), such as failing to stop next to a car that has stopped to let a pedestrian cross or failing to stop in time to avoid hitting the pedestrian because he or she was speeding, and the pedestrian is injured or killed as a result, there is a legal (“evidentiary”) presumption that the person was negligent and was the cause of the victim’s injuries or death. The presumption of negligence for injuries or deaths resulting from a breach of a provision of the Vehicle Code (in legal terms, a “statute”), or city or county ordinance or regulation must be a cause of the victim’s injuries or death, and the victim must be a member of the class of person whom the statute was designed to protect.
Q. What type of damages am I entitled to do if I have been injured in a crosswalk or other pedestrian accident by a negligent driver?
A. As you can imagine, when a pedestrian has been struck by a vehicle driven by a careless (“negligent”) driver, the injuries are frequently catastrophic, even fatal. A 150-pound person is no match for a moving vehicle weighing several thousand pounds or more. If you survive such an accident, you may suffer broken bones, such as your arms, legs, pelvis, or ribs, or severe internal injuries. You may even break your neck (quadriplegia) or your back (paraplegia). You may also suffer a traumatic brain injury (TBI) when your head hits the pavement or other surface. You may also receive severe friction burns to your body by being dragged by the car. More information on the types of damages you can recover when you or a loved one has been struck by a motorist are available at the Damages You Can Receive Information Center and, in the case of a pedestrian who has been killed, at the Wrongful Death Information Center.
Q. My child, spouse, or parent was seriously injured or killed when he or she was struck by a car while out walking. Should I hire a lawyer and how soon after the accident should I do so?
A. If you or a loved one have been injured or a loved one killed by a negligent driver while in a crosswalk or when out walking as a pedestrian, it is important that you promptly retain an experienced personal injury lawyer. The lawyer can often help arrange for proper medical care for the injured pedestrian, and will often want to visit the scene of the accident or send an investigator to the scene to inspect it and take pictures while it is in the same or a similar condition as when the pedestrian was injured. The lawyer will also want to interview witnesses to the accident while the event is still fresh in their minds. The lawyer may want to hire an expert in accident reconstruction to recreate the scene as it was at the time of the accident to prove that the driver of the car was at fault.
