On March 9, 2018, at approximately 6:11 a.m., a crash left one person dead. The crash occurred on the eastbound side of the 101 Freeway in Studio City near Laurel Canyon Boulevard. The victim’s body was found in the center lane of the freeway; a bicycle was found leaning against the freeway’s walls. The incident was established as auto versus pedestrian; however, the discovery of the bicycle created concerns of the crash being auto versus bicyclist.
Unfortunately, both pedestrian and bicyclist accidents can lead to serious injuries and, in some cases, death. Many victims of these accidents or surviving family members might ask themselves the following questions:
- What are my rights after an auto versus pedestrian accident?
- What are my rights in an auto versus bicyclist accident?
- Do I have the right to sue and receive compensation?
- Can I file a wrongful death claim if my family member died in a pedestrian or bicyclist accident?
Many victims and their families are left with these questions unanswered. Some people do not have access to the legal assistance necessary to find the answers to the questions posed above. Because of that, they do not take legal action, and they never receive the compensation that they deserve. If you are interested in filing a pedestrian or bicyclist accident claim, you must contact our law firm as soon as possible.
Normandie Law Firm is a firm dedicated to representing those affected by pedestrian and bicyclist accidents. Our attorneys have many years of experience handling pedestrian and bicyclist accidents. If you or a loved one was injured after being struck by a vehicle, you must contact us as soon as possible. Our attorneys will give you all the information you need begin the process of filing an accident claim and recovering the compensation that you deserve.
In the following sections, you will find information that should help you gain an understanding of your current legal situation. Although you should find the sections below informative, you should not use it as your primary source of information. Instead, you should contact our law firm and request to speak with our attorneys. Our attorneys will give you all the information you need to begin your legal process.
Causes of Pedestrian and Bicyclist Accidents
Pedestrians and bicyclists are vulnerable to motorized vehicles. Although there are sidewalks and bike lanes, pedestrians and bicyclists always run the risk of being struck by an auto and suffering severe injuries. Why do pedestrian and bicyclist accidents happen?
When a pedestrian or a bicyclist is injured or killed in a crash, who is usually blamed? In the majority of cases, the drivers who strike pedestrians or bicyclists are blamed for the accident. Car crashes that injure or kill pedestrians or bicyclists often occur for the following reasons:
- The driver failed to yield.
- The driver was distracted by a mobile device.
- The driver was ignoring traffic laws.
- The driver was speeding.
- The driver was under the influence of drugs or alcohol.
The points highlighted above exemplify some of the reasons why the actions of a driver would lead to a pedestrian or bicyclist accident. In these cases, if a driver negligently caused an accident, he or she would be liable for the injuries sustained by the victim. Why would the driver be liable? If the driver did anything listed above, he or she could be accused of negligence. Negligence consists of four elements: duty, breach, cause, and harm.
All drivers have a duty to drive their vehicles with care to prevent injuries to all other parties that might be on the road—including pedestrians and bicyclists. They must always drive cautiously and diligently, following all traffic signs and laws. As soon as they do anything mentioned above, they are breaching their duty of care to all parties on the road. The breach of duty creates the risk of causing an accident which can harm other parties. If a pedestrian or bicyclist is injured as a result of a driver’s breach of duty, the driver could be found negligent and liable for the victim’s injuries.
Drivers can negligently cause pedestrian and bicyclist accidents, but can other parties cause these accidents, too? Both pedestrians and bicyclists can carry liability for their accidents. Let us discuss the ways in which pedestrians and bicyclists can cause their accidents:
- The pedestrians cross the street out of the designated crosswalks.
- The pedestrians cross the street while under the influence of drugs or alcohol.
- The pedestrians ignore the do-not-cross signals and cross anyways.
- The pedestrians walk onto a freeway where pedestrians are prohibited.
- The bicyclists are ignoring traffic laws and signals.
- The bicyclists are not riding with at least one hand on the handlebars.
- The bicyclists are weaving in and out of traffic.
- The bicyclists failed to signal before turning into traffic.
As you can see, pedestrians and bicyclists can be at-fault for their accidents. Pedestrians and bicyclists also have a duty to do everything to ensure their safety while riding or walking on or near busy roads. If pedestrians or bicyclists do anything listed above, they might have some liability for the accident.
Let us return to the unfortunate accident that occurred on the 101 Freeway in Studio City on March 9, 2018. The victim—unclear if the victim was a pedestrian or bicyclist—was struck on the freeway. All pedestrians and bicyclists are prohibited from entering the freeway. Therefore, the pedestrian or bicyclist struck by a vehicle after illegally entering the freeway would be liable—or at least partially liable—for his or her accident and injuries. In many pedestrian and bicyclist accidents, both parties involved have some liability. For example, if a bicyclist was weaving in and out of traffic and a driver was speeding when the accident occurred, both parties would be liable. If a pedestrian begins crossing a busy street out of a crosswalk and a driver was distracted by a phone when the accident occurred, for example, both parties would be liable. Why is liability important? Liability determines who is responsible for the accident—or who is required to pay after a lawsuit. If someone has full liability, they were fully responsible for the accident and would be required to pay for all of the victim’s compensation. If both parties are somewhat liable for the accident, the amount paid depends on comparative negligence. Comparative negligence reduces the damages a plaintiff is eligible to recover based on the plaintiff’s negligence. Since comparative negligence directly affects the compensation a plaintiff is eligible to recover, it will be discussed in the following section.
Compensation for Pedestrian and Bicyclist Accidents
What compensation are victims of pedestrian and bicyclist accidents eligible to recover? Although there is no guarantee that victims will recover any form of compensation, many victims recover a combination of the compensation listed below:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Funeral and burial expenses
- Punitive damages
The categories of compensation listed above apply to both injury claims and wrongful death claim. If you were injured in a pedestrian or bicyclist accident, you can sue and receive compensation. If you are a part of a deceased victim’s family, you can also sue and receive compensation. The type of compensation that you are eligible to receive depends on the details of your claim, such as the severity of your injuries and the effect of your injuries on your lifestyle, for example. Another factor that affects the amount of compensation you receive is comparative negligence, as mentioned in the previous section. Based on comparative negligence, if the defendant is 75% negligent and the plaintiff is 25% negligent, the plaintiff would only be eligible to receive 75% of the compensation awarded. Likewise, if negligence was 50/50, the plaintiff would only be eligible to recover 50% of the total compensation awarded. For more information on compensation and how it can be affected by comparative negligence, you should immediately contact our attorneys. Our attorneys will give you all the information you need and fight for your right to recover the maximum amount of compensation available for your claim.
Statute of Limitations
A statute of limitations is a timeline placed on a claim—a deadline to sue. The statute of limitations establishes the timeframe in which a plaintiff can sue. If the plaintiff does not file his or her claim within the statute of limitation, he or she will likely lose the right to sue. What is the statute of limitations that applies to your claim? The statute of limitations that applies to your claim depends on the type of claim you are interested in filing. If your loved one died as a result of a pedestrian or bicyclist accident, you would likely file a wrongful death claims. The statute of limitations to file wrongful death claims in California is two years. Therefore, surviving family members have two years from the date of the victim’s death to bring forth a claim. If you are the victim of a pedestrian or bicyclist accident, you have a statute of limitations of two years. Therefore, you must file your claim within two years of the date of the accident. For more information on the statute of limitations that applies to your claim, you must contact our law firm and request to speak with our attorneys.
Normandie Law Firm
Normandie Law Firm has dedicated many years to helping the victims of pedestrian and bicyclist accidents. Unfortunately, incidents of pedestrian and bicyclist injuries and deaths as a result of vehicle strikes continue to be prominent. Our law firm is committed to helping injured victims and surviving family members take legal action against the parties responsible for the accident. Many victims and surviving family members fail to seek legal assistance because they are unaware of their rights and fear the legal expenses associated with getting answers to their questions. However, our law firm is dedicated to making our legal assistance available to all. Our law firm offers free consultations and free second opinions to all injured victims or surviving family members interested in filing claims after pedestrian and bicyclist accidents. During our free consultations and free second opinions, our attorneys are available to answer all your questions and concerns. Our attorneys will review your claim and give you all the information you need to file a successful lawsuit. Our attorneys will clarify the confusion left by your previous incompetent attorney if you had already started your legal process. Our experienced pedestrian and bicyclist accident lawyers will guide you and fight for your right to receive compensation.
Our free legal services are available through a Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront fees for any of our legal services. Our law firm is strictly based on contingency; therefore, our clients will not pay any legal fees until our attorneys have won their claims. It does not matter if you are filing a claim for the injuries you sustained in your pedestrian or bicyclist accident or if you are filing a wrongful death claim, you will not be required to pay until you win. If you do not win, you will not pay. We urge you to contact our law firm as soon as possible and request to speak with our attorneys today.
