A fatal pedestrian accident often can be extremely complicated in terms of getting an amount of compensation that represents true justice. The driver may have few (or no) reachable assets and the limit(s) of the relevant auto insurance policies may be far too low to provide for a full recovery. That's why it's often important to investigate a pedestrian accident extremely thoroughly. This helps both in making a case against the driver and, perhaps more importantly, identifying other negligent parties who may owe you compensation. A skilled Santa Barbara pedestrian accident lawyer can be integral in helping you identify everyone who was liable for causing your loved one's accident. Reach out to a personal injury lawyer.
A tragic pedestrian accident case that unfolded in Los Angeles County is an example of just how beneficial in-depth investigation and analysis can be.
The fatal accident occurred in December 2018 as a 72-year-old woman crossed a Glendale street. An oncoming driver in Toyota Prius hit and killed her. At the time of the collision, the pedestrian was inside a crosswalk. The driver of the Prius was a 61-year-old woman who drove for Lyft.
The facts of this case allowed the family to pursue more than just the driver, as they also brought a claim against the driver's employer -- Lyft. Successfully holding an employer liable requires special evidence that establishes that the employee was, at the time of the incident, acting in the "course and scope" of her employment. This could include, for example, a rideshare app driver who had her Lyft light on and was available to pick up riders, as contrasted with a Lyft driver with her light off who was merely driving to the corner store for some milk.
How an Intersection Itself Can Cause an Accident
Many times, pedestrian accidents happen because an intersection is unsafe. Perhaps the area is insufficiently lit. Perhaps the government has allowed the crosswalk's paint to become faded and difficult (or impossible) to see. Perhaps the intersection was designed in an unsafe manner or perhaps the city has allowed nearby foliage to create unsafe barriers to drivers' lines of sight. Any of these could potentially create a potential claim against the governmental entity.
In the Glendale case, the family asserted that the crosswalk lacked proper signage (or other devices like flashing lights or beacons) warning drivers to yield to pedestrians in the crosswalk. The case also alleged "poor lighting and lane striping," according to mynewsla.com.
The case proceeded to trial but, while the jury deliberated the outcome, the sides reached a settlement. As part of that settlement, the city agreed to pay the family $6 million.
The pedestrian accident that injured you -- or killed your loved one -- could be a matter of straightforward negligence by the driver. Alternatively, it may be a complex case involving multiple parties including the driver, the vehicle manufacturer, an auto part maker, a local government, or more. Whatever the specifics of your situation, rely on the skilled Santa Barbara pedestrian accident attorneys at the law firm of Galine, Frye, Fitting & Frangos, LLP to give you representation driven by knowledge, experience, and a proven track record of success. Contact us at 805-617-1365 or through our website to get a free case consultation today.
