A pedestrian suffered critical injuries after being struck by a vehicle on Pacific Coast Highway (PCH) in Malibu on Friday night. The incident, which occurred near Carbon Canyon, resulted in the closure of PCH in both directions for several hours.
Incident Details
According to reports from the Los Hills/Malibu Sheriff’s Station, the collision took place around 9:40 p.m. on Friday. The driver of the vehicle remained at the scene and cooperated with authorities. As of Saturday, no citations or arrests had been announced in connection with the incident.
The closure of PCH caused significant traffic disruptions in the area, with the highway remaining closed until approximately 2 a.m. while authorities conducted their investigation.
Understanding Pedestrian Safety and Legal Recourse
Pedestrian accidents are a serious concern, particularly in areas with high traffic volume like PCH. These incidents often result in severe injuries due to the vulnerability of pedestrians when struck by vehicles.
When a pedestrian is injured in a collision, several factors come into play when determining liability. California law requires both drivers and pedestrians to exercise reasonable care. Drivers must be vigilant in watching for pedestrians, especially in areas where they are likely to be present, such as crosswalks, intersections, and areas with pedestrian traffic. Pedestrians, in turn, must obey traffic signals and use crosswalks where available.
In situations where a driver fails to exercise reasonable care and causes injury to a pedestrian, the driver may be found liable for damages. This can include compensation for medical expenses, lost wages, pain and suffering, and other related losses. However, even if a pedestrian is partially at fault for the accident, they may still be able to recover damages under California’s comparative negligence laws. This allows injured parties to recover damages even if they were partially responsible for the incident, although their recovery may be reduced by their percentage of fault.
Investigating Pedestrian Accidents
A thorough investigation is crucial in determining the cause of a pedestrian accident and establishing liability. Law enforcement agencies typically conduct an initial investigation at the scene, gathering evidence such as witness statements, photographs, and measurements. Accident reconstruction experts may also be called in to analyze the evidence and determine how the collision occurred.
From a legal perspective, a personal injury attorney may conduct an independent investigation to gather additional evidence and build a strong case on behalf of the injured pedestrian. This may involve obtaining police reports, interviewing witnesses, and consulting with accident reconstruction experts.
Importance of Legal Representation
Navigating the legal complexities of a pedestrian accident case can be challenging, especially while recovering from serious injuries. An attorney can provide guidance and support throughout the legal process, ensuring that the injured pedestrian’s rights are protected. This includes:
- Evaluating the Case: An attorney can assess the facts of the accident, gather evidence, and determine the potential for a successful claim.
- Negotiating with Insurance Companies: Insurance companies may attempt to minimize payouts in pedestrian accident cases. An attorney can negotiate with the insurance company to ensure that the injured pedestrian receives fair compensation.
- Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, an attorney can file a lawsuit and represent the injured pedestrian in court.
Commentary from Gosuits Los Angeles County Personal Injury Attorney
This recent incident in Malibu serves as a stark reminder of the dangers pedestrians face on our roadways. While the details surrounding the collision are still under investigation, it underscores the importance of driver awareness and adherence to traffic laws to protect vulnerable road users. It’s crucial that drivers remain vigilant, especially on busy thoroughfares like Pacific Coast Highway, where pedestrian traffic is common.
When a pedestrian is injured due to the negligence of a driver, they have the right to seek compensation for their injuries and losses. This may include medical expenses, lost income, and pain and suffering. A seasoned personal injury attorney can help injured pedestrians understand their rights and pursue the compensation they deserve.
It is also important to note that even if the driver was not cited for a traffic violation, the injured pedestrian may still have a valid claim for damages. Negligence can exist even in the absence of a traffic citation. A skilled attorney can conduct a thorough investigation to determine whether the driver failed to exercise reasonable care and caused the accident.
The aftermath of a pedestrian accident can be overwhelming for both the injured individual and their family. Seeking prompt medical attention and consulting with an attorney are essential steps to protect their health and legal rights.
