Pedestrian accidents in Los Angeles can lead to devastating eye injuries, often leaving victims with permanent vision loss or disfigurement. Understanding how fault is determined in pedestrian collisions involving eye injuries is crucial for securing fair compensation. In California, liability depends on evidence, negligence, and legal responsibility.
What makes pedestrian collisions in Los Angeles so common?
Los Angeles is one of the most pedestrian-heavy cities in California, with dense traffic and frequent jaywalking incidents. Many collisions occur at intersections, near bus stops, or along high-speed corridors like Sunset Boulevard and Wilshire.
Poor visibility, distracted driving, and failure to yield are major contributors. Drivers turning left or running red lights often fail to see pedestrians in crosswalks. Even at low speeds, a collision can cause severe facial trauma or orbital fractures.
Environmental factors such as glare, poor lighting, or obstructed signs also play a role. Both pedestrians and motorists share the responsibility of staying alert and following traffic laws to prevent injuries.
Types of eye injuries that can result from a pedestrian collision
Eye injuries vary in severity depending on the force of impact and the object that caused it. Some result in temporary discomfort, while others lead to partial or total blindness. Common injuries include:
- Orbital fractures – broken bones around the eye socket.
- Corneal abrasions – scratches on the eye’s surface from debris or glass.
- Retinal detachment – separation of the retina, causing vision loss.
- Optic nerve damage – resulting from head or facial trauma.
Prompt medical evaluation is vital after a collision. Early diagnosis can reduce complications and strengthen your injury claim through documented medical records.
How is fault determined in a pedestrian accident?
Determining fault in Los Angeles pedestrian accidents involves analyzing negligence—whether the driver or pedestrian failed to act with reasonable care.
Police reports, witness statements, and video footage are key evidence sources. Investigators review whether the driver violated traffic laws or if the pedestrian crossed outside of designated areas.
California follows a pure comparative negligence rule, meaning compensation is reduced by the victim’s percentage of fault. For example, if a pedestrian is 20% at fault, their settlement will be reduced by that amount.
Common negligent acts and who may be liable
The following table highlights some of the most common negligent actions in pedestrian collisions and identifies who may be held legally responsible.
| Negligent Behavior | Responsible Party | Possible Evidence |
|---|---|---|
| Distracted driving | Motorist | Phone records, dash cam footage |
| Jaywalking | Pedestrian | Traffic camera footage |
| Speeding or running lights | Motorist | Police citation, eyewitness accounts |
| Poor road maintenance | Government entity | Maintenance records, photos |
What evidence is important for proving fault?
Strong evidence is essential for proving liability and recovering damages. Victims should collect and preserve as much documentation as possible. Crucial evidence includes:
- Accident scene photos showing impact points and traffic signals.
- Eyewitness statements confirming pedestrian right-of-way.
- Medical reports detailing eye injuries and treatment plans.
- Surveillance footage or dashcam recordings.
- Police reports outlining citations or traffic violations.
An experienced attorney can also work with accident reconstruction experts to demonstrate how the collision occurred and which party was negligent.
Can multiple parties share fault in a Los Angeles pedestrian collision?
Yes. California law allows fault to be distributed among multiple parties. A driver, pedestrian, or even a government agency may share responsibility depending on the circumstances.
For instance, a pedestrian might be partially liable for crossing against the signal, while a driver might still bear greater responsibility for speeding.
If road conditions or defective signals contributed to the crash, the city or state could also be held accountable. This shared-fault framework ensures fair compensation aligned with each party’s level of negligence.
What damages can victims of eye injuries recover?
Victims of eye injuries in pedestrian accidents can pursue economic and non-economic damages. Economic damages cover medical expenses, rehabilitation, and lost income. Non-economic damages include pain, suffering, and emotional distress caused by vision impairment.
In severe cases, victims may also claim future medical costs or loss of earning capacity, particularly if their profession relies heavily on visual ability.
Punitive damages might apply if the at-fault driver engaged in egregious conduct such as drunk or reckless driving.
How do insurance companies handle eye injury claims?
Insurance companies often minimize payouts by disputing the extent of the injury or the degree of fault. Adjusters may argue that pre-existing conditions contributed to the vision loss.
Having medical specialists document the injury progression is vital for countering these tactics.
A personal injury lawyer can negotiate on your behalf, ensuring you receive full compensation for treatment costs, lost wages, and emotional suffering.
What to do immediately after a pedestrian accident
If you suffer an eye injury, acting quickly can make a major difference in your recovery and claim. Taking these steps ensures you have the evidence and medical proof needed to pursue your legal rights. Here’s what you should do:
- Call 911 and request both medical and police assistance.
- Avoid admitting fault or making statements to insurers.
- Take photos of your injuries, traffic signals, and vehicle positions.
- Collect contact information from witnesses.
- Get examined by an eye specialist for proper documentation.
How long does it take to resolve an eye injury case?
Every case varies based on complexity, injury severity, and the insurance company’s willingness to settle.
Some cases resolve within months, while others take years if litigation is necessary. Working with an experienced legal team ensures your case progresses efficiently and all evidence remains intact.
Why is hiring a personal injury attorney essential?
Pedestrian injury claims can be complex due to California’s comparative fault system. Attorneys help by investigating the scene, obtaining expert testimony, and handling negotiations. They also ensure all legal deadlines, including California’s two-year statute of limitations for personal injury cases, are met.
Lawyers like Knapp Moss specialize in representing victims of catastrophic injuries, helping them build strong, evidence-backed claims for compensation.
These are the benefits of hiring a personal injury attorney:
| Legal Task | Benefit | Example |
|---|---|---|
| Evidence collection | Strengthens claim | Obtain surveillance footage |
| Medical expert coordination | Proves injury severity | Ophthalmologist testimony |
| Settlement negotiation | Maximizes compensation | Counter unfair insurance offers |
Vision for recovery: How Knapp Moss can help
Eye injuries can alter every aspect of life—from your career to your confidence. Knapp Moss understands the physical, emotional, and financial impact these injuries cause.
Our attorneys handle every stage of your case, from investigating liability to negotiating settlements that reflect your long-term care needs.
We are committed to protecting your rights and helping you rebuild your life after a devastating pedestrian collision. Call Knapp Moss today for a free consultation.
Frequently Asked Questions
Yes. California’s comparative fault law allows compensation even if you were partially at fault, though your award may be reduced.
Immediately after receiving medical care. Quick action preserves crucial evidence and strengthens your injury claim.
It depends on factors like medical costs, lost income, and permanent vision loss. Severe cases often result in higher settlements.
