Disabled Vehicle on Freeway – Pedestrian Accident Attorneys - Downtown LA Law Group (2024)

A woman was struck and killed on Interstate 40 near mile marker 69 at approximately 2:10am on 06/01/2024. The woman was identified as 21-year-old Nicaria Gordon-Johnson, a resident of Houston, Texas.

According to reports, the woman was struck by a pickup truck after her vehicle became disabled on the freeway. The fatal incident occurred about an hour after the authorities received a report that a rental Nissan SUV (the victim’s vehicle) had become disabled and was stopped on the right side of the road. The woman reportedly exited the vehicle and was struck by a Chevrolet Silverado. The incident occurred on a remote stretch of the 40 freeway near Ludlow.

Unfortunately, incidents like this are relatively common. Vehicles become disabled all the time, resulting in drivers and their passengers having to wait on the shoulder until help arrives. Although there is always a risk of disabled vehicles being struck by distracted or reckless drivers, the risk of injury increases significantly as soon as individuals exit the vehicle.

If a member of your family died in the incident mentioned above or in a similar incident, it is important that you seek legal assistance as soon as possible. Based on the details surrounding the incident and resulting harm, victims and surviving family members could have the right to file a lawsuit and receive compensation. If you are interested in learning more about the legal options available to you, please do not hesitate to reach out to our legal team here at the Downtown L.A. Law Group.

Here at our law firm, our experts have decades of experience handling all sorts of personal injury claims, including pedestrian accident claims on California freeways. Our lawyers are ready to evaluate the legal options available to you and help you pursue your claim. Based on the details surrounding the claim and the harm that you suffered, you could have the right to sue and recover compensation. If you are ready to speak with our expert legal team, contact us today.

Disabled Vehicle on Freeway – Pedestrian Accident Attorneys - Downtown LA Law Group (2)

Nuestros últimos veredictos y acuerdos

$1,8 millones

Accidente de tráfico

$2 MIllion

Accidente de camión

$22 Millones

Accidente en el gimnasio

$1.5 MIllón

Peatón contra camión

$1,5 Millones

Lesión de espalda

$750,000

Accidente de camión

$1,975,000

Lesión en la cabeza

Possible Causes of Pedestrian Accidents on Freeways

Most people assume that pedestrian accidents on freeways only occur because pedestrians negligently entered the freeway and being hit. This is not always the case, though. Some of the possible causes of these incidents include the following:

  • Defective vehicles and unsafe vehicles
  • Vehicles becoming disabled on the road, causing drivers/passengers to exit the vehicle and trying to get to safety to the side of the road
  • Vehicles becoming disabled on shoulder, and drivers/passengers exiting the vehicle to try to flag another driver down or walk to the next exit for help
  • No shoulder on the freeway or any safe place to stop
  • Poorly lit freeways
  • Blind spots (specially in turns or bends on the road)
  • Distracted drivers

Understanding Liability for these Incidents

Who is liable for these incidents? The answer to this question depends on the specific cause of the incident. If the incident occurs due to the negligence of another driver that does not see the disabled vehicle and the pedestrian on the side of the road, the driver (and his or her insurance company) would have liability. If the incident occurred because of unsafe freeways, specifically, unsafe shoulders, no shoulders, no place to stop, no lighting, etc., then the incident is essentially caused by the negligence of the city/county road agency could be liable. In some cases, the incident could be a direct result of a defective vehicle; in these cases, the vehicle manufacturer or even the rental car company could be found at least partially liable. Without a doubt, establishing liability for these incidents could be very difficult. If you find yourself unsure about liability, please do not hesitate to reach out to our legal team as soon as possible.

¿Puedo demandar?

Yes – you could have the right to file a lawsuit. Based on the details surrounding the incident, you could have the right to file a lawsuit. The first step is determining liability for the incident – to ensure that you are taking action against the party or entity responsible. If the incident resulted in the death of a loved one, you could pursue a wrongful death claim. For more information about the legal options available to you, please do not hesitate to reach out to our pedestrian lawyers as soon as possible.

¿Puedo obtener una indemnización?

Yes, you could be eligible to recover compensation for the harm that you or a loved one suffered. Pedestrian accidents can be among the most devastating accidents that anyone could suffer, so they are often high value cases. These cases can be worth anywhere from $150,000 to $1.5 million and sometimes even more. The categories of compensation available for recovery could include the following:

  • Gastos médicos
  • Pérdida de ingresos
  • Dolor y sufrimiento
  • Wrongful death benefits (including funeral/burial costs and loss of consortium)
  • Daños materiales
  • Daños punitivos
  • Gastos jurídicos

Here at our law firm, our lawyers are more than ready to fight for your right to recover the compensation that you are owed. If you are ready to explore the compensation available to you, please do not hesitate to reach out to the expert legal team here at the Downtown L.A. Law Group. Our lawyers are ready to help you recover the maximum amount of compensation available for your claim.

¿Cuánto tiempo tengo para demandar?

In general, personal injury claims and wrongful death claims are subject to a two-year statute of limitations, meaning that claimants only have two years to file their claims. In cases involving government entities (like road work agencies, for example), the deadline is much shorter – typically only six months. If you are unsure of the total length of time that you have to file your claim, please do not hesitate to reach out to our legal team as soon as possible. Failing to file your claim on time could result in losing your right to sue.

¿Qué debo hacer?

After a pedestrian accident, it is important that claimants take the necessary steps. Consider some of the following recommendations:

  • Seek medical care as soon as possible. If the incident was fatal, ensure that the cause of death is clearly stated.
  • Fotografiar el lugar del accidente
  • Gather any video footage that captured the incident (including dash cam footage, surveillance video, etc.)
  • Hablar con los testigos y recopilar su información de contacto
  • Busque asistencia jurídica lo antes posible

Contacte hoy con Downtown L.A. Law Group

Here at our law firm, our team has decades of experience handling pedestrian accident claims and are more than ready to provide you with the guidance that you need to fight for your rights and recover the compensation that you are owed. We understand that it could be difficult for victims and their families to seek justice. Because of that, we are committed to remaining as accessible as possible. We offer free case evaluations, which include free consultations and free second opinions. During these free legal services, our team will be available to answer any questions, address any concerns, and provide you with all the information that you may need to begin or continue your claim. If you are interested in scheduling a free case evaluation, contact the experts here at our law firm as soon as possible.

Zero-Fee Guarantee: our law firm offers a Zero-Fee Guarantee, meaning that our clients will not have to worry about paying any upfront legal fees to speak with our lawyers and start or continue the legal process. In addition, our law firm works on contingency, so our clients will not be required to pay any upfront legal fees if their claims are unsuccessful. If you do not win, you will not be responsible for paying anything at all.

If you are ready to speak with our pedestrian accident lawyers, contact us at your earliest convenience.

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Disabled Vehicle on Freeway – Pedestrian Accident Attorneys - Downtown LA Law Group (2024)

FAQs

What are the rules for pedestrian accidents in California? ›

In California, a driver is usually at fault if they accidentally hit a pedestrian because pedestrians typically have the right of way. However, there are exceptions depending on the circ*mstances, like if the pedestrian was jaywalking or crossing unlawfully.

What is the average payout for a pedestrian hit by a car in California? ›

A: The average payout for a rear-end collision in California can range from $5,000 to $15,000. The payout will largely depend on the extent of the injuries sustained and any necessary medical treatment required. Generally speaking, the greater the injury, the more likely that the settlement amount will be greater.

What is the vehicle code for pedestrians in the roadway in California? ›

21954. (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

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