Liability When a Pedestrian Purposefully Causes Car Damages
When a Pedestrian Hits a Car: Free Legal Insight from the Top Pedestrian Accident Injury Attorneys
When it comes to pedestrian-car accidents, the vast majority of people automatically assume that a driver is always liable for the incident. This makes sense, especially because a human being is no match for an oncoming vehicle. However, it is entirely possible for a pedestrian to share some degree of liability for a pedestrian-car incident, especially if a pedestrian deliberately hit a vehicle. Worse, is when a pedestrian intentionally causes physical damage to someone else’s car. West Coast Trial Lawyers have experience in pedestrian law.
Below, our experienced pedestrian attorneys will discuss what happens when a pedestrian deliberately inflicts damage on someone’s vehicle.
Examples Of A Pedestrian Damaging A Vehicle
Vandalism. Vandalism can take many different forms and a driver doesn’t even have to be in the vehicle at all. For example, an agitated pedestrian may angrily kick someone’s car door. A pedestrian may also key a car’s hood or smash a windshield or taillight with a baseball bat. Yet another example would be of a vandal who spray paints a brand new vehicle.
Other Types Of Accidents. Pedestrian damage doesn’t have to be intentional, either. For example, a vehicle can be damaged in a parking lot by a shopping cart. A rogue shopping cart can easily cause serious damage to a car body, creating dents and paint damage. Yet what is a vehicle owner to do when this type of damage happens?
What Do I Do If A Pedestrian Damages My Car On Purpose?
First of all, do not disturb the damage by touching it. Your first step is to report the damage. Don’t touch a thing. If the damage to your vehicle is more serious than a simple scratch, such as a broken windshield, you may want to file a report with your local police department. Also, do not call emergency medical services when making a report. A call to your local police department will suffice. Furthermore, a police report is a crucial document to have because your insurance provider will want a copy of it.
We recommend documenting the damage to the vehicle. Take several photographs of the damage and call your insurance provider to make a report. You will mostly likely file a comprehensive coverage claim. This type of coverage is optional insurance and will cover any damage caused to your vehicle that was not caused by a car accident.
A comprehensive coverage insurance plan will usually cover acts of vandalism, theft, fire damage, and more.
Preventing Pedestrian Damage To A Vehicle
Accidents happen. While you may not be able to prevent a vandal from damaging your vehicle, there are things you can do to minimize the possibility of damage to your vehicle. It is always a good idea to park a car in a well illuminated area, and preferably somewhere near security cameras.
Please avoid leaving a vehicle overnight in a parking lot and try to use a parking garage if possible. Consider installing a car alarm and a security camera near your vehicle, such as in your driveway.
Available Damages
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic Damages
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out of pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-Economic Damages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
- Other Non-Economic Damanges
Punitive Damages
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact are only incorporated in 5% of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
Contact Us To Find Out How We Can Help
If you have sustained injuries in the city of Los Angeles as a result of a pedestrian accident, an attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (213) 927-3700 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.