Liability When a Pedestrian Purposefully Causes Car Damages
All About Pedestrian Liability and Car Property Damages
When it comes to a pedestrian accident, a vast majority of people immediately assume that the driver was liable for the incident. This does make sense, especially since a person is no match for an oncoming vehicle. However, it is still possible for a pedestrian to share some degree of liability in a pedestrian accident, especially if they deliberately hit a car.
Below, our experienced pedestrian accident attorneys will discuss what happens when a pedestrian intentionally inflicts damage onto a driver’s vehicle.
Examples of a Pedestrian Damaging a Vehicle
Vandalism. Vandalism can take on 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, smash a windshield, damage a taillight with a baseball bat, or spray paint the vehicle.
Other Types of Accidents. A pedestrian damaging a car doesn’t have to be intentional. For example, Amanda is placing her groceries into her car’s trunk. Amanda notices that she does not have enough space to move around, so she pushes her shopping cart to the side. Unfortunately, she didn’t realise how close she was to the vehicle next to her, and ended up pushing the cart into the car. The impact resulted in a dent and paint damage to the car door.
What Do I Do if a Pedestrian Damages My Car on Purpose?
Avoid touching any of the damages done to your vehicle. Instead, you should report this problem to the local police department only if the damages are severe, such as having a broken windshield. Do not make a call to the emergency medical services when you are making this report. The police will arrive and create an official police report, which you may request a copy of to use as a piece of evidence for your insurance claim.
We recommend documenting the damage(s) done to the vehicle. You should take several photographs of the damage(s) and report this to your insurance provider. You will most likely have to file a comprehensive coverage claim. This type of coverage is optional. It will compensate for vehicle damages that were not caused by an 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
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 were only incorporated in 5 percent 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, our skilled pedestrian accident attorneys at West Coast Trial Lawyers 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.