Pedal error accidents occur when a driver mistakenly presses the accelerator instead of the brake, or vice versa. These accidents can happen in parking lots, driveways, and even at high speeds, leading to severe injuries and property damage. If you or a loved one has been injured in a pedal error accident, knowing your legal options is crucial. Contact Law Offices of Michael A. Kahn at (310) 209-1600 to request a free legal consultation.
What Causes Pedal Error Accidents?
Pedal errors can happen to any driver, but certain factors increase the likelihood of these mistakes, including:
- Driver Inexperience: New drivers or those unfamiliar with a vehicle’s layout are more prone to pedal confusion.
- Age-Related Issues: Elderly drivers may experience delayed reaction times, leading to unintentional acceleration.
- Distractions: Using a phone, adjusting controls, or being preoccupied can cause a driver to misstep.
- Footwear Choice: Shoes with thick soles or high heels can make it difficult to sense pedal placement.
- Medical Conditions: Neurological disorders, muscle weakness, or cognitive impairments can affect pedal control.
Who Is Liable for a Pedal Error Accident?
Determining liability in a pedal error accident depends on the circumstances. Potentially responsible parties may include:
- The Driver: If the driver’s negligence caused the crash, they may be held accountable for damages.
- Vehicle Manufacturer: In cases where a mechanical defect contributed to the error, the manufacturer may bear liability.
- Property Owners: If a poorly designed parking lot or unclear signage played a role, liability could extend to the property owner.
Common Injuries in Pedal Error Accidents
These accidents can lead to severe injuries, including:
- Broken bones
- Whiplash and neck injuries
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Internal organ injuries
Seeking medical attention immediately after an accident is essential for both health and legal purposes.
How to Prove Negligence in a Pedal Error Case
To seek compensation, you must establish negligence by demonstrating:
- Duty of Care: The driver had a responsibility to operate their vehicle safely.
- Breach of Duty: The driver failed to act responsibly, leading to the accident.
- Causation: The accident directly resulted from the driver’s pedal error.
- Damages: The victim suffered injuries or financial losses due to the crash.
Steps to Take After a Pedal Error Accident
If you are involved in a pedal error accident, taking the right steps can protect your legal rights:
- Seek Medical Attention: Even if injuries seem minor, a medical evaluation is crucial.
- Document the Scene: Take photos, gather witness statements, and obtain a police report.
- Avoid Admitting Fault: Anything you say at the scene could be used against you later.
- Contact a Personal Injury Attorney: A legal expert can help you navigate your case and pursue fair compensation.
Get Legal Help for Your Pedal Error Accident Case
Pedal error accidents can lead to devastating consequences, but victims have legal options. If you or a loved one was injured due to another driver’s mistake, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Contact Law Offices of Michael A. Kahn at (310) 209-1600 today to discuss your case and explore your options for recovery.
