While an attorney recovers damages on your behalf, you should focus on recovering from your injuries. Getting stuck is a traumatizing experience as a pedestrian, but unfortunately, it happens all too often. When you sustain injuries after being involved in a pedestrian accident, you deserve compensation for your damages. If you’ve been injured in a pedestrian accident, here’s why you should hire a lawyer.
Factors Contributing to Pedestrian Accident
Negligence is to blame for pedestrian accidents as well as auto accidents. Bicyclists, motorists, motorcyclists, and pedestrians all have an obligation to exercise reasonable care on California’s roads. The law requires that all users of the streets, highways, and crosswalks obey traffic laws and the rules of the road.
A car accident is caused by negligence when an individual fails to exercise reasonable care. Negligence can be caused by a variety of factors, but pedestrian accidents are typically caused by:
- Using a cell phone while driving can lead to distracted driving
- Not stopping at crosswalks
- Turning around in an illegal manner
- Driving under the influence of alcohol
- Poor visibility due to illegally parked cars obstructing the view of pedestrians
- Lack of traffic control devices, such as poor street layout, constitutes municipal negligence
- A pedestrian jaywalks across a busy street
- Turning right at a crosswalk without looking for pedestrians
- Using the crosswalk to run red lights and hit pedestrians
The most common question that arises when a pedestrian is hit by a driver is who is at fault. Even when using the above examples as an example, both the pedestrian and the driver can be directly responsible for causing an accident. Identifying the responsible party, and whether that fault was shared, can make the difference between a successful compensation claim and one that is denied. An experienced pedestrian accident lawyer can protect your rights.
Injuries Sustained due to Pedestrian Accident
Accidents involving a vehicle and a pedestrian can have devastating results. An unprotected pedestrian is entirely at the mercy of the elements, while a driver within a vehicle has the protection of thick metal and a seatbelt. Even a driver traveling just 10 miles per hour can severely disable a pedestrian. In fact, hitting a pedestrian traveling over 30 miles per hour can result in life-changing injuries and fatalities.
Role of Personal Injury Lawyers in Pedestrian Accident
A pedestrian accident can be caused by a broad array of factors, and the consequences can be life-altering. That’s why securing compensation for damages is vital to helping a victim move on from the incident. It can sometimes be challenging to determine who was at fault and the appropriate amount of compensation for pedestrians who deserve it.
It is therefore highly recommended that you hire a personal injury attorney following a pedestrian collision. Even if you do not consider yourself to be at fault, you may be eligible for a payment if you have had to seek medical treatment or counseling. A lawyer can guide you through this process.
Having a Lawyer On Your Side Can Help Determine Fault
When the accident occurred, were you jaywalking? Was your phone distracting you when you were walking? As a pedestrian, it is your responsibility to pay attention to the road. Your insurance company or a court may deny compensation entirely if they find that you were careless.
You may not be to blame for a collision if the driver of the vehicle was speeding, made an illegal turn, failed to stop, or behaved outside the bounds of acceptable driving. A comparative fault statute in California allows both parties to share fault for the accident, but you can still recover part of the damages.
Nevertheless, how can these claims be proven without evidence? The answer lies in an attorney. A lawyer can help establish fault in a pedestrian accident based on testimony, medical exams, and other evidence collected at the scene so that you do not lose out on compensation.
Damages Can Be Determined by a Personal Injury Attorney
It is often easy to determine the financial situation, such as past medical expenses and missed wages. In the event of a car accident, you could file an injury claim with the driver’s insurance company to get your expenses covered. How would you value something subjective like pain and suffering?
It is common for insurance companies to offer victims a settlement that is considerably less than their actual pain and suffering. Using their extensive knowledge of personal injury law and the court system, a pedestrian accident attorney will help you calculate how much compensation you are entitled to.
Mediation with Insurance Companies Can be Facilitated By Your Personal Injury Lawyer
As previously mentioned, insurance companies are likely to try to pay victims substantially less than they deserve. To minimize expenditures and court appearances, insurance companies prefer to spend as little as possible. Unless you estimate your damages, you’re likely to be tricked into accepting less than you deserve.
You may also be contacted by an insurance company to discuss the details of your case. Depending on whether they believe that you have been caught lying or if your statement differs from what you said, they may move to dismiss your claim.
A lawyer can represent you when you deal with insurance companies so that you have a voice. It would also be helpful if the attorney could inform you about what you ought to say to the insurance company and what shouldn’t be said, as well as take some of the stress off your shoulders so you can focus on other things, such as your recovery.
Making the Right Decision Requires the Help of an Attorney
A settlement might seem enticing to you, but if you think you deserve more, you might not know what’s next. The majority of people who represent themselves in court lose 90% of the time to the insurance company or at-fault driver, despite believing they can win their case in court.
It is important to hire an accident lawyer who understands the most important aspects of your case, such as the local statute of limitations, whether you should settle, and when to file a lawsuit. In the case of an accident that you and your partner decide to file in court, your lawyer may be able to present the facts of your case, consult with expert witnesses, and plan a strategy to assist you in reaching a settlement.
Pedestrian accidents are common in California. Have you been to one? You shouldn’t have to take less than you deserve from insurance companies. You can drastically increase your chances of securing a settlement by working with an attorney from Deldar Legal Injury Attorneys in California. In addition to medical bills, you may have to deal with lost wages and the emotional and physical effects of an accident.
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