How to File a Pedestrian Accident Claim in Bakersfield
Walking is a fun and active way to stay healthy and promote a more environmentally friendly lifestyle. However, pedestrians are exposed to the dangers of the road.
In 2022, data from the Governors Highway Safety Association (GHSA) reported 3,434 fatal pedestrian accidents across the U.S. in the first half of 2022, a 5% increase from the same time in the previous year.
Of these states, California, Florida, and Texas accounted for 38% of all pedestrian deaths, with California having 504 fatal accidents.
Pedestrian accident victims who sustain injuries and damages due to the negligent actions of another party may be eligible to file a Bakersfield pedestrian accident claim.
In this article, we will discuss:
- How do pedestrian accidents occur?
- Why you should file a pedestrian accident claim
- How to file a pedestrian accident claim in Bakersfield, CA
- Recoverable compensation in a pedestrian accident claim
How Do Pedestrian Accidents Occur?
Some of the most common reasons for pedestrian accidents include:
Distracted Driving
Pedestrians are at a higher risk of being hit by drivers who are not paying attention to the road, especially when they are crossing at an intersection or crosswalk. Drivers who text, eat, or do any activity that takes their attention away from driving may put pedestrians at risk for an accident.
Poor Lighting
Insufficient lighting can cause visibility issues for drivers and increase the likelihood of hitting a pedestrian. This is even more likely when pedestrians wear dark clothing.
Impaired Driving
Another common cause of pedestrian accidents is impaired drivers. Drunk drivers are highly likely to hit a pedestrian while on the road. The Centers for Disease Control and Prevention (CDC) reports that alcohol impairment was involved in 49% of half of fatal pedestrian accidents in 2021.
Speeding
Driving over the speed limit is more likely to cause accidents, especially those involving pedestrians. Speeding reduces a driver’s visibility of pedestrians and limits their reaction time when a pedestrian crosses the road.
Failing to Signal Before Turning
Failing to use turn signals while driving can put pedestrians at a higher risk of getting hit by a car because they may not be anticipating a turn.
Why You Should File a Pedestrian Accident Claim
Pedestrian accidents can result in catastrophic injuries for accident victims. This is because they lack the protection of a passenger vehicle. These injuries can be debilitating and may significantly impact the victim’s quality of life. Mounting medical bills, significant financial loss, and other financial hardships may occur due to this kind of accident.
Victims who have been injured in a pedestrian accident due to the actions of another are eligible to file a pedestrian accident claim against the negligent party. This claim will enable them to recover compensation for the injuries and damages the accident has caused.
How to File a Pedestrian Accident Claim in Bakersfield, CA
If you wish to file a claim against the at-fault party, there are several steps you can take to ensure the best outcome. Here are some steps you may take to file a pedestrian accident claim in Bakersfield:
1. Report your accident – Immediately after the accident, call the police. A police officer must be present at the accident scene to file a police report. Make sure to get the number of the report, as this may be used as evidence to help strengthen your pedestrian accident claim.
2. Seek medical care – Seek medical attention from a medical professional for any injuries sustained in the accident, even if they seem minor. Internal injuries may not present outward symptoms. If left untreated, these injuries may become long-term health problems.
3. Collect evidence – Collect as much evidence as possible, including photographs and videos of the accident scene, the vehicles involved, and your injuries.
4. Exchange information with the other party – Get the name, contact information, and if possible, the insurance company information of the other party. Also, get the contact information of any witnesses to the accident.
5. Contact a Bakersfield pedestrian accident lawyer – Consult with an experienced personal injury attorney who can guide you through the legal process, help you determine the liable party, and represent your best interests.
Compensatory Damages in a Pedestrian Accident Claim
As the injured party, you may be entitled to recover financial compensation. This will include various types of economic and non-economic damages, such as:
- Medical expenses
- Medical treatment expenses
- Long-term medical care
- Physical therapy
- Property damage
- Economic losses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
If the pedestrian accident resulted in the death of a loved one, you may be eligible to file a wrongful death claim on their behalf.
How Can a Pedestrian Accident Attorney Help You?
A pedestrian accident attorney can be an invaluable asset in a pedestrian accident claim. Here are some ways a pedestrian accident attorney can help you:
1. Determine liability – A personal injury attorney can help you determine who is liable for the accident by investigating the circumstances of the accident and reviewing evidence.
2. Gather evidence – A pedestrian accident injury attorney can help you gather and preserve evidence, such as photographs, police reports, witness statements, and medical reports.
3. Negotiate with insurance companies – An attorney can handle communication and negotiations with the insurance provider of the party responsible, aiming to obtain a fair settlement for your claim.
4. Calculate damages – A personal injury lawyer can help you calculate the damages you are entitled to, including medical costs, lost income, pain and suffering, and property damage.
5. Provide legal representation – If negotiations with the insurance company are not successful, an attorney can represent you in court and argue your case before a judge and/or jury.
6. Provide legal counsel – A pedestrian accident injury attorney can guide you through the legal process, explain your rights and options, and advise you on the best course of action for your specific case.
Get Help From the Experts Today!
If you or a loved one have been injured in a pedestrian accident due to the negligence of a negligent party, you can take legal action and file a Bakersfield pedestrian accident claim to recover fair compensation for your injuries and damages. It is crucial to hire a skilled Bakersfield pedestrian accident lawyer to help you through this complex process.
Ayuda California has years of handling and winning pedestrian accident claims in Bakersfield. We have recovered millions of dollars in compensation for hundreds of accident victims all over California.
Our dedicated legal team, doctors, and case managers will work aggressively to ensure you recover the maximum compensation possible for your case. Contact us at (844) 865-0721 for a free, no-obligation consultation. We are available 24/7!
