No matter how cautious and attentive we are, accidents can strike at any time. Even while walking down the street minding your own business, you are still not immune to car crashes. Taking “safe” walks or choosing not to drive will unfortunately do little in terms of keeping us safe from these unfortunate occurrences.
Imagine going for a walk and drinking coffee while you listen to your favorite song using your headphones. You hear a distant noise of warning but as you step into the street, a car hits you and causes you severe injuries.
Was it your fault for listening to music or was the driver negligent?
In this article, we will analyze the most frequent causes of pedestrian accidents and explore when it may be possible to pursue legal action against those responsible.
What Devastating Outcomes are Associated With Being Hit by a Car?
In California, the pedestrian fatality rate is almost 25% — a higher rate than the national average. These accidents can happen in a variety of ways, such as when a negligent driver passes a red light or does not follow traffic signs. In some cases, the pedestrian can have part of the fault for not paying attention or, also, being negligent.
What happens when an innocent pedestrian is hit by a car? Filing a claim may be futile if the person was at fault for the accident, and they will have to bear the consequences of their own injuries or losses caused. However, it’s essential to realize that there are other options available — one should never assume filing a claim isn’t worth pursuing.
Let’s discuss some situations that can prove the innocence of the pedestrian:
- If a negligent driver doesn’t follow traffic rules and hit a person with his car, the injured party may be able to file a pedestrian accident claim.
- When malfunction issues, like brake failure or steering wheel problems cause a driver to lose control of their car and someone is injured as a result, the victim can take legal action against both the driver and the automotive company responsible for these defects.
- If a car causes a collision and one of the cars ends up hitting a pedestrian, the victim can sue the negligent party that caused his accident.
- If a driver is under the influence of alcohol or drugs and hits a person, the pedestrian hit by a car can file a claim for injuries and damages.
- If a car was parked and, for any reason, the car moves without a driver and hit a person, the injured party may be able to file a pedestrian accident claim.
It is important for individuals to be aware of possible accidents while walking on the street, even if you are following the traffic rules at crossing the street, accidents can happen for a variety of causes. (Read more: Common Causes of Pedestrian Accidents and How to Avoid Them)
How Can I File A Pedestrian Accident Lawsuit?
If you or a loved one has been hit by a car, it is important to follow certain steps to ensure your claim and build your case. These include seeking medical attention and obtaining medical records, gathering evidence of the accident and the scene, collecting witnesses’ testimonies, and seeking legal representation from an experienced pedestrian accident attorney.
A car accident lawyer with experience in pedestrian cases will help you understand your legal rights and options and will guide you through the process of filing a lawsuit. This may cover drafting and filing the complaint, gathering additional evidence, and even representing you in court.
Pedestrian victims who want to get fair compensation for their injuries and damages must seek legal representation right away. Every minute that your lawsuit is delayed can affect the amount of financial compensation you can receive. Having a professional and dedicated legal team by your side ensures that your legal rights are respected and that you get the fair compensation you deserve.
What Damages Can I Recover?
As a pedestrian hit by a car, you may be eligible to recover economic and non-economic damages, such as:
Medical expenses
After the accident, the injured victim needs medical attention and follows all the medical treatments indicated by the doctor. The medical records and bills must be saved and presented to the legal team. Once your case is in court, your attorney will present this evidence as compensatory damages.
Lost wages
If the incident caused you a severe injury or disability and you find yourself unable to work, you can get compensated for the loss of income and future loss of wages.
Pain and suffering
A pedestrian accident can not only cause physical injuries but also mental and emotional problems. When an injured victim is in severe pain, and experiences trauma, emotional distress, and mental anguish, the monetary equivalent of this damage can be recovered as well.
Loss of consortium
In cases where the survivor has suffered a disability or fatal injury, preventing them from playing the same role as father, partner, or educator to their children, they can also fight for damages related to loss of consortium.
Punitive damages
When drivers are proven to be responsible for a negligent act, juries may add punitive damages in order to both reprimands the driver and serve as an example of what happens when one disregards safety.
No two accidents are the same, even if you were struck by a car. Depending on the details of your accident, injuries incurred, and damages caused — certain points in this list may or may not apply to you. That’s why it is so important to have an experienced team supporting you through these proceedings and guiding you as to what options are available for your case.
Get Help From Ayuda California
We understand how pedestrians’ lives can be forever altered when they are hit by a vehicle. This experience is emotionally and financially difficult to endure, yet it’s important for those involved in such an incident to not agree with any hastily-made deals presented by insurance companies or their adjusters. While these may seem beneficial at the time, taking your time and considering all of your options will most likely provide you with more compensation later on down the road.
At Ayuda California, we understand the nuances of your case and will work tirelessly to ensure you receive justice. Our team is experienced in these types of matters, so you can rest assured that we are prepared to get results. We have a variety of resources at our disposal and operate on a free-contingency basis – this means that you don’t pay us until after the successful resolution of your matter! Rest assured; WE WILL prevail!
Call us now and get a free consultation on your case.
