Pedestrian accidents can lead to severe injuries and long-term harm. Victims who are suffering from these types of accidents may have the opportunity to seek compensation and justice for the harm caused. Distracted driving, hazardous road conditions, and a lack of awareness can all lead to pedestrian accidents, making it important to understand fully.
Understanding Your Right to Bring a Claim
In California, individuals who are injured due to another party’s negligence generally can file a personal injury claim. It is important to note that if a driver, cyclist, property owner, or another individual acted carelessly and caused harm, a pedestrian may seek compensation for losses, including, but not limited to, the following.
- Medical expenses
- Lost income
Parties that showcase negligent behaviors can be held accountable for misconduct during a pedestrian accident. These may include drivers as well as the pedestrian who has gotten hurt. Understanding this concept is crucial for maintaining your safety and the safety of those around you.
California’s Comparative Negligence Rule
California's comparative negligence rule allows for injured individuals to pursue a claim even if they are partially responsible for the accident. This law ultimately allows for fault to be divided between all parties involved in misconduct. Comparative negligence grants each party who may be at fault for the damage caused a percentage of responsibility. In addition, any recovery is then reduced by the injured person's share of fault. Understanding the importance of comparative negligence laws can help victims receive partial compensation for the injuries they have suffered after a pedestrian accident.
Who May Be Liable in a Pedestrian Accident?
Determining who may be potentially responsible for a pedestrian accident can be a challenging and complicated process. Although drivers are expected to yield to pedestrians, they are not automatically at fault in every situation. The following is a list of potentially responsible parties when a pedestrian accident occurs.
- Drivers - Drivers may be held responsible for speeding, distracted driving, or failing to yield to pedestrians
- Pedestrians – Pedestrians may be responsible if they do not cross safely, are distracted, and ignore traffic signals
- Employers – Employers can be liable for injuries if the driver was working at the time of the accident
- Government entities – These parties may be responsible for unsafe road design or poor signage
Common Scenarios in Pedestrian Accident Cases
The following are common scenarios that may occur during pedestrian accident cases.
- Accidents in crosswalks
- Accidents outside crosswalks
- Distracted drivers
- Pedestrians who may be distracted
- Poor visibility conditions
What Damages May Be Considered?
After a pedestrian accident occurs, the following are damages that may be considered.
- Medical expenses (current and future)
- Lost wages or reduced earning capacity
- Pain and suffering
- Rehabilitation or long-term care costs
The Importance of Evidence
Preserving the necessary evidence can help investigators and the court determine who may be held accountable for the injuries and damage caused after an accident. The following are important types of evidence that should be kept after an accident has occurred.
- Police reports
- Medical records
- Witness statements
- Traffic camera or surveillance footage
- Accident reconstruction analysis
Time Limits to Consider
Victims should understand the time limits set in place, often known as the statute of limitations. These are time restrictions individuals must consider when pursuing a personal injury claim. Speaking with an attorney can help victims and their families better understand these restrictions to ensure they are meeting the expectations needed for their case.
Steps to Take After a Pedestrian Accident
Individuals who have suffered injuries from a pedestrian accident should consider the following steps to maintain their overall health and well-being moving forward. These steps may include, but are not limited to, the following.
- Seeking medical attention as soon as possible
- Reporting the incident to law enforcement
- Documenting the scene, if you are able
- Gathering contact information from witnesses
In addition, victims should avoid making detailed statements at the scene of the accident as this may cause additional harm in the future. It is also important to seek legal guidance before making statements to insurance companies to ensure that you understand the severity of your injuries and are relaying accurate information.
The Importance of Seeking Legal Guidance
Victims of a pedestrian accident should consider seeking legal guidance and support to understand the severity of their injuries and their rights throughout their personal injury claim. An attorney can help evaluate your case, speak to insurance companies, and help you take the necessary safety precautions moving forward.
How KAASS LAW Can Help
The experienced personal injury attorneys of KAASS LAW want to help victims who are suffering injuries from a pedestrian accident understand their rights and the necessary steps to take to seek compensation and justice moving forward. If you or a loved one has been involved in a pedestrian accident, you are not alone. Call KAASS LAW today to speak to a legal professional about your rights.