Pedestrian accidents can result in serious injuries and damages that deserve compensation. However, the legal process can be overwhelming. You don’t have to deal with this alone. Instead, contact a pedestrian accident lawyer at Russell & Lazarus APC to learn how we can help.
If you or a loved one are among the thousands of pedestrians who have suffered injury by a motorist, seek medical treatment immediately. After you seek medical attention, please consult an Orange County pedestrian accident lawyer to explore your legal options. California law requires plaintiffs (the suing/injured party) to file personal injury lawsuits within a prescribed deadline, known as the “statute of limitations.” If the statute of limitations lapses, you may waive (surrender) your right to sue, and thus to be compensated for your injury.
The California Department of Motor Vehicles defines a pedestrian as “a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or wheelchair for transportation.”
Walking and skating are healthy, fun, and cost-efficient modes of transportation. However, pedestrians are vulnerable, particularly when motorists are distracted by phones, text messages, and other technology. In fact, current statistics reflect that California has the highest number of pedestrian accidents in the country. According to the National Highway Traffic Safety Administration, 76,000 injuries and 4,743 fatalities occurred in pedestrian/motor vehicle accidents in 2012.
All motorists have a duty to one another and to pedestrians: a duty to drive reasonably and safely. When a motorist fails to drive in that manner, he breaches a legal duty. If that breach injures a pedestrian, the motorist is liable for negligence.
Negligence is the primary claim or cause of action in personal injury lawsuits. However, other causes of action may apply, depending on facts unique to every case. For example, a pedestrian struck by a vehicle is likely to suffer severe emotional distress in addition to physical injuries. Therefore, the lawsuit would include a “Negligent Infliction of Emotional Distress” cause of action. Other considerations determine the causes of action, such as whether the driver was under the influence at the time of the accident or violated a statute by texting and driving.
In addition to alleging all viable causes of action, including all the defendants responsible for your injury is crucial to a successful lawsuit. For example, if the motorist were acting in the course of business at the time of the accident, your attorney would name the employer and the motorist in the lawsuit under a vicarious liability theory.
Our firm’s Newport Beach personal injury lawyers will pursue the appropriate legal theories and defendants to maximize compensation for your injuries. Negligence and other claims can be difficult to prove. That’s why you should work with an experienced pedestrian accident lawyer who can guide you through the claims process and help prove liability.
If a vehicle hit you while you were walking, skating, or otherwise traveling as a pedestrian, then you deserve compensation for your injuries. You can obtain compensation from an insurance company or through a lawsuit filed directly against the person who caused your injuries. You may even be able to obtain compensation from your own car insurance company if you have an Uninsured Motorist (UM) policy.
If you obtain compensation through an insurance policy, you can receive damages up to the policy limits. State minimums often set policy limits, but many people carry policies that exceed those minimums. In California, drivers must carry at least $15,000 per person for bodily injury liability and $5,000 for property damage. If your damages exceed those amounts, then you may be able to file a claim with your own insurance company or obtain additional compensation from the person who caused your accident.
You can obtain damages for the following losses:
Property damage may sound confusing. This includes any physical property damaged in your accident. Your cell phone, clothing, shoes, wheelchair, skates, backpack, computer, and anything else that was involved in your accident would be covered.
A pedestrian accident lawyer can evaluate your situation and help you obtain compensation for all of your losses. You may have many different types of economic and non-economic losses for which you deserve compensation. You should list each of these in a claim to the insurance company.
If you have Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, you may be able to recover compensation from your own insurance company in addition to, or instead of, the driver’s insurance company. If the driver did not have insurance, or did not have enough insurance to cover your damages, you may want to file a claim with your own insurance company. However, you should still work with a pedestrian accident lawyer who can help you navigate the claim.
Although your own insurance company represents you in many situations, if you file a claim with them, they will still try to pay out as little as possible. Insurance companies stay in business by paying as little as possible on claims. That’s why your pedestrian accident lawyer can help you file a claim with your insurance company and get the compensation you deserve.
The following are motorist and pedestrian safety tips to keep you safe on the road and avoid a personal injury lawsuit:
In many situations, pedestrians have the right of way. However, in some circumstances, a pedestrian may be partially or wholly to blame for a pedestrian accident. Determining who is liable in a pedestrian accident can be difficult. To determine fault, you must investigate and gather evidence. Once negligence is established, a court can assign legal liability.
Common situations in which a pedestrian may be found to be partially or wholly at fault for an accident include when a pedestrian is:
In most situations where a pedestrian is somewhat at fault, the vehicle driver shares some of the blame. In these situations, a pedestrian can often recover some compensation from the driver based on the driver’s negligence. It’s best to work with a pedestrian accident lawyer who can evaluate your situation and help you obtain compensation.
Russell & Lazarus APC has provided superior legal services to clients for more than 30 years. If you are a pedestrian accident victim, you should direct your energy towards healing, not at navigating the California legal system. Our team of seasoned legal professionals possesses the requisite skill, knowledge, and expertise to represent you vigorously in your personal injury lawsuit
Please get in touch with us at (877) 789-4878 to consult with an Orange County pedestrian accident lawyer about your potential case.