According to the National Highway Traffic Safety Association (NHTSA), nearly 5,000 pedestrians die each year because of pedestrian accidents (or vehicle-related accidents) and 78,000 pedestrians suffer injuries when they are hit by a vehicle. Numerous sidewalk or parking defects of construction, poor roads maintenance, and other related causes just contribute to pedestrian accidents. A pedestrian may recover damages for the suffered injuries if it was the result of someone else’s negligence as well as if defects of vehicle or property contributed to the incident.
Below, The Margarian Law Firm lawyers will introduce you the main elements of the California Pedestrian Accident Law. Moreover, in the resources of our site, you can find detailed information about California Personal Injury Law.
1. When Does a California Pedestrian Accident Occur?
The risk of occurring in a pedestrian accident increases while a person operates a vehicle in a negligent manner. Under California law, negligence is a failure to exercise the degree of care expected of a person in protecting others from a foreseeable and unreasonable risk of harm.
In order to prove the negligence, the plaintiff (the injured person) must prove that the defendant (the person at fault):
- Owed a legal duty to the plaintiff under the circumstances;
- Breached the legal duty to conduct or act in a legal manner;
- This failure to act caused an accident or injury to the plaintiff;
- Accident and injuries were the results of such conduct.
The outcome of each case depends on the careful analysis of its specific circumstances. Any pedestrian accident can have more than one person with legal responsibility for the accident. Typically, the persons who may be potentially liable for the accident are:
- The driver who stroke the pedestrian,
- The responsible for the maintenance of sidewalk, roadway or parking;
- A pedestrian.
2. How a Pedestrian Accident Attorney Can Help You
Oftentimes, the court analysis numerous factors of the case before deciding whether the requirements to pay damages are lawful and it must be proven that the personal and property damages are the result of that negligence. A stressed individual may be unable to represent all aspects of the accident in order to get the satisfaction of his or her claims. In many cases, the victim just does not know where he should obtain information which can determine the court decision, such as driver’s identity, registered owners, the scope of the employment of the driver etc. All of this requires the involvement of a personal injury lawyer who is adept at handling claims between pedestrians and vehicle’s operators.
3. What Kind of Compensation You Can Get After Suffering a Pedestrian Accident in California
If under the unfortunate circumstances a person suffered from a pedestrian accident in California, you may receive compensation for your losses incurred due to a pedestrian accident, including:
- Loss of wages(including any reduction in the ability to earn money),
- Medical treatment (both current and future),
- Punitive damages.
The array of expenses which should be covered always depends on the specific circumstances of your case. That is why you need a professional help to get the compensation for all your losses.
The Margarian Law Firm lawyers know that our clients wish to recover their losses as fast as possible. Firstly, we will have an initial consultation with you. Our lawyers will explain to you how you may be entitled to compensation and reimbursement for suffered damages. When you hire us, you can leave the entire legal headache and concentrate on your recovering. We will protect your interests.
Take the action into your own hands and call us today to get the compensation you deserve.