Pedestrian accidents in major cities are, unfortunately, common given the vehicle-focused infrastructure of our state. Where there is a large concentration of pedestrians and cars, injuries and deaths from crashes increase. In addition, higher numbers of residents walking to their destinations have contributed to more incidents of cars hitting pedestrians.
Motorists should exercise reasonable care to prevent pedestrian wrecks. Typically, these types of collisions are caused by distracted driving, speeding, not turning properly, not watching for pedestrians at a crosswalk, and driving under the influence of drugs or alcohol. If you are the victim of a motorist’s negligent or reckless driving, consider contacting a Stockton pedestrian accident lawyer who can assist you in recovering the damages you deserve. An experienced personal injury attorney can explain what you are entitled to after a roadside collision.
After a pedestrian-vehicle accident, recoverable damages can include economic losses and non-economic losses. Lawyers may use bills, receipts, and medical records to prove economic losses, while leveraging expert testimony to prove non-economic losses.
In some cases involving gross negligence or willful misconduct, a court may award punitive damages to the pedestrian to punish the defendant and discourage repeat actions. A victim or their family may receive compensation for damages, including:
Due to the comparative fault law, if you are deemed partially responsible for the accident, your overall compensation may be reduced. A credible Stockton attorney experienced in pedestrian wreck cases can be vital to successfully filing a lawsuit, proving fault, and identifying which losses are eligible for damages.
After a pedestrian wreck, the victim’s insurance company must notify the driver’s insurer about the accident and the intent to file a claim. Notifying them of a forthcoming claim will trigger potential settlement discussions. Documentation gathered immediately after the incident (photos of the scene, witness statements, police records, etc.) and from any medical visits is critical for negotiating with the driver’s insurance company.
Sometimes, negotiations with an insurance company are unsuccessful. A Stockton pedestrian collision lawyer may then file a lawsuit, which entails gathering the evidence and presenting the case to a judge and possibly a jury. Proving the driver’s negligence is crucial to establishing liability and showing that their actions caused the pedestrian’s injuries, necessitating damages.
A claimant generally has two years from the date of harm to file a lawsuit. Retaining the services of an attorney who understands California’s statute of limitations and is skilled at communicating with insurance companies could help an injured pedestrian win a fair settlement for any injuries and losses suffered in a crash.
Many different factors can influence your case, including the degree of fault of you and the driver, the economic and non-economic losses suffered, and post-accident documentation.
Just as everyone’s circumstances are unique, outcomes in a pedestrian injury case can vary widely. Working with a Stockton pedestrian accident lawyer could increase your chances of winning compensatory damages and contributing to your recovery efforts. Call today to schedule a consultation.