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Elk Grove Pedestrian Accident Lawyer
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Elk Grove Pedestrian Accident Attorney
Every pedestrian faces many risks whenever they walk near moving traffic. While crossing signals and intersection lights aim to ensure a smooth and safe flow of traffic for drivers and pedestrians alike, it is possible for pedestrian accidents to happen any time a driver isn’t paying full attention to their surroundings or if they engage in willful misconduct behind the wheel. Though rare, pedestrian accidents do occur in the Elk Grove area, and it is vital for victims and their families to know how they can recover from these incidents.
Legal Counsel for Injured Pedestrians in Elk Grove, CA
If you or a member of your family recently suffered injuries in a pedestrian accident that another party caused, you need to know your options for legal recourse and how to hold them accountable for the damage they have done. An experienced Elk Grove pedestrian accident attorney is the optimal asset to have on your side in this situation. The right attorney can help determine liability for your damages and streamline the process of securing the compensation you and your family need to recover from the incident.
Kreeger Law Firm can handle a wide range of personal injury claims in Elk Grove, including those arising from pedestrian accidents. Throughout the years of our firm’s operation, we have successfully helped many past clients overcome very challenging cases, including those involving catastrophic personal injuries, permanent disabilities, and extensive economic losses. Our goal in every personal injury case we accept is to help our clients recover from their injuries as fully as possible.
How to Prove Fault for a Pedestrian Accident in Elk Grove
The first legal challenge you must overcome in the aftermath of a pedestrian accident is identifying the party responsible for causing the accident. The state operates on the fault rule for all motor vehicle accidents, including pedestrian accidents, so it is imperative for the victim to correctly identify the at-fault driver and prove their actions directly caused the accident. Your Elk Grove pedestrian accident attorney can be invaluable in this effort, helping you secure various forms of evidence to substantiate your case, such as driver cell phone records, statements from witnesses who saw the accident happen, and traffic camera footage from the area around where the accident occurred.
One issue that might arise in a pedestrian accident case and complicate the plaintiff’s pursuit of compensation is the pure comparative negligence law of California. Under this statute, a plaintiff may lose a percentage of their case award if they are found to have contributed to causing the accident. Jaywalking is commonly asserted by defendants in pedestrian accident cases. This is a term for a pedestrian crossing a street illegally. Pedestrians are required to use designated crosswalks and only cross streets when it is indicated safe to do so. If a pedestrian crosses illegally, stepping out in front of an oncoming driver, the driver may have little to no time to stop and avoid a collision.
It’s possible for comparative fault to come into play if a pedestrian jaywalked or otherwise breached their duty of care to walk safely and abide by crossing signals. However, a driver always has a higher duty of care to avoid hitting pedestrians, so it is highly unlikely for a pedestrian to ever be found more at fault than a driver for this type of accident. Once your Elk Grove pedestrian accident attorney has helped you address any such issues in determining liability for your accident, you can proceed with claiming compensation from the defendant.
Claimable Damages in Your Pedestrian Accident Case in Elk Grove
The purpose of your personal injury claim is to help you recover the compensation you need to be as whole as possible again after your accident. Pedestrian accidents often entail catastrophic injuries that impose long-term or permanent medical complications on victims. Under California’s personal injury statutes, the plaintiff in a pedestrian accident case has the right to claim recompense for:
- Medical expenses. Any personal injury is likely to require medical treatment, and state law ensures the plaintiff is able to claim recompense for their immediate and long-term healthcare expenses resulting from their pedestrian accident. Your Elk Grove pedestrian accident attorney can coordinate with your medical care team to ensure the defendant is held fully accountable for all medical care you need for the injuries they inflicted.
- Lost income. When you are unable to work and earn income due to another party’s negligence or intentional misconduct, they are liable for the wages you were unable to earn because of their actions. Similar to medical expenses, you can claim compensation for future damages in terms of lost earning capacity. If the defendant inflicted severe injuries that will prevent you from earning as much income as you did previously, or if they left you unable to work at all, you can hold them accountable for future income you can no longer earn.
- Pain and suffering. The plaintiff in any personal injury claim has the right to seek financial compensation for their non-economic damages as well. Your Elk Grove pedestrian accident attorney can help determine a suitable amount of compensation to claim from the defendant to reflect the physical pain, psychological suffering, and emotional trauma you experienced because of their actions and as a result of any long-term or permanent physical harm they caused.
Ultimately, a pedestrian accident claim might yield far more compensation than you anticipated initially, and having the right attorney represent your case is the optimal way to enhance your recovery as much as the law allows. If you are ready to start working toward your recovery with the help of an attorney you can trust, it’s vital to reach out to an experienced Elk Grove pedestrian accident attorney as soon as possible.
Pedestrian Accident Lawyer FAQs
Q: How Long Do I Have to File a Pedestrian Accident Claim in Elk Grove?
A: Anyone intending to file a personal injury claim of any kind must meet the statute of limitations. In the state, this is two years from the date an injury occurs. If the exact cause of an injury can’t be immediately determined or if a defendant took steps to conceal their liability, the statute of limitations may toll or delay until the at-fault party is identified. Two years might seem like more than enough time to file your claim, but filing your claim as soon as possible significantly increases your chance of success with the case.
Q: Will the At-Fault Driver Go to Jail for Hitting a Pedestrian?
A: It is unlikely for a defendant in a personal injury claim to face criminal prosecution unless their behavior exceeded the scope of standard negligence or they intentionally broke the law. If the defendant who injured you caused your accident by driving under the influence of drugs or alcohol, reckless driving, or some other illegal action, the state will likely file a criminal case against them. Your Elk Grove pedestrian accident attorney can advise you as to how this may influence your recovery.
Q: How Much Compensation Will I Receive for a Pedestrian Accident in Elk Grove?
A: The total value of any personal injury claim depends on the scope of the victim’s damages. The personal injury statutes of the state allow the plaintiff to seek compensation for their property losses, medical expenses, lost income, and any future damages directly resulting from the accident. For example, you can not only hold the defendant accountable for your lost income but also for lost future earning capacity if they permanently diminished your ability to work and earn income. You also have the right to claim pain and suffering compensation, which is likely to be substantial if you suffered any serious injuries that require long-term care.
Q: What Is the Most Common Cause of Pedestrian Accidents?
A: Failure to yield the right-of-way is the most commonly cited cause of pedestrian accidents in the Elk Grove area and throughout the state. Drivers always have a duty of care to avoid hitting pedestrians, even when pedestrians cross streets illegally. Other common causes of pedestrian accidents include distracted driving, driving under the influence, and speeding.
Q: How Much Will It Cost to Hire an Elk Grove Pedestrian Accident Attorney?
A: Kreeger Law Firm makes legal counsel accessible when you need it most, without adding to the economic issues you already face after a damaging accident. We take personal injury cases on a contingency fee basis. This means you will not pay any upfront or ongoing legal fees for our firm’s representation. We will take a percentage of the total compensation we recover on your behalf as our fee, but only after we win your case. If we can’t secure compensation for your damages for any reason, there is no fee at all.
Kreeger Law Firm can help determine the optimal path to recovering from your recent pedestrian accident. Our firm has successfully represented many past clients in difficult personal injury claims in the Elk Grove area, and we’re ready to leverage this experience on your behalf. You are likely to have many pressing legal questions in the aftermath of a damaging accident, and we can provide the answers and guidance you need in this difficult situation. Contact us today and schedule a free consultation with an Elk Grove pedestrian accident lawyer you can trust to start working toward your recovery with confidence.
