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Sacramento Pedestrian Accident Lawyer

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Sacramento Pedestrian Accident Lawyer

Pedestrian Accident Lawyer in Sacramento, California

Drivers owe a duty of reasonable care to all pedestrians. Pedestrians also owe a duty of care to follow traffic signals and crosswalk lights. However, a driver has a higher duty of care because pedestrians are more vulnerable to serious injury. Drivers are responsible for preventing accidents, following traffic laws, and driving safely. If you are looking for legal advice on pedestrian accidents, a Sacramento pedestrian accident lawyer can help.

To recover damages after an accident, the pedestrian who suffered harm must show that the driver deviated from their responsibilities or acted negligently. Generally, the pedestrian or the surviving family must show that the driver owed the pedestrian a duty of care, that the driver breached that duty of care because they were negligent, and that the driver’s negligence was a substantial factor in causing the pedestrian’s injuries.

Driver negligence can be shown in many ways, such as violating traffic laws, texting and driving, and driving under the influence of drugs or alcohol. For example, California Vehicle Code 21709 VC makes it illegal for a motorist to drive in safety zones. These areas are set aside for pedestrians. A driver who drives in a safety zone and injures another will usually be held legally responsible. Aside from safety zones, if a driver strikes a pedestrian because he was speeding, trying to pass a stopped school bus, or didn’t yield to a pedestrian, they may also be held legally responsible.

Pedestrian Injuries from Car Accidents

There are many scenarios where a pedestrian safety is not considered and they are knocked down. These include:

  • Vehicles failing to yield to pedestrians;
  • Biking on the sidewalk;
  • Cars driving on the sidewalk;
  • City buses with large mirrors that extend into the sidewalk; and
  • Passengers opening the doors of parked cars.

If you or a loved one recently suffered a pedestrian accident from any of these potential causes in Sacramento, you likely have grounds to pursue compensation from the party responsible. Depending on how the accident happened and who caused it, you may have the ability to file a claim against the at-fault driver’s auto insurance and/or a personal injury suit.

FINDING LEGAL COUNSEL FOR YOUR PEDESTRIAN ACCIDENT CLAIM

State law does not strictly require you to hire an attorney for your pedestrian accident claim, but you have a much greater chance of success with the claim when you have legal counsel you can trust advising you. The right attorney can help identify the party or parties responsible for causing your accident and gather the evidence needed to support your case. Once you have proven fault, you will be able to rely on your attorney to help prove the full extent of your claimable damages.

If you tried to handle a personal injury case without help from a personal injury lawyer in Sacramento, CA, the mistaken belief that you were saving money on attorneys’ fees could end up costing you much more. Even if you managed to succeed with the claim, you would be unlikely to uncover all the various channels of compensation an attorney could have identified for you. Additionally, you could make mistakes in the filing of your claim or meeting other procedural requirements that lead to significant delays in your case proceedings or even loss of your ability to seek compensation from the party who caused your injury.

Ultimately, hiring a Sacramento pedestrian accident attorney to represent you will significantly improve your chances of success with your claim, and you will also be much more likely to maximize your final case award with their assistance. Kreeger Law Firm approaches every claim we represent with the goal of helping our client recover as much compensation as state law allows for their damages, and we aim to accomplish this in the most efficient possible manner to streamline our client’s recovery.

Types of Pedestrian Accidents

At any given time on the busy streets of California there may be cars, trucks, bicycles, motorcycles and pedestrians. When an accident occurs between a heavier more dangerous vehicle and a pedestrian, the pedestrian is always at the mercy of the vehicle operator. There is no protection between a pedestrian, heavier vehicle, and the ground. As a result, even a minor knock-down accident can cause serious injuries to pedestrians that are often one sided.

Under California personal injury law, a pedestrian who was injured in an accident can file a lawsuit against those who caused the accident. Damages usually include medical bills, lost wages, and pain and suffering. 

If you were hit by a vehicle, the driver’s insurance company will be quick to contact you to try to settle the claim for as little as possible. Having a skilled attorney fighting for your rights will ensure that you aren’t taken advantage of and that you receive what is owed to you. Whether you are contacted by an insurance company, or you proceed with filing a claim on your own after an accident, legal counsel will make facing the insurance company much easier. Insurance company representatives are trained to look for ways to deny claims or justify the lowest possible settlement offers, but your Sacramento pedestrian accident attorney can help ensure they handle your claim in good faith and offer a reasonable settlement.

Pedestrian Accidents in Cross Walks

Crosswalk accidents are some of the more common accidents. Perhaps the pedestrian started to walk before the walk signal or maybe there wasn’t even a crosswalk. Maybe, the pedestrian instinctively apologized after the accident. The insurance company will be quick to blame the pedestrian and try to use his or her words against them. The question of “fault” is something that is decided by a jury.
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CALIFORNIA’S COMPARATIVE NEGLIGENCE LAWS

A driver may have a more substantial duty of care than a pedestrian. However, if a pedestrian’s negligence contributes to their accident, such as crossing the street illegally, the pedestrian may face diminished compensation due to California’s pure comparative negligence law. Under this law, a plaintiff who is partially at fault for causing the damages they have claimed may still recover compensation. However, they lose a percentage of the case award to reflect the amount of fault they hold for causing the damages.

For example, if a driver hits a jaywalking pedestrian, the driver still holds a higher duty of care and will therefore absorb most of the liability for the accident. However, it’s not that simple. Since the pedestrian crossed illegally, the accident may not have occurred had the pedestrian used the crosswalk legally. Therefore, the pedestrian is partially liable for their accident. The judge overseeing the case will reduce the plaintiff’s claim award by an appropriate percentage. Unlike states that follow modified comparative negligence laws and bar plaintiff recovery if they hold more than 50% of the fault for their claimed damages, California’s pure comparative negligence law has no such limit.

When a plaintiff is assigned any fault percentage in a personal injury case, this percentage is taken from their final case award as a penalty. For example, if a plaintiff is seeking $500,000 in damages but they bear 10% of the fault for causing the incident, this would mean they will lose $50,000 or 10% of the case award. Depending on the extent of the damages you are claiming, even a slight fault can diminish your compensation significantly. An experienced Sacramento pedestrian accident attorney can help determine your most viable options for reducing any shared fault for your pedestrian accident claim.

COMMON INJURIES FROM PEDESTRIAN ACCIDENTS

When a pedestrian suffers an accident with a motor vehicle, it is almost always the pedestrian who suffers the worst of the damages. When a car or motorcycle strikes a person, the victim could suffer serious injuries such as:

  • Bone fractures. The force of impact can cause severe bone fractures throughout the body, and the victim could suffer secondary fractures from falling to the ground after the initial impact.
  • Spinal cord injuries. The spinal cord allows the brain to control the body’s movements and functions. If a pedestrian suffered an injury to their spine, they could face lifelong paralysis or other long-term medical complications.
  • Brain injuries. A blow to the head can have devastating consequences. Even seemingly mild traumatic brain injuries like concussions can result in extensive brain damage. A pedestrian who suffers a brain injury could face permanent disability and loss of basic motor functions.
  • Internal organ damage. The force of a car striking a pedestrian can damage the internal organs severely. It’s also possible for broken bones to pierce organs and cause critical medical complications.
  • Soft tissue injuries. A pedestrian accident can involve rapid momentum shifts and impact forces that can damage the muscles, tendons, and ligaments, some of which may require surgery and rehabilitation.

Many pedestrian accidents result in multiple injuries, many of which will require immediate medical intervention or even life-saving measures, after which the victim could face months or even years of recovery time. Some unfortunate pedestrian accident victims are left permanently disabled by these accidents and can be unable to work or live independently in the future, resulting in a greatly diminished quality of life.

It is easy to see how a pedestrian struck by a car can incur massive medical bills and require extensive care, sometimes lasting for years after such accidents. In a personal injury lawsuit, a plaintiff can claim compensation for all their damages, including those they have already incurred at the time of their filing the lawsuit and those they are likely to incur in the future.

POTENTIAL COMPENSATION FOR YOUR PEDESTRIAN ACCIDENT CLAIM

Your Sacramento pedestrian accident attorney will help you ensure you receive appropriate compensation for all of the medical expenses resulting from your accident. Additionally, it is easy to see how substantial medical bills and the inability to work can create a compounded financial problem for the plaintiff. In addition to your medical expenses, your Sacramento pedestrian accident lawyer can help you secure compensation for the income you lost while recovering from your injuries.

Pedestrian accidents typically cause catastrophic injuries like spinal injuries and brand damage, and the victim may be unable to return to their previous job after their accident. In this situation, a Sacramento pedestrian accident lawyer can help the plaintiff prove their lost future earning potential with the help of a financial professional who can act as an expert witness in the case. In the event the pedestrian accident also resulted in damage to expensive personal property, such as a watch or smartphone, the plaintiff can claim these property damages losses in their case as well.

Finally, California law allows plaintiffs to recover financial compensation for intangible damages. “Pain and suffering” in personal injury law refers to physical pain, psychological distress, and emotional trauma a plaintiff experienced due to the defendant’s actions. Many possible formulas can be used to calculate appropriate pain and suffering damages. Most judges simply multiply the plaintiff’s medical expenses by an appropriate factor considering the severity of their injuries, and other judges award pain and suffering compensation on a per-diem basis for as long as it takes the plaintiff to make the fullest recovery possible.

Pedestrian Accident Lawyer Sacramento

PUNITIVE DAMAGES IN CALIFORNIA

It is also possible for a plaintiff in a pedestrian accident lawsuit to receive punitive damages alongside their other awarded damages if the judge deems it appropriate. Punitive damages serve to punish wrongdoing in civil court and discourage similar behavior in the future. In California, there is no upper limit to how much a defendant may need to pay in punitive damages. A judge typically considers the wealth of the defendant and the egregiousness of their behavior in the given situation as the primary factors in determining punitive damages.

If the defendant in a pedestrian accident case is unremorseful, or if there is any evidence indicating the defendant was intentionally attempting to cause harm or operating their vehicle under the influence of alcohol, the defendant will likely face criminal prosecution from the state of California while the civil claim from the victim unfolds.

WRONGFUL DEATH

If a person dies from wounds sustained from a pedestrian accident, they can no longer file a personal injury claim to recover their damages. Their surviving loved ones may file wrongful death claims instead. Similar to personal injury claims, wrongful death claims seek compensation for losses resulting from the death of a loved one that occurred due to negligence.

Just like in a personal injury lawsuit, the plaintiff of a wrongful death claim must prove they have the right to file the claim under California law and then prove that the death in question was the result of the defendant’s negligence. Plaintiffs can receive compensation for losses the plaintiff incurred just before their death, such as hospital bills and surgery costs, as well as the surviving loved one’s losses, including the companionship and financial support provided by the deceased.

What Happens If You Hit a Pedestrian With Your Car in California?

If you have accidentally hit a pedestrian with your car in California, the consequences will vary depending on the circumstances of the incident. While some cases can be resolved without going through litigation, there are some matters that need to be resolved in court. Certain considerations will be investigated, such as if the pedestrian was in a crosswalk, the speed you were driving, and if you were a negligent driver.

The following factors may impact your case if you hit a pedestrian in California:

  • Duty of Care: Duty of care is a major consideration when it comes to pedestrian accidents because, in California, drivers have a duty and responsibility to exercise reasonable care to avoid causing harm to others, including pedestrians. If it is proven that a driver has not practiced a proper duty of care when driving, there can be serious legal implications.
  • Comparative Fault: California law follows a comparative fault system, meaning fault can be assigned to both parties in an accident. If a pedestrian is found partially at fault for the incident, it can affect their ability to file a claim and recover damages. An example of this could be, for instance, a pedestrian who has unexpectedly darted out into the path of oncoming traffic, giving the driver no or little time to react. In this case, the pedestrian can be seen as partially at fault, impacting the outcome of the damages received due to their injuries.
  • Compensation and Insurance: In straightforward pedestrian/car accidents, the at-fault driver’s insurance can be responsible for compensating the injured pedestrian for their medical expenses, lost wages, and other damages. This is subject to shift and change, given the unique dynamics in each case. However, in the case that the accident was the driver’s fault, their insurance provider is held responsible and will have to pay.
  • Criminal Charge: If a driver’s actions were obviously reckless and negligent, they may even face a criminal charge. Criminal charges are generally determined separately from civil liabilities for damages.
  • Reporting Mandates: In the state of California, there are several requirements individuals must adhere to in the case of an accident. For example, a driver must stop immediately in the event of an accident involving injury or death and provide their information to the parties involved, as well as report the incident to local law enforcement. If an individual does not do this, there can be serious legal ramifications.

If you have been in a car accident in Sacramento involving a pedestrian, it is important to seek medical attention for any injured parties and notify local law enforcement. After the chaos of the initial accident has died down, you should then seek assistance from a pedestrian accident lawyer who can help you understand your rights and the upcoming proceedings you’ll be involved in. Regardless of fault, you are entitled to a fair trial that takes into consideration the complexities of the situation.

FAQs

Q: How Much Time Do I Have to File a Pedestrian Accident Claim in Sacramento?

A: If you intend to file a personal injury claim, you must do so within the statute of limitations. This time limit begins on the day your injury happened and extends for two years. However, you may have grounds to file a claim against the at-fault driver’s car insurance, but you face a much shorter time limit in which to do so. It’s optimal to consult a Sacramento pedestrian accident attorney as soon as possible after your accident to have the greatest chance of recovering as fully as possible.

Q: Do Pedestrians Have the Right of Way?

A: Yes, pedestrians always have the right of way, even if they cross a street illegally. Drivers are expected to always yield to pedestrians at all times, and failure to do so can result in a serious pedestrian accident. However, if a pedestrian accident happens because the pedestrian crossed the street illegally or they were otherwise negligent, the comparative fault rule applies, and the pedestrian will face a diminished case award in their personal injury suit.

Q: How Much Compensation Can I Claim for a Pedestrian Accident in Sacramento?

A: Under California’s personal injury laws, you have the right to claim full repayment of all the economic losses you suffered in your recent pedestrian accident, including your medical expenses, lost income, and lost future income, if you cannot return to work due to the severity of your injuries. You can also claim pain and suffering compensation, and state law does not set a limit as to how much you are allowed to claim. Your Sacramento pedestrian accident attorney can help maximize your case award as fully as state law allows.

Q: How Long Will It Take to Finalize My Case?

A: If you are able to settle a personal injury claim, this process typically takes only a few weeks to conclude. However, if litigation is necessary, this will take much longer, potentially several months to more than a year. Your Sacramento pedestrian accident attorney can offer an estimate of how long it could take to finalize your claim.

Q: What Does It Cost to Hire a Sacramento Pedestrian Accident Attorney?

A: Most of the personal injury attorneys representing cases in Sacramento accept their cases on contingency. When you have a contingency fee agreement with your attorney, you will only pay them once they win your case, and your fee is a percentage of the total amount recovered for you. The attorneys take nothing if they are unable to secure compensation for your damages, so there is no risk to you with this type of billing arrangement, and the attorney has every reason to help maximize your case award.

An Experienced Advocate by Your Side ~ California pedestrian lawyer

Having a skilled attorney can handle tough questions from the insurance company about who is at fault. Our experienced Sacramento pedestrian injury attorneys will work effortlessly to prove the negligent party’s fault by conducting investigations to gather all the facts. Contact us today at (916) 782-8400 to discuss your case and learn more about how we can help you.