Carmichael Pedestrian Accident Lawyer
Pedestrian injuries and deaths from accidents in California are statistically more likely than in any other state in the nation. Pedestrian deaths accounted for a shocking 22 percent of all car accidents, according to California's Department of Motor Vehicles.
Many pedestrian accidents involve an automobile colliding with a pedestrian at a crosswalk or sidewalk. If you are a pedestrian who enjoys walking, running, or jogging regularly, you know many hazards are dangerous for pedestrians. One of the most dangerous scenarios is when someone attempts to cross the street at a busy intersection. Even pedestrians using a designated crosswalk are exposed to a potentially life-altering injury by a negligent driver.Pedestrians Have the Right of Way
Pedestrians have the right of way at an intersection with a marked or unmarked crosswalk. According to California Vehicle Code Section 21950, a driver must yield the right-of-way to a pedestrian when walking across the street within an area or an unmarked crosswalk at an intersection. A motorist approaching someone near any marked or unmarked crosswalk must exercise "all due care" and reduce their speed appropriately or take other actions necessary to safeguard the safety of the pedestrian.
In addition to the right-of-way rule stipulated above, drivers owe a heightened duty of care when traveling in areas where children are around. For example, drivers must be cautious and vigilant when traveling by a school, a park, or a residential area.Bodily Injuries Suffered by Pedestrian Accidents
When a human body is hit by a motor vehicle weighing more than 5,000 pounds, the pedestrian usually suffers the most injuries. This is to be expected since our bodies cannot withstand the impact of an oncoming car. Pedestrian accidents often result in catastrophic injuries, including:
- Fractured Bones
- Traumatic brain injury (TBI)
- Spinal cord injury or nerve damage
- Facial lacerations and eye damage
Watch the following video for tips on staying safe while walking.Pursuing Damages Caused by Your Pedestrian Accident
If you or a loved one was hit by a car and suffered a debilitating, life-altering injury, you can pursue financial restitution for your harm and losses. The types of harm and losses generally recoverable through a personal injury claim include:
- Medical expenses include current medical bills (e.g., trips to the emergency room, prescription drugs, trips to your primary care physician) and reasonably foreseeable future medical expenses.
- Lost income due to time missed from work and diminished earning capacity: generally, any wages lost while you were hospitalized or recovering from the collision are recoverable. Furthermore, if the accident caused a severe injury resulting in temporary or permanent disability, you could pursue lost wages.
- Pain and suffering include compensation for mental anguish, stress, anxiety, and inconvenience.
Can I pursue punitive damages in my pedestrian accident claim?
In addition to the economic and non-economic damages described above, you may be able to pursue punitive damages. These are damages designed not to make you whole but rather to рuniѕh the driver who caused the accident that injured you or a loved one. An award of punitive damages is meant to show others similarly situated to the defendant that their reckless actions have major consequences. But you must remember that pursuing punitive damages is relatively rare in California. The courts require you to prove that the defendant's conduct was particularly heinous and shocking to seek punitive damages. Not only that, but the evidence must be overwhelmingly clear that their actions were deplorable.
Is there a deadline to file an injury claim for my pedestrian accident?
Under California law, an injured pedestrian must file a civil personal injury lawsuit within two years of the accident. If you fail to file suit in two years, your case will likely be barred from going forward. This is known as the statute of limitations. This period is even shorter if you or a loved one was hit by a city or state governmental entity like a city bus or roadwork maintenance vehicle. In this scenario, you must notify the government of your injury claim within six months from the date of the collision. While these filing deadlines might seem lengthy, they are not, especially when you factor in the additional time for a Carmichael personal injury lawyer to investigate and examine your potential case. That is why it is essential to contact a lawyer as soon as possible to allow enough time to conduct a thorough investigation of your accident.
Lawyer Adheres to No Legal Fee If No Recovery Policy
Some people hesitate to reach out and speak to a personal injury attorney because they have heard stories about how they will be on the hook for an outrageous hourly billable rate or hefty retainer fee. Many prominent defense lawyers work that way, but not personal injury attorneys. The overwhelming majority of Carmichael personal injury lawyers work on a contingency fee. This means the lawyer's fee is contingent upon them securing financial recovery for you. You are not on the hook for their legal bills if unsuccessful. This structure makes sense because it aligns with the incentives of you and your lawyer. Both of you want to obtain a successful financial outcome for your claim.
Getting hit by a vehicle can be a devastating event that alters your future irrevocably. Many pedestrian accident victims suffer permanent, debilitating injuries such as paralysis, nerve damage, or head wounds. A catastrophic injury may take months or years to recover from, if at all. This is why you should hold the driver responsible for their reckless actions by hiring an experienced injury lawyer.Pedestrian Accident Lawyers in Carmichael, CA
If you or your loved one has suffered a pedestrian injury, please contact our experienced Carmichael pedestrian accident lawyers for free, friendly advice at (916) 921-6400 or (800) 404-5400.
See our past cases on our Verdicts and Settlements page.
Editor's Note: updated [cha 6.22.22] sb bw [cs 1030]