Davis Pedestrian Accident Lawyer
Pedestrian accidents are more common than you might want to believe. The LA Times reported that pedestrian deaths from accidents and collisions in California are statistically more likely than in any other state. Most pedestrian deaths tended to occur at night while the victim was walking or jogging without wearing any reflective gear.
Many drunk pedestrians also regularly become victims. Fortunately, Davis tends to be a relatively safe city for pedestrians. According to the California Office of Traffic Safety, only five involved pedestrians for every one-hundred car crashes in Davis. That said, accidents do happen, and they can be quite brutal.Common Causes of Pedestrian Accidents
While most pedestrian accident lawsuits filed involve a car running into a pedestrian, other types of pedestrian accidents are also common. They can be the basis for a personal injury or wrongful death lawsuit. Pedestrians who walk, run, or jog daily know that many possible hazards are immediately dangerous. Cars are obvious dangers, but motorcycles and city buses also pose significant risks on the roadway.
Additionally, sidewalk hazards such as cyclists and skaters can result in serious collisions causing injuries. Even if you are not sure if you have suffered an injury that may merit a lawsuit, it is worthwhile to contact a Davis pedestrian accident lawyer to assess your legal options.Types of Injuries Suffered by Pedestrians
The human body is simply not designed to withstand the impact of an oncoming car. Most motor vehicles weigh more than five thousand pounds. If a pedestrian is hit by a car, truck, or SUV, they usually bear the brunt of the damage.
Pedestrian accidents tend to result in serious, catastrophic injuries, including:
- Broken bones
- Brain injury and/or head wounds
- Spinal cord injury
- Facial laceration
Watch the following AAA pedestrian safety PSA for information on the rules of the road.Pursuing Financial Restitution for Your Harms and Losses
Some injuries can be relatively minor, while other pedestrians will suffer from permanent disabilities or scarring from being hit by a motorist. A pedestrian accident may also result in the death of a loved one. Fortunately, a top-rated Davis pedestrian accident injury attorney can seek financial compensation on behalf of the claimant for losses incurred. Following are the types of economic and non-economic damages an injured pedestrian may be entitled to under California law:
- Medical Bills and Related Expenses: in California, most injury cases result in an award of the total cost of all current and foreseeable future medical bills.
- Lost Income and Earning Capacity: generally, any wages lost while the victim was hospitalized or in recovery are compensable. If the accident resulted in a temporary or permanent disability, future lost wages could also be recovered.
- Pain and Suffering: California Law allows accident victims to recover damages associated with the hardship of surviving an accident.
In addition to economic and non-economic damages, your Davis pedestrian accident injury lawyer may seek recovery of punitive damages in your case. These are damages intended to рuniѕh the defendant who caused the pedestrian accident and send a clear signal that their conduct will not be tolerated.
Though, not all personal injury cases warrant the pursuit of punitive damages. These unique damages are governed by California Civil Code Section 3294, which stipulates that punitive damages may only be pursued when convincing and unmistakable evidence that the defendant’s actions were fraudulent, oppressive, or committed with malice. “Oppressive conduct” is generally considered an action that subjects a person to cruel and unjust hardship in conscious disregarding their rights.
In the personal injury context, punitive damages may be pursued when a defendant’s actions were particularly egregious and proximately caused the plaintiff’s injuries. For example, if a driver was heavily intoxicated and speeding when they hit you or a loved one, that may be the basis for pursuing punitive damages.Do Not Delay in Speaking to a Lawyer
In California, an injured pedestrian must file a lawsuit within two years of becoming injured. If that lawsuit involves either city or state governmental entities such as city buses or roadwork maintenance vehicles, the government must be notified of your personal injury claim within six months. The filing deadlines may seem prolonged, but they are not, considering the additional time to investigate and examine your potential claim. That is why it is so important to contact a lawyer as soon as possible to allow enough time to conduct a thorough investigation of your accident.No Recovery, No Legal Fee
Some accident victims hesitate to contact a personal injury attorney because they think they will be on the hook for hefty legal fees. However, most personal injury lawyers working in Davis and across California operate on a contingency fee basis. In other words, you will not be charged hourly rates or retainer fees on your case.
Attorneys from our Davis, CA pedestrian accident law firm will not charge you anything unless we obtain full and fair financial compensation on your behalf. This is typically through a personal injury settlement or jury verdict. The contingent fee is a percentage of the total legal recovery. In most cases, it ranges from 33 percent to 40 percent, depending on the facts of your case.
Getting hit by a vehicle can be a life-altering event that completely derails your future. Many victims of pedestrian accidents wind up suffering permanent, debilitating injuries such as paralysis, nerve damage, or a traumatic brain injury. A catastrophic injury may take months, or even years, to recover from, if at all. You should hold the reckless party responsible by hiring an experienced Davis pedestrian accident attorney.Davis Pedestrian Accident FAQ
Are punitive damages recoverable in a pedestrian accident case?
Punitive damages are meant to punish someone for bad behavior and discourage others from doing the same thing. Punitive damages are another way injured pedestrians may feel that “justice is served” after a traffic accident. Your Davis pedestrian accident lawyer can advise you about the compensation you may be able to recover through a personal injury claim and whether punitive damages are likely recoverable in your case.
How much will I get from my pedestrian injury accident case?
Since each case is different, it is difficult to determine the exact settlement amount, especially when non-economic damages such as pain and suffering and loss of enjoyment of life are involved. The best way to find out what your pedestrian accident case is worth is to meet with a knowledgeable personal injury attorney to discuss your legal options. The lawyer will review your case, provide you with an estimated settlement amount and assist you in getting the maximum compensation for your claim.
Pedestrian Accident Injury Attorneys in Davis, CA
If you or a loved one has been hurt in a pedestrian accident in the Davis area or elsewhere in Yolo County, let the experienced personal injury attorneys at AutoAccident.com help you. Call our Davis pedestrian accident lawyers today for free, friendly advice on your case at (530) 392-9400 or (800) 404-5400.
We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.
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Editor’s Note: This page has been updated for accuracy and relevancy [cha 6.2.22]
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