Fair Oaks Pedestrian Accident Lawyer
When someone hears "car accident," they typically imagine a collision at an intersection between two vehicles, multi-car pileups, and fender benders. However, a high percentage of auto accidents involve pedestrian injuries and fatalities.
Statistically, pedestrian accidents are surprisingly common, and traffic fatality data indicates that California is one of the most dangerous states in the country to be a pedestrian. During only the first half of 2015, over 300 pedestrians were killed in collisions with an automobile while the pedestrian was running, jogging, or walking.National Pedestrian Accident Statistics
Nationally, an estimated 5,376 pedestrians died in a collision with a motor vehicle. That translates to close to 15 people every day of the year, according to pedbikeinfo.org. If that was not bad enough, that total represents the highest pedestrian fatalities in one year since 1996. Traffic-related deaths fell by nearly 18 percent from 2006 to 2015, but pedestrian deaths jumped by 12 percent during the same period.Causes of Serious Pedestrian-Related Collisions
Far and away, the most common cause of a collision between a car and a pedestrian is the negligence of the automobile driver negligence. A driver is negligent when he or she has failed to use a reasonable amount of caution that should be expected from a similarly situated driver. Some of the most common types of driver-related negligence include:
- High-speed collisions (speeding and reckless driving)
- Distracted driving (texting or calling while driving)
- Turning crashes (failure to look before turning through an intersection or driveway)
- Low-speed zone collisions (not slowing down through school zones and the like)
A personal injury lawsuit aims to make a victim "whole" and adequately compensate them for the injuries they suffered as a proximate result of a driver's negligence. This means you can pursue financial restitution for the following harms and losses:
- Medical expenses stemming from the collision: You can be reimbursed for medical costs such as surgery, emergency room bills, physical therapy, and other related expenses.
- Lost wages due to time missed from work (including future wages): If you were forced to miss time due to your injuries, you could seek reimbursement for those lost wages. This includes vacation days and sick leave you may have been forced to use during your recovery.
- Pain and suffering: California law allows an injured pedestrian to pursue damages for the agony and inconvenience associated with the incident and also provides compensation for any long-term emotional trauma resulting from disfiguring scars and other emotional trauma.
Can I still recover damages if I was partially at fault for my pedestrian injury accident?
In some accidents, there may be evidence that both you and the driver were negligent. If this is the case, that does not mean you are forbidden to file a personal injury claim. In fact, California law allows an injured party to pursue financial recovery, even if they were partially at fault. This is known as comparative negligence. Most states have adopted this standard in some form or another. It allows a jury to award you damages based on a percentage of fault. So, for example, if you have $100,000 in damages and a jury finds that you were 25 percent at fault for the accident, the jury will reduce your damage award by 25 percent. That would leave you with a recovery of $75,000.
What types of injuries and damages are suffered in a pedestrian accident?
Not all pedestrian accidents involve death, although many often result in catastrophic injuries requiring extensive rehab time and may never fully heal. These injuries include multiple broken bones, scarring, torn ligaments, spinal cord damage, head wound or a traumatic brain injury, and/or loss of limbs. Injured pedestrians are often saddled with soul-crushing medical debt, even when they have health insurance (especially for people who purchase high deductible health plans that also require co-insurance payment). In addition to the medical bills, most pedestrian injuries have long recovery periods, which means days, if not weeks, of missed work.
Pedestrian Accident Lawyers in Fair Oaks, CA
If you have been hurt or someone you hold dear has passed away in a pedestrian accident in Fair Oaks or the surrounding area, please call our experienced Fair Oaks pedestrian accident lawyers today at (916) 921-6400 or (800) 404-5400 for compassionate, free and friendly advice.
Editor’s Note: updated [cha 7.8.22] Photo by DepositPhotos.com sb bw [cs 836]