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. 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.

Nationally, an estimated 5,376 pedestrians died in a collision with a motor vehicle. That translates to close to 15 people every single day of the year, according to pedbikeinfo.org. If that was not bad enough, that total represents the highest number of pedestrian fatalities in one year since 1996. The total number of traffic-related deaths fell by nearly 18 percent from 2006 to 2015, but pedestrian deaths jumped by 12 percent during the exact 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 collisions (failure to look before turning through an intersection or driveway)
  • Low-speed zone collisions (not slowing down through school zones and the like)
Injuries Suffered by Pedestrians Can Be Catastrophic

Not all pedestrian accidents involve death, although many often result in catastrophic injuries that require an extensive amount of time to rehab 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 payment of co-insurance). In addition to the medical bills, most pedestrian injuries have long recovery periods, which means days, if not weeks, of missed work.

Pursuing Financial Restitution in Your Fair Oaks Pedestrian Accident Case

The purpose of a personal injury lawsuit is to make a victim “whole” and properly compensate them for the injuries they suffered as a proximate result of the negligence of a driver. 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-costs.
  • Lost wages due to time missed from work (including lost future wages): If you were forced to miss time from work due to your injuries, you are allowed to seek reimbursement of those lost wages. This includes vacation days and sick leave that 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.
Comparative Negligence Standard Benefits Injured Pedestrians

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 a financial recovery, even if they were partially at-fault. This is known as comparative negligence. Most states across the country have adopted this standard, in some form or another. Basically, 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.

Picture of Edward A. Smith
Fair Oaks Pedestrian Accident Lawyer Ed Smith

Fair Oaks Pedestrian Accident Lawyer

I’m Ed Smith, a Fair Oaks pedestrian accident lawyer. If you or someone you hold dear has been hurt or passed away in a pedestrian accident in Fair Oaks or surrounding area, please call me today at (916) 921-6400  or toll-free at (800) 404-5400 for compassionate, free and friendly advice.

I have served as a personal injury and wrongful death law in Northern California for more than 34 years.

Read about injury lawyers and what they do here.

Learn what past clients have said about working with me on YelpAvvo, and/or Google Plus.

Take a few minutes to review my Verdicts and Settlements page.

 I’m a Million Dollar Advocate, a noted group of top-ranking US injury attorneys with million dollar case verdicts.

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Client Reviews
  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely, Alex & Dinah M. ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation. Beverly ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything. Annie T. ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime. Jeremy M. ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone. Shannon D. ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury. David M. ★★★★★