Los Banos Pedestrian Accident Lawyer
At AutoAccident.com, our injury lawyers understand the stress you feel after a pedestrian accident in Los Banos. Our experienced attorneys are available anytime to help and offer free, friendly legal advice on your case. Call us to schedule a free consultation at (209) 227-1931 or (800) 404-5400.
Life after a pedestrian accident in Los Banos, or elsewhere in Merced County, can be extremely challenging and stressful. You may find yourself struggling to make ends meet because of medical expenses piling up and missing time at work to recover from your injuries. Your only focus should be on healing so you can return to work, hobbies, and family life. Our law firm understands that and would like to help you through this difficult time. We can protect your legal rights and seek the financial compensation you deserve after a pedestrian accident injury caused by the careless or negligent actions of another. Contact our legal team today for the assistance and guidance you need.Where Do Most Car-Pedestrian Accidents Occur?
According to the National Highway Traffic Safety Administration (NHTSA), most fatal pedestrian accidents occur at night, in non-intersection locations, and in urban areas. Other common sites of car-pedestrian collisions include:
- Crosswalks: Pedestrians struck by cars in crosswalks at intersections are often hit by drivers who did not see them at night, cars turning left, or distracted drivers, such as those using a cell phone to text or make phone calls. It is recommended that pedestrians wear reflective clothing and carry a flashlight to increase their visibility at night. Do not assume oncoming traffic will stop for you while crossing a street, even if you are in a crosswalk. Always look both ways to ensure it is safe before crossing the road.
- Parking Lots and Garages: Drivers pulling into parking lots or reversing out of parking stalls often fail to make sure it is clear to back up over pedestrians. If you walk in a parking lot, it is best to stay alert and avoid walking between empty parking spaces or parked vehicles.
To see how the California Highway Patrol (CHP) conducts pedestrian safety operations in Merced County, watch the video below.What are the Most Common Types of Pedestrian Accident Injuries?
A pedestrian accident may result in injuries that range in severity from minor to serious. Among the most common types of injuries in pedestrian accidents include bone fractures, facial scarring, road rash, and upper and lower extremity injuries. In some cases, pedestrian accident injuries may result in a permanent disability that requires life-long medical treatment. A traumatic brain injury (TBI) or spinal cord injury, both often suffered in Los Banos pedestrian accidents, can change an injured person’s life forever. Psychological counseling, modifications to the home to accommodate a permanent disability, and extensive physical therapy may be necessary to assist the injured party to adjust to a new life. However, no one deserves to face new challenges because of someone else’s negligence. California law provides pedestrians the right to seek financial compensation from negligent parties for their losses through personal injury claims.Types of Personal Injury Damages in a Pedestrian Accident Case
Those who have been hurt in pedestrian accidents sometimes do not consider the full extent of the incident or the impact that it has taken on them and their families. Reaching out to an experienced Los Banos pedestrian accident lawyer may offer insight into the types of personal injury damages a claimant may seek in a pedestrian accident insurance claim. The value of a pedestrian accident injury case will depend on several factors, including the age, health, education, work, the severity of injuries, and how the incident has impacted the claimant’s life. In most cases, pedestrians may seek the following economic and non-economic damages:
- Past and future medical expenses
- Lost wages
- Loss of future earning potential
- Pain and suffering
- Property damage
- Lost enjoyment of life
- Loss of consortium
- Wrongful death
Punitive damages may be awarded to the pedestrian if their case is taken to trial. The purpose of punitive damages is to punish the negligent party for their egregious actions and to deter similar situations from happening to others in the community.Does Uninsured Motorist Protection Cover You as a Pedestrian?
Approximately 15.2 percent of drivers in California are uninsured, according to a recent study by the Insurance Information Institute (III). When hit by a car as a pedestrian and the driver does not have bodily injury liability coverage, that does not necessarily mean there is no recourse available. Our Los Banos pedestrian accident lawyers explain that this is where uninsured/underinsured motorist protection (UM/UIM) comes into play. If you were hit by a vehicle whose driver is uninsured as a pedestrian in Los Banos or elsewhere in California, you may bring an uninsured motorist claim against your insurance policy. If you do not have car insurance but lived with a relative who did at the time of the injury incident, you may be able to bring an uninsured motorist claim through that policy, so long as you were not excluded from the insurance plan. Another reason why having uninsured motorist coverage is important is that it can help cover pedestrians injured in a hit and run accident, up to the limits of the policy.How is Fault Proven in a Pedestrian-Car Accident?
Negligent parties and insurance companies often use comparative fault as a defense in pedestrian accident injury claims. In California, comparative negligence asserts that the pedestrian was partially at fault for the accident, thus diminishing the financial liability of the driver. How California comparative fault laws work in a pedestrian accident lawsuit is that the claimant would be awarded compensation based upon their percentage of negligence assigned to them. To maximize compensatory damages, a Los Banos pedestrian accident attorney who is experienced in handling these cases will know the best way to proceed and overcome comparative fault defenses. Proving fault is necessary for recovering full and fair compensation in car-pedestrian accident cases. An injury attorney can help you prove fault for a pedestrian accident through the collection, preservation, and presentation of the following types of evidence:
- Photos of the pedestrian accident scene
- Video surveillance of the car-pedestrian accident
- Statements and interviews from eyewitnesses
- CHP traffic accident reports
- Medical records
- Testimony from medical expert witnesses and pedestrian accident reconstruction experts
- Cellphone records if distracted driving is potentially involved
- The black box in the commercial truck involved in the pedestrian accident
If you have been hurt in a traffic accident as a pedestrian, the experienced Los Banos pedestrian accident injury lawyers at AutoAccident.com can discuss your case and explain your legal options for financial compensation. If you have lost someone you love in a fatal pedestrian accident, our law firm also helps grieving family members in their time of loss by handling all aspects of their wrongful death claims. Let our legal team advocate for you, protect you from difficult insurance companies, and demand justice on your behalf. Call us now for a free case evaluation.
Image Source: By "Free-Photos" via Pixabay
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