Manteca Pedestrian Accident Lawyer (209) 227-1931
When a pedestrian is hit by a motorist, the consequences can be devastating and can put the life of the pedestrian in jeopardy. An example is found in the tragic collision that occurred on Airport Way in Manteca where a 54-year-old man was hit and killed by a motorist. If that was not bad enough, the motorist decided to flee the scene hoping to evade responsibility for the collision. The force of the impact threw the man from the roadway, fatally injuring him. As you can see, when a vehicle collides with a pedestrian, the harm to that person’s body is usually extensive and may result in death.
Manteca Pedestrian Accidents
Unfortunately, many pedestrian accidents occur in and around Manteca. Pedestrians can usually be seen walking around Manteca since the city features pleasantly warm temperatures. This means many people will go out and walk around to access fine dining, shopping, and outdoor activities.
The high volume of pedestrians and vehicles in the city means that there is a higher percentage chance of a serious collision occurring; in many instances it is the motorist’s fault. Many drivers get distracted while texting or talking on their cell phones. They may also be traveling at a speed in excess of the posted limit. Distracted or reckless drivers might fail to stop at a stop sign or yield at a crosswalk. When these careless actions occur, pedestrians suffer.
Debilitating Injuries Common for Pedestrians Hit by a Vehicle
When a pedestrian is hit by a motorist, they absorb the full force of the collision. They have no protection like an airbag or steel crumple zones. This means their injuries are usually quite severe. Some common injuries suffered in these types of collisions include:
If you or a loved one suffered a serious injury in a collision with a vehicle, you may be able to pursue financial compensation for your harms and losses. These damages include your medical expenses, lost income, mental anguish, emotional distress, and so forth.
Amount of Available Auto Insurance Will Influence What You Can Recover
When a collision occurs and someone is seriously injured, it does not mean that the injured party will collect a multimillion-dollar settlement or jury verdict. The reality is that the amount an injured claimant can reasonably expect to recover depends largely on the amount of available insurance coverage, both under the at-fault driver’s policy and your own policy.
If you have health insurance, use it to help cover your medical bills. You can still pursue reimbursement for your medical expenses, even if insurance covered a portion. You can also seek a recovery of your out-of-pocket expenses like a large deductible and/or co-insurance payment.
At Fault Driver’s Auto Insurance Policy
In regards to the at-fault driver’s insurance policy, California requires motorists to carry a minimum policy of $15,000 per person and $30,000 per accident. That may sound like a lot of money, but if you have medical bills in excess of $50,000 or higher, that amount of coverage is paltry and will not adequately cover your economic and non-economic damages. If you find yourself in this situation, you could potentially access the underinsured motorist coverage through your own auto insurance policy. It does not matter that you were not in your vehicle when the accident occurred. Your own policy still applies, even if you were injured as a pedestrian.
What To Do If You Contributed to the Collision
If you were partly responsible for causing the accident, you can still pursue compensation through a personal injury claim. This is because California adheres to comparative negligence when determining the award of financial compensation in a personal injury lawsuit. Comparative fault means the percentage of fault on both sides is considered and an award of monetary damages will be reduced by the percentage of fault a judge or jury deems appropriate, given the facts surrounding the collision. So, for example, if you are found to be 34 percent at fault for the collision, any award of damages you could receive will be reduced by 34 percent.
Length of Time to Resolve Your Pedestrian Accident Injury Claim
A common question asked by clients is the amount of time it will take to get their personal injury claim resolved and a settlement or verdict paid out. In all honesty, it depends on the facts of your case. Every case is unique. Your lawyer can offer a ballpark estimate for the amount of time it will take to get the case resolved, but that is subject to change depending on the circumstances. A big factor influencing the amount of time that is needed to resolve the claim is the extent of your injuries. If you are still recovering from your injuries and undergoing medical treatment, an attorney will usually wait until you are done with treatment to file a personal injury claim. This may be necessary to ensure all of your medical expenses and other harms are included in a demand letter and claim submitted to the insurance company. When you reach maximum medical improvement, that is the moment your attorney will want to get the claim process started.
Insurance Adjusters are Notorious for Offering Low Ball Settlement Offers
Your attorney will negotiate with an adjuster that is assigned to your claim. Most insurance companies make low-ball settlement offers at the very beginning and steadily increase their offers when or if a lawsuit is filed. As the client, you have the authority to accept or reject any settlement offer. Your lawyer will simply advise you on whether the offer is reasonable and what you can expect to recover from the settlement proceeds. If you are unhappy with the settlement offer, you can turn it down and your Manteca pedestrian accident lawyer can move forward with filing a lawsuit in a Manteca court.Experienced Manteca Pedestrian Accident Lawyer
I’m Ed Smith, a Manteca Pedestrian Accident Lawyer. I have been helping injured people in the Manteca and Northern California community in their time of need for over thirty years. If you or someone you love has been hurt in an accident because of the negligence of another party, please call me today at (209) 227-1931 for free and friendly advice with no obligation. I can also be reached online at www.AutoAccident.com.
I am honored to be a member of the Million Dollar Forum. The group is reserved for injury lawyers who have obtained case verdicts and settlements in excess of a million dollars.
You can find some of my past Verdicts and Settlements here.
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