Oakley Pedestrian Accident Lawyer

pedestrians

Oakley retains its small-town charm with the bonus of being close to both San Francisco and Sacramento. That also makes it a great getaway spot for vacationers. However, with more pedestrians and vehicles in town, the possibility of a pedestrian accident increases. When this happens, it is wise for the injured party to obtain an experienced pedestrian accident lawyer's insight. 

AutoAccident.com - Oakley Pedestrian Accident Attorney

Our firm has been helping pedestrians since 1982 obtain the compensation they deserve when they are injured in an accident. In a split second, the walker's life may be turned upside down as they suffer physical and monetary damages. Every member of our staff and our legal team understands the traumatic effects a pedestrian crash has, and we work together to make it easier for our clients as they proceed through this difficult time. Fighting for our client's rights is what we do best, and we use our legal acumen and investigative diligence to successfully resolve your case. Call us at (925) 428-5220, or reach out to us online. 

Increased Incidence of Pedestrian Accidents

Despite the roughly 30 percent decrease in traffic accidents in 2020 evidenced nationwide, the rate of fatalities has increased by 8 percent. This is primarily due to the high pedestrian deaths, which rose to 6,721 in 2020 from 6,412 in 2019. The disparity here is that with fewer vehicles on the road, pedestrian accidents still increased. 

Speed Is to Blame

First responders provided an answer to this dilemma, saying speed is the culprit. Not only is speeding being blamed, but the prevalence of larger vehicles such as SUVs traveling at a higher speed is responsible for catastrophic pedestrian collisions and deaths. This is true in Oakley and the surrounding areas as well as across the country.

Compensation in a Pedestrian Accident

When a pedestrian is injured by a negligent motorist or another party such as a city agency in charge of maintenance of crosswalks, the following damages can be collected:

  • Medical costs: All medical expenses pertinent to the accident are reclaimable. These include the emergency room, diagnostic tests, hospital stays, surgery, all radiographic studies such as MRIs or CT scans, surgery and physician services.
  • Rehabilitative and ongoing care: This category includes physical therapy in rehabilitation facilities as well as room costs, outpatient physical therapy and assistive devices such as wheelchairs, walkers and others.
  • Mental health services: The traumatic effects of a pedestrian accident can lead to mental health issues such as anxiety and post-traumatic stress disorder. The cost of a counselor or psychologist would be covered.
  • Home modifications: This category reflects the cost of home construction that enables a disabled person to reenter their home after an accident. It includes ramps, hand bars, and other accommodations to make the home livable for a disabled person, along with walk-in showers and stairlifts. 
  • Lost wages: This can occur when the injured party cannot actively work for a specific interval or permanently due to injuries. Your pedestrian accident lawyer in Oakley can calculate the amount using employment wage records. If you work as a freelancer or are self-employed, your tax records or client verification of monetary earnings are used.
  • Lost benefits:  Employment benefits are figured into the total financial loss due to lost employment.
  • Reduced earning potential: This is a calculated value and reflects the amount of income the individual would have made if it were not for their injury.
  • Pain and suffering: This is a subjective finding that differs for each case. It includes the pain and the anxiety, sorrow, and loss of society a person must endure after an accident.
Punitive Damages

In California, an injured party may include punitive damages when they file against a negligent party. These damages are different from compensatory damages, such as those covering medical care and lost wages. They do not compensate anyone. Instead, they are used to punish the negligent party. 

It is hoped the addition of punitive damages will prevent the person from repeating an egregious act and signal a warning to others at the same time. The lawsuit does not specify a particular amount but may ask the court/jury for punitive damages. 

Causes of a Pedestrian Accident

Some reasons for a pedestrian accident are:

  • Distracted driving: A driver who does not focus on the road might miss seeing a pedestrian.
  • Drunk driving: An inebriated driver is often unaware of their surroundings and does not look for pedestrians crossing the roadway. 
  • Speeding: The speeding driver is less likely to control their vehicle and stop in time to avoid accidents. In addition, the severity of a pedestrian accident is affected by the speed of impact. For instance, a driver traveling at 25 mph is less likely to cause fatal injuries, while driving at 40 mph will. 
  • Not yielding to a pedestrian: A driver is required to yield to a pedestrian in and out of a crosswalk. However, all too commonly, this does not happen. 
  • Not obeying traffic signals: Drivers are obliged to follow traffic signals. This includes those around crosswalks.
  • Lack of maintenance and design: Each city and county has a governmental office in charge of road maintenance. This includes taking care of crosswalks and ensuring that pedestrians have enough time to cross and that the area is clean and well-lit. Likewise, the design of a crosswalk and signage must be adhered to. In both cases, the governmental agency can be sued if this is not done. However, the process differs from that of other personal injury lawsuits. The time to file is shorter, and missing the deadline can mean the court will not hear the case. Your pedestrian accident injury lawyer will ensure that all documents are appropriately filed. 
Watch the following video to learn more about pedestrian safety.

Oakley Pedestrian Accident Lawyer

I'm Ed Smith, an Oakley pedestrian accident lawyer. Reach out to us if you are injured by a negligent party while on foot. We will review your case, provide you with the options you have moving forward, and answer your questions. The review is free, as is the work we do during the resolution of your case. You are not charged unless you win.

Call our injury lawyers at (925) 428-5220 to schedule a time when we can meet either virtually or in our office. You can also contact us online if that is easier for you. 

We've been helping people in the Oakley area and others in Northern California, including Sacramento, since 1982. We can help you obtain the compensation you deserve as well.

We are a member of the following respected organizations:

Learn more about our firm by using the links below:

Photo by Yin Wong on Unsplash;

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