Pleasanton Pedestrian Accident Lawyer

pedestrians

California is one of the most dangerous states overall for pedestrians, and the city of Pleasanton is no exception. Every driver has a duty of care to operate their motor vehicle safely. This means that motorists are expected to act in a way that does not endanger the lives of others on the road, including pedestrians. When a pedestrian accident occurs, an injured party may seek reimbursement for economic and non-economic damages through a bodily injury claim.

If you were hit by a car while walking, you may be entitled to reimbursement for medical bills, lost earnings, and other damages. A Pleasanton pedestrian accident lawyer from our law firm can help you seek maximum compensation. Call for free, friendly case advice at (925) 428-5220 or (800) 404-5400.

Any type of incident may result in significant harm. However, when a pedestrian is struck by a car, it may lead to serious injuries or even death. If you were hit by a vehicle while walking, you can get assistance from a skilled pedestrian accident lawyer in Pleasanton, California. Our legal team at AutoAccident.com has decades of collective experience handling these matters. Learn more about how we can help by scheduling a free consultation today.

National Statistics on Vehicle vs. Pedestrian Accidents

Statistics by the Centers for Disease Control and Prevention show that more than 7,000 pedestrians lost their lives in crashes involving motor vehicles in 2020 alone. That accounts for approximately one fatality every 75 minutes.

CDC data that same year also revealed that around 104,000 emergency room visits consisted of pedestrians who received treatment for injuries. Major risk factors included location, speeding, and alcohol. Most fatalities from car vs. pedestrian accidents occurred at night and on roads in urban areas outside an intersection.

Statewide Statistics on Motor Vehicle Collisions Involving Pedestrians

Data in 2018 by the California Office of Traffic Safety revealed that more than 14,000 pedestrians suffered accident-related injuries. That same year, approximately 893 fatalities occurred in pedestrian accidents. This accounted for an overall increase of 26 percent from 2014. Between 2009 and 2018, the California OTS reported that around 7,500 pedestrians lost their lives.

What Types of Losses are Recoverable in Pedestrian Accident Cases?

Economic and non-economic damages are recoverable in personal injury cases arising from car vs. pedestrian accidents. These include:

  • Lost wages
  • Medical bills
  • Pain and suffering
  • Diminished quality of life
  • Scarring and disfigurement
Does Insurance Cover Hit-and-Run Pedestrian Accidents?

When a pedestrian is injured or killed because of a hit-and-run accident, the injured party or family of the deceased may have recourse through their auto insurance plan. This is a possible option for financial recovery if they have uninsured motorist coverage. This type of protection is helpful because it may extend coverage to other members of a household.

What are the Common Reasons for Insurers Disputing Pedestrian Accident Claims?

A claim must be filed with the insurance company representing the at-fault party to seek compensation for a pedestrian accident. However, if the insurer disputes or denies a claim, an injured party may be unsure of how to proceed in their situation. Some of the common reasons why insurance carriers deny bodily injury claims for pedestrian crashes include:

  • The negligent driver has pinpointed fault on the pedestrian, and the insurance company may claim that there is insufficient evidence demonstrating that their insured is responsible for the incident.
  • The auto insurance policy may have lapsed due to the at-fault party failing to pay their premiums, and there is no active liability coverage at the time of the car vs. pedestrian accident.
  • The traffic incident report for the pedestrian accident may be inconclusive or in error regarding liability. The insurance company may dispute or deny the claim based on the officer’s determination of fault in that official document.

Remember that the insurance company is not always on your side when it comes to getting reimbursed for damages. Getting a denial from the insurance carrier may be stressful and challenging. This is where a top-rated Pleasanton pedestrian accident lawyer can make all the difference in the outcome of your case. You can hire an injury attorney to take the pressure off you so you can focus on healing.

What is the Statute of Limitations for a Pedestrian Injury Case in California?

The statute of limitations is the amount of time allowed for a claimant to file a lawsuit in court. For personal injury cases, the California Code of Civil Procedure Section 335.1 generally allows injured parties two years to file suit. This means that the deadline is two years from the date of the incident. The same statute of limitations also applies to wrongful death matters. However, if a public agency is named a defendant, the statute is decreased to six months, per California Government Code Section 911.2.

If the deadline is missed, an injured party or family of a decedent may risk having the court dismiss the case. Legal action may be the last option for holding an at-fault party accountable for resulting losses. Therefore, do not risk it and immediately work with an experienced pedestrian injury lawyer from Pleasanton, CA. The sooner legal counsel is retained, the sooner they can get to work by collecting and preserving evidence that is key to proving a car vs. pedestrian crash case. Learn how our accident attorneys can help by watching this video.

What Types of Evidence are Useful in a Pedestrian Accident Case?

An experienced pedestrian accident lawyer from Pleasanton can help you seek maximum compensation from the at-fault party through an insurance settlement or jury verdict. An attorney will assess past and future financial losses that have resulted from the incident. From there, your injury lawyer will evaluate the severity of the psychological effects of accident-related injuries and their impact on your life. Each damage will be proven with clear and compelling evidence.

One item that may be used as evidence in a pedestrian injury case is the police report. This document provides the details of the incident and an officer’s determination of fault based on suspected traffic law violations. Medical records are also helpful in these cases as they connect the incident to reported injuries. It also may state the treatments the injured pedestrian has received and a physician’s recommendations for future medical needs.

Other evidence that may be utilized in a pedestrian injury claim includes expert witness testimony. A statement by an accident reconstruction expert is useful as it provides the sequence of events leading up to the incident and how claimed injuries occurred. Video surveillance footage of the crash may also show the severity of the incident. Photos of injuries from the collision throughout the healing process are also useful for visual evidence.

Contact a Pedestrian Accident Attorney in Pleasanton, CA

At AutoAccident.com, our legal team has decades of combined experience with pedestrian accident cases, achieving successful verdicts and settlements for our clients. Our results demonstrate our dedication to helping clients obtain justice and maximum compensation. Call now for free, friendly case advice from our Pleasanton pedestrian injury lawyers at (925) 428-5220 or (800) 404-5400.

Image Credit: Sora Shimazaki via Pexels

:ds llo [cs 1262]

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!" 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.