Rio Linda Pedestrian Accident Lawyer
In the United States, pedestrian accidents are a very common occurrence. According to the Centers for Disease Control, a motor vehicle somewhere in the country hits a pedestrian once every two hours. California has, on average, a large number of pedestrian injuries annually compared to its sister states. Even in the Rio Linda area, pedestrian accidents occur regularly. In general, the people most likely to be involved in pedestrian accidents are children and the elderly. Persons 65 or older were the most commonly killed age group in 2015, accounting for 20 percent of all pedestrian fatalities.
The high rate of pedestrian injuries is alarming mainly due to the danger inherent in pedestrian collisions. Unlike the drivers of motor vehicles who are protected by sheet metal, modern airbags, and a soft cloth or leather interiors, pedestrians have no protection when they are hit by a car, truck, or SUV.
If you or a loved one has been injured in a pedestrian accident, the first thing that you should do is seek medical attention. After receiving proper medical care, you should consider contacting a Rio Linda pedestrian accident lawyer to discuss whether it makes sense to take legal action against the driver who hit you.Rio Linda Pedestrian Accident Cases
Unfortunately, injuries to pedestrians when they are hit by an automobile are often very serious. Common injuries include lacerations, broken bones, torn ligaments, strained muscles, partial or full paralysis, or brain trauma. As you can tell, pedestrian injuries tend to be severe and may require months or years of extensive medical treatment and rehabilitation to fully recover.Compensatory Damages from a Pedestrian Accident Injury Claim
An injured pedestrian can file a personal injury claim to recover financial compensation for the harms and losses you endured as a proximate result of the accident. These harms and losses include your medical bills (e.g., cost of surgery, ER care, ambulance transport, prescription drugs, etc.) and lost wages while you were hospitalized or recovering at home. If the accident caused you to become temporarily or permanently disabled, you could also seek future earnings you have received had it not been for the accident. You can also pursue financial restitution for your pain and suffering. This generally includes the mental and emotional damage caused by the collision.
In limited circumstances, there may be a basis for pursuing punitive damages. However, these damages are only available when there is overwhelming evidence that the accident was caused by the recklessness and wanton conduct of the defendant that was truly shocking. For example, if you were hit by a driver who was heavily intoxicated and sped through a stop sign, there may be a basis to pursue punitive damages, on top of the economic and non-economic damages described above.
Watch the YouTube video below to learn more about the factors that can affect the value of an injury claim.Jury Trial Versus Settlement
As the client, you have the ultimate authority on whether to accept a settlement offer or to take your case to court. A personal injury attorney can negotiate on your behalf and can offer guidance, but you are vested with the power to accept or decline a settlement offer.Getting Financial Recovery Even if You're Partially at Fault
Under California law, you can seek financial compensation for an accident, even if you were partially at fault for causing the accident. California embraced comparative negligence in the 1970s when the state supreme court adopted a “pure” comparative negligence standard in the litigation of tort cases. Pure comparative negligence basically means that even if you were mostly at fault for causing the accident, you are not precluded from pursuing compensatory damages via a personal injury claim. However, any monetary award will be reduced by the percentage of fault assessed to you by a judge or jury. For example, if you have $100,000 in damages, but a jury determines you were 50 percent at fault for the accident, your award would be limited to $50,000.Rio Linda Pedestrian Accident Lawyer
I’m Ed Smith, a Rio Linda Pedestrian Accident Lawyer. If you or someone you love has been injured in a pedestrian accident, we can help. Call our injury lawyers today at 916.921.6400 or 800.404.5400 for free, friendly legal advice. You can also reach us online at AutoAccident.com.
Editor’s Note: This page has been updated for accuracy and relevancy [cha 12.28.20]
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