Rocklin Pedestrian Accident Lawyer
When a vehicle collides with a pedestrian, the consequences can be deadly. For example, a pedestrian was hit and killed by a vehicle driven by a Rocklin police officer who was off-duty at the time. The officer had reportedly just completed a shift and was operating his personal vehicle while traveling on Rocklin Road east of Granite Drive. The injured pedestrian died as a result of her extensive bodily injuries.
Unfortunately, serious accidents between pedestrians and motorists are quite common. According to the National Highway Traffic Safety Administration, about 75,000 pedestrian accidents are leading to differing levels of bodily injury each year. In addition, about 4,000 of these accidents ultimately result in the death of the injured pedestrian. This means that for every two hours, a pedestrian dies from his or her injuries. It also means that a pedestrian accident occurs about every 7 minutes.Types of Bodily Injuries Suffered by Pedestrians When Hit by a Motorist
In accidents involving pedestrians, it is usually the pedestrian that absorbs the full force and damage from the collision. This is why pedestrian injuries are often quite severe and potentially catastrophic. Some common injuries pedestrians suffer when hit by a vehicle include:
- Broken bones
- Spinal cord injuries leading to paralysis
- Brain injuries like hemorrhaging, concussions, swelling, and blood clots
- Internal bleeding
- Amputation of limbs
There are some important steps you can take immediately after the collision to protect your legal rights and enhance the viability of your injury claim, including:
- Contact the police and make sure an accident report is filed.
- Get the contact information of the driver and any eyewitnesses.
- Get medical treatment right away.
- Keep a record of any correspondence and communications received from the other driver's insurance company.
- Contact a Rocklin pedestrian accident attorney to schedule a free consultation.
If you or a family member gets injured in a pedestrian accident, you may be entitled to financial compensation for your harms and losses, including:
- Medical bills for your immediate emergency treatment and any ongoing or future treatment.
- Lost income in a situation where you had to miss work as a result of your injuries.
- Pain and suffering, which includes the emotional trauma associated with being hurt in an accident.
To obtain financial compensation through a personal injury claim, you need to prove that the driver was negligent. Basically, negligence occurs when a person fails to act in a way that a reasonable person would have acted in similar circumstances. For instance, if a reasonable person would have stopped at a stop sign in Rocklin, but the defendant did not and hit you, the defendant would likely be held liable for his negligence. Failing to adhere to accepted rules of the road and duties of care form the basis of holding someone accountable for their negligent actions. When it comes to pedestrian accidents, there are different ways negligence can be established, including submitting evidence of the following:
- The driver was speeding.
- The driver disobeyed or ignored traffic signs.
- Driving under the influence of alcohol or drugs.
- If the driver was distracted such as texting and driving.
- The driver failed to yield at a crosswalk or intersection.
This evidence needs to be compelling enough for a judge or jury to determine, by a preponderance of the evidence, that the driver breached a duty of care, and that breach was the reason for your bodily injuries.Sources of Evidence for Proving Your Pedestrian Accident
To establish negligence in pedestrian accidents, your personal injury lawyer needs to craft a compelling case showing economic and noneconomic damages caused by the careless or reckless actions of the motorist. Ways to illustrate your harms and losses include introducing the following pieces of evidence in court, or to the claims adjuster during settlement negotiations:
- Medical Records: You should make sure you keep all medical records from the treatments you received after the accident. This helps to establish a direct link between the accident and your injuries.
- Medical Bills: These would help to back up your medical records and would be used to determine the amount of compensation you receive.
- Police Report: This is a critical document. It contains the officer’s impression of who caused the accident. Also, it states any tickets that were doled out, if any. The fact that tickets were given to the driver can help to establish his fault.
- Pictures: You should try to document everything with photos. It helps make your case stronger.
- Witnesses: The testimony of other people would be quite useful because they saw the accident from their own point of view.
- The statement of the other party: If the other party admits fault after the accident, this is convincing evidence of their own guilt. Make sure you document statements of fault after the accident.
A pedestrian accident lawsuit needs to be filed in Placer County Superior Court within two years of the date of the accident. This two-year time limit is known as the statute of limitations and is extremely important to adhere to when pursuing damages through a personal injury claim. If you fail to file suit within two years, a judge could simply dismiss your case for being untimely filed.
The video below provides some basic tips on pedestrian safety.Rocklin Pedestrian Accident Lawyer
I’m Ed Smith, a pedestrian accident attorney in Rocklin. If you or someone close to you has been hurt as a result of another person’s negligence, please call me today for free and friendly advice. I can be reached by phone at 916.921.6400 or 800.404.5400 and online at AutoAccident.com.
I have been serving the Rocklin and Greater California community since 1982, helping injured people and their families recover.
I have been recognized by the Million Dollar Advocates Forum as a California member. This national association is reserved for injury lawyers who have achieved case verdicts and settlements in excess of one million dollars.
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Photos by depositphotos
Editor's Note: This page has been updated for accuracy and relevancy. [cha 11.7.18]