Rocklin Pedestrian Accident Lawyer
When a motor vehicle hits a pedestrian, the consequences can be deadly. In recent news, a pedestrian was hit and killed by a car driven by an off-duty Rocklin police officer. The officer had reportedly just completed a shift and was traveling east of Granite Drive on Rocklin Road. The injured pedestrian died as a result of extensive bodily injuries.
Unfortunately, severe accidents between pedestrians and motorists are pretty common. According to the National Highway Traffic Safety Administration, about 75,000 pedestrian accidents lead 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 every two hours, a pedestrian dies from their injuries. It also means that a pedestrian accident occurs about every 7 minutes.
If you have been injured in a pedestrian accident in Rocklin, call our experienced injury attorneys at (916) 921-6400 or (800) 404-5400 for a free case evaluation.Types of Bodily Injuries When Hit by a Motorist
In accidents involving pedestrians, the pedestrian usually 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 essential steps you can take immediately after the collision to protect your legal rights and enhance the viability of your injury claim, including:
- Call 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.
- Record any correspondence and communications from the other driver's insurance company.
- Contact an 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 harm 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 due to your injuries.
- Pain and suffering include the emotional trauma of being hurt in an accident.
You must prove that the driver was negligent in obtaining financial compensation through a personal injury claim. 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 liable for his negligence. Failing to adhere to accepted rules of the road and duties of care forms 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.
- 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 non-economic 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 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 containing 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, and it helps make your case stronger.
- Witnesses: The testimony of other people would be pretty valuable because they saw the accident from their own point of view.
- The other party's statement: 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 must be filed in Placer County Superior Court within two years of the accident date. 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 essential tips on pedestrian safety.Rocklin Pedestrian Accident FAQ
What if I was partially at fault for my pedestrian accident?
You can still recover damages under California's pure comparative fault law even when you were partially at fault for the accident. In pure comparative negligence, you could recover any damages reduced by your own percentage of fault. For instance, if you were 25 percent at fault for causing your injury in the accident, you can receive 75% compensation for your damages.
What are my duties as a pedestrian to avoid accidents?
Just as motorists must watch the road when driving, pedestrians must watch where they are going. Pedestrians should always be aware of their surroundings, look at traffic signals, and watch for cars. If even a bit of danger emerges, pedestrians should not cross the street. If you are aware of the risk and cross the road, you can be partially at fault for the accident.
Call Our Pedestrian Accident Attorneys in Rocklin, CA
If you or a family member has been hurt in a pedestrian accident due to another person's negligence, please call our Rocklin pedestrian accident lawyers today for free and friendly advice at (916) 921-6400 or (800) 404-5400 and online at AutoAccident.com.
We have been serving the Rocklin and Greater California community since 1982, helping injured people and their families recover.
Editor's Note: updated [cha 7.25.23] Photos by Depositphotos sd [cs 1164]