Stockton Pedestrian Accident Lawyer
Stockton residents are hit and severely injured while walking, jogging, standing near the road, and crossing intersections every day. A pedestrian is susceptible to suffering a catastrophic injury or even death due to their lack of physical protection against a motor vehicle in a traffic collision. Drivers are required by California law to watch for people on the road and exercise due care to avoid crashing into them. Unfortunately, some motorists fail to look out for people walking on the road and cause serious crashes.
If you were hurt while on foot in the Stockton area, our personal injury attorneys could help you recover compensation for your injuries and damages incurred. Call today at (209) 227-1931 or (800) 404-5400 for free, friendly advice from one of our lawyers regarding your pedestrian accident case.
The attorneys at our personal injury law firm believe that if drivers fail to operate a vehicle safely and cause harm to pedestrians, they should be held financially accountable for the trauma and losses they cause. Our firm's founder, attorney Ed Smith, has handled pedestrian injury cases since 1982. If you have been injured or lost a loved one in a car vs. pedestrian accident, contact us today to schedule a free consultation.National Statistics on Motor Vehicle Collisions Involving Pedestrians
According to a new report by the Governors Highway Safety Association (GHSA), 6,227 pedestrians were killed in a car-related accident in 2018. That's a 4% increase since 2017 and the highest death rate since 1990.California Laws on Pedestrian Safety
Under California law, a driver must yield the right of way to a pedestrian in a crosswalk or is traversing an intersection in a non-marked walkway. This is by California Vehicle Code 21950(a).
In other words, most motor vehicle accidents involving pedestrians in such locations result from driver error. When a driver is cited for CVC 21950(a), they may be liable for resulting losses. Contact an experienced injury attorney for more details.What are the Main Causes of Most Pedestrian Injuries and Fatalities?
Motor vehicle accidents involving pedestrians may occur for a wide array of reasons. Following is many of the common reasons for pedestrian accidents:
- Distracted Driving: Some drivers may not provide the road their full attention. This may be due to applying makeup, eating, drinking, adjusting the radio, texting, or talking on a cell phone. These activities may affect a driver's ability to react in time if a person is crossing the street in each situation.
- Driving Under the Influence: In the United States, drinking and driving has been an ongoing issue for decades. Despite the dangers of DUI being well-publicized, many motorists still put others on the road in danger when they consume alcohol and drive. When a car versus pedestrian collision involves an intoxicated driver, it often results in serious injury or wrongful death. A personal injury lawyer who is experienced in handling these types of cases will know the best way to proceed in holding at-fault parties liable for resulting losses and punitive damages.
- Hit-and-Run Drivers: Motorists who flee the scene of a pedestrian crash often do so because of lack of bodily injury coverage or drunk driving.
- Parking Lots: Pedestrians and cars share the same area, drivers backing out of parking spots, and parked vehicles obstructing visibility in parking lots. Motorists are expected to exercise due care in parking areas and garages. The best pedestrian accident lawyer in Stockton may hold them financially accountable for damages incurred when they fail to do so.
- Speeding: People are often hit by speeding drivers while crossing a street or alongside a road. When motorists drive above the posted speed limit in pedestrian zones, they do not have enough time to slow down for those in crosswalks or veer off the roadway if they are traveling too fast. Whatever the reason, motorists should be held responsible when they speed and cause car-pedestrian crashes.
An injured pedestrian faces many types of accident-related injuries. A pedestrian's head, legs, and arms are severely impacted in most crashes. Some of the most common types of injuries from getting hit by a car include:
- Bone fractures
- Limb amputation
- Permanent scarring or disfigurement
- Spinal cord injuries
- Traumatic brain injuries
- Wrongful death
An experienced personal injury attorney will determine all potentially negligent parties in your case and sources of recovery. You may be entitled to compensation through a bodily injury claim filed against the insurance company representing the at-fault party. Some of the types of economic and non-economic damages recoverable include:
- Medical expenses
- Costs of future medical treatment
- Lost wages
- Loss of future earnings
- Mental anguish
- Lost enjoyment of life
- Scarring and disfigurement
- Loss of consortium
- Pain and suffering
If the at-fault party has little to no bodily injury liability coverage to pay for damages incurred, an uninsured/underinsured motorist (UM/UIM) claim may be filed under such circumstances. Discuss what it means to file a UM or UIM claim with a top-rated pedestrian accident injury lawyer in Stockton.Do You Need a Personal Injury Lawyer for a Pedestrian Accident?
Bodily injury claims for pedestrian crashes can be challenging. When you hire the best pedestrian accident lawyer in Stockton to represent you and your best interests, your injury attorney will handle all details of your case from start to finish. This generally includes:
- Conducting an independent investigation of the pedestrian collision
- Identifying all negligent parties and sources of personal injury recovery
- Reviewing the traffic incident report for any errors or inconclusive details regarding fault
- Interviewing eyewitnesses
- Hiring private investigators if a hit-and-run driver is involved
- Gathering, preserving, and presenting accident-related evidence
- Negotiating with auto insurance companies
- Retaining expert witnesses to provide testimony
- Filing a personal injury lawsuit
- Taking the case to civil court in San Joaquin County, if necessary
Watch the video below for tips on how to select the best personal injury lawyer for your pedestrian crash case.Stockton Pedestrian Accident FAQ
How much is my pedestrian accident case worth?
After you are seriously injured in a pedestrian accident, you may wonder what your personal injury case is worth. Although the question is essential, the answer is not always straightforward. Many factors have to be considered in an injury case. It is difficult to predict the exact settlement you will receive, especially when non-economic damages are involved, such as loss of enjoyment of life, and pain and suffering. The best way to find out what your accident case is worth is to consult with an experienced personal injury attorney to discuss your legal options. A lawyer will review your case to give you an estimated settlement range. To do that, the lawyer will need to know what type of accident you were in, the severity of your injuries, your potential medical treatments, how the accident has impacted your life, and the amount of available coverage from the at-fault party. The attorney can assist you in receiving the maximum amount of compensation for your injury claim.
What is the statute of limitations on pedestrian injury cases?
Personal injury lawsuits for pedestrian crashes are subject to a strict filing deadline known as the statute of limitations. In California, a claimant has two years from the date of the incident to file a lawsuit in civil court. Refer to the California Code of Civil Procedure Section 335.1. for additional information on the two-year statute of limitations on pedestrian injury claims.
Will I be able to afford a personal injury lawyer?
Most personal injury lawyers work on a contingency fee basis. That means that there are no upfront fees to handle your claim. We only get paid if we successfully win your case. We take a small fee percentage of the settlement we recover for you. The fee will be negotiated beforehand, so there are no surprises. The contingency fee basis allows you to work with the best personal injury lawyer without having to worry about paying substantial legal fees. Watch the video above to learn more about how a contingency fee basis works. If you or a loved one has been injured in an accident and needs the assistance of an experienced personal injury lawyer, call our legal team for free, friendly advice.
Call a Stockton Pedestrian Accident Attorney Today
If you have been injured as a pedestrian, you may have many questions regarding your right to personal injury compensation. Speak with one of the Stockton pedestrian accident injury attorneys at our law firm today to get answers. We handle personal injury cases on a contingency fee basis, meaning you owe no legal fees unless we win your case.
Our legal team has the experience, skills, and resources it takes to handle all types of pedestrian injury cases. Do not hesitate to contact us today to schedule a free case evaluation. Our legal team is available anytime to review the details of your case and discuss how we can help you and your family through this difficult time.
Editor's Note: This page has been updated for accuracy and relevancy. [cha 6.21.22]
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