California is one of the busiest states in the country. Pedestrians are a common sight in virtually every city in the Golden State. Unfortunately, pedestrians in urban areas face a risk of suffering severe injuries due to negligent drivers. When pedestrians suffer damages due to the negligence of others, a pedestrian accident personal injury claim is the best method for them to recover their losses and receive compensation for their injuries.
At the Law Offices of Black & DePaoli, PC, we understand that pedestrian accidents can result in traumatic, painful injuries that often require long recovery times. These accidents can leave victims unable to work for extended periods and even result in permanent disabilities. If you need representation for a pedestrian accident personal injury claim, the Law Offices of Black & DePaoli, PC are experienced motor vehicle collision attorneys in Folsom, California.
WHY CHOOSE THE LAW OFFICES OF BLACK & DEPAOLI, PC?
If you or a loved one suffered injuries and economic losses due to the actions of a negligent driver in the Folsom, California area, the legal team at the Law Offices of Black & DePaoli, PC can help. Our goal is to guide you to a favorable result with your claim. With extensive experience in the fields of insurance, criminal justice, and personal injury law, we can analyze your case and determine the damages you could claim to help you maximize your recovery.
We work closely with every client we represent to provide fully individualized legal counsel. We believe in tailoring our approach on a case-by-case basis, so you can rest assured that our team will get to know you and every facet of your accident to provide the most comprehensive personal injury representation possible.
POTENTIAL DAMAGES IN A PEDESTRIAN ACCIDENT PERSONAL INJURY CLAIM
In most accidents involving motor vehicles and pedestrians, pedestrians are the ones who suffer serious injuries. Personal injury claims allow injured individuals to recover their losses and obtain compensation for the economic burdens their injuries inflict on them. When a driver injures a pedestrian due to negligence, the pedestrian can claim various types of damages depending on the outcome of the negligent party’s behavior:
- When a pedestrian suffers severe physical injuries, the pedestrian can claim compensation for their hospital bills, ambulance fees, and all other costs associated with necessary immediate medical care. If the pedestrian’s injuries require long-term care, the defendant in the case is responsible for these costs as well, including physical therapy, occupational therapy, and any other rehabilitation the plaintiff requires to reach maximum medical improvement.
- If the accident damaged or destroyed any of the plaintiff’s personal property, such as a smartphone, expensive watch, or other personal belongings, the plaintiff could claim property damages to pay for the cost of repairing or replacing these items. For instance, if someone trips on uneven payment and damages a handheld device, the property owner could be responsible for both the victim’s injuries and the damaged device.
- The plaintiff in a personal injury case can claim compensation for physical pain, emotional distress, and psychological trauma resulting from a pedestrian accident. The judge hearing the case will determine an appropriate amount of pain and suffering compensation based on the plaintiff’s claimed measurable damages or the length of time the plaintiff spent suffering from their injuries.
- Pedestrians who suffer injuries from negligent drivers may sustain injuries that are severe enough to leave them unable to work for the foreseeable future. They can claim lost income as damages in their claims to pay back what they missed from work. Additionally, if a plaintiff developed a permanent disability that prevents them from returning to work at all, the plaintiff can claim lost future income that they would have reasonably expected to earn had the injury not occurred.
The plaintiff and the plaintiff’s attorney will work closely together to determine the full extent of the damages the plaintiff experienced from the accident and gather the evidence necessary to prove those damages in court.
PROVING NEGLIGENCE IN A CALIFORNIA PERSONAL INJURY CASE
Personal injury law revolves around the idea of negligence. More than simple neglectfulness, negligence describes a situation when someone should have used reasonable care but didn’t, causing damage or someone’s injury. In pedestrian accident cases, plaintiffs must identify the defendants responsible for their claimed damages and then provide evidence that shows the full extent of those damages. They must also prove that those damages would not have occurred if not for the defendant’s negligence.
To establish negligence in a personal injury lawsuit, the plaintiff’s attorney must first establish the duty of care that the defendant should have met in the given situation. For example, if a vehicle failed to yield, the driver is likely responsible for the victim’s injuries. Next, the plaintiff’s attorney must prove how the defendant breached this duty of care and demonstrate how the plaintiff’s damages would not have occurred if not for this breach. Essentially, the plaintiff’s attorney must prove the plaintiff’s claimed damages are the direct results of the defendant’s negligence and not some other cause.
PURE COMPARATIVE NEGLIGENCE IN PEDESTRIAN ACCIDENT CLAIMS
Another important aspect of California personal injury law that plaintiffs must understand is California’s pure comparative negligence statute. Under this statute, plaintiffs could be awarded damages in a personal injury claim even if they bear some measure of fault for causing said damages. However, the pure comparative negligence statute of California places no restrictions on plaintiff recovery based on fault. Most states will bar plaintiff recovery if the plaintiff is 50% or more at fault for causing claimed damages, but California has no such restriction. A plaintiff can still potentially recover damages even if they are 99% at fault for causing the incident in question.
Many people assume that when a pedestrian accident occurs, the driver is automatically at fault. In most cases, a driver will be fully liable for all injuries they inflict on a pedestrian. All drivers have a legal duty always to yield the right-of-way to pedestrians and to follow traffic signals in busy urban areas where many pedestrians are present near the roads. However, if a pedestrian violates posted traffic signals or otherwise acts negligently in such a way that an accident occurs, the pedestrian may face liability for the accident under California’s pure comparative negligence statute.
The pure comparative negligence statute in California requires a plaintiff found partially at fault for claimed damages to lose a percentage of the case award equal to their fault percentage for causing said damages. For example, in a $50,000 claim in which the plaintiff is 10% at fault, the plaintiff will lose 10% of the case award to reflect their fault percentage.
COMMON INJURIES IN CALIFORNIA PEDESTRIAN ACCIDENT CASES
When a motor vehicle strikes a pedestrian at almost any speed, there is a high chance the pedestrian will suffer serious injuries. The pedestrian may not only suffer serious harm from the initial contact with the car, but also from hitting the ground afterward. Pedestrian accidents commonly cause several types of injuries:
- Bone fractures.
- Soft tissue injuries to the tendons, muscles, and ligaments.
- Spinal cord injuries, some of which may cause permanent disabilities.
- Traumatic injuries, which may also cause permanent damage.
- Internal organ damage.
Depending on the speed of the vehicle and how a specific accident occurred, a pedestrian could face not only painful, damaging injuries but also astronomical medical bills, lost income from time spent out of work during recovery, and long-term disability. A pedestrian accident personal injury lawsuit is the best way to secure compensation for the aftermath of this kind of incident.
SECURE LEGAL REPRESENTATION AS SOON AS POSSIBLE
The economic impact of a pedestrian accident can continue to pile up well after the incident. Medical bills combined with lost income from the time the victim must spend out of work can compound tremendously. It’s vital to secure legal representation as soon as possible from a crosswalk collision attorney in Folsom, California. Contact the Law Offices of Black & DePaoli, PC today to schedule a consultation with a personal injury attorney and start working toward your recovery.