If you’ve been involved in a pedestrian accident in California then you’re likely not sure what to expect. Should you contact an attorney or should you accept the settlement offered by the driver’s insurance company? What injuries are you eligible to recover damages for? These are just a few of the questions we’ve answered in our FAQ about pedestrian accidents. If you’re left with questions after reading it, or you’re simply ready for a free legal consultation with a personal injury attorney, contact Law Offices of Fernando D. Vargas at 909-982-0707.
How common are pedestrian accidents?
The County of San Diego Health and Human Services Agency compiles statistics on pedestrian accidents. Their most recent stats, which are for 2010, show that there were 55 pedestrian fatalities just in San Diego. Of those accidents and eight were 19 years old or younger, three were children between one and four years old. Keep in mind that this is just one Southern California County. You can imagine how significant the numbers are throughout the state and country.
Where do most pedestrian accidents happen?
Most pedestrian accidents that result in injuries or fatalities happen in crosswalks at intersections. The second most likely place for a person to be hit while walking is while crossing the road when there isn’t a crosswalk.
Do I need to hire an attorney?
You are not required to by law, no. However, at Law Offices of Fernando D. Vargas we want to stress that contacting an attorney can significantly increase the chances that you’ll be fairly compensated for the damages caused by your accident. Insurance companies in cases with significant injuries or fatalities will often offer an immediate settlement. This is generally an attempt to low ball you so that you take much less than you deserve.
What kind of damages can I recover?
There are several types of damages you can recover after a pedestrian accident. The purpose of these damages is to help the person injured and their family to recover their financial losses. In this type of accident, those damages could include medical expenses, lost wages, cost of future medical care, loss of future earning capacity, and others. Noneconomic damages can include pain and suffering and emotional distress.
What if the accident was partially my fault?
This doesn’t necessarily mean that you are not entitled for compensation. In California, we are what’s known as a pure comparative fault state. This means that if you were injured, you can recover damages based on how at fault you were. For example, if the courts decide that a case is worth $100,000, but the pedestrian is found to be 40% at fault, the compensation would be reduced by 40% for a total compensation of $60,000.
If you’re ready to find out more about your legal options then we urge you to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
