Pedestrian Accidents in California: Learn the Laws and Your Options
If you were injured in a pedestrian accident, or a loved one was killed in one, then you may have a personal injury case on your hands. The amount of compensation you’re entitled to will vary based on a number of factors, including who was at fault. The most important thing that must be proven is negligence. You can use eyewitness accounts and other evidence to prove who was at fault. Law Offices of Fernando D. Vargas is here to help you through that process.
Never take a settlement from an insurance company without talking to an attorney
Remember that insurance companies are not on your side. They are trying to settle the case for as little as possible. As a result, any settlement they offer for a pedestrian accident should be discussed with an attorney before you move forward. Don’t give them information, don’t give them statements – you don’t need to discuss the accident with them at all. Doing so can jeopardize your options. Talk to an attorney first and let them work with the insurance company.
The most common causes of pedestrian accidents
There are many potential causes of pedestrian accidents and wrongful death cases involving pedestrians. Some of the most common include a driver not yielding to pedestrians or not stopping at a crosswalk. In some cases it’s the fault of the pedestrian. For example, a pedestrian accident can be the result of a person walking in front of a vehicle, not using crosswalks, not obeying traffic signals, or children running out into the street.
In California you can be partially at fault and still recover damages
In many cases, a pedestrian accident isn’t 100% the fault of a single party. In fact, you may be partially at fault but that doesn’t mean you can’t collect damages. The key in California is that your award will be reduced by the percentage of your fault. For example, if you were determined to be 30% at fault and you won an award of $100,000, it would be reduced by 30% – or $30,000.
There are four elements involved in proving who was liable
Much of our job as your pedestrian accident attorneys will be to prove that another party was liable. There are four elements to that. First, is duty of reasonable care, which involves showing that the defendant didn’t exercise reasonable duty of care and that it led to them hitting you. Next is breach of duty, which shows that the defendant neglected to take action that could have prevented the accident.
Next is proximate cause, in which you prove that the accident was caused by actions taken by the defendant. Finally, damages involves your claim that you deserve monetary compensation to recover your expenses, including medical costs, lost wages, and pain and suffering.
If you were injured as a pedestrian then you need to work with an experienced attorney. At Law Offices of Fernando D. Vargas, we have years of experience with these and other personal injury cases. We can start with a free case evaluation when you call us at 909-982-0707. Don’t wait. Find out what your options are today.