Although car accidents are very common on the road, other types of accidents can occur too – pedestrian accidents, for instance, transpire when a vehicle strikes a person who is on foot. This type of accident can happen nearly anywhere, whether on residential streets or on the freeway. Although pedestrians are prohibited from walking on the freeway, sometimes a car will break down and require an individual to exit his vehicle to inspect the problem, leading to him being struck by a negligent driver. In residential areas, cars may not stop at crosswalks or may try to turn on red when an individual is crossing. There are numerous reasons for these accidents, but they all share a common trait: in the event of injury, financial compensation is available through a pedestrian accident lawsuit. Our team of attorneys at Normandie Law Firm in Bakersfield can help you receive restitution if you were struck by a car while walking. Clients often come to us with questions about how best to proceed after an accident like this; some of these questions include:
- I need a Pedestrian accident attorney in Bakersfield. Who should I call?
- Where can I find a Bakersfield attorney with experience in pedestrian accidents?
- What is the best Bakersfield pedestrian crash law firm?
Causes of Pedestrian Accidents
Pedestrian accidents are usually the result of a negligent driver’s actions. He may not have been paying adequate attention to the road and did not notice the pedestrian crossing the street. Most commonly, these accidents occur at crosswalks when the driver does not stop in time, attempts to beat a yellow or red light, or tries to turn on red without yielding and examining his surroundings. Pedestrians are not easy to see compared to other vehicles, so drivers must be constantly aware and alert when they are driving in areas that have high foot traffic, as well as very careful when driving at night – most pedestrians do not wear reflective clothing and will not be readily visible in the dark.
All drivers have a duty to protect those around them, but this duty is not purely reserved for other drivers: it extends to pedestrians as well. Although the pedestrian also has a responsibility to not be in harm’s way or to adequately examine the area to be sure there is no danger, the driver of a vehicle can do more damage, and must thus be even more responsible in his driving.
The National Highway Transportation Safety Administration has spent time providing information to pedestrians and drivers alike to alert them to the dangers of the road, give tips for how to avoid accidents, and make everyone aware of safety measures that are being taken. Our Bakersfield law firm can help you learn more.
Proving Negligence
When filing a pedestrian accident lawsuit, there must be four points of negligence proven or you will likely have your case thrown out. These points are as follows:
The driver owed you a duty of care. This is expected of all drivers on the road, and pedestrians are included in the duty; they must not be placed in harm’s way by a driver’s actions.
The duty of care was breached. A driver can breach his duty of care by driving recklessly or carelessly, not paying attention to the road, or purposely driving in a dangerous manner.
The breach resulted in an accident. By not driving safely, the driver caused an accident and crashed into a pedestrian.
The accident led to actual physical harm. An auto accident of any kind can be enough to cause severe damage to an individual, but when that person is not protected by various safety features of a vehicle, those damages can be even more debilitating.
If you need assistance proving these points of negligence, reach out to a Bakersfield car accident lawyer today.
Injuries from Pedestrian Accidents
Pedestrians, as noted above, are not protected in the same way that passengers and drivers in vehicles are. Drivers have seatbelts, airbags, and cushioned seats to absorb blows and prevent damage, whereas pedestrians are essentially unprotected. Being struck by a two-ton car traveling at as low a speed as 10 mph can cause debilitating damage to a pedestrian. Some injuries that can happen include:
- Broken bones and fractures
- Crushing injuries
- Amputated limbs and digits
- Internal organ damage
- Brain damage and traumatic brain injuries
- Concussion
- Nerve damage
- Post-traumatic stress disorder
- Paralysis
- Coma
- Death
You should not be forced to live without compensation in the wake of an accident. You as the pedestrian can sue with the help of an attorney in Bakersfield.
Steps to Take in Filing a Claim
As stated above, there are four points of negligence that must be proven before filing a claim. After proving this, you would have a better chance at successfully winning a lawsuit. However, there are also other damages you can sue for. For example, if a loved one were struck by a car and killed, you would be able to file a wrongful death lawsuit. A family member of the victim can sue for loss of consortium, lost earnings, grief, funeral expenses, and more.
Immediately after an accident, you should take a few moments to collect yourself and determine if you are severely injured. If you have the ability to move and walk, you may be able to get rushed to the emergency room without waiting for the paramedics. Regardless, your initial action should be to seek medical treatment; some injuries are not as apparent right way, as in the case of internal bleeding, and you may require tests to determine the full extent of your damages.
Next, take down all the necessary information from the involved parties. This means requesting a copy of the police report when it’s available and gathering the insurance information and personal details of the driver who hit you. You should also do your part to compile evidence in the form of photographs and videos. This includes taking pictures of your injuries and the scene of the accident, recording witness testimony, and keeping images of the car that hit you.
Most importantly, you should enlist the services of one of our lawyers with experience in pedestrian accident cases. You may find it extremely difficult to navigate through a personal injury claim yourself; insurance companies are notoriously stubborn and will throw your claim out or deny it without giving ample reason. An experienced attorney can be a great asset.
Do not wait too long to file a claim concerning your pedestrian accident. The statute of limitations for these incidents is 2 years from the date of the injury. A Bakersfield lawyer can make sure your case stays on deadline and that all of the necessary materials are submitted in the correct timeframe.
Pedestrian Injury Compensation from an Accident
No individual should be forced to pay for his own expenses if he were injured in an incident that he had no part in. Many pedestrians are minding their own business, walking across the street or heading to their parked cars, only to be struck by a negligent driver. The responsible party should be held accountable, and your expenses should be covered. Our attorneys can help you earn:
- Coverage of medical expenses, including surgery, hospitalization, medication, physical therapy, and more. If you require future medical procedures, these can be covered as well.
- Lost wages, or earnings from the time you missed at work due to your injury If you need to take additional time off to heal or to undergo other medical treatments, these future missed earnings can be reimbursed as well.
- Property damage, which includes any belongings you had at the time of the incident that were lost or broken. You may have had a backpack with your essentials in it, like a laptop and cell phone; these repairs or replacement costs can be included in a settlement.
- Pain and suffering, or noneconomic damages, are given out in the instances of emotional trauma that plagues you, such as psychological scarring, mental pain, PTSD, fear, and anxiety.
- Punitive damages are additional types of monetary compensation that are meant to punish the defendant for his actions. They are given out when the defendant was grossly negligent or intended to cause harm. Many courts view them as unnecessary, however, and only a skilled lawyer will be able to win them for you.
Normandie Law Firm: The Best in Town
Our attorneys at Normandie Law Firm are here to help you earn a fair settlement for your pedestrian accident. You should not be expected to sit through negotiations with insurance agents and rack up even more stress – your only responsibility should be to heal and recover from your injuries. Our expert lawyers will aggressively fight for your maximum compensation and will not stop until we bring you a settlement you are satisfied with.
Call us today for a free legal consultation with an attorney. You can ask any questions about your case and what you believe you should earn, and we will give you necessary information about the legal process. If you select us for our services, you also receive a zero fee guarantee on your claim – meaning you pay no out of pocket expenses for anything. If we win your case, our payment comes out of the settlement we win for you; if we lose, we receive nothing at all. Your savings will always be preserved.
Contact Normandie Law Firm to speak with a Bakersfield pedestrian accident lawyer.
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