Nearly 9% of all accidents in Modesto involve pedestrians. Almost 100 pedestrians were struck and injured by drivers. What are the victim’s rights in pedestrian accidents? Do you know what legal action to take if you were an injured pedestrian in an auto accident? Unfortunately, the victims of pedestrian accidents are unaware of their rights as pedestrians. If you are a family member of the victim who lost his or her life, do you know what action to take?
If you were injured in a pedestrian accident or a family member of a victim who was wrongfully killed in a pedestrian accident, you must contact a Modesto law firm as soon as possible. The pedestrian can sue if he or she was injured in an auto accident; likewise, surviving family members can sue for the wrongful death of a pedestrian struck in an auto accident. If you are interested in taking legal action, you must immediately contact the lawyers with experience in pedestrian accidents in Normandie Law Firm.
Our Modesto pedestrian crash law firm has spent many years representing the victims of pedestrian accidents. Our attorneys have the expertise necessary to fight for your rights and help you recover the compensation you deserve. In the following sections, you will find information that should help you get a general understanding of your legal situation. For an in-depth discussion of your claim, you must contact a pedestrian accident attorney in Modesto.
The National Highway Transportation Safety Administration
The National Highway Transportation Safety Administration (NHTSA) is dedicated to reducing the incidents of pedestrian accidents through education. The NHTSA provides tools and resources for people of all ages with the goal of promoting safety. According to reports conducted by the NHTSA, pedestrian accidents accounted for more than 5,000 fatalities in 2015. Rather than decreasing, the number of pedestrians killed in auto accidents continues to increase.
Causes of Pedestrian Accidents
Why are pedestrian accidents so prevalent? With the advances in infrastructure and transportation, it would make sense for the rates of pedestrian accidents to diminish. If incident rates are not decreasing, why do they continue to increase? What causes the accidents that are leaving so many pedestrians injured?
There are three main reasons behind the constant rate of pedestrian accidents:
- Drivers are distracted.
- Drivers are under the influence of drugs or alcohol.
- Drivers are reckless.
Drivers are constantly distracted and focusing on things other than driving safely. Drivers are using their cell phones, calling, texting, and even recording or taking pictures while driving. Drivers are also eating, drinking, speaking to passengers, reaching to the backseat, and doing other things that they should not be doing while driving. Although drivers might consider that taking a few seconds to focus their attention elsewhere cannot cause any harm, they risk striking a pedestrian. Drivers are also likely to drive under the influence of drugs or alcohol. When they do so, their abilities are impaired and cannot react appropriately to avoid an accident. Besides illegal drugs, prescription drugs can also have the same effects on drivers. Drivers also drive recklessly. They speed, fail to signal turns and lane changes, fail to follow traffic signals, fail to yield, and do many other things behind the wheel that could put others in danger.
Pedestrian accidents caused by any of the reasons mentioned above could have been avoided if the driver was practicing reasonable care. These accidents are often caused by the driver’s negligence.
Establishing Negligence
Negligence consists of four elements: duty, breach, cause, harm. All drivers have a duty of care towards pedestrians. They must drive with reasonable care to avoid causing injuries to unsuspecting pedestrians. Driving with reasonable care includes following all traffic laws and signals, driving at a safe speed, and yielding to pedestrians, for example. When drivers are distracted, drive while under the influence or drive recklessly, they are breaching their duty to pedestrians. When they breach their duty to pedestrians, they can cause an accident that leaves a pedestrian with severe injuries. If drivers breach their duty to pedestrian and cause accidents, they will likely be found negligent and liable for the pedestrian’s injuries.
However, it is also possible that the pedestrian can be found negligent and partly liable for his or her injuries. Pedestrians must also exercise a duty of care while they are walking near roads and traffic. They must follow all traffic rules and signals just like drivers. If the pedestrian is found to be partly liable for his or her injuries, comparative negligence will be established. Comparative negligence establishes the percentage of negligence, or liability, of each party involved. Comparative negligence will likely affect the amount of compensation a victim is eligible to receive. For more information on negligence, liability, and comparative negligence, you should contact a Modesto car accident lawyer with experience in pedestrian injury claims.
Common Injuries
If a driver crashed into a pedestrian, the pedestrian likely sustained a series of injuries ranging from mild to severe. What injuries are common in pedestrian accidents? The most common injuries can be found below:
- Sprains and strains
- Spinal cord injuries
- Shoulder and hip injuries
- Nerve and muscle damage
- Neck and back injuries
- Lacerations, scrapes, and bruises
- Knee injuries
- Head and traumatic brain injuries
- Fractures and broken bones
As you can see, the injuries you might experience can range in severity. All the injuries mentioned above could leave you with permanent damage and an array of medical bills. After your injuries are treated, you should speak to an attorney in Modesto for information on how to start a claim against the driver liable for your injuries.
Compensation
If you suffered injuries, you were likely left dealing with many unexpected bills? What forms of pedestrian injury compensation might you be eligible to receive? If you file a claim with the help of a Modesto pedestrian accident lawyer, would you be eligible to receive compensation for your injuries? The short answer is yes; injured pedestrians would likely be eligible to receive compensation for their injuries. The different categories of compensation available for recovery are found below:
- Medical expenses
- Lost income
- Pain and suffering
- Loss or consortium
- Funeral and burial costs
- Punitive damages
The type and amount of compensation you are eligible to receive depends on the specific details of your claim. If you were injured in a pedestrian accident, you would need to speak to a Modesto attorney with experience in pedestrian accidents to discuss the types of compensation you are eligible to receive. When you contact our experienced attorneys, you can be certain that they will do everything within their reach to help you recover the maximum amount of compensation available for your claim.
Normandie Law Firm
Were you injured in a pedestrian accident? Accidents involving pedestrian continue to occur all over the country. In Modesto, nearly 100 pedestrians were struck by a vehicle in one year. If you were injured after a car crashed into you, you have the right to sue and recover compensation. Many victims of pedestrian accidents do not have the information necessary to take action against the driver liable for their injuries. Our attorneys are dedicated to giving you all the information necessary to allow you to confidently start your legal process.
Normandie Law Firm has spent many years helping the victims of pedestrian accidents find the representation they deserve. If you were injured in a pedestrian accident, you can contact our law firm and speak to a Modesto lawyer without worrying about paying a fee. Our firm offers free consultations and free second opinions to keep our legal services accessible to all victimized pedestrians. It does not matter if you were injured or if your family member was killed in a pedestrian accident, our attorneys can help you. During our free consultations, our attorneys are available to answer all your questions and address all your concerns. Our attorneys will provide you with all the information you need to make a claim against the driver liable for your injuries. If you already have an attorney with another law firm, you could benefit from a free second opinion. During our free second opinions, our attorneys focus on filling the gaps left by incompetent attorneys. Many attorneys rush through cases and often neglect and overlook important element, leaving their clients with more questions than answers. When you contact our law firm, you can be certain that our attorneys will thoroughly evaluate your claim and give you all the information you need to get your claim back on the right track. If you are interested in speaking with our attorneys, you should contact our firm to schedule a free consultation or free second opinion.
Normandie Law Firm is proud to offer our clients a Zero-Fee guarantee. Our Zero-Fee guarantee allows us to provide clients with free consultations and free second opinions. Our guarantee also ensures that our clients never have to worry about paying any upfront fees for any of our legal services. Since our law firm is strictly based on contingency, our clients will never have to pay any legal fees until after our Modesto pedestrian accident attorneys win their claims. If you do not recover the compensation you deserve, you will not pay any legal fees. Contact us as soon as possible.
