Right to Compensation for Pedestrian Accident Victims :
Pedestrian accidents can cause devastating injuries.
If you were injured in a pedestrian accident in California, you may be eligible to be compensated for your injuries and other losses.
You can either file a Pedestrian Accident Claim with the driver’s insurance company or file a Personal Injury Lawsuit in a civil court.
If you file a claim with the driver’s insurance company, the negotiation and settlement process can be time consuming. It will be difficult to navigate through the claim process without assistance from an experienced Pedestrian Accident Lawyer. The claims adjuster from the insurance company will try to settle your claim for as little amount as possible. They persuade you to give up your rights to sue the driver in court in exchange of your settlement amount.
The best way to get the compensation you deserve is to approach an experienced Personal Injury Attorney and file a Personal Injury Lawsuit.
Why do I need a Personal Injury Attorney?
In order to win a pedestrian accident lawsuit based on negligence, the following elements have to be proved by a preponderance of the evidence:
- Duty: There is always a duty for a driver to exercise reasonable care toward pedestrians on the roadway.
- Breach of duty: The defendant must have failed to act with the required level of care. If a driver breaks a traffic law and hits a pedestrian, the court will consider that as a breach of duty.
- Cause-in-fact: The injured pedestrian has to prove that the driver actually caused the injury.
- Proximate cause: The driver can only be held responsible/ liable for the harms that were foreseeable as a result of the collision/accident.
- Damages: The injured pedestrian has to show that the accident caused them to suffer legally recognized harm such as bodily injury, financial loss, or property damage.
Statute of Limitations (Timeline) for filing a Pedestrian Accident Lawsuit:
In California, you have 2 years from the date of accident to file a Pedestrian Accident Lawsuit. Time taken to resolve the claim depends on the severity of the injuries and the complexity of the legal issues involved.
How Can a Personal Injury Lawyer help me with my Pedestrian Accident Claim?
An experienced Personal Injury Lawyer offers you the best chances at succeeding in your pedestrian accident claim. Our attorney will gather all the evidences to present the best case possible, relieving you of all the stress of navigating the insurance claim, negotiation and settlement process.
Contact LA Injury Attorneys and get your case Evaluated for Free with one of our experienced Personal Injury Attorneys. Get the Compensation you Deserve! Do not settle for Less.
What you need to know about Pedestrian Accidents
There are thousands of pedestrian accidents every year. Those who do survive a pedestrian accident are often left with severe and debilitating injuries, not to mention extensive emotional scars and the financial burden of doctor and hospital bills.
How to Act Before Calling a Pedestrian Attorney
1. Call the police and make sure that an ambulance is dispatched to the scene of the accident.
2. Get immediate medical attention for any injuries sustained in the accident (allow paramedics to transport injured parties to the hospital for care and treatment).
3. Do not admit anything to any party without contacting LA Injury Attorneys, Los Angeles Pedestrian Accident Lawyer or California Pedestrian Accident Attorney.
4. Exchange identifying information and insurance information with all parties involved in the accident.
5. Do not speak directly with the liable party’s insurance adjusters, attorneys or representatives about the facts of the case without first consulting with LA Injury Attorneys, Los Angeles Pedestrian Accident Lawyer or California Pedestrian Accident Attorney.
6. Take pictures of the scene of the accident, the vehicles and the injuries sustained in the pedestrian accident.
7. Do not sign any medical release forms without speaking to a Los Angeles Pedestrian Accident Lawyer or California Pedestrian Accident Attorney.