Pedestrian accidents are a much more common occurrence than people actually realize. In fact, the Governors Highway Safety Association (GHSA) projects that the U.S. pedestrian fatality rate per billion vehicle miles traveled jumped to 2.2 deaths for the first six months of 2020 (compared to 1.8 during the same period in 2019). That represents a 20% increase.
If you’ve been injured in a pedestrian accident, you may be of the belief that you can’t pursue legal recourse. You may feel that, because you shared a portion of the responsibility for the accident, you’re unable to file a personal injury claim. But, as we’ll discuss below, California is a comparative fault state. Accordingly, most pedestrian accident victims are eligible for financial compensation after an accident resulting in an injury.
If you’ve been injured in a pedestrian accident, contact a team member at Dordulian Law Group (DLG). We can help you determine whether or not your claim is valid, and also gather key information that will help to provide an overall estimate for how much your pedestrian accident case is worth.
Pedestrian accidents often result in serious injuries endured by walkers on the streets and sidewalks of Riverside. A pedestrian accident can involve any type of injury suffered while walking on or near the street, using a crosswalk, or entering/exiting a vehicle. In most cases, pedestrian accidents involve a person and a vehicle colliding together. However, depending on the specifics of the accident, multiple pedestrians, bicyclists, or motorcyclists may be impacted.
Regardless of the severity of the accident, your injuries or losses may entitle you to financial compensation through a personal injury civil lawsuit. Don’t simply assume that you are ineligible to recover compensation because your injuries are seemingly minor. Pedestrian accidents often cause latent injuries that can manifest days, weeks, or even months after the initial incident.
Let the expert Riverside pedestrian accident lawyers at DLG investigate your case thoroughly before making such a decision that could impact your physical and financial recovery. We will carefully determine the merits of your claim before proceeding.
Filing a pedestrian accident personal injury lawsuit involves proving negligence or malice (whether conscious or unconscious). A DLG Riverside pedestrian accident lawyer will gather information pertaining to your accident and determine whether or not you have grounds to file a lawsuit.
If your loved one died during a pedestrian accident, you may be eligible to file a wrongful death lawsuit to recover various types of damages. Eligible dependents, such as a spouse or adult children, can file a wrongful death claim that will compensate the decedent’s surviving family. A representative or administrator of a decedent’s estate may also file this specific type of lawsuit.
The value of a pedestrian accident lawsuit can vary dramatically based on the severity of any injuries and the extent of any negligence Documentation such as medical bills, doctor’s reports, medical expert testimony, victim’s statements, and tax records or paychecks can help give an accurate picture of the money you might be owed after a pedestrian accident.
Your DLG Riverside pedestrian accident lawyer will seek any available damages that can help pay for your full recovery. A pedestrian accident victim may require several surgeries or procedures to enhance quality of life. Medical equipment to assist in your recovery may also be necessary, or you may need medication to manage pain and suffering. Physical therapy and transportation to and from medical facilities may also be required.
During your recovery, you may experience psychological or emotional trauma and require the assistance of mental health professional. Damages for emotional trauma may also be calculated if you are suffering with any type of mental health issue following the accident. If you require in-home or nursing home care, those expenses may also be added to your claim.
A DLG pedestrian accident lawyer will listen to your story and seek all possible damages, including pain and suffering and any reduction in quality of life.
Punitive damages, although rare, are available for “conduct with malice, oppression, or fraud.” These damages are not capped in California, but can be difficult to prove. Wanton disregard for human life or intentional harm of an extreme nature typically need to be demonstrated in order for punitive damages to be recovered. However, DLG pursues punitive damages in all eligible cases.
Health insurance policies may cover some of the expenses accrued after a pedestrian accident. However, many policies have a maximum annual or lifetime cap. Therefore, many pedestrian accident victims with severe injuries can be left with substantial medical bills that aren’t covered by insurance companies.
Filing a personal injury claim can be the best way to recover full compensation for all of your injuries (and your immediate and future medical care).
At times, a victim may be approached by a representative of the insurance company or at-fault party. These representatives will often claim that insurance can be used to make a lump-sum payment. But while this type of payment may be tempting, it likely does not represent the total value of a pedestrian accident victim’s lawsuit. This is one of many reasons why it is so important for Riverside pedestrian accident victims to seek the experienced and dedicated representation offered by DLG. We will help you determine how much your case is worth and prevent you from being taken advantage of by an outside party.
When your Riverside pedestrian accident lawyer accepts the case, he or she will research every aspect of the accident to determine who is responsible, and the degree of responsibility (in the event both parties played a role). As long as you, the pedestrian accident victim, were not 100% responsible for the accident, you are likely eligible to recover financial compensation for your injuries. Pedestrian accident cases often involve errant drivers, but there are other persons or entities that may be involved.
Generally, responsible parties in pedestrian accidents may include:
Your accident may involve several levels of liability, and your DLG attorney will work with our investigative team to uncover all evidence related to the accident. Investigating your case is a responsibility the entire DLG team takes very seriously. We dispatch our Chief Investigator, Detective Moses Castillo, on each and every case. Castillo is a retired detective with the Los Angeles Police Department’s elite Central Traffic Division. He has handled countless high-profile traffic cases over the years – including difficult pedestrian accident and hit and run accident cases – ensuring justice is brought to victims.
In most personal injury cases, your attorney will prove that the defendant owed you a duty of care, that duty of care was violated, and you were hurt due to their negligence on a specific date.
California imposes a statute of limitations on almost all personal injury lawsuits. You must file a personal injury claim within two years of the date of the accident. In the event of a wrongful death, you also have two years from the date of the victim’s death to file a claim.
To ensure that you meet the statute of limitations for your specific claim, reach out for a free consultation with a dedicated personal injury attorney from DLG. We have successfully handled countless pedestrian accident cases like yours in the past.
A report from The Sacramento Bee indicates that California is one of the most dangerous places in America for pedestrians. In 2019, pedestrian deaths rose by 12% during the first half of the year, while the national average increase was just 3%. Between January and June of that year alone, there were 519 pedestrian deaths. Given such statistics, California is the ninth-most dangerous state for pedestrians in America.
Experts note that there is an increase in walking among Americans, leading to an uptick in potential accidents. More frequent use of mobile devices can also cause distraction, which can lead to accidents that kill pedestrians. Furthermore, large vehicles can increase the severity of pedestrian accidents.
Road crossings are commonly unsafe at night. Deaths of pedestrians in the evening hours have risen almost 70% in recent years. The increasing population of Riverside and the greater Los Angeles-area also plays a part in these accidents.
Injuries commonly incurred in pedestrian accidents include:
When a pedestrian is struck by a motor vehicle, the force can so intense that the victim breaks multiple bones, suffers severe lacerations, and experiences major head injuries. Aside from the severe cognitive and motor issues that may arise after a traumatic brain injury, pedestrian accident victims are also at an increased risk for paralysis.
Internal injuries are common but often overlooked in pedestrian accidents. This is one of many reasons why obtaining an immediate medical examination after a pedestrian accident is so important. Organ damage and massive internal bleeding can easily kill someone who does not receive urgent medical attention.
If you are injured in a pedestrian accident, contact DLG today to schedule a free consultation with one of our Riverside pedestrian accident team members. The Pedestrian Accident Division at DLG is led by a former Deputy District Attorney for Los Angeles County, Sam Dordulian.
Dordulian is highly regarded in the Los Angeles legal community – known for defending all types of crime and accident victims in need. After a career spent in the district attorney’s office, Dordulian transitioned to personal injury law where he can continue to fight for victims’ rights.
Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.
“They are fast to respond and very sensitive to your problem. Even though they were not able to take my son’s case they still gave us information on what to do next.”
Additionally, our Chief Investigator, Detective Moses Castillo – who spent 30 years in the Los Angeles Police Department’s elite Central Traffic Division – is dispatched on all pedestrian accident cases. When a pedestrian accident occurs, victims who choose DLG can be assured that all the critical evidence will be uncovered.
With a 98% success rate and more than 1000 satisfied clients, DLG has recovered over $100 million in settlements and verdicts throughout the years. We always fight aggressively for our clients, using our more than 20 years of experience in trial law to secure maximum results for every accident victim.
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