Pedestrians are especially vulnerable in an accident and often sustain serious injuries. If you or someone you know has been injured due to the negligence of someone else in Oxnard, your rights must be protected. The Dominguez Firm has trusted pedestrian accident lawyers ready to help you. With over 35 years of experience and a 96%* success rate, our award-winning personal injury attorneys have helped victims recover more than $1 billion.
If you or a loved one were seriously injured in a pedestrian accident in Oxnard, contact us today for a free consultation at (800) 818-1818.
What Are the Most Common Pedestrian Accident Injuries?
Pedestrian injuries and deaths from motor vehicle accidents are at record highs in California and throughout the U.S. Oxnard is not immune to this disturbing trend. Knowing the most common pedestrian injuries can help victims become better informed and better protected if they’re ever involved in an accident.
Head injuries are one of the most common injury types pedestrians suffer in accidents. This injury can range from minor concussions to more serious traumatic brain injuries (TBIs). The severity of head injuries depends on various factors, but one of the most important is the speed of the vehicle when it struck the pedestrian.
Spinal Cord Injuries
Spinal cord injuries often occur when a pedestrian is struck by a vehicle. This injury is almost always severe and can cause permanent damage to the spine or even paralysis. Spinal cord injuries require immediate medical attention to ensure proper healing and rehabilitation. Victims should also seek legal advice as soon as possible to receive compensation for their medical bills and other expenses associated with their injuries.
Broken Bones & Fractures
Pedestrians in accidents often suffer broken bones or fractures when hit by a car or truck, especially at higher speeds. These injuries can be very serious and require months of physical therapy. If the victim is elderly or has a pre-existing medical condition, the broken bones and fractures can be life-threatening.
Recovering from a Pedestrian Accident
An accident’s physical, emotional, and financial repercussions can be immense, and recovery can seem difficult. Fortunately, you can take legal action against those responsible. This will help immensely with your recovery by providing financial compensation for your economic and emotional losses.
Don’t Go it Alone
Insurance company agents are not your friend. Their objective is always to close your claim out quickly for the least amount possible, regardless of the extent of your Oxnard pedestrian accident injuries. Unless you have experience negotiating accident claims, this is not something you want to take on by yourself, especially if you’re injured.
Instead, you want an experienced personal injury lawyer who can navigate your case for you. One who will fight for the compensation you deserve for your medical bills, lost wages, and pain and suffering. A good lawyer will also take into account any long-term implications of your accident as well as any emotional trauma suffered due to the incident.
Seek Medical Treatment
If you were injured in a pedestrian accident in Oxnard, it is crucial that you seek medical treatment as soon as possible. Even if your injuries seem minor initially, they could become more severe if left untreated. Also, you may have dangerous internal injuries and not know it. It is vital to get checked out by a doctor even if you don’t feel symptoms immediately because some injuries may not manifest right away. Additionally, seeking medical attention will ensure that all of your expenses related to the accident are appropriately documented.
Take Care Of Yourself Emotionally
Recovering from a pedestrian accident can be physically and emotionally traumatic. It’s essential to take time for yourself to recover from this experience, both mentally and emotionally. Take frequent breaks throughout the day; consider talking to friends or family about your feelings, or contact professional counseling services if needed. Taking care of your mental health is just as important as taking care of your physical health for full recovery following a pedestrian accident in Oxnard.
How Can a Lawyer Help Me With My Pedestrian Accident Case?
In California, pedestrians have the right of way when crossing at designated crosswalks or intersections. Drivers are responsible for ensuring that they yield to pedestrians at these locations. However, California recently legalized jaywalking, which can have implications for pedestrian accident cases. A lawyer will know this and how it affects your case. You on the other hand, may not. There are other reasons why you should hire a personal injury attorney.
If you try to handle your pedestrian accident case by yourself, you’ll have to:
- Be familiar with new and existing traffic laws
- Negotiate directly with insurance agents who do it for living
- Keep and categorize all of your medical documentation
- Meet important deadlines for your case
- Request any important documents or video footage from third parties
As for the last item on this list, because you aren’t an attorney, it will take longer for your request to be granted and it may even be rejected.
Plus, without proper legal representation someone with painful accident injuries can easily be overwhelmed.
Don’t put yourself in this sort of situation. Representing yourself can cost you dearly. Instead, contact the experienced pedestrian accident attorneys at The Dominguez Firm today.
How Do I Prove Fault for a Pedestrian Accident?
When someone is injured in a pedestrian accident, they must prove fault to receive compensation for their injuries. This means they must show that another person was responsible for the injury due to negligence, recklessness, or intentional harm. This is known as “proving liability.” For a plaintiff (the injured person) to win an injury case and receive damages from the defendant (the person who caused the injury), they must be able to prove four elements of liability: duty of care, breach of duty, causation, and damages.
Duty of Care
In most cases, a defendant owes a plaintiff some level of duty of care because of their relationship with one another or because of the situation. For instance, pedestrians have a right to expect motorists on the road to adhere to traffic laws and drive safely without putting pedestrians at risk. Motorists owe pedestrians this duty of care because they share the same space, and both have rights on the roadways. If a motorist fails to provide this expected level of care by speeding through crosswalks or running red lights, they may be liable for any injuries that pedestrians sustain.
Breach Of Duty
Once it has been established that there was indeed a duty owed by the defendant, it must be proven that they breached that duty by failing to act reasonably under those circumstances. In other words, did the defendant act negligently or recklessly when faced with certain conditions? This could breach their legal obligation toward another person’s safety or well-being. This could mean anything from failing to yield at crosswalks to driving while distracted or under the influence.
The third element requires clear evidence linking the breach of duty directly with resulting injuries suffered by the plaintiff. In terms of pedestrian accidents involving vehicles in Oxnard – distracted driving, ignoring traffic signals, and reckless driving will all contribute towards establishing fault.
The fourth element requires proof that actual damages were suffered as a result. This can include economic losses, such as medical bills, loss of wages due to missed time from work, and emotional distress. Non-economic losses can include pain and suffering, anxiety and loss of enjoyment of life.
What to Do After a Pedestrian Accident
As a pedestrian, you are most vulnerable and usually sustain major injuries in a collision with a vehicle. If you have been injured in an accident as a pedestrian in Oxnard, here are three steps to ensure that your rights are protected and you get the maximum compensation you’re entitled to.
1. Seek Medical Attention Immediately
The most important thing to do after an accident is to seek medical attention immediately. Even if your injuries don’t seem severe, it is vital to get checked out by a doctor as soon as possible because some injuries may not be immediately apparent. This will also help protect your claim because seeking medical attention immediately will establish that the injury was due to the accident and not something else.
2. Gather Evidence
It is crucial to gather evidence at the accident scene if you can safely do so. Take pictures of your injuries and any visible damage to the vehicle or property around you. If there were witnesses present who saw what happened, make sure to get their contact information so they can provide testimony if needed.
Also, make sure to file an official police report detailing what happened and what both parties said at the scene of the accident. This will all help strengthen your case when you pursue legal action against those responsible for your injuries.
3. Contact A Personal Injury Attorney
Contact an experienced personal injury attorney right away. One who is experienced in personal injury law so they can advise and guide you through this process step by step and ensure all of your rights are protected during this difficult time.
Your attorney will negotiate with the insurance companies on your behalf. They will work to achieve the best possible outcome for your case based on their extensive knowledge of personal injury law and understanding of how insurance companies operate when dealing with these types of claims.
Contact The Dominguez Firm Today
Pedestrian accidents can be devastating and leave victims with severe physical, emotional, and financial losses. If you or someone you know has been injured in a pedestrian accident due to the negligence of another in the Oxnard area, make sure your rights are protected.
With over 35 years of experience and a 96%* success rate, the personal injury accident lawyers at The Dominguez Firm are ready to put their winning record to work for you after an Oxnard pedestrian accident. Contact us today for a free consultation at (800) 818-1818.
My experience was good. They made sure to kept me in the loop and made sure to let me know what was going on the whole time. My mom has used other attorneys and this experience was beyond better. I would definitely recommend them!
— Ashley Magana
The attorneys were always available and answered my questions. I would recommend them to anyone. Zoe is the best!
— Janet Salazar
My experience with The Dominguez Firm and the attorneys was really good. They were very informative and always returned my calls.
— Jocelyn Gonzalez