If you’ve been injured in a pedestrian accident, it’s important to seek legal help immediately. A personal injury lawyer can help you file a claim and get the compensation you deserve for your injuries.
The Dominguez Firm is a personal injury law firm with experience helping pedestrian accident victims recover compensation. They have a success record of 96%* and have won over $1 billion* for their injured clients.
Causes of Pedestrian Accidents
There are many reasons why pedestrian accidents happen. They can be caused by weather conditions, driver errors, or even pedestrian errors. Let’s take a look at each one.
Bad weather is one of the leading causes of pedestrian accidents with cars. Wet weather and icy conditions contribute significantly to the more than 12,000 fatalities annually on U.S. roads. Most bad weather crashes occur on slick pavement, but hydroplaning – when water on the road surface causes tires to lose contact with the pavement – is also a serious concern. If you must walk in wet weather conditions, exercise caution and always be aware of your surroundings.
Another leading cause of pedestrian accidents is driver error. This can include anything from distracted driving to aggressive driving. Distracted driving is “any activity that could divert a person’s attention away from the primary task of driving.” According to the National Highway Traffic Safety Administration (NHTSA), in 2016 alone, 3,450 people were killed due to distracted driving. If you see a driver who appears to be distracted, do your best to get out of their way and stay safe.
While driver error certainly plays a role in pedestrian accidents, pedestrians are not immune to error. Some common mistakes pedestrians make include walking while texting, jaywalking, and failing to yield to oncoming traffic. If you must cross a street outside a crosswalk, always use extreme caution and be aware of your surroundings. Trying to beat a light or crossing without looking both ways can lead to disastrous results.
No matter how cautious you are as a pedestrian, there is always the potential for an accident. If you or someone you love has been involved in a pedestrian accident, it is important to seek legal counsel as soon as possible. The lawyers at The Dominguez Firm have over 35 years of experience representing victims of pedestrian accidents. We will fight for you every step of the way to ensure you receive the compensation you deserve. Contact us today for a free consultation at (800)818-1818.
Injuries Sustained in a Pedestrian Accident
The variety of injuries one can sustain from a pedestrian accident is almost as vast as the causes of pedestrian accidents. Some of the most common include:
Bones can be broken in a number of ways in a pedestrian accident. They may be fractured by the impact of being hit by a car or crushed if a car runs over them. Broken bones can be extremely painful and can take months to heal properly. In more severe cases, the victim may require surgery.
Traumatic brain injuries
A traumatic brain injury (TBI) can occur when the head hits something hard, such as the pavement, or when an object penetrates the skull and damages the brain tissue. A TBI can be mild, moderate, or severe and can lead to long-term health problems.
Spinal cord injuries
The spinal cord is very vulnerable to injury in a pedestrian accident. A spinal cord injury can cause partial or complete paralysis, depending on the severity of the injury.
Soft tissue injuries
Soft tissue injuries, such as bruises, strains, and sprains, are also common in pedestrian accidents. These injuries may not seem serious initially, but they can still lead to pain and discomfort.
Seeking Compensation for Your Pedestrian Accident Injuries & Damages
If you’ve been involved in a pedestrian accident, you may wonder what damages you can collect. The answer to this question depends on the specifics of your case, but there are generally three main types of economic damages that you can recover: medical expenses, property damage, and lost wages.
You would also be entitled to non-economic damages, such as pain and suffering. These are meant to compensate you for the emotional toll your accident injuries have had on you and your family.
After a pedestrian accident, your priority should be to seek medical attention, even if you don’t think you’ve been seriously injured. Some injuries, such as concussions and whiplash, can take days or even weeks to manifest symptoms. Once you’ve been seen by a doctor, you and your attorney will keep track of all your medical expenses, including doctor’s visits, hospital stays, surgeries, prescription drugs, and physical therapy. These are vital to proving the extent of your injuries.
If you were hit by a car while walking, there’s a good chance that your personal belongings were damaged or even destroyed in the accident. You may also need to replace items like your glasses or cell phone. To recover the cost of these items, you’ll need to save any receipts or estimates to repair or replace them.
If your injuries are serious enough that they prevent you from working, you can request compensation for lost wages. This includes not only the wages you would have earned had you not been injured but also any bonuses or commissions you would have received. You’ll need documentation from your employer showing how much money you would have earned during the time when you were out of work due to your injuries.
These damages can’t be added up on a calculator but they usually make up the bulk of a pedestrian accident victim’s settlement. That’s because California places no cap on how much can be awarded in pain and suffering and other non-economic damages.
Proving Fault in a Pedestrian Accident Claim
It can be challenging to obtain evidence to support your claim, and insurance companies are often quick to point the finger of blame at pedestrians. However, certain types of evidence can be beneficial in proving fault in pedestrian accident cases.
Eyewitnesses are essential in providing an objective account of what happened. If you have any witnesses to your accident, get their contact information so your attorney can follow up with them.
The police report will usually include a summary of the officer’s investigation and any citations that were issued. This can help determine fault, but it’s important to remember that police officers are not always impartial. In some cases, they may mistakenly believe that the pedestrian was at fault. An experienced pedestrian accident lawyer can counter this bias effectively.
Surveillance footage from nearby businesses or homes can provide valuable insight into what happened leading up to the accident. This type of evidence can be tricky to obtain, but a seasoned personal injury lawyer in West Covina can usually get copies.
How Much Is Your Case Worth
The amount of money you can receive from a pedestrian accident case will depend on many factors, including the severity of your injuries and whether the driver was completely at fault. Read on to learn more about what factors will affect the value of your pedestrian accident case in West Covina.
The Severity of Your Injuries
The most important factor that will determine the value of your pedestrian accident case is the severity of your injuries. If you suffered life-changing injuries, such as paralysis or a traumatic brain injury, you would likely be able to receive more money than if you only suffered bruises and cuts. The amount of medical bills you have also determines how much your case is worth. If you have a lot of medical bills, you will likely be able to get more money to cover those expenses.
Whether the Driver Was at Fault
Another critical factor affecting the value of your pedestrian accident case is whether the driver was at fault. If the driver was entirely at fault for the accident, you would likely be able to get more money than if both you and the driver were partly at fault. However, even if you and the driver were partly at fault, you may still be able to recover some damages. A court would determine the percentage of fault for both of you and subtract that percentage from your final compensation amount.
Let The Dominguez Firm Help You
If you’ve been injured in a pedestrian accident, seeking legal help is critical. A personal injury lawyer in West Covina can help you file a claim and get the compensation you deserve for your injuries. The Dominguez Firm is a personal injury law firm with experience helping pedestrian accident victims recover maximum compensation. We have a success record of 96%* and have won over $1 billion* for our clients. Call us today at (800) 818-1818 to receive your free case consultation.