Pedestrian walkways are always near streets and roads where cars move. This can be dangerous both to walkers and motorists. Yet, advocating for a redesign of pedestrian mobility can be quite arduous. We must endure and hope for the best when cars are a few feet away from causing a massive pedestrian accident.
Even then, it's not always foolproof, and pedestrian accidents do happen, sometimes in areas you'd expect common sense to prevail. One thing leads to another, and a pedestrian ends up with serious or even life-threatening injuries. Read on to discover what you would do if you were to encounter such a scenario and how a Sacramento pedestrian accident lawyer can help.
The only certainty about pedestrian accidents is that a car hits a person walking. Many variables in between determine the severity of the injury. These could be factors like the vehicle’s speed and weight, the pedestrian’s body part the car strikes, the surface type on which the accident occurred, and so much more. Apart from these, one sure thing is that the pedestrian sustains injuries, such as:
That said, pedestrian injuries are among the worst suffered in auto accidents. This is because walkers are mostly unprotected or lack any form of barrier between them and the vehicle, which may reduce the severity of the impact.
The most important factor in bringing a pedestrian accident suit to the court is establishing that the other party was negligent, thus causing the accident. This sloppiness could be due to any of the following reasons:
Thus, making a case in court requires proving negligence on the driver’s part. It involves four elements:
All these issues are backed by the landmark case, Jacoby v. Johnson, where judges at multiple levels of the appellate system reiterated that drivers have a duty of care to pedestrians and other road users.
Holding the driver at fault for the accident needs more than just your word. A court of law requires proof of the accident, who caused it, the injuries you suffered, and the losses you incurred as a consequence of the accident. A Sacramento pedestrian accident lawyer will do all the hard work of gathering evidence. The aim is to demonstrate laxity on the driver’s part. As such, a qualified and experienced lawyer will look for the following pieces of evidence:
It is vital to let your lawyer handle any communications with insurers. An insurer’s best interest is to ensure they don’t pay you or pay out as little as possible. They often take advantage of victims who attempt to discuss directly with them. A competent attorney, on the other hand, helps ensure that you get what you’re owed. These damages may include:
This compensation is necessary to cover various aspects of your recovery process. Consider hiring a professional pedestrian accident lawyer to avoid falling into the insurer’s trap.
As much as it’s possible to prove negligence on the driver’s part, the same is true for the pedestrian in question. The pedestrian may have thrown caution to the wind, thus leading to a series of events culminating in an accident. The acts a pedestrian may have engaged in include crossing where there is no clearly marked crosswalk or intersection, darting in front of a vehicle, or walking on the roadway.
In such circumstances, a court may deem the pedestrian to have breached the duty of care to their own safety. The courts can accordingly assess what’s known as contributory negligence. When used with the doctrine of comparative negligence, a driver can sue for a fraction of the damages awarded to the pedestrian if it is proven the said pedestrian was partly the cause of the accident.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
If you’ve suffered an auto accident as a pedestrian, then you don’t need to shoulder the burden alone. However, you need a competent Sacramento personal injury lawyer at Kash Legal on your side. We can help you prepare for a legal suit to enable you to ease the burden of your injuries.
Attempting to adjust to a new life as a result of your injuries can be difficult; do not bear the consequences alone. Learn more about how we can help your case by getting in touch with us via (888) 527-4128 or completing our contact form.
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