Bakersfield is a busy area of California, and every day thousands of pedestrians must navigate their way around motor vehicle traffic. While the majority of pedestrians in Bakersfield are able to reach their destinations safely, some do not. When a motor vehicle driver hits a pedestrian, the incident is likely to cause catastrophic or even fatal injuries. If you have experienced a pedestrian accident due to the negligence or inappropriate misconduct of a driver, you need a Bakersfield pedestrian accident attorney you can trust to guide you through your recovery efforts.
The Law Offices of David Davidi, APLC, can provide the compassionate and responsive legal representation you need for this type of difficult personal injury case in Bakersfield. Our team has years of experience representing clients who have suffered all types of injuries due to the negligence and illegal misconduct of others, and we know how to help you recover as fully as state law allows.
While it may be technically possible to pursue recovery for your damages without legal counsel, it’s important to understand the value of having legal counsel you can trust in your recovery efforts. If you tried to handle your case by yourself, you would be compelled to meet very strict procedural requirements with the court, and missing a filing deadline or making any other mistake in the early stages of your case can have severely detrimental effects on the outcome of your recovery efforts.
Even if you managed to succeed in holding the defendant accountable on your own, you could unintentionally agree to a much lower settlement than what a Bakersfield pedestrian accident attorney could have obtained on your behalf. When you choose the Law Offices of David Davidi, APLC, to represent you, our team will handle all of your case proceedings so you can focus on your recovery. We’ll closely examine the details of how your accident happened to firmly prove liability for the incident, and we have the experience necessary to uncover every channel of compensation available to you. Our goal is to provide reassurance and ongoing support through every phase of your case and assist you in obtaining the maximum amount of compensation possible for your damages.
The first challenge you face as you seek remuneration for your damages from a pedestrian accident is identifying the party or parties responsible for causing the accident. Next, you must prove that their negligence or intentional misconduct behind the wheel directly caused your claimed damages.
Most pedestrian accidents reported in Bakersfield are the results of negligence, or failure to use appropriate care and caution in specific situations. For example, a driver has a duty of care to operate their vehicle attentively. Distracted driving would be a breach of this duty of care. Other forms of negligence that commonly cause accidents in the Bakersfield area include moving violations and failure to address known mechanical issues with a vehicle.
It is also possible for illegal misconduct to cause a devastating pedestrian accident. Driving under the influence (DUI), reckless driving, and excessive speeding are a few examples of this. Whenever a driver causes any pedestrian accident or other accident through illegal misconduct, they not only face liability for the damages they cause to others with their actions, but also criminal prosecution from the state. For example, the penalties for DUI typically include driver’s license suspension, fines, and jail time. However, if the defendant hurt or killed anyone while driving under the influence of drugs or alcohol, their penalties would increase substantially.
Your Bakersfield pedestrian accident attorney will assist you in identifying the target of your recovery efforts and gathering the evidence needed to prove they are directly responsible for causing your claimed damages. This may require traffic camera footage from the vicinity of the accident site, eyewitness statements from anyone who saw the accident happen, and digital evidence like the at-fault driver’s cell phone records.
After gathering the evidence needed to prove culpability for your damages, you can proceed with collecting compensation for those damages from the defendant who caused the accident. If you were hurt by a driver, you have the right to file a claim against their auto insurance policy just as you would after any other vehicle accident. However, dealing with insurance companies can be very difficult as they tend to look for all the reasons they can find to deny claims or justify the lowest possible settlement offers.
Working with a knowledgeable Bakersfield pedestrian accident attorney means a much easier time with your auto insurance claim against the at-fault driver. They can address any issues that may arise with your claim such as an unfair denial or lowball settlement offer. However, even if you manage to secure the maximum amount of compensation possible through your insurance claim, the settlement you receive may not fully cover all of your damages.
Whether an insurance claim isn’t an option in your situation or the insurance settlement you receive does not fully cover your losses, you can proceed with a personal injury suit against the driver who hit you. After proving fault, you must then prove the full scope of the damages you suffered because of the defendant’s negligence or misconduct behind the wheel. Under California’s personal injury law, the at-fault driver is fully responsible for repaying the victim’s economic damages, which are likely to include:
Beyond these economic losses, state law also permits you to seek remuneration for the pain and suffering the defendant inflicted upon you. There are several methods of calculating pain and suffering in a personal injury claim, and state law places no limitations on this aspect of your recovery from a pedestrian accident. An experienced Bakersfield pedestrian accident attorney may help you secure a large lump sum of compensation for a severe injury or look for a per diem settlement that awards compensation for each day you spend recovering from your accident.
It’s natural for a defendant accused of causing a personal injury to look for any way they can find to deflect liability for a plaintiff’s damages, and one of the most common tactics is for them to assert comparative fault. However, the state upholds the pure comparative fault statute, meaning that a plaintiff may still recover compensation for their damages in a personal injury case even if they are partially responsible for causing those damages.
When comparative fault comes into play in a personal injury case, the judge overseeing the case will assign each liable party a fault percentage. This will dictate how much of the total damages each party is responsible for causing. For example, the judge may decide that the defendant bears 80% liability while the plaintiff bears 20% liability. This would mean the plaintiff then loses 20% of their final case award.
The attorneys at the Law Offices of David Davidi, APLC, have years of experience handling difficult personal injury claims on behalf of our clients in the Bakersfield area, so we know the challenges you could encounter as you seek remuneration for your damages. When you choose our firm to represent you we will immediately review the details of how your accident happened, identifying the driver responsible for injuring you.
We will gather the evidence and testimony needed to prove fault and establish the full range of damages you are legally entitled to seek from the defendant. Our goal in every personal injury case is maximum client recovery in the shortest time possible, so we will seek to settle your case as swiftly as we can. However, if settlement is not an option for any reason, we are fully prepared to present your case in court. Ultimately, you have a good chance of success with any personal injury claim in Bakersfield when you have reliable legal counsel advising you.
Even if culpability for your pedestrian accident in Bakersfield seems perfectly clear, do not make the mistake of assuming that you can navigate all of your recovery efforts on your own. Any mistakes in the preliminary stages of your recovery efforts could not only diminish your final compensation but also potentially jeopardize your ability to recover any compensation at all. Again, having legal counsel you can trust is a tremendous asset, as your attorney can handle your legal proceedings on your behalf so you can focus on recovering from your injuries with peace of mind.
Yes, it is possible for a pedestrian to face comparative fault for their accident if they in any way contributed to causing the accident. Jaywalking is the most commonly cited example of how a pedestrian can face partial liability for causing their damage. However, a driver always has a greater duty of care than a pedestrian to avoid hitting pedestrians while driving. Therefore, it is unlikely for a pedestrian to face greater fault than a driver in any pedestrian accident.
The amount of your final case award will reflect the severity of your injuries and economic losses from the accident in question. State law allows you to seek full repayment of your financial damages, such as medical bills, lost income, and property damage resulting from the accident in question. You also have the right to claim pain and suffering compensation to reflect the severity of your experience. Your Bakersfield pedestrian accident attorney is your most valuable asset for maximizing your case award.
It is always ideal to start your legal efforts to recover from a pedestrian accident as soon as possible. Your health and well-being come first, so have your injuries treated immediately after the accident and then reach out to legal counsel you can trust. The sooner you have an attorney begin working on your case, the more likely you are to maximize your compensation and the less likely you are to encounter procedural disruptions to your recovery efforts.
When you hire the Law Offices of David Davidi, APLC, as your counsel in a pedestrian accident case, there is no legal fee until we win. This removes the possibility of legal expenses overtaking your recovery and resulting in a net loss. In addition, our firm will only take a percentage of the compensation we secure on your behalf, and there is no fee at all if we cannot win the case. This ensures you have the legal counsel you need when you need it most at no financial risk.
The attorneys at the Law Offices of David Davidi, APLC, have successfully represented many pedestrian accident claims for Bakersfield clients, and we take a client-focused approach to every case we accept. We will take time to get to know you and your situation, helping you understand the legal mechanisms most likely to influence your recovery. If you are ready to learn more about the legal services we offer and your options for legal recourse, contact us today to schedule a free consultation with a Bakersfield pedestrian accident attorney.