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Many people get around California by walking down city streets and sidewalks. This means pedestrian accidents can happen, and they can have devastating consequences. If you or a loved one has been injured in a pedestrian accident, our Clovis pedestrian accident lawyer is here to fight on your behalf. Speaking with a personal injury attorney in Clovis can help you understand your legal options and work toward securing the compensation you deserve.
A person can be held liable for injuries caused by another if they act negligently. Negligence occurs when someone fails to exercise reasonable care, either by doing something they shouldn’t or failing to do something they should.
California imposes a duty of care on drivers and property owners. If a driver or property owner breaches this duty, leading to an accident and injuries, they may be held responsible. To prove negligence, an injured person must demonstrate that the defendant owed them a duty of care, breached that duty and their breach directly caused the injury.
When a pedestrian is injured in an accident involving a motor vehicle, the responsible party may be liable for damages. Responsible parties may be:
Motor vehicle drivers owe the public a duty of care while operating their vehicles. Sometimes, the driver may act negligently by speeding, being distracted, failing to yield to pedestrians, driving recklessly, or driving under the influence.
Property owners may be liable if their property’s condition contributed to the accident, such as a poorly maintained sidewalk, inadequate lighting, dangerous steps, or hazardous objects on the walkway.
Government agencies may be held responsible for accidents that occur on dangerous roadways or intersections. This can include situations that include road design flaws, inadequate signage, or poor road maintenance.
In some cases, the pedestrian’s own negligence may contribute to the accident. Even if they are found to be partially at fault, under California’s comparative negligence system, they may still be entitled to compensation. However, the amount of compensation they can recover can be reduced by their percentage of fault. For example, if a pedestrian is awarded $100,000 in damages but is found to be 20% at fault for the accident, their final award would be $80,000.
If you are in a pedestrian accident, you need to stay at the scene and call the police if you are able. It is important to collect the driver’s and witness’ contact information, license plate number, and any evidence. Take photos of the accident, the vehicle, and your injuries.
It is important to seek medical attention, even if you do not believe you are hurt. You may not notice injuries that medical staff could, and the documentation could be detrimental to any future claims.
We recommend that you cooperate with law enforcement and provide a clear and concise account of the accident to the responding officers. You should not admit fault to anyone besides your attorney, and do not post about the accident on social media, as everything you say or post can be used by insurance companies to challenge your claim.
As soon as you can, you should consult with an attorney. They can ensure you navigate the legal process properly and avoid any mistakes that could impact any future claim.
Every pedestrian accident case is unique, and the extent of your losses may largely depend on the severity of your injuries and how long recovery takes. Unfortunately, pedestrians, lacking the safety and protection of a vehicle, often suffer catastrophic injuries. These injuries can come with prolonged recovery periods, substantial medical bills, and a diminished quality of life.
As a victim of a negligent driver, you may be entitled to compensation for various damages, including:
If you tragically lose a loved one in a pedestrian accident, you may seek damages for a wrongful death, including:
Our dedicated Clovis pedestrian accident attorney can meticulously handle your case, allowing you to focus on your recovery. At Law Offices of David Davidi, APLC, we can gather evidence, negotiate with insurance companies, and advocate for your rights to ensure you receive the compensation you deserve.
In California, both pedestrians and drivers must adhere to safe road behavior. The state’s comparative negligence system allows for partial recovery even if the pedestrian shares some of the fault. This means if you were found 20% at fault, you would receive 20% less of what you would have been awarded for damages.
If the driver was uninsured or underinsured, your own uninsured/underinsured (UM/UIM) motorist coverage can help compensate for your losses. This coverage is typically included in your auto insurance policy and is meant to protect you in these situations. Consulting with an attorney can help you understand your options to maximize your recovery.
The length of time it takes to resolve a pedestrian accident may depend on the severity of the injuries, how complex the case is, if the insurance companies are cooperating, and how much backlog the court currently has. Your attorney should be able to give you a time estimate at your first meeting.
Yes, you can file a wrongful death claim if your family member died in a pedestrian accident. This involves seeking compensation for the loss suffered by the family. Plaintiffs may be compensated for funeral expenses, medical bills, lost wages, loss of financial support, emotional distress, and loss of companionship, love, affection, and emotional support.
If you or a loved one has been injured in a pedestrian accident, our experienced team provides free consultations to discuss your case and explore your legal options. We can carefully review the evidence and determine the optimal strategy for maximizing the compensation you receive. Contact us today.