Fresno Pedestrian Accident Lawyer

Fresno Pedestrian Accident Attorney

Fresno is a busy part of California, and thousands of people walk through the area every day. Most pedestrians can reach their destinations safely, but some are not so fortunate. Pedestrian accidents do happen in Fresno, often with devastating effects. When a motor vehicle hits a pedestrian, the victim has a very high chance of suffering life-changing injuries.

Helping Injured Pedestrian Accident Victims Recover in Fresno, CA

If you or a loved one recently experienced a pedestrian accident in Fresno, it is vital to know how to recover your damages and how to ensure accountability for the driver responsible. An experienced Fresno pedestrian accident attorney is an invaluable asset in this situation for proving fault and recovering suitable compensation for the damages you suffered. The attorneys at the Law Offices of David Davidi, APLC, have successfully represented many personal injury claims in Fresno, and we can apply this professional experience to your case.

Benefits of Hiring a Fresno Pedestrian Accident Attorney

There is no law that states you must hire an attorney to file any type of personal injury claim, but doing so will dramatically improve your chances of maximizing your recovery. The right attorney is an invaluable asset in any civil claim for damages, both in terms of helping the client prove liability and helping them secure as much compensation as the law allows for their damages. Time is a critical concern after any personal injury, and it is vital for the victim of another party’s negligence or misconduct to move quickly to secure the legal counsel they need to guide them through their recovery efforts.

When you choose an experienced Fresno pedestrian accident attorney to represent you, your chances of success with your recovery efforts increase significantly. You will not need to contend with meeting court filing deadlines and other difficult procedural issues while struggling with your medical needs. Instead, your legal team will handle your case on your behalf so you can recover with peace of mind.

Even if you think you understand the damages you can claim from the defendant, the right attorney can significantly increase the compensation you win from a successful personal injury claim. Your Fresno pedestrian accident attorney can help accurately calculate short and long-term damages you can claim from the defendant and help make a compelling case for as much pain and suffering compensation as you deem appropriate for your injuries. Ultimately, you are not only more likely to win your case with an attorney’s assistance but also more likely to maximize the total compensation you win from the defendant.

Proving Liability for a Pedestrian Accident in Fresno

The state’s fault rule for vehicle accidents requires the victim to prove how their accident happened and identify who is responsible for their damages before they can recover any compensation. A few of the most commonly cited causes of pedestrian accidents in Fresno that generate civil claims for damages include:

• Distracted and inattentive driving. This is the most common cause of all vehicle accidents in the United States each year, and pedestrians are especially vulnerable to distracted drivers. Your Fresno pedestrian accident attorney can help secure cell phone records and other evidence needed to prove that a driver was distracted when they caused your accident.
• This not only increases the chances of an accident happening but also the severity of the resulting damages. Speeding is a leading contributing factor to fatal vehicle accidents across the United States, and a pedestrian is more likely to suffer catastrophic or fatal injuries when a driver hits them at high speed.
• Traffic violations. Any time a driver fails to navigate an intersection correctly or commits a moving violation, they could hit a pedestrian. Illegal turns, failing to stop for red lights or stop signs, or failure to yield the right-of-way are just a few common examples of how moving violations might cause pedestrian accidents.
• Driving under the influence (DUI). Impaired driving is illegal, and the penalties for DUI conviction typically include a driver’s license suspension, heavy fines, and incarceration. These penalties increase significantly if a DUI driver hits someone, and if they hit a pedestrian, they can easily cause life-threatening injuries to the victim. A DUI accident is likely to lead to a criminal case against the at-fault driver along with a civil suit from the victim they injured.

The right attorney can help gather whatever evidence you will need to prove liability for the pedestrian accident you experienced. Under California law, you have the right to seek full compensation for all the damages you suffered, but you could overlook available avenues of recovery if you do not have legal counsel you can trust advising you.

One issue that commonly arises in pedestrian accident claims is comparative fault. The state upholds a pure comparative fault rule, meaning it is possible for a plaintiff to bear partial liability for their claimed damages and still recover compensation. However, their percentage of fault for causing the damages is deducted from their final case award as a penalty. Jaywalking may arise in a pedestrian accident case if the driver claims the pedestrian crossed the street illegally. If you have any reason to worry about bearing partial fault for your recent pedestrian accident, it is crucial to connect with an experienced Fresno pedestrian accident attorney as soon as possible to have an optimal chance of recovering your damages.

Claimable Damages in a Fresno Pedestrian Accident Case

Once you have established liability for your pedestrian accident, you can proceed with claiming compensation for the damages you suffered. An insurance claim against the at-fault driver’s auto insurance policy may provide some valuable initial compensation, but you will likely need to file a personal injury claim to recover all your claimable damages. The defendant is responsible for both economic and non-economic damages they inflicted in the accident.

A pedestrian accident can easily result in devastating physical injuries like bone fractures, spinal injuries, traumatic brain damage, and more. Your Fresno pedestrian accident attorney can help you claim full compensation for all the medical expenses you face due to the defendant’s actions. They are liable for both immediate and future medical care you require to reach maximum medical improvement from your injuries.

If you cannot work after your accident, you can hold the defendant accountable for the income you were unable to earn due to their negligence or misconduct. Similar to your medical expenses, you have the right to seek compensation for the income lost immediately following the accident and your lost future earning capacity if your injuries prevent you from returning to work in the future. Your Fresno pedestrian accident attorney can help calculate the future income you are no longer able to earn and add this to your claim as economic damages.

Aside from economic damages, the plaintiff in a pedestrian accident case may also seek compensation for the pain and suffering they experienced. There is no limit on pain and suffering compensation in a pedestrian accident case under the state’s personal injury laws. This aspect of your recovery could easily outweigh the total of your economic damages if you suffered any measure of permanent harm from the defendant’s actions. Your Fresno pedestrian accident attorney may seek a large lump sum to reflect the severity of any permanent damage you suffered, or they might seek a per diem settlement based on the time it takes you to fully recover from your injuries.

What to Expect From Your Fresno Pedestrian Accident Attorney

An experienced legal advocate is an invaluable asset when you face a complex personal injury case. Even if fault for your recent accident seems perfectly clear, the actual process of proving liability for the damages you suffered and holding the defendant appropriately accountable can be far more challenging than you may initially expect. When you choose the Law Offices of David Davidi, APLC, to represent your case, you will have instant access to a dedicated legal advocate ready to answer your questions and address your concerns at any time during your case proceedings.

Our firm focuses on the client’s individual needs and always aims for maximum compensation in every case we accept. We will take time to listen to your story and help identify every channel of compensation available to you. We know how damaging and traumatic a pedestrian accident can be, and we will do everything we can to help you recover as fully as the law allows.

We typically aim to settle our clients’ cases as swiftly as possible. It benefits all parties involved in a civil case to settle the matter quickly and avoid the time, stress, and expense that litigation entails. However, if the defendant refuses to settle the case for any reason, we are fully equipped to represent you in litigation if necessary to resolve your case. Ultimately, every plaintiff will face unique challenges as they seek compensation for their damages, and pedestrian accident cases tend to involve substantial losses and complex legal issues for all parties involved. Whatever your case entails, you can trust the Law Offices of David Davidi, APLC, in Fresno, CA to provide compassionate legal guidance through all stages of your recovery efforts.

FAQs About Fresno, CA Pedestrian Accident Law

Is a Driver Always at Fault for a Pedestrian Accident?

All drivers have a duty of care to avoid hitting pedestrians at all times. Whenever a driver hits a pedestrian, the driver is almost always at fault for the accident. However, it is possible for a pedestrian to share liability if they contributed to causing the accident. For example, if the pedestrian crossed the street illegally and stepped directly in front of an oncoming car, giving the driver little to no time to stop, the pedestrian would likely face partial liability for the accident.

Does a Pedestrian Always Have the Right-of-Way?

Yes, pedestrians always have the right-of-way, meaning drivers are expected to yield to pedestrians at all times, even when pedestrians cross streets illegally. Pedestrians are expected to follow crossing indicators and use good judgment when walking near motor vehicle traffic, but they have the right to expect nearby drivers to yield the right-of-way when appropriate.

Do I Need to Hire an Attorney for a Pedestrian Accident in Fresno?

Even if you believe the fault for your recent accident is perfectly clear, do not assume that you can handle your legal proceedings unassisted. The right attorney can make a tremendous difference in the quality of your recovery, and they can also shorten the time it takes you to recover compensation for the losses you suffered. Hiring legal representation may not be a strict requirement for your case, but it will dramatically improve your experience with the claim filing process.

How Long Do I Have to File a Pedestrian Accident Claim in Fresno?

Your recovery from a pedestrian accident will likely start with an insurance claim against the at-fault driver. You only have a few days in which to file your claim, but insurance alone is unlikely to fully compensate your damages. You will likely need to file a personal injury suit against the at-fault driver, and California enforces a two-year statute of limitations on personal injury cases. You need to file your civil suit within this two-year time limit, or you lose your ability to claim compensation from the defendant.

What Will It Cost to Hire a Fresno Pedestrian Accident Attorney?

The Law Offices of David Davidi, APLC, can provide the legal counsel you need with a contingency fee agreement. We will not take a legal fee until we win compensation on your behalf, and our fee will be a percentage of the total amount recovered. Our attorneys’ fees are contingent upon our ability to secure compensation for your damages, and we take nothing if we are unable to win a recovery on your behalf. This billing policy eliminates the risk of facing expensive legal fees that overshadow the amount of compensation you can claim for your damages.

Contact Us

The right attorney can have a tremendously positive effect on the outcome of your pedestrian accident claim in Fresno. Throughout the years of our firm’s operation, the attorneys at the Law Offices of David Davidi, APLC, have helped many past clients secure compensation for their damages, and we can leverage this experience on your behalf. If you are ready to learn how a seasoned Fresno pedestrian accident attorney can empower your recovery efforts, contact us today and schedule a free consultation with our firm.