Pedestrians face risks whenever they walk in busy metropolitan areas like Modesto. Unfortunately, not all drivers yield the right of way to pedestrians when they should, and other drivers are negligent or intentionally reckless behind the wheel around pedestrians. When a driver hits a pedestrian, they can easily cause catastrophic injuries and extensive economic harm. If you find yourself recovering from a pedestrian accident that someone else caused, it is natural to have lots of pressing legal questions concerning how you will recover from this event.
The Law Offices of David Davidi, APLC, can provide the compassionate and detail-oriented legal counsel you need in this challenging situation. Our firm has helped many past clients recover substantial case awards for their personal injuries in Modesto, including those resulting from pedestrian accidents. These cases often involve substantial damages and life-changing injuries, so it is crucial to approach your recovery process supported by legal counsel you can trust.
It’s possible for many types of negligence behind the wheel to cause a pedestrian accident in Modesto. However, the primary cause of pedestrian accidents in the area and the leading cause of all motor vehicle accidents in the country is distracted driving. Whenever a driver isn’t paying full attention to the road, they put themselves and others at risk. Pedestrians are especially vulnerable to distracted drivers; it is also possible for drivers to hit pedestrians when they commit moving violations like running red lights or performing illegal turns.
Some pedestrian accidents result from intentional misconduct behind the wheel. Drunk driving, reckless driving, and excessive speeding are just a few possible examples of this. When a driver causes an accident through willful and illegal misconduct, they are not only responsible for the civil damages they cause to others but are also likely to face criminal charges for their actions.
Before you can obtain any kind of recovery for your losses from a pedestrian accident, you need to first prove who caused your accident and show exactly how they caused the accident. Your Modesto pedestrian accident attorney will help you accomplish this by gathering various forms of evidence, such as cell phone records and traffic camera footage. In addition, if any witnesses saw the accident, their statements would be invaluable to the plaintiff’s case.
Under state law, whenever a defendant is found liable for a personal injury, the plaintiff can hold them accountable for the full scope of economic damages they caused. In most personal injury claims, the plaintiff’s claimable economic damages are likely to include the following:
Beyond your claimable economic damages, you also have the right to hold the defendant accountable for the pain and suffering they inflicted. California law does not limit non-economic damages in pedestrian accident claims, so there is no cap on the pain and suffering compensation you can seek from the defendant.
Other variables may also affect the final outcome of your case. For example, you could secure even more compensation if the judge overseeing your case deems punitive damages necessary to punish the defendant’s behavior. For example, if the defendant is criminally charged for causing your pedestrian accident, the judge handling their sentencing may include restitution to the victim as part of their penalty. Ultimately, there are many ways you could secure more robust compensation than you initially expected, but it is also possible for other factors to diminish your case award.
A driver may have a duty of care to prevent injuries to pedestrians by always yielding the right of way, but a pedestrian has a responsibility to follow traffic laws and cross the street when and where appropriate. For example, jaywalking is a minor offense for which a pedestrian may be cited if they cross a street illegally. However, if a pedestrian jaywalks directly in the path of an oncoming car, there could be little to nothing the driver can do to avoid a collision.
In the event that jaywalking is a variable in your pedestrian accident claim, the state’s pure comparative fault rule comes into play. Under this rule, the plaintiff loses a percentage of their case award equal to their percentage of fault for causing the damages in question. For example, if a judge rules that the plaintiff is 30% to blame for the accident, they lose 30% of the total compensation recovered from the defendant. When you have an experienced Modesto pedestrian accident attorney representing you, they will know how to minimize any fault percentage you are ultimately assigned, preserving your recovery as much as possible.
A: When you have grounds to file any personal injury claim in Modesto, it’s natural to wonder what you could win in compensation from the party responsible for your injury. Pedestrian accidents often cause catastrophic physical injuries that demand extensive ongoing medical care. You can potentially hold the defendant who injured you responsible for all the medical treatment you require, the income you are unable to earn during your recovery, and your pain and suffering.
A: California law does not cap or limit pain and suffering compensation in pedestrian accident claims. Your Modesto pedestrian accident attorney can help you determine an appropriate amount for your case based on the scope and severity of the damages you suffered. It’s possible to secure a per diem settlement that awards compensation for every day you spend in recovery, or you could win a large lump sum of compensation to reflect the severity of a catastrophic injury. Your legal team will advise you as to what a realistic expectation would be in terms of your claimable non-economic damages.
A: There is a two-year statute of limitations on personal injury cases in the state, so you must file your complaint against the defendant who injured you within two years of the date of the injury. If you do not, you will likely lose your chance to recover compensation. In addition, if you intend to file an insurance claim against the party responsible for your injury, you have an even shorter timeframe in which to do so. Therefore, it’s advisable to secure legal counsel as soon as possible after you receive medical care following your accident.
A: It’s possible for the party responsible for causing a personal injury to face jail time, depending on their actions. If your pedestrian accident resulted from any type of illegal misconduct, the defendant who injured you will likely be prosecuted and could face incarceration as an element of their sentence. Driving under the influence of alcohol or drugs and reckless driving are the most commonly cited causes of pedestrian accidents that can lead to criminal prosecution of the defendant.
A: The attorneys at the Law Offices of David Davidi, APLC, do not charge upfront or ongoing fees during our clients’ cases. Our firm accepts personal injury clients on a contingency fee, so you will not pay anything for our representation until we win your case. Additionally, you will only pay a percentage of your total case award as our fee, and you will keep the remainder. Our billing system ensures that you can secure the legal representation you need when you need it, regardless of your personal financial situation.
The attorneys at the Law Offices of David Davidi, APLC, have years of professional experience handling all types of civil suits on behalf of Modesto area clients, and we are ready to put this experience to work for you. We know you face several significant legal challenges in your pursuit of compensation, and we want to help you approach your case with confidence and peace of mind. To take the first step toward recovering your damages from a pedestrian accident, contact us today and schedule a free case evaluation with a Modesto pedestrian accident attorney.