Pedestrians throughout the busy metropolitan areas of California face many risks any time they walk around active traffic. While most pedestrians in the Stockton area are able to reach their destinations safely, some are not so fortunate and suffer extreme injuries due to the negligence of others. If you or a family member recently sustained injuries in a pedestrian accident caused by another party, a Stockton pedestrian accident attorney is the ideal resource to consult to determine your most viable recovery options.
The team at the Law Offices of David Davidi, APLC, has years of professional experience representing clients in all types of personal injury cases in Stockton, including those arising from pedestrian accidents. If another party is responsible for harming you, you have the right to seek accountability and compensation for your damages. Our team can guide you through the difficult proceedings ahead so you can recover from your injuries with peace of mind. You have a limited time to pursue your compensation, so it is vital that you connect with our team as soon as possible to have the greatest chance of success with your case.
Before you will be able to recover any compensation for your damages from a pedestrian accident, you must be ready to prove how those damages happened and identify the party responsible. Pedestrian accidents most often occur because of negligence, or failure to use reasonable care in a given situation. Distracted driving, speeding, and moving violations such as running red lights are some of the most common examples of negligence that can cause pedestrian accidents.
It is also possible for this type of accident to happen because of illegal misconduct, and driving under the influence (DUI) of alcohol or drugs is a prime example of this commonly cited law. If the driver who hit you did so while breaking the law, they not only face liability for the damages they inflicted but also criminal prosecution from the state. Penalties for breaking the law increase significantly when the defendant has injured or killed someone, and this can also lead to the victim receiving punitive damages or restitution alongside their other claimed damages.
Your Stockton pedestrian accident attorney can help gather the evidence you will need to firmly establish fault for the accident you experienced. This evidence is likely to include traffic camera footage if any cameras were positioned near the area where the accident happened, the at-fault driver’s cell phone records if you must prove they were distracted by their phone when they hit you, or testimony from witnesses who saw the accident happen firsthand. Once you prove the exact cause of your pedestrian accident, you can proceed with claiming compensation for the resulting damages.
The main objective of your pedestrian accident case is to hold the defendant accountable for the damages they inflicted. The average plaintiff will be able to claim several types of economic losses, including:
The average plaintiff should be able to identify immediately recognizable damages like hospital bills and lost income, but they are likely to struggle when it comes to assessment of their long-term damages, such as lost future earning capacity. Your Stockton pedestrian accident attorney can not only be invaluable for accurately determining the full extent of your claimable economic damages but also for their help when it comes to claiming pain and suffering compensation.
California’s personal injury statutes allow a plaintiff to claim financial compensation for the physical pain and emotional distress a defendant inflicted. There is no limit to how much they can claim, but the amount sought must be a reasonable reflection of the overall severity of the harm they suffered and the extent of long-term damages they face due to the defendant’s actions. Your attorney may aim for a large lump sum of pain and suffering compensation for you if you suffered catastrophic injuries resulting in permanent disability. Alternatively, if you are expected to make a full recovery in the short term, they may opt for an amount based on how long it takes for you to recover.
The Law Offices of David Davidi, APLC, will work closely with you to help maximize the compensation you win from your pedestrian accident claim. You must file your claim as soon as possible to ensure the reliability of evidence needed to prove fault and to meet the statute of limitations for your case. Our firm is standing by to assist with your recovery efforts.
In all areas where pedestrian traffic is permitted, drivers are expected to always yield the right-of-way to pedestrians. This not only means following traffic signals and allowing foot traffic to pass as intended but also yielding to pedestrians who cross streets illegally. It is possible for a pedestrian to face shared fault for their accident if they illegally crossed a street and stepped directly in front of an oncoming driver who had no time to stop or swerve to avoid hitting them.
Proving liability for your pedestrian accident is an essential first step in recovering your losses. Your Stockton pedestrian accident attorney can help secure traffic camera footage, eyewitness statements, driver cell phone records, and any other evidence you may need to prove fault for your accident. They will also help prove the full extent of the harm you suffered from the incident, increasing your chances of maximizing your recovery.
California upholds a pure comparative fault rule that comes into play in any civil claim for damages in which multiple parties share fault for those damages. If a pedestrian is found partially to blame for causing their accident, they will have a fault percentage assigned to them by the judge overseeing the case. This percentage is then taken from their final case award as a penalty. For example, 10% fault in a $100,000 claim would mean losing $10,000 of the case award.
It is technically possible to file a personal injury claim without hiring legal counsel, but this is exceptionally challenging and unlikely to yield the same results a seasoned Stockton pedestrian accident lawyer could secure for their client. If you try to handle your case alone, you would be forced to contend with the procedural requirements of your case while also managing your recovery from your injuries. The right attorney can streamline your proceedings and shorten the time it takes you to recover your damages; they can also uncover various avenues of compensation you may not have known were available to you.
It’s understandable to be worried about the potential cost of legal representation if you are already struggling with the economic impact of your recent accident. However, the Law Offices of David Davidi, APLC, can provide the legal representation you need without adding to your financial concerns. We take personal injury cases on a contingency fee basis, meaning you will only pay a legal fee if and when we win your case. The contingency fee is a percentage of the total compensation we win for you, so there is no risk of your legal counsel costing more than you win in compensation for your damages.
The attorneys at the Law Offices of David Davidi, APLC, have years of experience helping clients in Stockton and surrounding communities with all types of civil claims, including pedestrian accident suits. We know you are likely struggling with complex and painful injuries and have many questions when it comes to how you can recover from your losses. The sooner you reach out to our team, the more time we will have to build your case, so contact us today and schedule a free consultation with a Stockton pedestrian accident attorney to learn how our firm can assist you in your recovery efforts.