Did you end up with injuries from being hit by a car or some other accident involving a motor vehicle? Were you a pedestrian at the time, meaning you were traveling on foot on a mobility aid, like a scooter or wheelchair? If so, you should contact a Stockton pedestrian accident injury lawyer as soon as possible. You may be entitled to monetary compensation from the party that injured you, which you can learn about during a free consultation here at Normandie Law Firm.
Our legal experts have the knowledge, skills, and resources to handle your case for injuries to a pedestrian. We are more than prepared to obtain the maximum compensation you deserve by law and ensure that you have the means to move forward with your life. Please reach out to us at your earliest opportunity and talk to a lawyer that can sue for a pedestrian accident.
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Who is Responsible for a Pedestrian Accident in Stockton?
Who is liable when a pedestrian is injured by a motor vehicle? In most cases, it’s the driver of the car, truck, motorcycle, etc., that hit the innocent victim. Perhaps the driver was distracted and not paying attention to their surroundings. Drivers can also drive recklessly and ignore traffic rules that are meant to prevent accidents. Sometimes, people operate motor vehicles while under the influence of alcohol or drugs, and this is another reason for injuries to a pedestrian.
Establishing liability is the key with any compensation claim, which is based on the concept of negligence. The four elements that prove negligence in a lawsuit are as follows:
- Duty – the driver (or some other entity) had a duty of care to you as someone that was on the road, parking lot, etc., at the same time.
- Breach – the party at fault breached their duty of care by acting in a careless or reckless manner
- Cause – the breach in duty by the defendant caused you to be injured.
- Harm – the injuries you sustained caused harm to your health and finances, which gives you the right to seek compensation from the defendant.
Essentially, there is an expectation of mindful behavior that drivers must exercise in order to keep from injuring other drivers, pedestrians, and people on alternative forms of transportation, like bikes and motorcycles. Of course, pedestrians also have a duty to pay attention and follow traffic rules, like using crosswalks and waiting for the light to change before they cross the street. So, in some cases, liability may be shared by both the pedestrian and the driver that injured them. Considering the complexities that are involved, we suggest that you contact a pedestrian accident lawsuit attorney right away.
Common Injuries to Pedestrians
When you are walking along a road, you are vulnerable to a number of catastrophic injuries if you are hit by a car. Pedestrians have no protection from the impact from a vehicle, and this is why they can be killed from an accident, even if the car is traveling at a relatively low speed. Possible injuries you can end up with from a pedestrian accident in Stockton include:
- Neck and spinal cord injuries
- Skull fracture, concussion and other injuries to the brain
- Dislocated joints
- Broken bones
- Deep cuts and abrasions
- Damage to internal organs
- Permanent damage to muscles and nerves
- Excessive bleeding
- Broken hip or pelvis
- Loss of consciousness
- Paralysis
Different forms of compensation may be available to you if your loved one died from a pedestrian accident. By filing a wrongful death lawsuit, you can obtain damages such as funeral expenses, loss of consortium, and pain and suffering. A car accident lawyer in Stockton can advise you of your rights and help you determine the best course of action.
Monetary Damages for Pedestrians that are Injured by Negligence
What kind of compensation is available to you as a victim of injuries caused by someone else? Our legal team will need to learn more details about your accident and the harm you suffered before we can answer this question. For now, let’s take a look at the damages that can be recovered on behalf of pedestrians who were struck by a car or another vehicle:
- Medical expenses
- Lost incomes (wages / salary and lost job benefits)
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damage
- Attorney’s fees
What is the Value of a Pedestrian Accident Case?
The national average for compensation awarded to injured pedestrians is around $30,000 to $100,000. However, California cases tend to have higher values, and the majority of clients we represent end up with $50,000 to $75,000 on average, with some cases resulting in payouts of over $1,000,000.
At the end of the day, the amount you can receive from a pedestrian accident claim can range from several thousand dollars to several million dollars. The calculation of a personal injury settlement is based on variables such as:
- Degree of physical harm: the severity of injuries is the most significant factor in any case value. Pedestrians that are injured by a motor vehicle often have catastrophic injuries like skull fracture and spinal cord damage. If the victim is left permanent disability, the amount of compensation is likely to exceed $500,000.
- Qualifying damages: the payments you are eligible to receive, including emotional distress and other non-economic damages.
- Liability: if it’s clear that the driver is completely or mostly at fault, the case is likely to settle for the highest possible amount. In the event the pedestrian is partly responsible, the potential settlement will be reduced accordingly.
- Documentation: the type and amount of document to support your claim, including medical records, witness statements, and estimates of property damage are essential to recovering a fair amount of compensation.
- Legal Representation: working with a skilled personal injury lawyer is the best way to ensure a successful outcome, whether you settle with the insurance company or take your case to trial.
If I Want to File a Lawsuit, How Much Time Do I have?
As an injured pedestrian, you normally have 2 years to file a lawsuit, starting from the date of the accident. Alternatively, if you suffered an injury that was diagnosed later on, the statute of limitations can start on the date of discovery.
There may be other exceptions that can change the length of time you have for a compensation claim. For example, you may have been injured by a city vehicle or public school bus. Public entities have special protections when it comes to litigation, and this includes a shorter deadline to file a claim for damages. Thus, you will need to locate the liability claim forms for that specific entity (city of Los Angeles, for example) and submit the required paperwork and supporting documents within 6 months. If you fail to file a liability claim within 6 months of the incident, you will permanently lose the right to seek payment.
Contact Normandie Law Firm
Our law firm is dedicated to serving the residents of Stockton and other cities in California’s Central Valley. With decades of experience in personal injury cases, including pedestrian accidents, you can count on us to fight tirelessly on your behalf. We are ready to take immediate action on your case and bring you the highest possible settlement from an insurance claim or lawsuit.
As one of our clients, you are protected by the Zero Fee Guarantee from the moment you contact us. That means you do not pay any fees upfront, and we agree to deduct the cost of representation from your settlement check. Thus, you do not have to worry about the cost of hiring an attorney, and there is no cost to you whatsoever if you do not get paid from an auto accident claim.
For more information on your rights and legal options, contact our law firm to speak to our attorneys during a free case review.
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