Sacramento Pedestrian Accident Lawyer
Common Pedestrian Accident Injuries
When a pedestrian is struck by a car, the damages can be severe. Because a pedestrian is not protected by a seatbelt, airbags, or vehicle frame, or a helmet (in most cases), it is the pedestrian’s body that absorbs the force from the crash. This means that injuries are usually catastrophic or fatal. Common types of injuries in pedestrian accidents include:
Traumatic brain injuries. A traumatic brain injury, or TBI, most commonly happens when the head is hit with an object or when the skull is penetrated with an object. In a pedestrian crash, this can happen if the vehicle actually makes contact with the pedestrian’s head, or when the head hits the ground. TBIs can cause long-term complications to language, emotion, processing, memory, speech, learning, sensation, and more. call our Sacramento pedestrian accident lawyer for immediate help with your case.
Spinal cord injuries. Another incredibly catastrophic injury that is common in a pedestrian accident is a spinal cord injury. When a pedestrian suffers a spinal cord injury, they will likely be paralyzed from the site of the injury downwards for life. Spinal cord injuries happen when the spinal column is hit with enough force that it is unable to protect the spinal cord--the bundle of nerves that runs the length of the spine.
Internal injuries. If a pedestrian is hit with force or run over, their internal organs could be severely harmed. Internal bleeding and damage to organs can be fatal. Call our Sacramento pedestrian accident lawyer for immediate help with your case.
Bone fractures and soft tissue injuries. It is very common for a pedestrian who is involved in a crash to suffer bone fractures or/and soft tissue injuries, even if the crash is relatively minor and does not result in catastrophic injuries. Wrist, elbow, and collarbone fractures are especially common, as the pedestrian may place their arm out in an attempt to break their fall when hit.
Psychological injuries. The above injury types are just a handful of common injuries; bruises, lacerations, amputation injuries, road rash injuries, and more are all possible too. In addition to physical injuries, pedestrians may develop psychological distress following a crash. This usually takes form in the shape of post-traumatic stress disorder, depression, or/and anxiety. Call our Sacramento pedestrian accident lawyer for immediate help with your case
Types of Damages Recoverable in a Pedestrian Accident Injury Claim
It is very important that a pedestrian who is involved in a crash recover the compensation that they need and deserve to pay for their costs moving into the future. When a pedestrian accident happens as a result of the fault of another party, the pedestrian can hold that party liable for the damages that result. In a personal injury claim in California, pedestrian injury compensation should be reflective of the total value of damages suffered. Types of damages that may be recoverable in your pedestrian injury accident claim include:
Medical costs and future medical expenses. The bulk of a pedestrian’s expenses following a pedestrian accident may very well be in the form of medical expenses. A pedestrian can seek compensation for all of their medical expenses, as well as future expenses that they expect to incur, such as the value of future surgeries, medication costs, rehabilitation costs, etc.
Lost wages and lost earning capacity. When injuries are severe, they will likely prevent a pedestrian from returning to work, resulting in lost wages. Sometimes, a pedestrian is permanently impaired and unable to work, resulting in a loss of benefits, too. A pedestrian who is injured and suffers lost wages can seek compensation for the full value of their lost wages and lost earning capacity, including future wages they expected to earn over the course of their lifetime.
Property damage costs. If any of the pedestrian’s property was damaged during the accident--for example, if the pedestrian was wearing a backpack with a laptop that was destroyed in the crash--then the pedestrian can seek compensation for these losses, too.
Physical pain and suffering. In addition to economic damages, an injured person can also seek noneconomic damages in a pedestrian accident claim, including damages for the value of one’s physical pain and suffering.
Emotional distress. Compensation for emotional distress is another type of noneconomic damage that’s recoverable in a crash.
Diminished quality of life and other noneconomic damages. Finally, a pedestrian can seek compensation for their diminished quality of life and any other noneconomic damages they have suffered, including the value of psychological injury.
The above types of compensation are relevant to pedestrians who have been involved in non-fatal pedestrian accidents in Sacramento. If you are the loved one of someone who has been killed in a fatal pedestrian crash, our Sacramento pedestrian accident lawyer can help you, too. Our Sacramento pedestrian accident lawyer will advocate for your right to recover the full value of economic and noneconomic damages, including lost wages, medical expenses incurred before death, funeral and burial expenses, and the loss of care and companionship of your family member.
Determining Fault in a Pedestrian Accident Case
While all pedestrians may need financial compensation after a crash to help them pay for their injuries and support their futures, the reality is that fault can play a big role in whether or not a pedestrian is able to successfully file a personal injury claim. California is an at-fault state, which means that when an accident occurs, the party who is at fault is responsible for paying for it. As such, if a pedestrian is found to be at fault for their injuries--say, for example, that a pedestrian ran out into the middle of traffic unexpectedly--then they won’t be able to hold another party liable for their damages.
In many cases, the driver who hit the pedestrian is found to be at fault and is therefore held liable, or legally responsible, for the damages that result from the crash. But this is not always the case, and it’s unwise to assume that a driver is always at fault. Even in cases of pedestrians hit by cars in crosswalks, the drivers involved aren’t necessarily at fault. In order to determine fault, a thorough investigation must be opened.
When determining fault, our Sacramento pedestrian accident lawyer, accident reconstruction experts, and the insurance adjusters assigned to the case will consider things such as:
Did the pedestrian have the right of way?
Was the pedestrian crossing in a marked or unmarked crosswalk?
Did traffic/walk signals indicate that the pedestrian could proceed?
Was the pedestrian distracted, impaired, or otherwise acting negligently?
Was the driver involved distracted, impaired, or otherwise acting negligently?
Would the pedestrian accident have been avoided but for the actions of the driver? Or but for the actions of the pedestrian?
If the pedestrian was acting within the scope of the law--for example, crossing when they had the lawful right of way to do so--and there is no evidence that the pedestrian was acting negligently, then the driver will likely be found 100 percent liable. However, in some cases, fault may be shared by both parties.
When fault is shared amongst two or more parties in California, the rule of comparative negligence applies. The comparative negligence rule in California holds that if a plaintiff (the victim/pedestrian) is found to be partially at fault, they can still recover compensation from the defendant (the driver); however, the plaintiff’s recoverable damage award will be reduced in proportion to their degree of fault. So, if a pedestrian is found to be five percent at fault for a crash because they were distracted when they entered the intersection, they can only hold the driver who hit them liable for 95 percent of their total damages award.
Frequently Asked Questions About Pedestrian Accidents in Sacramento
Our Sacramento pedestrian accident lawyer can answer your questions about pedestrian accidents and what to do after a pedestrian crash. Some of the most common questions that we receive, and their answers, are listed below.
What is the average pedestrian injury settlement? It’s unwise to think about the average pedestrian-hit-by-car compensation award and compare this to your case, as pedestrian-hit-by-car settlements vary on a case-by-case basis. Pedestrian injury compensation will be based on a number of different factors, including the degree of fault of each party, the amount of damages suffered, and the sources of compensation available. Call our Sacramento pedestrian accident lawyer for immediate help with your case
What should I do in a pedestrian-hit-by-drunk-driver crash? Being hit by a drunk driver is horrific. If you are hit by a drunk driver and suffer severe injuries, or if you are the loved one of someone who has been severely injured or killed by a drunk driver, it’s important that you retain the counsel of an attorney as soon as possible. One important thing to know about a pedestrian injury claim that involves a drunk driver is that you will not need to prove that a driver was actually drunk or had a BAC of .08 percent or higher; you will only need to prove that the driver was behaving negligently and that the crash would not have occurred but for the driver’s negligence. A skilled Sacramento pedestrian accident lawyer can help.
How much time do I have to file a pedestrian accident personal injury claim? A pedestrian has two years from the date of their accident to file a lawsuit against the at-fault party. If more than two years pass, then the statute of limitations in California has been breached and the pedestrian will be barred from recovery. Call our Sacramento pedestrian accident lawyer for immediate help with your case.
Will my case settle out of court? In most cases, the statute of limitations is not relevant because filing a lawsuit won’t be necessary; the majority of pedestrian accident claims settle out of court. However, in particularly complex claims where fault is disputed or the amount requested by the plaintiff is high, litigation might be necessary. Call our Sacramento pedestrian accident lawyer for immediate help with your case
How do I recover compensation in a pedestrian hit-and-run crash? Recovering compensation in a hit-and-run crash can be extremely frustrating, as the driver who hit you may never be located or, if they are located, may not maintain liability insurance coverage to pay for your injuries. When this is the case, your own insurance policy may apply. Additionally, there may be ways to negotiate with various parties, such as the hospital, to have certain bills forgiven. There may also be other sources of compensation available. Working with a Sacramento pedestrian accident lawyer can help you to identify all possible avenues of recovering compensation when the at-fault driver does not have insurance or enough insurance to pay for your losses. Contact our skilled Sacramento pedestrian accident lawyer for immediate help with your case.
Reach Out to Our Sacramento Pedestrian Accident lawyer Directly Today
In a matter of seconds, a life can be totally and permanently changed by being hit by a car. Tragically, most pedestrian accidents not only result in severe or fatal injuries, but are also completely preventable and would not occur but for drivers’ negligence and carelessness. At the office of Cutter Law, P.C., our Sacramento pedestrian accident lawyers will help you to seek compensation and justice when you have been harmed by another’s actions. We represent pedestrian accident victims and families who have lost loved ones in pedestrian accidents. Our Sacramento pedestrian accident lawyer always provide free consultations and work on a contingency fee basis. For your first consultation with one of our Sacramento pedestrian accident lawyer, please call us our Sacramento pedestrian accident lawyer directly today or send us a message online at your convenience. We are here to advocate for you.