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Contact Us NowIt only takes a moment for your life to be changed, possibly forever. If you have been the victim of a pedestrian accident, you already know how quickly a normal day can turn into one you will never forget. While the impact of an accident can never be entirely erased, a personal injury lawsuit could help provide compensation for your losses, a sense of justice, and some closure.
A Fallbrook pedestrian accident lawyer could help you sort through the details of your case and decide what to do next.
A personal injury lawsuit often hinges on the concept of fault. In general, the person at fault for an accident is responsible for covering the cost of resulting damages. In a pedestrian accident, fault is assigned based on negligence, or a failure to practice reasonable care given the specific circumstances of the incident.
The California Vehicle Code (CA CVC) states that drivers have an expected duty of care regarding pedestrians sharing the roadways. In particular, CA CVC § 21950(a) asserts that drivers must yield to pedestrians on crosswalks at intersections regardless of whether they are marked.
While CA CVC § 21954(a) makes it clear that pedestrians must yield to cars when crossing a roadway outside of a crosswalk, drivers are not relieved of their duty of care when a pedestrian fails to follow all regulations. Pedestrian accident cases also take into account the driver’s adherence to speed limits and reckless driving laws, including laws against distracted and intoxicated driving.
If the driver of a vehicle is found to be partially or completely at fault in a pedestrian accident, they can be held responsible for the resulting damages. A Fallbrook lawyer could work with you to determine fault in your pedestrian accident.
Often, accidents are the result of multiple decisions, and those involved may all share some degree of fault. For example, if a pedestrian walked against a traffic light while a driver was speeding, both individuals could be found partially at fault for the resulting accident.
California uses the concept of comparative negligence, meaning the driver can be held financially responsible for losses even if they are only partially responsible for the accident itself. An individual’s overall financial responsibility will be comparable to their percentage of fault. For example, if the total losses are $10,000 and the driver is 30% responsible, they could be required to pay $3,000 (30% of the total). If you were partially at fault for your pedestrian accident, a Fallbrook attorney could help establish what compensation may be available to you.
A pedestrian accident lawyer in Fallbrook could gather evidence to determine whether there is enough to support a personal injury case. If so, your lawyer could help file the case and negotiate, usually with the driver’s insurance company, for a settlement. This settlement amount will be based on the total calculation of losses, including medical bills, lost wages, and pain and suffering.
If a settlement offer is made, your lawyer will advise you on whether or not to accept it. If needed, they could represent you in court, presenting the evidence to a jury to support a ruling in your favor.
Our Fallbrook pedestrian accident lawyer is here to listen to your story and help you make the right decision regarding your case. At Lathrop Law Firm, we understand the challenges you may be facing, and we give each of our clients the care and attention they deserve. Call today to speak with our team and seek closure for your case.