California Pedestrian Accident Lawyers
California is a scenic state with beautiful weather, which makes it ideal for residents and tourists to walk to their destinations. Though pedestrian accidents do not tend to make headlines, they happen far more frequently than many people realize and their results can be devastating.
According to reports, in the last 10 years, the number of pedestrian fatalities has increased, even while other types of traffic fatalities decreased. Unfortunately, the decision to walk can have fatal consequences when motorists are not paying attention to their surroundings and wind up hitting a pedestrian.
Attorneys at Cutter Law are highly experienced in pedestrian accident lawsuits and have extensive knowledge in managing pedestrian injury claims.
Our extremely skilled injury attorneys have a proven record of recovering large settlements and awards on behalf of our personal injury clients and have the resources to thoroughly investigate your claims and maximize your compensation.
How can a pedestrian accident attorney help?
Most victims are unsure about the specific requirements of a civil legal claim. That is why it is so critical to reach out to an attorney after a pedestrian accident.
When you contact one of the skilled legal professionals at Cutter Law, we will oversee the following elements of your accident case:
- Collecting relevant evidence to bolster your legal claim
- Determining legal liability in your injury claim
- Accurately calculating the value of your case
- Negotiating forcefully with insurance companies
- Researching relevant statutes and laws
- Filing litigation if negotiations fail
In the aftermath of a pedestrian injury, victims should be able to focus on their physical health and recovery. Hiring an California pedestrian accident lawyer will ensure that you have the best chance of recovering the maximum financial compensation possible.
How long do I have to file a lawsuit after an accident?
Every state determines how long pedestrian accident victims have to file a legal claim. This legally mandated time limit is called a “statute of limitations.”
Failing to file a lawsuit before the statute of limitations expires will result in your claim being dismissed. When you hire a knowledgeable pedestrian accident lawyer, they will file all of the required legal paperwork within the relevant time period.
In the state of California, personal injury victims must begin the process of filing a lawsuit within two years of the incident. Do not allow a negligent motorist to be left unaccountable because your lawsuit was not filed within the statute of limitations.
Damages Available to Injured Pedestrians in California
When a pedestrian is struck by a moving vehicle or otherwise injured in a collision, they might sustain massive amounts of damage. The harms that result from a pedestrian accident can be both monetary and personal in nature.
No matter what types of outcomes you have experienced in the wake of your pedestrian collision, you deserve justice. The monetary payments meant to make up for the harms from a crash are known as “damages.”
A trusted pedestrian accident attorney can help you to recover damages in your case. Most tort claims involve two main categories of damages. They are known as economic and non-economic damages.
Explaining Economic Damages
This type of financial compensation is intended to return the accident victim to their previous economic status. In other words, economic damages make up for the injured person’s direct monetary expenses related to the accident.
Common examples of economic damages in California pedestrian accidents include:
- Current and past medical expenses
- Anticipated future medical care needs
- Lost income and missed wages from an inability to work
- Permanent or long-term decreases in earning capacity
- Associated property damage
Victims of pedestrian accidents usually underestimate the amount of money required to meet the resulting financial obligations from an injury. A knowledgeable attorney will ensure that you pursue the maximum amount of economic damages possible in your case.
Explaining Non-Economic Damages
Some of the most devastating consequences of traffic accidents and injuries do not cause victims to experience financial losses. Many of the worst outcomes for pedestrian accident victims are personal, emotional, and psychological.
Monetary compensation for these types of losses is known as “non-economic” damages. These are also called “general” damages.
Some of the typical examples of non-economic damages in pedestrian injury claims include compensation for:
- Psychological distress and anguish
- Anxiety, panic attacks, and depression
- Partial or total disability
- Disfiguring injuries or scarring
- Physical pain and suffering
It can be difficult to calculate an accurate amount of non-economic damages in a pedestrian accident case. You cannot check receipts and invoices for non-economic damages, so insurance companies often try to undermine these payments.
Do not let this happen in your case. When you contact the skilled team at Cutter Law, we will carefully review the relevant circumstances of your case.
Our injury lawyers will pursue the maximum non-economic damages in your tort claim. Victims deserve financial repayments for these intangible harms that injuries cause.
Who may be liable in a pedestrian accident?
Drivers have a responsibility to obey traffic laws and to be aware of the safety of other motorists and pedestrians. Those who are derelict in this duty can do irreparable harm to themselves and those around them.
While pedestrians do have a duty to be aware of their surroundings and make themselves as visible as possible, unfortunately, many get struck by careless or distracted drivers anyway. Any driver who ignores traffic laws or demonstrates severe carelessness in operating their vehicle could be found negligent in the eyes of the law.
In order to receive compensation when making a pedestrian accident claim, you must prove that the driver at fault was negligent in their operation of the car and that the damages you sustained were a result of that negligence. The parties who could be found liable in such cases include:
- The driver
- The driver’s insurance company
- Companies that contract drivers
- Automobile or parts manufacturers
It’s also possible that more than one of these parties could be held liable. The right attorney will help you determine from whom you can seek damages.
What if I was partially at fault for my pedestrian accident in California?
In some pedestrian accidents, the victim bears some of the fault for the incident. California operates on a “comparative fault” approach to motor vehicle accidents.
According to California’s comparative negligence law, if you bear some of the responsibility for the accident in which you were injured, your recovery will be adjusted to reflect your level of liability. For instance, suppose that you were 10% responsible for an accident resulting in $100,000 in damages.
In this case, you would only be able to recover 90%, or $90,000, in compensation. Speak with a skilled attorney to discuss the question of liability in your case.
What is the cost of a pedestrian accident lawyer?
Trusted personal injury lawyers are paid through contingency fees. This means that a portion of the recovery from your pedestrian accident case will be allocated to cover attorneys’ fees.
In other words, accident victims should not have to pay anything unless they receive the financial damages that they are rightfully owed.
Pedestrian Injuries in Oakland and Sacramento
When pedestrians are involved in traffic accidents they are at high risk for debilitating injuries. Unlike the people in vehicles, pedestrians are not protected by airbags and other devices to minimize their harm. Vehicles often hit pedestrians with a great amount of force and even with less force the sheer size and weight of a vehicle can cause permanent injuries.
Among injuries typical of a pedestrian-motor vehicle accident:
- Spinal injuries
- Traumatic brain injuries
- Whiplash
- Concussion
- Crush
- Broken bones
- Internal injuries
- Disfigurement
- Scarring
These injuries are often long-term or permanent and require expensive medical care and treatment. They may affect your ability to work and your quality of life, putting your financial and emotional health in jeopardy.
Causes of Pedestrian Traffic Accidents
There are many circumstances that can result in a pedestrian hit by a car. All too often, it is the result of drivers being negligent and failing to use due care or caution when behind the wheel.
While pedestrians must do what they can to ensure their safety, there are sometimes factors beyond their control that result in harm. Because vehicles travel so quickly, it can be difficult for pedestrians to move out of the way of a vehicle that makes a sudden movement.
Some factors that lead to a vehicle hitting a pedestrian:
- Driving while impaired
- Speeding
- Distracted driving
- Failure to yield the right-of-way
- Failure to see the pedestrian
- Failure to stop at a red light
What makes Cutter Law the best choice?
The attorneys at Cutter Law have a reputation for excellence. Our firm has been locally and nationally recognized for our defense of victims’ rights.
In one recent successful case, attorney John Roussas secured $678,000 in compensation for a victim of a pedestrian accident. This claimant sustained damage to their knee and pelvis after being struck by a vehicle.
Contact Cutter Law Today
Do not let the statute of limitations on your pedestrian accident case expire. Reach out to the dedicated legal team at Cutter Law.
When you hire our firm, you can rest assured that your accident or injury case is in good hands. We will fight diligently to pursue the maximum financial compensation possible in your case.
Contact our office today to schedule a free legal consultation to discuss the facts of your pedestrian accident case. Let Cutter Law work for you!
California Pedestrian Accident Statistics
In the past 10 years, the number of pedestrian fatalities across the US and in California has risen. According to the Governors Highway Safety Association, in its preliminary report on 2017 pedestrian traffic fatalities, the number of pedestrian deaths increased by 27 percent from 2007 through 2016, even though all other traffic fatalities in the same period decreased by 14 percent.
From the same report:
- In 2016 pedestrian deaths accounted for 16 percent of all traffic fatalities, the highest percentage since 1983
- Los Angeles County had the highest number of pedestrian fatalities in the US, with 265
- San Diego County had 71 pedestrian traffic fatalities, putting it at seventh on the list
- Orange County had 63 fatalities, putting it at tenth on the list
- California was the state with the most pedestrian deaths from Jan. to June 2017, with 352
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401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
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Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
