What is a pedestrian accident?Unlike drivers, pedestrians do not have the protection of metal barriers and safety equipment in a collision. They are vulnerable to serious injury and even death. Unfortunately, children are at particularly higher risk of pedestrian accidents. During the fall and winter seasons, the danger of pedestrian accidents increases because there is less daylight. Pedestrian accidents become more common and so do pedestrian accident claims, as any pedestrian accident lawyer will tell you.
How pedestrian accidents occur?
Generally, pedestrian accidents occur in one of three ways: the pedestrian crosses the street illegally and gets hit; a negligent driver fails to yield to the pedestrian and strikes him or her; or another circumstance, such as bad roadway design, contributes to the collision.
In most cases, the driver is the primary culprit. Common causes of pedestrian accidents include speeding, driving under the influence of alcohol or drugs, fatigued driving, or distracted driving (such as texting while driving).
Below is an overview of all the important elements of pedestrian accident cases and most importantly how to win them.
What to do in a pedestrian accident claim
Whether you have a pedestrian accident lawyer or conduct the case on your own, the most important thing you can do to win a pedestrian accident case is to prove the accident wasn’t your fault.
A pedestrian accident victim can claim the damages for their injuries if someone else’s negligence caused them. The elements of negligence are as follows:
- The defendant owed a duty of care to the plaintiff;
- The defendant breached that legal duty by failing to act as any reasonable person would in similar circumstances;
- The plaintiff was injured as a direct result of the defendant’s breach of duty.
Negligence in a pedestrian accident claim
To determine whether there was negligence in a pedestrian accident, the injured person has to prove that the defendant either did not follow the rules of the road or did not exercise his duty of care. If the pedestrian crossed the road while texting and did not show reasonable care on his part, then it was his negligence that caused the accident. Even then, he may be able to get partial compensation for his damages.
There is another term you need to understand in order to know how to win a pedestrian accident claim. It is the aforementioned “duty of care.” It involves adherence to certain standards of reasonable care when doing things that could harm others. As to the driver’s duty of care, here are some factors which contribute to the driver negligence:
- Distracted driving
- Failing to yield the right of way to pedestrians at crosswalks
- Failing to signal while turning
- Disregarding weather or traffic conditions
Pedestrian accident lawyer in California
If you need a good pedestrian accident lawyer in California, our highly qualified attorneys at Wilshire Law Firm have experience in handling compensation claims for all kinds of pedestrian accidents. We have successfully recovered full compensation for clients with all types of injuries ranging from minor to severe, such as traumatic brain injury, spinal cord injury, amputation injury, internal organ damage, and more.
What distinguishes us from other personal injury law firms is our client-first approach. From the moment you call us to the day your case reaches a resolution, our dedicated legal team gives you the VIP treatment. This means keeping an open line so you can bring your concerns and questions to us whenever you want. This means providing you frequent updates on the status of your case, so you know exactly where you stand. This means catering our services to your unique needs and wants, because not all cases are the same and every single client deserves our utmost attention.
Last Updated: 03-24-2017