From hit-and-run accidents to side-swiping and curb-jumping accidents, pedestrians are among some of the most vulnerable when it comes to the injuries they sustain when involved in an accident. If you’ve suffered injuries due to a pedestrian accident, you must get the medical attention you need as soon as possible.
From there, it’s important you understand these five things about pedestrian accidents. Then reach out to a passionate, experienced personal injury attorney to discuss your options.
1. You have the right to compensation after a pedestrian accident.
California law provides you with the right to seek compensation against individuals who cause you harm due to their negligent behavior. This right applies in all injury cases, including pedestrian accidents.
The types of financial compensation you can seek will depend on the specific facts of your case. Speak to an experienced personal injury lawyer about whether the following types of damages apply in your case:
- Medical bills (physical and psychological)
- Short or long-term care bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Rehabilitation costs
2. California law takes your actions into account when apportioning blame.
You must use reasonable care when walking. Failure to use reasonable care means you were negligent and have some blame in your accident.
For instance, were you walking at night without a flashlight or reflective clothing? Did you cross at a crosswalk when the “don’t walk” signal was up? These are just a couple of examples of negligent behavior that can affect how much you may be able to recover in a personal injury lawsuit against the driver.
3. The term “pedestrian accident” applies to more than people who were out walking.
If a driver hit you while you were walking, jogging, running, riding a skateboard, rollerblading, using a wheelchair or other assistive device, or even sitting, then you are considered a pedestrian and California’s pedestrian accident laws apply.
4. The term also applies to accidents that do not involve vehicles.
When you hear the term “pedestrian accident,” you most likely think of accidents involving walkers and drivers of motor vehicles. That’s only one aspect, however. Pedestrian accidents also involve claims where pedestrians suffered injuries due to broken sidewalks, negligently maintained parking lots and related issues.
In such cases, the at-fault party isn’t an individual but is instead a property owner, business, city or other municipality, or another third party.
5. There is a time limit for filing a pedestrian accident lawsuit.
In general, you have two years from the date of your pedestrian accident to file your lawsuit. That said, it is incredibly important to contact an experienced personal injury attorney as soon as possible after your accident so you can preserve evidence and begin building your case.
Contact a Personal Injury Lawyer if You’ve Been Hurt in a Pedestrian Accident
Do not face a pedestrian accident lawsuit without the advice and assistance of a dedicated personal injury attorney. In California, call on the Law Office of Daniel H. Rose for compassionate advocacy and knowledgeable guidance. Request your complimentary consultation today by contacting our firm at 415-946-8900.