Everyday our roads and highways are put to different uses. Passenger vehicles conveying occupants to work, school, or leisure. Commercial vehicles transporting goods from one place to another. And pedestrians are also on the road, carrying on their daily activities. However and for whatever purpose people are on the road, they are expected to abide by certain rules and regulations to promote the safety of other road users. California Highway Patrol data from 2013 to 2017 shows a steady increase in the pedestrian victims killed or injured in California. If you have been injured in a pedestrian accident, you may be entitled to compensation for your injuries. For more information about your rights and legal options, you should speak with an experienced accident lawyer in San Bernardino. If you are looking for a San Bernardino pedestrian accident lawyer, contact Hanson & Mouri at (951) 419-3199 for expert legal support in your case.
For a free consultation with a San Bernardino pedestrian accident lawyer, call the San Bernardino Personal Injury Lawyers at (951) 419-3199 and let our experience work for you.
The most common causes of pedestrian accidents in San Bernardino vary by the party that is at fault. For example:
Other potential causes can involve third-party liability. For instance, dangerous road conditions such as flawed intersections, improper signage, or defective vehicle parts (e.g., brake or tire failure).
The choices you make immediately after a pedestrian accident can significantly impact your ability to recover compensation.
Call 911 and report the accident. Emergency responders will arrive on the scene to treat your injuries and anyone who requires medical care. A police officer will also be present to create an accident report. The police report will contain critical facts and details, such as contact information for the parties involved and any witnesses, the extent of damage and injuries, their impression of what happened, and whom they believe was at fault. This report can weigh heavily in an insurance adjuster’s decision on who was responsible.
If you are not taken to the hospital immediately, see a doctor as soon as possible. Even if your injuries seem minor, severe injuries can have delayed symptoms. In addition, it is critical to have medical documentation linking any injuries and potential injuries to the accident. Finally, follow any instructions for follow-up treatment. If you fail to do so, an insurance adjuster can argue that a gap in treatment means your injuries are not as severe as you claim.
If you can remain at the scene, document as much as possible. Take photos or videos of the following:
Ask the parties involved and any witnesses for their contact information. Witness testimony can be vital in proving fault.
The driver should report the collision to their auto insurance company, or you can file a claim directly with them. However, before speaking to the at-fault party’s insurance company, it is in your best interests to consult a pedestrian accident attorney. Insurance adjusters can seem friendly, but they are not on your side. They may try to take advantage of you by offering a quick settlement upfront. Fast cash can be tempting, but their initial offer will likely be much lower than your case’s actual worth. An attorney can advise you on your rights and the best course of action for recovering full compensation.
Whether you are entitled to compensation for injuries suffered as a result of a pedestrian accident will depend on the particular facts of your case. If you have sustained an injury from a pedestrian accident, you should contact a pedestrian accident lawyer as soon as possible.
In an accident with a bicycle or a vehicle, an injured pedestrian must show that the driver of the vehicle had a duty of care towards the pedestrian and breached that duty. The injured pedestrian must also prove that the breach of duty was the legal cause of their injury and that they suffered losses as due to their injury. The rights and duties provided in the Vehicle Code define the actions that constitute a breach of duty. It is not unusual for a driver to try and blame the victim for their injury to avoid liability.
To succeed in your claim, you need a lawyer who knows the relevant laws and has experience protecting the rights of other pedestrians like you.
The types of compensation available after a pedestrian accident typically include reimbursement for economic and non-economic losses.
Compensation intended to help make a victim financially whole again after an injury:
Compensation for your intangible, subjective losses:
In California, pedestrian accident victims have two years from the date of the collision to file a personal injury claim. This deadline is due to a law known as the statute of limitations. If you fail to file your lawsuit within that period, the court will likely dismiss your case, and you will be unable to recover any compensation. To avoid this costly mistake, speak with an experienced San Bernardino pedestrian accident attorney as soon as possible. They will advise you on protecting your rights and ensure you have a solid case built early on so when you do file, you have the evidence needed to support your claim and recover the compensation you deserve.
The rights and duties of pedestrians in California are contained in the Vehicle Code §21949 – 21971. The rights and duties provide for the safety of all pedestrians, including persons travelling by foot, wheelchair, walker, or stroller.
The Code protects pedestrians but also places a duty on them to ensure their own safety on the road. For instance, vehicle drivers must yield the right-of-way to any pedestrian crossing a roadway within any marked or unmarked crosswalk at an intersection. But, pedestrians must also use due care to protect their own safety. Pedestrians must not constitute an immediate hazard to other road users by running or walking into the path of vehicles in operation or unnecessarily stopping or delaying traffic while in a crosswalk.
Pedestrian accidents can result in severe injuries including traumatic brain injury which may have long-term impact on the victim’s quality of life. The first thing to do after a pedestrian accident is to seek medical care for your injuries. The next thing is to contact a pedestrian accident lawyer who can evaluate your case and commence action to get you the compensation you are entitled to. Hanson & Mouri can help you get full and fair compensation for your injury. Your initial consultation is free so don’t delay. Call us today at (951) 419-3199 to schedule your free consultation.