Davis Pedestrian Accident Lawyer

Few injury victims suffer damages quite as severe as pedestrians. It is not unusual for accident survivors to report debilitating injuries or permanent disability after being struck by a car while walking. Fortunately, having a trial-tested Davis pedestrian accident lawyer from Triumph Law working on your case could make it possible for you to get the financial compensation you deserve while bringing the at-fault party to justice.

When the liable party refuses to compensate you fairly for your losses and suffering, an experienced Davis personal injury lawyer from our firm can help you make them pay. Let’s explore your legal options further when you contact our office to schedule a 100% free consultation. When you do, you can learn more about the value of your insurance and civil claims, who could be sued for your damages, and which laws could have the greatest impact on the outcome of your case.

Pedestrian Crash Injuries and Deaths Wreak Havoc on California Families

While only preliminary data is available for 2023, according to the National Highway Traffic Safety Administration (NHTSA), there were more than 2,000 California traffic fatalities in the first half of 2023. Traffic fatalities have continued to rise annually since 2020. However, compared to the first half of 2022, there has been a 12% drop in California car accident deaths.

If the final six months of data from 2023 are anything like the first six, there will be more than 4,000 total traffic deaths. The state has since taken action to reduce the number of fatalities. California legislation, AB 413, by San Jose democrat and assembly member Alex Lee, is a bill designed to improve California’s intersections. It saw nearly 1,500 deaths caused by speeding alone, according to 2021 data reported from the UC Berkeley Safe Transportation Research and Education Center. NHTSA data show that approximately 36% of all collisions occur at intersections, where pedestrians may be waiting to cross.

Another piece of legislation designed to reduce the number of traffic deaths is AB 645. This bill, authored by Laura Friedman, a Glendale Democrat, is designed to utilize speed cameras to reduce instances of driving over the speed limit until 2032. However, this is limited to nearby Glendale, Long Beach, Los Angeles, San Jose, San Francisco, Oakland, and San Francisco County.

How to Advocate for Maximum Compensation After a Pedestrian Accident

Your pedestrian accident lawyer in Davis will act as your strongest advocate throughout the claims process. With injuries as serious as yours, you will likely need to consider every opportunity available to you. Generally, these include filing insurance claims or bringing your case to trial.

File a Claim Against the Liable Party’s Insurance Policy

California follows fault insurance laws as described by the Department of Insurance. The liable party should have auto insurance coverage in place. You can generally begin by filing a claim against their personal auto insurance policy.

Tap Into Your No-Fault Insurance Coverage

If you have no-fault insurance coverage and the liable party’s insurance settlement is not enough, you may need to consider other options. According to the Insurance Information Institute (III), no-fault coverage, also called personal injury protection (PIP), covers certain types of damages no matter who is responsible for the accident. However, filing a no-fault insurance claim could increase the amount you pay in premiums.

Demand Justice Through a Personal Injury Lawsuit

Insurance may not be enough to cover your damages in full. When this happens, prepare to bring your case to trial. In court, you could be awarded compensation for one or more of the following economic and non-economic damages:

• Emotional distress
• Lost wages
• Medical expenses
• Loss of future potential earnings
• Pain and suffering
• Disfigurement and skin scarring
• Personal property damages

Speak to an experienced attorney today to see how damages are calculated in personal injury claims. 

Essential Pedestrian Accident Laws You Should Be Aware Of

There are multiple pedestrian accident laws you should be aware of if you are hoping to hold the liable party accountable. These laws could have a significant impact on your ability to pursue your claim. However, they could also impact the amount of compensation you could be awarded.

Pedestrian Right of Way Laws in Davis

Pedestrians in Davis have the right of way if they are in a crosswalk according to California Vehicle Code §21954. Pedestrians should wait until they are given the “walk” signal after pushing the request to cross button. Pedestrians may face shared liability claims for jaywalking under California Vehicle Code §21955.

Pure Comparative Negligence Laws

California is a pure comparative negligence state under California Civil Code §1714(a). This means sharing blame does not bar you from financial recovery. Instead, expect your settlement to be reduced by how much blame you are designated.

The Personal Injury Statute of Limitations in CA

The statute of limitations for pedestrian accident lawsuits in California is two years from the accident date in most cases, according to the Judicial Branch of California. This deadline could be paused until minor children reach the legal age to pursue a claim or victims are diagnosed with injuries related to the accident. Missing the deadline could mean your case is barred from being tried in civil court.

California Auto Insurance Requirements 

According to the California Department of Insurance, all motorists in California are required to have certain auto insurance coverage minimums on their motor vehicles. Failure to carry the appropriate amounts of auto insurance coverage could result in citations and civil liability. The state minimum auto insurance requirement amounts include:

• $15,000 per person in bodily injury liability coverage
• $30,000 per accident in bodily injury liability coverage
• $5,000 per accident in property damage liability coverage
• $15,000/$30,000 in uninsured or underinsured motorist bodily injury liability coverage
• $3500 in uninsured or underinsured property damage liability cover
• $2000 in medical payments

Work with Your Pedestrian Accident Lawyer in Davis on Contingency

California mandates how contingency agreements can be handled under Rule 1.5 Fees for Legal Services by the California Bar Association. Here, you will not need to compensate your pedestrian accident attorney in Davis from Triumph Law unless we win your case. Since we work on contingency, payment for our services is contingent on winning your case.

Get Help from a Davis Pedestrian Accident Lawyer Today

Do not allow yourself to become a victim twice. After suffering catastrophic injuries caused by someone else’s negligence, you have been through enough. That does not mean the liable party will accept responsibility for their negligent actions and compensate you fairly without putting up a fight.

You can make them pay when you turn to a reputable Davis pedestrian accident attorney from Triumph Law. Our firm conducts comprehensive investigations and builds powerful personal injury claims against irresponsible and negligent parties. Start working on your lawsuit as soon as today by calling our office or completing our online contact form to schedule a free, no-obligation consultation.