Being struck by a vehicle while walking or cycling can leave you facing numerous challenges, from ongoing medical treatment to getting your daily life back in order. At Triumph Law, our pedestrian accident attorneys understand this all too well and are here to help navigate what comes next.
Our personal injury lawyers have spent decades dedicated to assisting clients involved in collisions with automobiles. We know the insurance companies will try to minimize or deny the extent of injuries. That’s why we make it our mission to get you the maximum settlement possible to cover your medical bills, missed work, and long-term needs.
Whether the issue is determining fault, proving long-term effects, or negotiating with insurance companies, you have nothing to worry about with our team in your corner. Let us handle the stressful legal process so you can focus fully on recovery.
What to Do Immediately After a Pedestrian Accident
Your health is the main priority following an accident, but your financial stability quickly becomes a concern as hospital bills begin to pile up from missed work and medical treatment. No one who is hurt due to the negligence of another deserves to pay for their recovery.
To ensure that you obtain the highest possible settlement, the following steps should be taken immediately after your pedestrian accident:
Contact the Police
Unfortunately, the growing problem of distracted driving and driving while impaired are common factors in most pedestrian accidents. Such components demonstrate forms of negligence that are against the law and can greatly improve your probability of winning a larger settlement for your losses. The authorities will create an official record of the accident investigation with invaluable details.
Collect Evidence
Evidence from the accident scene is cleaned up rather quickly and may even be mishandled. Evidence collection, such as taking photos or videos of the scene or gathering witness statements or other pertinent information, is a critical component of validating a claim.
Get a Medical Examination
Getting medical attention as soon as possible after an accident is crucial to your case. Even if you are not exhibiting any symptoms or have any serious wounds, see a doctor as soon as you can.
Receiving medical care is not only a health precaution, but it also gives a medical practitioner the opportunity to document injuries that are not immediately obvious to the untrained eye. To make sure your condition doesn’t get worse, the hospital will evaluate you and run tests. It is always best to seek medical care immediately following an accident.
Contact an Attorney
Legal representation can make all the difference in your case. A pedestrian accident lawyer can begin gathering critical evidence and offer you sound guidance from the very beginning.
Injuries We Commonly Claim
Here are some common types of injuries that are often involved in pedestrian accident claims:
- Fractures: Broken bones, especially leg, ankle, pelvis, and arm fractures, are very common in pedestrian accidents.
- Head injuries: Traumatic brain injuries, concussions, and skull fractures due to impact with the vehicle.
- Back Injuries: Disc herniations, pinched nerves, and paralysis due to spinal cord injuries
- Internal injuries: Severe injuries like damage to major organs like the spleen and liver or internal bleeding from forceful impact.
- Lacerations and abrasions: Major cuts, scrapes, and wounds suffered during the collision.
- Amputations: Loss of limbs due to being run over.
- Whiplash: Soft tissue neck and back injuries from sudden acceleration/deceleration forces.
- Burns: First, second, and third-degree burns from fire if the accident involved vehicle fire.
- Scarring and disfigurement: Permanent scars resulting from lacerations, skin grafts, surgery.
- Lifelong disabilities: Lingering issues like chronic pain, loss of mobility, or long-term function.
- Psychological trauma: Mental health impacts like PTSD, anxiety, and depression due to an accident.
The severity of injuries can vary greatly. It’s important to work with a pedestrian accident lawyer who understands the various expenses you may face long-term based on your specific circumstances.
How Can a Lawyer Help Me With My Pedestrian Accident Claim?
Here is how we can help maximize your claim:
Understanding What Happened
Your attorney will thoroughly investigate the circumstances surrounding your pedestrian accident. They will analyze factors like traffic signals, road conditions, and whether the driver was distracted or negligent. Establishing that the motorist violated traffic laws can be important for holding the at-fault driver responsible.
Determining Liability
If liability is disputed, your lawyer is well-versed in litigating personal injury lawsuits. We understand how to determine which party was at fault according to traffic laws and who is the liable party.
Negotiating a Settlement
We negotiate aggressively with the at-fault driver’s insurance company, which often looks to minimize payouts to injured pedestrians. The goal is full financial compensation for medical bills, lost wages, pain, and suffering.
Handling Complex Claims
Depending on the severity of injuries, the legal process gets more complex if a pedestrian accident victim suffered catastrophic injuries requiring extensive medical care. An experienced lawyer understands how to manage complex auto insurance claims in these difficult situations.
Helping Injured Pedestrians
Your lawyer can pursue maximum settlement amounts to aid long-term recovery and ensure pedestrians are made whole after accidents involving negligent drivers.
Pedestrian Accident Compensation Factors Explained
No two pedestrian accident cases are the same, so with our law firm, your case will receive a tailored legal strategy that calculates the value of your claim based on the following factors:
- Property damage
- Pain and suffering
- Emotional distress
- Hospital stays
- Medical expenses
- Treatment fees
- Medical devices or equipment
- In-home care
- Lost wages
- Disability
- Missed professional opportunities
- Loss of consortium
- Punitive damages
How much money you recover from a pedestrian accident case can also depend on your attorney’s negotiation and litigation skills. To truly put yourself in the best position to win fair compensation, it is important to choose a personal injury attorney with a firm that has an extensive track record of success in handling cases like yours.
Essential Components that Impact Your Settlement in California
Pedestrian accidents often result in serious injuries that render victims unable to perform daily tasks, let alone handle the required legal work of filing a personal injury claim. If you entrust your case to one of our pedestrian accident trial lawyers, the following components will be handled and explained thoroughly:
The State’s Deadline for Personal Injury Claims
Personal injury claims in California typically have a statute of limitations of two years from the date of the injury. In other words, if you don’t file a case within two years of that date, you lose your opportunity to pursue financial recompense for your damages.
This general guideline has a few exceptions, which will depend on the particulars of your situation. The statute of limitations may be extended, for instance, if the injury was not immediately apparent or identified by doctors.
To find out the particular statute of limitations that applies to your case and to make sure that your rights are protected, it’s crucial to contact an experienced personal injury lawyer in California as soon as possible.
Shared Fault’s Effect on Compensation
In California, it is possible to receive compensation even if you contributed to the accident. California uses a comparative negligence system, which means that each party involved in an accident may be given a percentage of culpability for the accident and that this percentage of fault may have an impact on the amount of compensation that each party is eligible to receive.
For instance, you might still be eligible to receive compensation if you were 20% at fault for a pedestrian accident in California that left you hurt. But to reflect your share of the fault, the compensation you are eligible for will be 20% lower.
Get Skilled Legal Help Now With No Out of Pocket Cost
Triumph Law provides reliable legal services and consistent results that speak for the reputation of this firm. When a motor vehicle hits a person while walking, it can have a severe impact on that individual’s quality of life.
Because we have seen these impacts firsthand, we will fight to win every dollar amount possible on your behalf. We perform thorough research and hire industry-leading experts to maximize the amount of your settlement.
We understand that recovery and legal fees can be expensive, so we take cases based on contingency.
During your initial consultation, we will discuss our percentage but won’t collect payment unless we win your case or collect a settlement on your behalf. Choose a dedicated law firm that simplifies your life and will fight for the maximum compensation possible on your behalf. Contact us today.