Banning Pedestrian Accident Lawyer
When pedestrian accidents happen, the potential for severe injuries is exceptionally high. Many roadway incidents involve a motor vehicle and a pedestrian, which means that while the driver of the car has some protection from harm in the event of a crash, the person on foot has little to none.
When you or your loved one is injured while walking, it is important to understand your legal rights and options. A Banning pedestrian accident lawyer could review the elements of the underlying incident to determine whether the driver was negligent. A personal injury attorney could help you understand your best legal options and guide you through the entire case process so you can focus on your recovery.
Liability in Pedestrian Incidents
When assessing liability for a pedestrian accident, a Banning attorney could review the elements leading to the crash and identify those culpable. Most pedestrian collisions can be traced back to a negligent driver’s actions. A driver may be negligent when they failed to operate their vehicle with reasonable care and, in so doing, caused an accident that resulted in injuries and damages.
A driver operating their motor vehicle while distracted, texting, talking on the phone, or under the influence of alcohol or drugs could fail to see a pedestrian in their path and cause a terrible accident. Other leading causes of pedestrian accidents include drivers who are speeding, fail to yield, fail to stop at a four-way stop or stop light, or make an improper or illegal turn. Any individual or entity whose negligence led to the accident could bear legal liability in a subsequent injury lawsuit. For example, when the driver’s brakes failed, which caused them to strike and injure the pedestrian, the vehicle manufacturer may bear some legal liability for what happened.
The state recognizes the doctrine of pure comparative negligence. This means that even when the pedestrian was partially to blame for their injuries (i.e., they were crossing the street outside of a marked crosswalk), they could still secure compensation.
However, when the court assigns any measure of liability to the injured pedestrian, they can reduce compensation by the percentage of fault. Insurance companies frequently try to use this rule to reduce payouts to claimants. It is vital to work with an attorney who is well-acquainted with these laws as well as the tactics frequently used by insurers and could pursue all compensation the injured pedestrian may be eligible to claim.
Filing a Pedestrian Injury Case
It is wise to contact a Banning attorney promptly after a pedestrian accident. These incidents frequently result in grave injuries ranging from broken bones to spinal cord injuries to brain trauma to internal injuries. However, waiting too long to file a claim could hinder financial recovery.
An injured person must file most pedestrian collision cases within two years. In order to seek compensation for medical bills, lost wages, pain, suffering, and other damages, the injured pedestrian must usually file a lawsuit no later than two years from the date of the accident.
Reach Out to a Banning Pedestrian Accident Attorney
No pedestrian accident case is exactly alike, and your ability to recover compensation for your injuries will come down to the facts and circumstances of the specific collision. A Banning pedestrian accident lawyer could carefully evaluate your accident and the chain of events involved.
When one or more parties were negligent, whether a careless driver or a motor vehicle manufacturer, and their negligence contributed to your accident, you could have a legal case for compensation. To speak with an experienced attorney about your accident and identify the best path forward for your potential case, reach out and schedule your one-on-one legal consultation.