Filing a Pedestrian Accident Case in Banning
While walking is a great pastime, it can quickly become dangerous. One moment, you may be walking through your neighborhood, and the next, a reckless driver speeds through an intersection while you have the right of way, leaving you with serious injuries. A negligent motorist should never cause you or a loved one harm simply because you chose to walk in your city.
If you were involved in a pedestrian accident, you may need help obtaining a reasonable settlement to offset your losses. Walter Clark Legal Group has experience advocating for individuals injured by negligent drivers while on foot and pursuing compensation for their damages. Discussing filing a pedestrian accident case in Banning with an attorney is a great way to explore your legal options.
What Are Some Common Causes of Pedestrian Crashes?
Pedestrian accidents are completely avoidable. Yet, this tragedy occurs throughout the state. In fact, national data ranks California’s roads among the deadliest in the country for pedestrians. These accidents occur due to one or more of the following reasons:
- Speeding excessively, particularly in residential areas
- Driving while distracted, including using a cell phone
- Neglecting to pay attention when backing out of driveways
- Failing to yield to pedestrians
- Ignoring stop signs or passing stopped school buses
- Operating a vehicle while intoxicated or drowsy
- Driving with impaired visibility or defective vehicle parts
- Performing illegal or unsafe maneuvers
Because pedestrians lack protection from a vehicle’s impact during a crash, many individuals pursue an injury lawsuit in Banning to recover compensation for catastrophic damages.
Proving Liability in a Pedestrian Accident Claim
The cause of a pedestrian accident relates directly to the assignment of fault. A lawyer filing a pedestrian accident case could thoroughly investigate why the driver crashed into the pedestrian.
By considering all possible reasons for the crash and identifying every liable party, a Banning attorney could be more effective when initiating a crosswalk collision claim on behalf of the individual injured while walking. While the default liability often lies with the driver of the vehicle, other factors may contribute to the collision.
For example, if a driver fails to stop at an intersection and the brakes fail upon application, the court could hold both the driver and the car parts manufacturer responsible for the resulting accident.
A car accident lawyer could explore all elements to prove and assign fault to the culpable parties.
Available Compensation for Injured Pedestrians
Individuals instituting a claim for a vehicle-pedestrian collision in Banning may be eligible to receive compensation for medical expenses, lost income, and property damage. Other potential damages include pain and suffering, inconvenience, disfigurement, emotional distress, and diminished quality of life.
However, under California’s pure comparative negligence doctrine, the court may reduce the final settlement if evidence establishes that the pedestrian played a role in the accident.
Where applicable, the court will determine and assign fault, and the insurance provider will then deduct that percentage from the awarded compensation. For example, if the court awards the injured pedestrian a $100,000 settlement but finds the pedestrian 20 percent responsible for the collision, the insurance company will deduct the 20 percent and pay the individual $80,000.
Contact a Banning Lawyer for Help Submitting Your Pedestrian Accident Claim
An experienced attorney could assist with filing a pedestrian accident case in Banning and negotiating with insurance companies on your behalf. The team at Walter Clark Legal Group could work with you to pursue fair compensation.
Contact an attorney today for an initial consultation.
