Palm Springs Pedestrian Accident Lawyer
In addition to obeying traffic laws and constantly checking for other vehicles nearby, the law requires drivers to yield to pedestrians in crosswalks and watch carefully for people on foot before turning at intersections or into driveways or alleys. Unfortunately, it is far too common across the Golden State for drivers to ignore this basic obligation and act irresponsibly around pedestrians, sometimes resulting in collisions with devastating repercussions.
When a reckless or careless driver hits you while you were walking near a roadway and leaves you severely injured, a Palm Springs pedestrian accident lawyer could help you pursue legal action against them. You deserve fair compensation for any injury you were not solely responsible for causing, and a capable personal injury attorney’s assistance can be vital to ensuring you get paid what you need for your losses.
Can Pedestrians Be At Fault for Motor Vehicle Collisions?
It might seem logical to assume motor vehicle drivers who run into pedestrians are always legally to blame for the pedestrian’s ensuing injuries since drivers are much less likely to suffer physical harm in this incident than the unprotected pedestrian they hit. In reality, though, the court does not place any weight on how serious an injury is or what effects it will have on the injured person’s life when determining whether a claim has merit.
Instead, the core of every successful pedestrian crash claim is whether the person filing suit can prove a person was negligent. An injured pedestrian and their legal counsel must prove their injuries stemmed directly from a specific reckless, careless, or illegal act the other person did. Anything from an overt violation of traffic law to a momentary lapse in concentration could be a breach of duty as long as it goes against the obligation all drivers have to act responsibly behind the wheel and is the direct cause of the injured person’s losses.
Importantly, pedestrians struck by cars can be negligent too—for instance, if they suddenly stepped out into a crosswalk without a walk signal. As a pedestrian accident attorney in Palm Springs could further explain, any amount of responsibility assigned to an injured person could be held against them as a proportional reduction from whatever damages the court ultimately awards them.
Deadlines for Pursuing a Pedestrian Crash Claim
Another important legal concept to know before filing a pedestrian wreck lawsuit is the statute of limitations. The statute of limitations is an artificial time limit placed on civil cases to spare potential defendants from having the threat of litigation hanging over them for an unreasonable amount of time, as well as to ensure important evidence is still available by the time the lawsuit begins.
Per California Code of Civil Procedure § 335.1, most people injured by the negligence of another have two years maximum after initially sustaining harm to begin any lawsuit they intend to pursue over that incident. Support from a seasoned lawyer can be essential to constructing a comprehensive lawsuit or settlement demand within this filing period following a pedestrian accident in Palm Springs.
Get in Touch with a Palm Springs Pedestrian Accident Attorney Today
Anyone struck by a car while walking due to a driver’s reckless or careless actions deserves fair financial restitution for the harm unfairly done to them. As anyone familiar with California civil law knows, actually getting the payment you need following a severe accident is far from a simple process, especially if you try to do it without guidance from a knowledgeable legal professional.
Working with a Palm Springs pedestrian accident lawyer could improve your chances of securing the best result possible from your unique claim. Call today for a consultation.