Downey Pedestrian Accident Lawyer
Pedestrian Accident Attorney in Downey, CA
Unlike many of the more dangerous areas of nearby Los Angeles, Downey is considered relatively safe, and many residents and visitors take in the sights, sounds, and activities of the city by walking. However, this places them in proximity to fast-moving vehicles, and the drivers of Downey’s public roadways frequently exhibit negligent behaviors such as speeding, driving while distracted or impaired, or even failing to yield the right-of-way at crosswalks.
Pedestrians in California have the right to use most public roadways, and when they are injured as a result of a negligent driver, they also have the right to seek compensation for the expenses and quality-of-life impacts of their injury through California’s personal injury claims process. This process is complex, but partnering with a pedestrian accident lawyer from Setareh Law can help you get the compensation you deserve.
The Process of Seeking Compensation for Injuries Sustained in a Pedestrian Accident
When a pedestrian is injured in Downey due to another’s negligence, they can seek compensation by filing a claim against the at-fault party’s auto liability insurance policy. The insurance provider will evaluate the claim and can choose to take one of three possible actions:
- They can deny the claim and notify the claimant and their attorney of the reason for the denial.
- They can accept the claim as submitted to them and process it for payment.
- They can offer to settle the claim out of court for less than its stated value.
Settlements are by far the most common resolutions to personal injury claims. However, if the at-fault party’s insurance provider fails to pay a claimant who was injured, the claim can be filed as a personal injury lawsuit in a California civil court within two years of the date on which the accident occurred. This lawsuit asks a judge or jury to hear the case and make determinations on whether the at-fault party was liable and, if so, how much money they are responsible for paying to the claimant as compensation for the harm that they caused in the accident.
How Do You Prove Fault in a Pedestrian Accident?
One of the cornerstones to a successful Downey pedestrian accident claim is the ability of the claimant to prove that the defendant’s negligence was the cause of the accident. This is proven by first showing that the at-fault motorist owed the pedestrian a duty of care. All motorists on a public roadway owe a duty of care to other roadway users to operate their vehicles safely and legally in order to avoid causing harm.
Another element that must be proven is that there was a breach in the duty of care that was owed. This can be shown by providing that the at-fault party engaged in negligent driving behavior, such as speeding, failing to yield, or driving while impaired. Finally, the claimant must show that the accident that occurred was caused by the breach in the at-fault motorist’s duty of care, and that it caused the claimant to incur physical harm.
What Can You Seek Compensation For After a Pedestrian Accident?
Downey pedestrian accident claimants can seek compensation for the economic and non-economic expenses of the injury they incurred in the accident. This includes all reasonable costs associated with medically treating the injury, including emergency services, diagnostic imaging tests, prescription medication, rehabilitation, and even medical procedures and at-home or long-term nursing care.
The expenses also include wage loss and lost earning capacity if the injury results in permanent disabilities that impair the ability to earn an income. Property damage sustained in the accident, such as torn clothing or a broken smartphone, can be claimed as well. Some of the common non-economic costs of pedestrian accident claims are pain and suffering, mental anguish, and loss of enjoyment of life.
Can Child Pedestrians Seek Compensation for Their Injuries?
Children under the age of 18 who have been injured in pedestrian accidents are unable to file personal injury claims or enter into legal contracts on their own, such as settlement agreements. However, their parent or legal guardian can file the claim on their behalf. If a claim is not filed on the child’s behalf, the child also has the option to do so after they turn 18.
If you were injured in a pedestrian accident as a minor and you have now reached the age of 18, an experienced Downey pedestrian accident lawyer can help you understand the process of seeking compensation for your injury.
If You Were Injured in a Pedestrian Accident, Contact Setareh Law Today
A pedestrian accident lawyer brings valuable experience and understanding of the law to your claim, as well as a team of legal professionals who help to make the daunting aspect of gathering evidence in a pedestrian accident claim manageable. The Setareh Law legal team has been assisting the injured of California for many years. We pride ourselves in being there for our clients in their time of need. Our lawyers also speak Spanish so we can communicate effectively with a wide range of clients.
Let our Downey pedestrian accident lawyers evaluate your claim for free. We can answer your legal questions and tell you more about the services we can provide to help you obtain the compensation you need. For your free case evaluation, call us at (310) 659-1826 or contact us online.