Norwalk Pedestrian Accident Lawyer
Pedestrian Accident Attorney in Norwalk, California
Walking is a great form of exercise as well as a way to clear one’s thoughts and enjoy the great outdoors. Unfortunately, pedestrians can be injured due to a car, truck, or motorcycle accident, which is often due to no fault of their own. Pedestrians should be able to walk in designated areas without fearing for their safety. Unlike other road accidents involving auto vehicles, pedestrian accidents are often catastrophic due to a lack of protection.
If you were injured in a pedestrian accident or lost a family member due to a pedestrian accident, you may have grounds to file a claim and get compensation for your injuries and other damages. The Norwalk pedestrian accident lawyers at Setareh Law can help evaluate your case and advise on the best action to take next. We will fight for you and your rights so you get the compensation you deserve.
Common Causes of Pedestrian Accidents
It takes only a few seconds of distracted driving to hit a pedestrian. Distracted driving involves any activity that takes away the driver’s attention from the road. Some common causes of pedestrian accidents may include:
- Using a cell phone while driving
- Eating in the car
- Poor visibility
- Driving under the influence
- Reckless driving, such as running stop signs or traffic signals
- Failure to yield right of way to pedestrians
In cases where drivers run into pedestrians and injure them, they may face criminal charges due to their negligent actions.
Injuries Associated With Pedestrian Accidents
The human body is no match for motor vehicles. Pedestrians do not wear any protective gear, and as such, pedestrian accidents often result in long-term or fatal injuries. These injuries may create large medical bills or loss of wage-earning potential in the future, and victims should not have to shoulder these costs alone. Some common injuries victims may sustain include:
- Traumatic brain injuries
- Broken bones
- Back, neck, and spinal cord injuries
After a pedestrian accident, it’s best to reach out to a qualified pedestrian accident attorney as soon as possible in order to increase your chances of receiving compensation for your injuries.
Understanding Pedestrian Accident Claims
Pedestrian accident claims are negligence-based. To prove fault in a pedestrian accident claim, the plaintiff needs to show the following four elements of negligence:
- Duty of care: Drivers owe pedestrians a duty of care by obeying traffic rules and signs. Pedestrians also have a duty to exercise reasonable caution when walking near traffic.
- Breach of duty: When either party breaches their duty, they create conditions for accidents to occur.
- Causation: The breach of duty directly caused the accident.
- Damages: The plaintiff suffered damages as a result of the accident.
Your lawyer will have to prove these four elements either in or outside of court in order to show that your case was negligent-based and that the driver’s actions directly caused your injuries.
Liability in a Norwalk Pedestrian Accident
Unfortunately, many pedestrian accidents are hit-and-run cases. Establishing liability in such cases can be pretty challenging. If the hit-and-run driver is identified, accident victims can file a claim against the at-fault driver. However, many hit-and-run accidents remain unresolved. In such a scenario, the victim can file a claim with their personal insurance provider.
In California, pedestrians have the right of way in marked and unmarked crosswalks. When the pedestrian does not comply with pedestrian rules, the driver may have the right of way, and as such, the law does not protect pedestrians when they disobey the law. The following are scenarios in which pedestrians are liable:
- If a pedestrian darts out between two parked cars into the path of a vehicle, causing the driver to swerve and crash.
- Walking on a highway or bridge where pedestrian traffic is not allowed.
- Walking near traffic while intoxicated.
- Violating traffic laws at a crosswalk, such as crossing at a red light.
In other cases, the pedestrian can share fault with the driver. This is known as shared liability. For example, if the pedestrian jaywalked but the driver was driving while intoxicated, they may both be liable for the accident. If you are found 20% liable, you can then only collect 80% of the compensation awarded.
Compensation in a Norwalk Pedestrian Accident Lawsuit
Your Norwalk pedestrian accident lawyer will be able to review the details of your case and advise whether you are eligible to receive compensation. You may be eligible to receive compensation for future and current medical costs, lost income and inability to work, disfigurement, mental distress, pain and suffering, funeral and burial expenses, and loss of consortium.
Further, the court may award punitive damages to punish the defendant in cases of gross negligence. It is also important to note that California’s statute of limitations allows personal injury victims two years to file a claim and only six months if the claim is against a government entity, which is why it’s best to contact an experienced personal injury lawyer as soon as possible after your accident.
Contact an Experienced Pedestrian Accident Attorney in Norwalk
Apart from the statute of limitations, the nature of personal injury cases requires fast action. Evidence and the memory of eyewitnesses are time-sensitive. As such, you should contact a lawyer to get started on your case as soon as possible. The Spanish-speaking lawyers at Setareh Law are committed to helping accident victims in California receive full and just compensation for their damages.
We understand the frustration that comes with pedestrian accidents. To ease the financial burden on you and your family, we handle every case on a contingency fee basis. This means that you will only pay if we get you results. Our commitment to you extends beyond the office, as we will gladly make a house call and visit a client in the hospital. Contact us today for a free consultation by calling (310) 659-1826 or filling out our contact form.