San Leandro Pedestrian Accident Lawyer
Pedestrian Accident Injury Attorney in San Leandro, California
The state of California makes every effort to protect its pedestrians. Unfortunately, not every party on the road abides by the rules meant to keep these parties safe. In the face of deliberate recklessness or an accidental oversight, injured pedestrians can cite negligence as a reason to take their losses before a civil judge.
No pedestrian should have to go through this process alone, especially if you were injured because of a negligent party. If you are apprehensive about going to civil court, schedule a case consultation with a personal injury lawyer. Setareh Law can connect you with a team of Spanish-speaking lawyers and other help that can represent your best interests and fight for your right to financial support based on your losses.
Identifying a Pedestrian Accident
What constitutes a pedestrian accident? If you as a pedestrian endure an injury due to someone else’s negligence, you have the right to file a civil personal injury claim as a victim of a pedestrian accident. Specifically, you can pursue civil action in the wake of:
- Violated right-of-way
- Sidewalk endangerment
- Crosswalk misconduct
- DUIs or open container violations
The best way to determine if your accident resulted from negligence, and thus constitutes a civil case instead of a criminal one, is to look for evidence of misconduct on the road. You can rely on our team to investigate the scene of your accident and look into any data that might elaborate on the nature of your losses.
We can then submit this evidence alongside accident analyses, expert witnesses, or accident recreationists. The use of evidence to back claims regarding liability and case value can make it simpler for a county clerk to move your case forward in civil court.
Hold the Right Parties Liable for a Pedestrian Accident
After you’ve appropriately categorized your pedestrian accident, you need to use the aforementioned complaint to elaborate on the identity of the party that you want to hold liable for your losses. Assigning fault for your accident allows you to more effectively demand damages in the wake of your post-accident expenses.
The parties most often assumed to be liable for pedestrian accidents include motorists, bicyclists, and other sidewalk-adjacent individuals. That said, construction crews and shop owners are as likely to be responsible for your losses as anyone else.
There’s a chance that the person responsible for your accident may not even represent themselves should you take them to civil court. If you get into an accident with a corporate entity, you may have to take up a complaint against that institution.
What to Expect From Corporate Parties in Pedestrian Accident Cases
If you do get into a pedestrian accident with a corporate representative, there’s a chance that said party may offer you a settlement. Settlements constitute compensation, but you don’t always have to go to court to secure it. Instead, settlement offers offered prior to you taking legal action often open the door to out-of-court accident negotiations.
That said, you should still consider bringing a pedestrian accident lawyer from San Leandro to these out-of-court settlement negotiations. Our team can ensure that the offer you’ve received fully addresses your pedestrian accident losses. We do this by calculating the value of your case on our own time.
Should the pedestrian accident settlement offer appear insufficient, you can count on our team to negotiate on your behalf. We can also move your case to civil court should the liable party refuse to discuss increasing their settlement offer.
How Are Damages Calculated?
Before you discuss what funds you may be entitled to with a liable party, it’s important to know what you may be owed. Our team estimates the value of your pedestrian accident case while still building your initial complaint. You can then take this estimate to out-of-court negotiations or before a judge.
When calculating the dollar value of your possible damages, our team will consider your:
- Medical expenses related to your accident
- Property damaged and in need of replacement
- Loss of consortium
- Loss of companionship
- Emotional distress
- Lost time at work
- Lost opportunities to pursue employment
- At-home care
- Wrongful death and funeral expenses
We establish an estimated value of your case by adding together your post-accident bills. We then use multipliers approved by the state of California to stand in for any losses that might not generate traditional bills.
What Is the Statute of Limitations for Pedestrian Accident Cases?
There’s a certain time limit for most all criminal cases, meaning that you only have so much time to sue the negligent party before you’re unable to anymore.
California limits the amount of time in which victims of personal injury accidents may bring civil cases forward in court. According to California Code of Civil Procedure Section 335.1, your actionable time for a pedestrian injury case is limited to two years. California civil courts can dismiss your case out of hand if you don’t bring your complaint forward within this time period.
Setareh Law Wants to Help You Recover
San Leandro pedestrian accident attorneys want you to be as safe as you can on local sidewalks. If you feel your rights have recently been violated by negligent motorists, bicyclists, or similar parties, take action. Contact Setareh Law today to learn more about your right to compensation in the wake of a negligence-based accident.