Bakersfield Pedestrian Accident Lawyer
The roads can be a dangerous place for pedestrians. Although people on foot have as much right as drivers to use the roads, many motorists do not use enough caution when pedestrians are present. Accidents result and pedestrians are often seriously injured.
When a driver hits a pedestrian, they almost always bear partial responsibility for the incident. The driver would typically owe the pedestrian compensation for their losses, but a pedestrian must file a claim to receive compensation for their injuries.
Contact a Bakersfield pedestrian accident lawyer for help with a claim if you have been hit by a car. Our team can explain your legal options and help you pursue the maximum compensation available. Let the trusted personal injury attorneys from CD Law give you the hands-on guidance you deserve.
Understanding Pedestrian’s Rights and Responsibilities
According to California Vehicle Code § 467, anyone on foot, using some sort of self-propelled means of locomotion, or an electric powered personal assistive mobility device is a pedestrian.
Under that definition, a pedestrian could be a person in a self-powered wheelchair or scooter, a skateboarder, or someone on rollerblades or skates. The law excludes bicycles from the definition.
What Does California Vehicle Code § 467 Mean?
Vehicles must yield to pedestrians in marked or unmarked crosswalks. Crossing outside a crosswalk is not illegal, but a pedestrian must look to ensure the road is clear before crossing. Pedestrians must use sidewalks when they are available and when they must travel on the road, stay as far to the left as possible.
Pedestrians have an obligation to employ reasonable caution when using the streets. However, motorists and bicyclists also have a duty to be attentive to pedestrians and avoid them, even when the pedestrian is not following the law.
A Bakersfield attorney representing a pedestrian can gather evidence demonstrating that a driver or cyclist did not use reasonable care, resulting in the accident.
Severe Injuries Are Common in Pedestrian Accidents
Pedestrian accidents are often severe. Survivors might have catastrophic injuries that never heal completely.
Every accident is different, and the injuries a pedestrian might sustain depend on multiple factors. Common injuries pedestrians sustain in collisions with motor vehicles include:
- Whiplash and other soft tissue injuries
- Broken bones
- Concussion
- Disfiguring facial injuries
- Damage to internal organs
- Traumatic amputations
- Partial or complete spinal cord injuries
- Moderate or severe traumatic brain injuries
Pedestrian accident injuries often require extensive medical intervention, a long recovery time, or may be permanently disabling.
Insurers for at-fault drivers sometimes approach an injured pedestrian with an offer of a quick cash settlement while they are recovering.
These offers are much less than the claim is worth, but the stress and uncertainty of a serious injury can tempt an injured person to accept it.
Hiring a Bakersfield attorney immediately after an accident is critical. A personal injury on your side will alleviate the pressure of dealing with the insure. Most importantly, force to the insurer of the defendant to negotiate in good faith.
Compensation Available After an Accident
When another party’s lack of reasonable caution contributes to a pedestrian accident, the pedestrian is entitled to compensation from that party. Their compensation includes reimbursement of expenses related to the accident and payment for their subjective losses. The legal term for this compensation is damages.
Recovering Economic Damages From a Pedestrian Case
Economic damages include expenses related to medical treatment, such as:
- Co-payments
- Pharmacy costs
- Rehabilitation
- Psychological support
- Physical therapy
Economic damages also pay for time lost at work and the value of any paid time off used during recovery. When an injury prevents the pedestrian from returning to their job, economic damages would cover their diminished future earnings.
Therefore, a Bakersfield attorney could help injured pedestrians and their families document their economic losses.
Recovering Non-Economic Damages From a Pedestrian Case
Non-economic damages are also known as pain and suffering damages. They provide compensation for losses that do not have a price but impact an injured person’s quality of life.
A pedestrian accident victim could seek non-economic damages for things like emotional distress, scarring, lost enjoyment of life, disability, physical pain, and similar losses.
Contact a Bakersfield Attorney After a Pedestrian Accident
A pedestrian accident can be devastating to your physical, emotional, and financial health. Seeking damages in a lawsuit against the at-fault party can ensure you get the care you need and protect your right to financial compensation.
Consult a Bakersfield pedestrian accident lawyer as quickly as possible after the accident. Reach out to CD Law today to get started. Your initial consultation is always free, and you are under no obligation to work with us after this first conversation.