When drivers fail to yield the right of way to pedestrians, devastating pedestrian accident injuries can occur. Sometimes, multiple parties, including negligent drivers and third parties, contribute to pedestrian accidents. If you’ve suffered an injury, you have the right to pursue compensation from any liable party, and Omega Law Group is here to assist you.
Our Bakersfield pedestrian accident lawyers can file an insurance claim or a personal injury lawsuit to help you recover compensation for your medical expenses, lost income, and other losses. We work on a contingency basis, so you never pay any upfront fees to start your case.
Contact us today to learn more about how our Bakersfield personal injury lawyers can support you. While you focus on your recovery, we can handle the legal process and fight for the fair compensation you deserve.
How Pedestrian Laws Can Affect Your Bakersfield Case
California pedestrian laws are designed to protect pedestrians, but insurance companies may use them to undervalue or deny pedestrian accident claims. For example, an insurer might argue that you were jaywalking, contributing to your injuries. However, recent changes in state law, like the Freedom to Walk Act, have relaxed citations for jaywalking, potentially impacting how these claims are evaluated.
Our Bakersfield pedestrian accident attorneys have extensive knowledge of these laws and can counter an insurance adjuster’s determination of fault. If an insurer tries to shift more blame onto you, we can gather evidence proving another party’s negligence and liability.
When recovering from injuries, you shouldn’t be left to translate complex traffic laws or deal with the insurance provider. Our legal team will manage the legal process, allowing you to focus on your recovery while we work to secure the fair settlement you deserve.
Proving liability in Pedestrian Accident Cases
Proving liability is a key part of any pedestrian injury case. To establish who is at fault, evidence must show that a party acted negligently and that their actions directly caused the accident. This process can be complex, requiring a detailed examination of various factors and sources of evidence.
How Liability is Determined
Establishing fault in a pedestrian accident typically involves demonstrating the following:
- Duty of care: The party at fault owed a duty to act safely and reasonably. Drivers, for instance, are required to exercise caution around pedestrians and follow traffic laws.
- Breach of duty: The responsible party violated their duty of care. This could involve reckless actions, like running a red light or failing to yield to a pedestrian in a crosswalk.
- Causation: A direct link must be proven between the breach of duty and the pedestrian’s injuries. For example, evidence must show that the driver’s negligence directly caused the accident and resulting harm.
- Damages: The victim suffered losses as a result of the accident. These damages can include medical expenses, lost wages, pain and suffering, and emotional distress.
Evidence That Can Prove Fault
To prove liability, multiple sources of evidence may be used:
- Police reports: Official accident reports can provide crucial details on how the accident occurred and who may be at fault.
- Witness statements: Accounts from bystanders or others involved in the incident can support your version of events.
- Surveillance footage: Traffic cameras, security footage from nearby businesses, or even dashcam recordings can show how it happened.
- Medical records: Documenting the injuries sustained can demonstrate the severity of the harm inflicted.
- Expert testimony: Accident reconstruction experts or medical professionals can provide insight into the cause of the accident and the extent of injuries.
Our attorneys work to gather this evidence to build a strong case, proving negligence and holding all liable parties accountable. Depending on the insurance coverage of both the injured party and the auto insurance policy of the at-fault party, your recoverable damages could change.
Were you injured in a truck accident
as a pedestrian?
Our pedestrian accident lawyers in Bakersfield are here to help.
(310) 526-8383 Economic and Non-Economic Damages After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, you may be entitled to various forms of compensation beyond just medical bills. Our pedestrian accident injury lawyers evaluate the full impact of your injuries, seeking recovery for both economic damages—like medical costs and lost wages—and non-economic damages, such as pain and suffering.
Navigating the legal process without a personal injury attorney can be overwhelming, especially when dealing with insurance companies that often attempt to minimize payouts. Having an attorney by your side can help ensure you receive a fair settlement that accurately reflects your financial and emotional losses.
Recoverable Damages in Pedestrian Accident Cases
Our legal team assesses all potential losses to maximize your compensation. Depending on your situation, you may be entitled to recover damages for:
- Medical Expenses: This includes emergency room care, ambulatory services, hospital stays, doctor’s visits, diagnostic testing, and ongoing medical treatment costs.
- Rehabilitative Care: Compensation for physical therapy, occupational therapy, and any other rehabilitative services to aid your recovery.
- Home and Lifestyle Adjustments: In-home aid, assistive devices, or modifications to your home to accommodate any severe injuries or disabilities resulting from the accident.
- Lost Income and Earning Capacity: If you are unable to work or if your injury reduces your ability to earn in the future, you may recover compensation for lost wages and reduced earning potential.
- Non-Economic Damages: Physical Pain and suffering, loss of enjoyment of life, emotional distress, and other impacts on your quality of life.
- Wrongful Death Claims: If you’ve lost a loved one in a fatal pedestrian accident, our lawyers can pursue a wrongful death lawsuit to recover funeral expenses, end-of-life medical care, and loss of income and support.
Types of Injuries in Pedestrian Accidents
Pedestrian accidents often result in severe and life-changing injuries. Some of the most common types include:
- Traumatic Brain Injury (TBI): Concussions, skull fractures, or other head injuries can lead to long-term cognitive and physical impairments.
- Spinal Cord Injuries: Damage to the spinal cord may cause partial or complete paralysis, affecting mobility and daily living.
- Broken Bones and Fractures: Collisions can lead to broken limbs, ribs, and other fractures requiring extensive medical treatments.
- Internal Injuries: Damage to organs or internal bleeding can have serious, long-term consequences and require immediate medical attention.
- Soft Tissue Injuries: Whiplash, sprains, and strains are common and can result in chronic pain or limited mobility.
- Emotional and Psychological Trauma: The emotional toll of an accident can lead to anxiety, depression, or mental anguish that affects your quality of life.
Emotional and Catastrophic Impacts of Pedestrian Accidents
Pedestrian accidents often cause more than just physical injuries—they can lead to long-term emotional and mental effects as well. The trauma of being hit by a vehicle can result in emotional distress, such as anxiety, depression, and post-traumatic stress. These impacts may hinder a victim’s ability to work, interact with loved ones, and enjoy life as they once did.
For those who suffer catastrophic injuries, such as traumatic brain injuries or spinal cord damage, the effects can be life-changing. The need for ongoing medical treatments and adjustments to daily living can lead to a loss of independence and significant lifestyle changes, affecting both the victim and their family.
Our Pedestrian Accident Attorneys in Bakersfield Work on Contingency
Our lawyers’ goal is to help clients without adding to their financial burdens. If you’ve been involved in a pedestrian incident, you are likely facing stress from medical bills and lost income. We believe that all injury victims and their families should have access to legal representation.
That’s why we take cases on a contingency basis. Rather than charging you upfront to start working on your case, we only take a percentage of your potential settlement or verdict. If we do not win your case, you owe us nothing.
Are you a pedestrian that was injured
in a car crash?
Our pedestrian accident lawyers in Bakersfield are here to help.
(310) 526-8383 Act Quickly to Protect Your Pedestrian Accident Case
If you’ve been injured in a pedestrian accident, it’s crucial to act quickly. While we may start by filing an insurance claim, we often need to take legal action, especially if the insurer refuses to provide a fair settlement. It’s important to remember that strict legal deadlines, known as statutes of limitations, apply to these cases.
In California, you generally have just two years to file a personal injury lawsuit under the California Code of Civil Procedure section 335.1. This timeframe can go by quickly, leaving limited time for your attorney to investigate the accident, build a strong case, and negotiate with the insurance company.
To improve your chances of obtaining fair compensation, it’s best to start as soon as possible. Our legal team will prioritize your case and ensure that you meet all necessary deadlines. The sooner we begin, the sooner we can start working toward the compensation you deserve.
Steps to Take After a Pedestrian Incident
The moments immediately following a pedestrian injury are crucial for your health and any potential legal claim. Taking the right steps can help protect your rights and set a solid foundation for your case. Here’s what to do:
- Seek medical attention immediately. Your health is the priority, so be sure to get checked by a medical professional, even if your injuries seem minor. Quick treatment can prevent complications and provide essential documentation of your injuries.
- Report the incident to authorities. Contact the local police to file a report. This official record can be an important piece of evidence when establishing liability.
- Gather information and evidence. If possible, collect contact information from the driver and any witnesses. Take photos of the scene, any visible injuries, and property damage.
- Avoid discussing fault. Refrain from making any statements that could imply fault, either to the driver, police, or insurance companies. Stick to the facts and let your attorney handle discussions about liability.
- Consult a pedestrian accident attorney. An experienced attorney can help guide you through the legal process, handle communication with insurers, and ensure that you take the appropriate steps to pursue compensation for your losses.
Hurt in a
pedestrian accident?
(310) 526-8383 Call Omega Law Group if You Suffered Pedestrian Accident Injuries
You have the right to hire an attorney to handle all the legal details after a pedestrian incident. Our team will thoroughly investigate your case to uncover who caused or contributed to your injuries and work to prove their negligence. We will then assess the full extent of your losses and fight to seek the financial recovery you deserve.
Obtaining fair compensation, whether through a settlement or a court-awarded verdict, can be a crucial step toward your physical, emotional, and financial recovery. Our Bakersfield pedestrian accident lawyers at Omega Law Group will support you through every stage of the process, ensuring that you can focus on healing and moving forward.
