According to statistics, drivers have been liable in more than half of the pedestrian accident cases in the US.
Under California’s personal injury law, any person injured during a pedestrian accident can file a suit against the driver. The damages you can expect compensation for are lost wages, medical bills, and emotional and mental suffering.
Let’s take a closer look at what you can expect in damages as a victim.
Am I Eligible to Sue the Driver for injuries as a Pedestrian?
If you were a pedestrian at the time of the accident, then the following must have been the cause of your injury:
- Uncontrolled dogs
- Electric scooter (Bird or Lime) accidents
- Other pedestrians, or
- Trip hazards
- Vehicles not yielding
- Bikes on the sidewalk
- Cars driving on the sidewalk
The Oakland pedestrian accident lawyers at Milanfar Law explain that if you were a victim of any of the aforementioned incidents, you can sue the driver and file a case for personal injury. You can seek fair compensation for medical bills, loss of earnings, and emotional distress.
In some cases, you might still feel unsure about who was actually responsible for your accident and don’t want to blame anyone for their careless driving. In this situation, another person or property will be held accountable. You should immediately contact a competent lawyer who can create strong grounds for you to make it easier to get justice.
Keep in mind that the pain you are experiencing is classified as non-economic damage. These types of injuries are difficult to sum up to an exact monetary value.
On the other hand, economic damages are easier to calculate, making it easier to show how much money the defendant owes you through medical bills, cost of repairs, or payment for therapy.
What to Do If You Are Hit By a Car?
If a car hits you in a parking lot or hits you on the road, you can be eligible to seek recovery through a personal injury claim. Now, the good part is that under California negligence laws, if a negligent driver caused your injuries, the driver will be responsible for paying the damages.
To prove the negligence of the driver, you will need to show evidence in the form of:
- The driver failed to follow through on duty of care
- The driver violated the duty of care due to reckless driving
- The driver’s careless driving played a major role in your injury or death
It is instructed that the drivers owe a duty of care to all pedestrians, while keeping the road safe for drivers and cyclists.
How can a driver’s negligence be portrayed? It can be seen through:
- distracted driving
- traffic violations
- other negligent actions
Even if you were not walking on a crosswalk, the driver may still be liable for the injury. Any kind of possible negligence from the driver’s side that contributes to the accident could make the driver held responsible for the pedestrian’s injuries.
Have a quick look at other examples of driver’s similar carelessness in pedestrian accidents could include:
- Going around a stopped school bus
- Running a stop sign
- Hitting a driver in the break-down lane
- Texting and driving
- Speeding
- Failure to yield
- Drowsy Driving due to alcohol or drugs
- Taking the whole space of pedestrians
Some Common Causes of Pedestrian Knock-down Accidents in California
These laws do not just apply to pedestrians being knocked down by a car during an accident. A number of other reasons exist for accidents resulting in a pedestrian getting knocked to the ground, giving them serious injuries like:
- Unleashed or uncontrolled dogs
- Biking on the sidewalk
- Skateboarding on the sidewalk
- Keeping joggers on the side
- Distraction by listening to music or using phones
If you find yourself knocked down as a pedestrian, then contact a lawyer to assist your case.
