Pedestrian Accident Attorney in Sacramento Helping Injured Pedestrian
California leads the nation when it comes to the number of pedestrians killed and injured in car accidents. The California Highway Patrol reports that 622 pedestrians were killed and another 12,000 were injured last year. If you have been injured in a pedestrian/motor vehicle accident, the numbers above may seem all too real. The human body is simply no match for a car, truck, motorcycle, or another vehicle, and the results of a collision are often catastrophic – if not fatal. If you have been injured as a pedestrian or lost a loved one due to someone else’s negligence, the pedestrian accident attorneys at Demas Law Group, P.C., can help ensure you are fairly compensated.
Who is Responsible for Pedestrian Accidents?
When we are taught to drive a car, one of the first things we learn is to look behind the vehicle before backing up. Nevertheless, incidences of drivers backing over children they didn’t see behind the vehicle are fairly common, especially when the vehicle is an SUV with limited rearview visibility. In most pedestrian accident cases, if a driver didn’t physically look behind the vehicle before backing up, then he or she is responsible for the accident.
Despite how much we caution our youth to not “play in the streets,” children under the age of 15 accounts for 7 percent of the fatalities in pedestrian/motor vehicle accidents, and 23 percent of the injuries. The classic example is the kid who chases a ball out into the street without checking for traffic first. Depending on the circumstances, the driver may be held responsible, since he or she should have been aware they were driving through an area where children were playing.
People over the age of 65 accounted for 19 percent of all pedestrian fatalities last year, more than any other age group. Many older people walk a little slower and therefore take more time crossing intersections, where most pedestrian accidents occur. They are also more likely to succumb to injuries that would not be fatal for other age groups. Drivers have a responsibility to be wary of pedestrians, no matter what age or how slowly they’re crossing the street.
Pedestrians don’t necessarily have to be walking – they may be on roller blades, skateboards, in strollers, or in wheelchairs. All pedestrians must follow traffic laws, such as using crosswalks and waiting for the “walk/don’t walk” sign to change. If a pedestrian jaywalks or walks against the light and gets struck by an automobile or electric scooter, the driver may be held responsible, depending on the circumstances of the accident.
Our Pedestrian Accident Attorney’s $1 Million Case
Our client was walking down the sidewalk when she was struck by a tool truck pulling out of a parking lot. Not only did the driver not see here, but he also didn’t realize he’d hit anyone, and dragged our client 25 feet down the street before stopping. She suffered broken ribs, a broken leg, a fractured kneecap, and scarring on the lower part of her legs. We immediately investigated, and witnesses confirmed the truck driver had not seen her. When presented with our detailed settlement plan, the insurance company paid the maximum allowed by the policy.
California Pedestrian Accident Attorney: $500,000 Wrongful Death of a Child
When a van ran over and killed a child, the driver claimed he hadn’t seen her and tried to shift responsibility to the child’s parents. Using state-of-the-art testing, we were able to prove that the driver should have seen her. The parents settled for $500,000 instead of facing the emotional impact of a trial. Read more about the case here.
FAQ’s from our Pedestrian Accident Lawyer in Sacramento
My family member was walking, struck by a car and killed. What are my legal options?
If your loved one’s demise was caused by the driver’s negligence, it may be possible to file a wrongful death lawsuit. These cases are different than ordinary personal injury lawsuits. Please see our section on wrongful death lawsuits for more information.
I was partially responsible for my pedestrian accident. Do I still have a case?
The answer depends on the overall strength of your case. If the case is not strong, it may not be worthwhile to file a lawsuit. However, if the defendant was clearly negligent, you may still have a case, even if you are partially at fault. Settlements in such cases are determined by the percent of fault attributed to the defendant. If you’re found 40 percent at fault and the defendant is found 60 percent at fault and you win your case, your settlement will be approximately 60 percent of what it would have been if you had no fault at all. An experienced personal injury attorney will be able to answer your questions and determine whether you have a case.
I was walking when I was struck by a car. The driver had no insurance. How do I pay for my medical bills?
In cases where the driver is not insured or underinsured, you may be able to recover damages from your own automobile insurance policy. For more information, please refer to the Uninsured Motorist section of our website.
What are the rules of the road regarding motor vehicles and pedestrians?
Both pedestrians and motor vehicle drivers are required to obey respective traffic laws. In general, drivers have a heightened responsibility, since improper operation of a motor vehicle can easily result in serious injury or even death to a pedestrian. If a pedestrian is at a crosswalk and preparing to safely cross the street, the driver must grant the pedestrian right-of-way. It should be noted that while drivers have a responsibility to watch for pedestrians, this does not excuse pedestrians from behaving in an unsafe manner.
Where can I obtain more information about filing a personal injury claim against the party responsible for my pedestrian accident?
You may either call us to speak to one of our attorneys free of charge, or further explore our site for answers to the following questions:
- How long do I have to file a personal injury claim?
- The insurance company is offering a settlement. Do I still need an attorney?
- What can I get compensated for after a pedestrian accident?
- What is my pedestrian injury case worth?
- What will it cost me to hire a Demas Law Group, P.C., attorney for my pedestrian accident?
Where can I obtain more information about pedestrian accidents?
- The Pedestrian and Bicycle Information Center’s pedestrian crash facts: http://www.walkinginfo.org/facts/facts.cfm
- The Insurance Institute for Highway Safety tracks pedestrian accidents: http://www.iihs.org/research/fatality.aspx?topicName=pedestrians&year=2008.
Pedestrian Accident Lawyer in Sacramento: Get Help Now
If you or a loved one have been injured in a pedestrian accident, no matter whose fault you think it is, it’s a good idea to contact one of the experienced pedestrian accident lawyers in Sacramento, CA at Demas Law Group, P.C. You can speak to one of our experienced pedestrian accident lawyer in Sacramento free of charge or obligation, either by telephone or a face-to-face.
This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty, or prediction regarding the outcome of your potential legal matter.
