The saying goes that no one walks in California, but that is just not true. In Oakland, Santa Rosa, and every other city in California, there are pedestrians regularly enjoying California’s sunshine, scenery, and sights. Unfortunately, many pedestrians do not get to their destinations safely. California is routinely touted as one of the states with the highest number of pedestrian accidents in the country.
So, what should pedestrians do after being in an accident involving a vehicle? They are often able to file a lawsuit to claim compensation, and an Oakland pedestrian accident lawyer can help them do it.
Injured Pedestrians Have a Right to CompensationThe California Civil Code 3281 states that when an individual is hurt by someone else’s negligence, carelessness, or recklessness, the injured individual has the right to financial compensation. This compensation can provide for any costs related to the injury. Compensation may include, but is not limited to:
This compensation is meant to help make individuals whole again after an accident. An Oakland personal injury attorney can help those injured determine the full amount of compensation they can claim.
Proving Fault in a Pedestrian Accident CasePedestrians have a great number of rights in California, largely due to the fact that the law recognizes the seriousness nature of the injuries pedestrians can sustain during an accident. While pedestrians are also responsible for keeping themselves safe, motorists generally must slow down and proceed with caution when pedestrians are nearby. When drivers fail to do so, the court may find them negligent, or at fault, for the accident.
Proving fault in a pedestrian accident seems straightforward, but it can quickly become complicated. Eyewitness statements, pictures from the scene, pictures of injuries, and anything else that points toward the driver’s fault are all helpful when building a case.
How Long do Pedestrian Accident Cases Take?After an accident, those hurt often wonder how long a lawsuit will take. The truth is that it depends, mostly on the severity of the injuries. Plaintiffs should not settle a personal injury case until they are fully recovered from their injuries, or there is no longer a chance for improvement. This is the only way plaintiffs will know how much compensation to claim in a lawsuit.
When injuries are not severe, an attorney can begin settlement talks with the insurance company right away. These types of cases are typically settled within a couple of months. If injuries are severe or the case cannot be settled and must go to trial, it will take longer. Going through litigation can add a year or two to a case, although the compensation awarded at the end of the trial can make it well worth it.
Those injured often wonder how they are going to pay for their expenses while trying to settle their lawsuit. An attorney can review the many options injured individuals have including health or auto insurance benefits, Medicare, and medical liens.
Speak to an Oakland Pedestrian Accident LawyerIf you have been injured in a pedestrian accident, speak to the pedestrian accident attorneys in Oakland who can help. At the Brod Law Firm, we are the experienced legal team that will pursue your case aggressively and ensure your rights are upheld at all times. Call us today at (800) 427-7020 or fill out our online form for a free case evaluation to learn more.