When you are out walking your dog, taking a stroll in your neighborhood, or going for a run, the last thing you expect is to get into an accident. Unfortunately, when a driver fails to pay sufficient attention to traffic stops and signs or watch for approaching pedestrians, they can cause a grave and even deadly accident. Pedestrian accident injuries are often catastrophic and long-lasting.
If you have been injured as a pedestrian by a reckless or negligent motorist, you should call a Corona pedestrian accident lawyer. A skilled injury attorney could evaluate the facts of your case to determine liability for your injuries. You could be entitled to financial damages for your pedestrian injuries and losses.
Types of Pedestrian Crash Damages
While some pedestrian accidents may inflict relatively minor injuries upon the victim, if the driver is operating their vehicle at moderate to high speeds, the person could be left facing serious personal injuries. Common types of pedestrian injuries include:
- Broken bones
- Fractured bones
- Spinal cord injuries
- Traumatic brain injuries
- Dislocated joints
- Internal bleeding
When a pedestrian is hurt because a driver failed to take reasonable care in operating their vehicle, the injured party can file a claim against the negligent motorist to recover their damages. However, insurance companies are often disinclined to pay out personal injury claims, and often do everything they can to diminish the value of these claims or try to direct some of the blame at the injured party.
An accident attorney in Corona could fight for an injured pedestrian’s rights and vigorously pursue all available compensation in their case. A wide variety of damages could be recovered in a pedestrian injury case, such as the person’s pain, suffering, lost wages, hospital bills, therapy expenses, surgery costs, medication expenses, emotional distress, future lost earning ability, disability, and lost enjoyment of life.
Determining Fault for a Pedestrian Wreck
Anyone who operates a motor vehicle has a duty to others on the roadway, including fellow drivers, passengers, and pedestrians, to drive with reasonable care to avoid injuring others. When a driver is neglectful of their legal duty and causes a pedestrian collision, they can be liable for the damages that result from any injuries they cause.
However, some cases are not so clear cut. In certain pedestrian claims, a court may find the claimant partially responsible for the crash and their resulting injuries. In the state of California, a personal injury claimant can be found at fault for their injuries and still collect compensation, but any award of damages granted by the court will be modified based on their percentage of legal responsibility. For example, if the court finds that the injured pedestrian was 30 percent responsible for the crash, they could still claim 70 percent of their total compensation.
Filing an Injury Case
Per California Code of Civil Procedure § 335.1, the deadline to file a pedestrian injury claim is two years from the date the crash happens. There are a few rare exceptions that could prolong this deadline, such as when the at-fault driver is not immediately found. However, in most cases, if the injured party does not file their case within two years, this would obstruct their recovery. It is wise to speak with a Corona attorney as soon as possible after a pedestrian wreck to ensure any legal action is commenced on time.
Contact a Corona Pedestrian Accident Attorney Right Away
When trying to obtain compensation for damages following a pedestrian accident, it is always in your best interest to retain the services of an experienced legal advocate. A Corona pedestrian accident lawyer could help you hold the responsible driver accountable for their negligence. An attorney could also provide an honest evaluation of your claim to help you determine the best next steps for your case.
To get started on your claim, be sure to schedule a consultation today.