Being hit by a vehicle of any kind while walking can be a devastating experience. A pedestrian accident could not only cause physical injuries but emotional injury as well. If this has happened to you, you need a compassionate accident attorney by your side.
You may be entitled to damages for any lost time at work, inconvenience and embarrassment, medical expenses, emotional distress, and other losses. A Moreno Valley pedestrian accident lawyer can guide you through the claims process while providing you with advice along the way. To get started, call today.
Seeking Damages in Pedestrian Accident Cases
Under Ca CIV §1714(a), an accident victim is entitled to damages from anyone whose negligence contributed to their injuries. A plaintiff must show that someone else was negligent to collect damages.
If a vehicle hit a pedestrian and the police issued the driver a citation or brought criminal charges against the driver, proving negligence may be simple. California follows the doctrine of “negligence per se,” which holds that no other evidence of negligence is necessary if the driver received a traffic citation or criminal charge arising out of the accident.
Otherwise, the plaintiff has the burden of showing that the defendant had an obligation toward the plaintiff and failed to meet it. The plaintiff also must show that they suffered an injury because of the defendant’s failure and that the injury would not have happened if the defendant was not negligent. A pedestrian accident attorney could investigate all negligent parties and seek appropriate damages from them.
Shared Liability in a Pedestrian Injury Claim
Under California law, each person involved in an accident is responsible for the results of their part in causing the accident. For example, if a pedestrian who is jaywalking is hit by a car that went through a stop sign, both parties will be at fault. It will be up to a judge to allocate responsibility among the parties.
Even if a judge declares that most of the fault for the accident rests on the shoulders of the pedestrian, the pedestrian still may seek damages from the driver. However, there will be a reduction in any award the pedestrian receives in an amount that reflects the pedestrian’s degree of responsibility.
Deadline to File a Claim in Moreno Valley
Accident victims have a limited time to bring forth a lawsuit seeking damages for their losses. In personal injury cases in Moreno Valley, the statute of limitations is two years from the date of the injury.
The deadline may be different if the defendant is the State of California or a government entity like a city, town, county, or school district. This will be the case if a pedestrian is hit by a school bus or a city bus, or a vehicle being driven by a government employee in the course of their duties. A government also may be a defendant if a poorly maintained road, damaged traffic sign, or malfunctioning signal contributed to the accident.
When a governing entity is being held liable for damages, the plaintiff must file a Notice of Claim within six months of the accident. The notice must set forth the circumstances that caused the injuries and list every possible theory of liability the plaintiff may present. A pedestrian accident attorney could draft the notice in a way that preserves all the plaintiff’s rights and ensure that it is filed timely in Moreno Valley.
Get a Moreno Valley Pedestrian Accident Attorney to Work for You
Pedestrians who have suffered injuries in an accident often feel shocked and disoriented in addition to their physical injuries. They are not in the best space to make informed decisions about holding liable parties responsible. However, it is still important to act quickly and decisively.
Contacting a Moreno Valley pedestrian accident lawyer to act on your behalf could preserve all your rights while allowing you to direct your energy toward recovering from your injuries. Call today to review your case with a compassionate attorney who will work hard to get you the compensation you deserve.