CALL 916-777-7777
Youtube Facebook-f X-twitter Linkedin-in

How Do I Know if I Have a Pedestrian Accident Case?

Posted on behalf of Arnold Law Firm in

woman-pedestrian-black-coat-blonde-short-hairMany pedestrian accidents are the result of driver negligence and could have been avoided. Victims often suffer life-altering injuries and sometimes even death. If you or a loved one were injured in a pedestrian accident, consider reviewing your situation with a licensed attorney.

If you have a valid claim, the personal injury attorneys at the Arnold Law Firm are ready to help you with the legal process. Our firm has more than 200 years of combined experience pursuing compensation for California injury victims.

Fault for a Pedestrian Accident

To pursue compensation for accident injuries, pedestrian victims must provide evidence that the vehicle driver is at fault.

Motorists have a responsibility to watch for pedestrians and obey right-of-way laws to avoid hitting them. Unfortunately, drivers can be negligent behind the wheel and fail to look for pedestrians.

There are many examples of driver negligence that can contribute to a pedestrian accident:

  • Running a stop sign or red light
  • Failing to stop at a crosswalk
  • Passing another vehicle at a crosswalk
  • Driving while impaired or distracted
  • Making a right turn without first looking for pedestrians

If the driver receives a traffic citation at the scene of the accident, it can strengthen your claim for damages. A citation helps connect the driver’s actions to your injuries, which is a critical element of any negligence claim.

What if the Insurance Company Claims You are at Fault?

Insurance companies may claim the victim is partially to blame for an injury. In a pedestrian accident claim, they may say the pedestrian was jaywalking at the time of the accident. They may also say you were impaired or walking in a place where pedestrian traffic is prohibited.

The experienced attorneys at Arnold Law Firm know how to defend a claim against these tactics. If we represent you, we are prepared to conduct a thorough investigation to determine the cause of the accident, which may include taking pictures of the accident scene, reviewing any nearby surveillance footage, reviewing the police accident report, and interviewing the driver and any witnesses.

Even if the insurance company can prove your actions contributed to the accident, you may still be able to pursue compensation for damages. Under California’s pure comparative negligence system, victims’ compensation awards are reduced in proportion to their percentage of fault. 

Factors in the Value of a Settlement

There are a variety of factors that can affect the value of your claim. The insurance adjuster and your attorney will likely consider the following factors when evaluating your claim:

  • The severity of your injuries
  • How clear liability is in the case
  • The nature and extent of your medical treatment
  • Whether the accident caused you to become disabled
  • How much income you lost as a result of the collision
  • The strength of your evidence against the insured driver

Contact Arnold Law Today to Discuss Your Accident

If you were injured in a pedestrian accident, the Sacramento auto accident lawyers at the Arnold Law Firm may be able to pursue compensation for your damages. We understand how to prove a driver may be liable for a pedestrian accident and the victim’s damages.

If we find you have a case and you hire us to provide legal representation, we are prepared to handle communication with the insurance company so that you can focus on your recovery.

Contact us today to discuss what happened to you or your loved one. Call (916) 777-7777 to schedule a free consultation or fill out a Free Case Evaluation form.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.