Hollister Pedestrian Accident Lawyer
No one ever expects to be hit by a car. Worse, the fear you may feel as a pedestrian who experienced an accident of this severity has lifelong effects. Even in a best-case scenario where you survive but suffer injuries, you still may be overwhelmed by a long-term diagnosis and an inability to work due to your injuries. Hollister pedestrian accident lawyers understand your situation, and we will take the legal burdens off your shoulders as we pursue justice on your behalf. You deserve to recover compensation for your injuries.
What Are The Most Common Reasons For Pedestrian Accidents?
Various situations may contribute to pedestrian accidents.
- Distracted driving: When a driver uses their mobile phone, attends to their radios, or talks to passengers, these activities take their attention away from the road.
- Driving under the influence of drugs or alcohol: When a driver becomes intoxicated and operates their vehicle, their reaction times to sudden changes become slower.
- Speeding: When a driver speeds over the legal limits, it becomes harder to stop their vehicle when a pedestrian appears.
- Failure to adhere to the pedestrian right-of-way: Drivers that fail to respect a pedestrian’s right-of-way often cause pedestrian accidents.
Environment: Factors such as the time of day and lowered visibility due to weather increase the chances of an accident.
What Is The Statute Of Limitations For Pedestrian Accidents?
The statute of limitations identifies the period within which you must file your pedestrian accident claim. The statute of limitations for pedestrian accidents in California is set at two years if the accident results in death. In situations where you suffered injuries but survived, the statute of limitations is set at three years.
While there are exceptions to the statute of limitations, courts rarely grant them. Exceptions exist in the following specific scenarios:
- If the injured victim was a minor at the time of the accident, the statute of limitations does not begin running until they turn 18; and
- If the injury is not detected right away because it doesn’t immediately present itself.
Speak with a pedestrian injury lawyer shortly after an accident to begin discussing whether you may have rights to compensation.
Burden Of Proof
If you initiate the claim, you are the plaintiff, and you must establish the elements of negligence by a preponderance of the evidence to win your case. This is called the burden of proof. The preponderance of the evidence standard means that you must establish that it is more likely than not that each element of negligence is present in your case. Your lawyer understands how to accomplish this and how to gather crucial evidence to build a strong case in your favor.
Do I Need A Pedestrian Injury Attorney?
Handling a pedestrian accident case without the assistance of a qualified lawyer may make the difference between recovering just compensation or getting nothing at all. These cases are complex. Your pedestrian injury attorney knows the tactics that insurance companies use to try to deny liability or try to get you to accept a settlement offer that is far less than your losses are worth. Your attorney knows just how to handle the insurance adjusters, so they will do all the talking and negotiating for you while you focus on healing.
And what about the value of your case? Most attorneys will not provide an average settlement value for pedestrian accidents because each case is so different, and many cases are settled for undisclosed amounts—so no meaningful average exists. Instead, your attorney will assess the specific facts of your case and calculate your case’s value, so you know what to expect as negotiations begin.