Modesto Pedestrian Accidents Lawyers

Our State Has A Higher Rate Of Pedestrian Accident Fatalities

The statistics regarding pedestrian accident fatalities in Modesto and throughout the United States are grim and getting worse. In a recent year, the number of people who died in pedestrian accidents across the country reached a 40-year high. This total was a 12 percent increase over the prior year when pedestrian fatalities were already high. An average of 20 people each day lose their lives on foot, and the problem only worsens.

The pedestrian accident problem is even worse in California. The state’s pedestrian fatality rate is 25 percent higher than the national average. In one recent year, almost 900 people lost their lives as pedestrians in the state. The safety problems in California have contributed to the sharp spike in pedestrian deaths in the United States.

Cities throughout California have tried to make their roads safer for pedestrians, but they have yet to seem to work. Despite numerous “safe streets” campaigns, drivers seem to get more dangerous each year. Public relations, and even enforcement campaigns, have yet to convince drivers to change their dangerous habits that put pedestrian lives at risk. As a result, the elevated fatality total has not come down at all and may not for the foreseeable future.

Until pedestrians can walk safely, Silva Injury Law will be there to protect their rights to compensation from those who cause their injuries. You need the right Modesto pedestrian accident lawyer on your side.

Distracted Driving Is The Cause Of Many Pedestrian Accidents

In addition, stepped-up enforcement campaigns have done little to stem the scourge of distracted driving, which is the main cause of pedestrian accidents. The more functionalities added to Smartphones, the more likely drivers are to focus on them when driving instead of on the road. The reversal of the long decline in pedestrian deaths ended when the Smartphone entered the picture, and fatality numbers have only increased.

It takes a second for a driver to miss seeing a pedestrian in the roadway ahead of them. The average driver will spend several seconds reading a text or checking social media behind the wheel. According to the National Highway Safety Administration, it takes up to five seconds to read or send a text while driving. During that time, they will not see stop signs and crosswalks when others have the right of way.

Other causes of pedestrian accidents can include:

• Drunk driving
• Speeding
• Brakes malfunctioning on care
• General carelessness
• Illegal left-hand turns
• Failure to yield the right of way

Most Pedestrians Will Suffer Serious Injuries In Accidents

Pedestrian accidents will cause serious injury. There is little chance that the pedestrian will walk away from the accident unscathed because there is little to protect them from impact. The average passenger car weighs 3,000 pounds, and the pedestrian will bear all the brunt of the force. Then, the passenger may be thrown onto the hard concrete surface or go through the car’s windshield.

The faster the car travels, the higher the chance that the pedestrian will not survive the accident. If the car travels over 31 miles per hour, there is a 50 percent chance that the accident will be fatal. Even at 16 miles per hour, there is a 10 percent chance of a fatality.

Common Injuries In A Modesto Pedestrian Accident

For every pedestrian accident fatality, numerous others survive the crash with serious injuries. Many injured pedestrians will never be the same after their injury. They may have years of grueling rehabilitation and many surgeries to recover part of their function before the accident.

Here are some common injuries that pedestrians suffer in accidents:

• Broken bones
• Head and neck injuries
• Traumatic brain injuries
• Organ damage and internal injuries
• Soft tissue injuries
• Spinal cord injuries
• Lacerations and contusions

How To Receive Compensation For A Pedestrian Accident

If you or a loved one have suffered an injury in a pedestrian accident, you must decide whether and how to take legal action if you want financial compensation. Your first step should be to speak with an experienced pedestrian accident attorney to learn more about your legal options.

If the driver involved in the crash followed California law, they should have an auto insurance policy to cover damages caused in an accident. If the driver does not have car insurance, you can file a claim against your policy for injuries suffered in a pedestrian accident since they involve a motor vehicle.

You also have the option of suing the responsible driver in court. Many people will begin by filing an insurance claim since it may be the quickest route to the compensation they deserve without the risk of a trial. However, you always have the option of filing a lawsuit immediately or if you cannot agree on a settlement agreement with the insurance company.

You Must Have Evidence Of Negligence To Win Your Case

Before you file a claim or lawsuit, your attorney must investigate what happened in the accident and compile evidence that you can use to prove your case. You are only entitled to financial compensation if you prove that the driver was negligent. You must learn exactly what the other driver did and compare it to what an ordinary driver might have done. A reasonable driver stops at a crosswalk and yields the right of way to pedestrians when legally necessary.

Your Damages In A Pedestrian Accident Case

Then, your attorney will need to put an exact dollar value on your damages. When you file a claim or lawsuit, you seek a specific amount to compensate you for your suffering, and you must know it ahead of time.

Your pedestrian accident damages will include:

• The complete cost of your medical care
• Lost wages for the time you missed from work or the reduction in your earning capacity
• Pain and suffering, which represents your physical discomfort and emotional effects of your injuries
• Loss of enjoyment of life
• Permanent scarring and disfigurement
• Loss of consortium damages for a partner or spouse

Suppose you are filing a claim after your loved one dies. In that case, your family can receive wrongful death damages, representing your family’s injury that you suffered when a family member died.

In addition, the personal representative can also file a survival lawsuit to recover the damages that your loved one suffered between the time of their injury and death. Then, your family can receive compensation for the necessary medical expenses before your loved one passes (for which you will still receive a bill).

Insurance Companies Make Getting A Settlement Far Too Difficult

One major obstacle in a pedestrian accident case is the insurance company’s tendency to blame the victim whenever possible. It is more difficult to blame the victim when they are crossing in a marked crosswalk. However, the insurance company will be much more aggressive in trying to cast blame in other cases. Your attorney may need to defend your actions to keep the insurance company from denying compensation or trying to reduce the amount of money that you can receive.

Dealing with the insurance company is a challenge in any personal injury case. It may be even more difficult in a pedestrian accident case when more money is at stake. The severity of your injuries means that any settlement will likely be higher than average. You should get every dollar you deserve because your settlement check or jury award will need to last you for years into the future.

First, the insurance company may deny a claim entirely or try to apportion some of the blame to you (reducing the amount you can receive in compensation). If they do make you a settlement offer, it will usually be for far less than you deserve. Here, it will be up to your attorney to point out that the offer is very low and advise you to reject it.

We Can Negotiate A Higher Settlement For You

You can always negotiate with the insurance company. They do not get to dictate what you get in compensation. They are trying to settle the case on behalf of their policyholder, who owes you money for what they did.

If an offer is too low, you are free to reject it and counter with your own demand. You can expect to go through this process numerous times before reaching an agreement. If you do not agree, you can take your case to a jury, who will decide the case and award damages if you win.

The insurance company knows that the settlement process is a long negotiation. Their tactics aim at wearing you down and discouraging you from asking more. Their tactics mean nothing in the face of an experienced and hard-hitting pedestrian accident lawyer from Silva Injury Law.

Hire Our Modesto Pedestrian Accident Attorneys

If you or a loved one have suffered an injury in a pedestrian accident, you can hardly deal with the details of the legal process. It takes time and experience that you do not have when you are unfamiliar with the legal process and dealing with serious accident-related injuries. Never make the mistake of trusting the insurance company to be fair or reasonable. The more you put into their hands, the less you can expect financial compensation.

You should always turn to an attorney after a pedestrian accident to safeguard and maximize your potential compensation. An attorney will immediately begin to protect your legal right to financial compensation while gathering the evidence that can help prove the other driver’s legal responsibility for the accident. Otherwise, the insurance company can unreasonably deny your claim or try to pressure you into making an admission, notwithstanding your physical condition.

Once your attorney can establish that someone else was negligent, they will go to work to get you the most possible money for your injuries. In many cases, that means standing up to the insurance company and putting pressure on them when they try to shortchange you.

Contact Our Modesto Pedestrian Accident Attorneys Today

The attorneys at Silva Injury Law will represent you in a determined and tenacious way when you have suffered an injury by someone else’s actions. We do not let insurance companies push our clients around, and we know how to stand up for your legal rights. You can reach out to us today to schedule your free initial consultation.

You can message us online or call us today at (209) 308-8924. We do not charge you for legal help unless you win your case.

Our Modesto Office Address

515 13th St.
Suite 203
Modesto, CA 95354
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