Merced Pedestrian Accident Lawyers

Pedestrian Accident Statistics

Out of all personal injury incidents, pedestrian accidents are some of the most deadly. According to the National Safety Council, about 7,904 pedestrians died in 2020, with 6,516 of those deaths being traffic-related. Since 1994, annual pedestrian deaths have increased by almost 20%.

Unfortunately, the state of California seems to be a hotspot for these fatal pedestrian accidents. Another study by the NHTSA declared that California had the most pedestrians killed in 2019. In fact, the state accounted for more than 15% of all pedestrian deaths in the country. 

Average Settlement for Pedestrian Accidents

On the internet, you’ll find many sources that claim to know the average settlement for a pedestrian accident. While these may seem like trustworthy numbers at first, they don’t tell the full story. For example, these averages don’t include confidential settlements or verdicts. Many cases don’t end up publishing the claimant’s award publicly, so it’s impossible to know what they got. This can skew any averages calculated without including them. Ultimately, the best way to estimate the value of your case is to speak to some qualified Merced pedestrian accident lawyers. 

Types of Damages You May Seek

In pedestrian accident claims, there are two types of damages victims may seek. The first, known as economic damages, include any financial losses the victim incurs due to the accident. Essentially, financial losses are any costs with an economic value, such as:

• Doctor’s visits,
• Diagnostics,
• Medications,
• Surgeries,
• Rehabilitation,
• Property damage,
• Lost wages, and
• Reduced earning capacity.

Something to keep in mind is that economic damages aren’t limited to current bills. If your injury requires long-term treatment or care, you may claim those losses as well.

The second type of damage, non-economic damages, is somewhat more difficult to determine. Some Merced pedestrian accident lawyers call these “intangible” losses since they don’t have a standard financial cost. Some examples of this include:

• Pain and suffering,
• Mental or emotional anguish,
• Permanent disability,
• Severe disfigurement,
• Loss of quality of life, and
• Loss of intimacy.

These losses are so personal that they can’t be calculated using standardized methods. Instead, many attorneys use a custom formula based on the client’s specific circumstances. 

The Burden of Proof for a Pedestrian Accident Claim

Pedestrian accident cases, like all other personal injury claims, have a specific burden of proof that plaintiffs must meet. This proof consists of four elements that the victim must show with evidence:

• Duty of care—the defendant had an obligation to act in a safe, reasonable manner;

• Breach of duty—the defendant breached the above duty by taking an unsafe, negligent action;

• Causation—the actions of the defendant directly caused the injuries of the victim; and

• Damages—the victim has proof of losses as a result of the defendant’s actions.

This may sound intimidating, but remember that any evidence helps build your case. That’s why it’s important to consult a pedestrian injury attorney if you need help finding that evidence or reaching out to potential witnesses.

Statute of Limitations for Pedestrian Accidents

In the state of California, all personal injury victims have a limited amount of time to file a lawsuit. For pedestrian accident cases, this is no different. Currently, plaintiffs have two years from the date of the accident to file. If they don’t file by this date, the court will likely throw out the case, and the plaintiff will lose the right to pursue compensation from the at-fault party.

Our Merced Pedestrian Accident Attorneys Are Here to Answer Your Questions

If you or a loved one sustains an injury in a pedestrian accident, the last thing you need is undue pressure from the insurance company. At Silva Injury Law, we advocate for our clients as if they are our family. We never back down and always fight for the best outcome, no matter what it takes. To schedule a free consultation, call us or send us a message.