Merced Pedestrian Accident Lawyers
When walking down the road, we always expect the drivers around us to pay attention and drive safely. This is especially true if we have kids playing outside and enjoying the California sunshine. However, the negligence of one driver is all it takes to completely devastate the life of a pedestrian. At Silva Injury Law, we passionately fight for the full recovery of victims of pedestrian accidents. Contact us today.
Our experienced legal team also handles other types of injury cases, including:
- Truck Accident
- Motorcycle Accident
- Sexual Harassment
- Slip and Fall
- Car Accident
- Wrongful Death Claim
- Dog Attack
- Drunk Driving Accident
- Distracted Driving Accident
- Bicycle Accident
- Nursing Home Abuse
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,
- 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.