Monterey Pedestrian Accident Lawyers
The weather and views in Monterey invite you to leave your car at home and explore the city on foot. Whether you are part of a guided walking tour or simply walking to lunch from your office, pedestrians enjoy many benefits, and also many risks.
Some parts of Monterey are not conducive to optimal pedestrian safety. For example, many accidents and injuries happen when pedestrians and cars must navigate the confusing five-way stop of Sunset Drive, Congress Avenue and Cedar Street.
Victims of Monterey pedestrian accidents often suffer severe and catastrophic injuries. The main reason for these injuries is that, unlike car occupants, pedestrians do not have an outer shell that surrounds them when an accident happens.
Instead, they face direct exposure to their surrounding environment. If a car or truck strikes them with significant force, they may fall to the ground and suffer debilitating injuries. In some pedestrian accident scenarios, the injuries are so severe that the pedestrian suffers a fatality.
In the California, drivers and others who cause pedestrian accident injuries are legally accountable. If the at-fault driver has motor vehicle insurance coverage in place, it may supply the necessary coverage to make an accident victim whole again.
If you sustained injuries in a Monterey pedestrian accident, you should first seek same-day medical care at a hospital emergency room. A medical provider can diagnose your medical condition after ordering X-rays and MRIs. Next, you should contact a knowledgeable Monterey pedestrian accident lawyer at Silva Injury Law, Inc. as quickly as possible.
The Right Legal Representation For Injured Pedestrians
Pedestrian accident claims are sometimes difficult to prove. This is because insurance companies often try to shift the blame away from their insureds and onto accident victims. Despite what insurance companies say in their advertisements, they are not on your side, and it is not in their best interest to compensate you fairly for your injuries.
In fact, the insurance company only makes money by collecting premium payments from their insureds. They lose money when they have to pay significant monetary compensation in a pedestrian accident claim or lawsuit.
Some insurance companies will try to make you provide a recorded statement. They may also tell you that such a statement is required to recover monetary compensation for your pedestrian accident. However, nothing can be further from the truth.
Our legal team can tackle the insurance company head-on and aggressively fight for your legal rights. We can also help you pursue the monetary compensation you deserve by filing a lawsuit and litigating your case in the California State Court System. For a free case evaluation and legal consultation with an experienced Monterey pedestrian accident lawyer, please contact our firm today.
Who Is Responsible For A Pedestrian Accident In Monterey?
Even if a motor vehicle operator negligently caused your pedestrian accident, you, as the accident victim, still have the sole legal burden of proof in the case. The responsible driver does not have to prove anything in the case.
Many insurance companies will try and shift some or all of the burden onto the accident victim. They may allege that the injured pedestrian failed to cross the street at a designated crosswalk or that they jumped out in front of the vehicle, contributing to their own accident and injuries.
Our attorneys know how to protect our clients against false accusations of fault. We gather evidence of liability and fight for the full compensation you deserve, even if the driver will not initially accept responsibility for your accident.
The experienced Monterey pedestrian accident lawyers at Silva Injury Law, Inc. can help you negotiate a fair and reasonable settlement with the insurance company adjuster at work to maximize the total monetary recovery received in your pedestrian accident claim or lawsuit.
How Much Is A Monterey Pedestrian Accident Claim Worth?
Most pedestrian accident victims want to know the monetary compensation they can recover in their personal injury claim or lawsuit. As with most legal matters, the answer is it depends. Several different factors determine the amount of monetary compensation that a pedestrian accident victim receives in their case. Every case is different, and the facts surrounding pedestrian accidents vary significantly from case the case.
One common factor that determines the ultimate value of a pedestrian accident case is the type and severity of the accident victim’s injuries. Generally speaking, the more severe a pedestrian accident injury, the higher the monetary compensation they can recover in their case.
Examples of severe pedestrian accident injuries include broken bones, rib fractures, soft tissue injuries, and traumatic hidden brain damage. Pedestrian accident victims who fall on the ground can also suffer spinal cord injuries or paralysis, which leads to lifelong symptoms and complications.
Liability is another factor determining the ultimate value of a pedestrian accident claim or lawsuit. In cases where a judge or jury finds that a pedestrian accident victim caused or contributed to their accident, the damages that the accident victim can recover may be significantly lower than if the at-fault driver was solely responsible for the accident.
Finally, the available insurance coverage will determine the amount of monetary recovery you receive in a pedestrian accident claim or lawsuit. For example, if the at-fault driver had minimal insurance coverage, it does not matter that you sustained hundreds of thousands of dollars worth of damage unless the responsible driver had significant assets. Therefore, the more insurance coverage that the responsible driver has in place, the better off you will be.
How Long Do I Have To File A Pedestrian Accident Lawsuit For Damages?
The statute of limitations for pedestrian accidents in California is extremely short. Specifically, accident victims have only two years from the date of their pedestrian accident in which to file a lawsuit that seeks monetary compensation for damages. This statute of limitations is also extremely unforgiving. Therefore, absent some minimal exceptions, if you fail to file your lawsuit within two years, the court will prevent you from recovering any monetary compensation for your injuries.
Similarly, if you lost a loved one in a pedestrian accident, you have only two years from the date of your loved one’s death to file a wrongful death lawsuit in the court system. Again, if you fail to file suit within this time frame, the court will prevent you from recovering any monetary damages.
The knowledgeable Monterey pedestrian accident lawyers at Silva Injury Law, Inc. can file your pedestrian accident claim or lawsuit well within the required statutory period. After filing a lawsuit in the court system on your behalf, we can continue negotiating with the insurance company adjuster and, if necessary, litigate your case through the court system to an efficient resolution.
Will My Pedestrian Accident Case Go To Court?
The majority of pedestrian accident cases do not go to court. Instead, they settle at some point during the litigation process. Taking every pedestrian accident or personal injury case to court will place an enormous strain on the judicial system and on potential jurors. Moreover, taking cases to a civil jury trial is costly and timely. One of the best ways to avoid the time and expense associated with a trial is to settle the case out of court.
In some instances, pedestrian accident victims can avoid trial by pursuing some form of alternative dispute resolution proceeding, like mediation or binding arbitration. During a mediation hearing, a neutral mediator helps the parties work toward a favorable settlement.
At a binding arbitration proceeding, however, the parties allow a neutral arbitrator to listen to the evidence in the pedestrian accident case and determine a monetary amount to award the injured pedestrian. For an alternative dispute resolution proceeding to take place, both parties must agree to all terms.
The knowledgeable Monterey pedestrian accident lawyers at Silva Injury Law, Inc.
Can let you know whether it is a good idea to settle your case or take your case to a jury trial, mediation hearing, or binding arbitration proceeding. Whatever you decide, our legal team will be by your side each step of the way, aggressively advocating for you and fighting for your legal interests.
What Should I Do After My Pedestrian Accident?
Following a pedestrian accident, there are several essential steps that you should take. First, you should speak with the responding police officer about how the accident occurred and obtain a copy of the police report that the officer prepared. You should also take pictures of the accident scene and any visible injuries on your person.
Next, you should speak with any eyewitnesses who saw the accident firsthand and obtain contact information for them. These individuals may become important witnesses if your case goes to court. You should also get contact and insurance information for all motor vehicle drivers involved in the accident.
In addition to seeking same-day medical treatment, you should talk to a knowledgeable Monterey pedestrian accident attorney as quickly as possible. Our legal team can help you investigate the circumstances of your pedestrian accident by retaining an accident reconstructionist or other expert who can visit the scene, review photographs and investigation reports, and speak with witnesses. Our legal team will help you satisfy the legal elements of your pedestrian accident claim and recover the monetary compensation you deserve.
What Monetary Damages Can I Recover In My Pedestrian Accident Case?
Pedestrian accident victims who sustain injuries due to someone else’s negligence can recover various monetary damages for their losses. The damages the pedestrian accident victims can recover will depend upon certain factors, including the circumstances surrounding their accident, the specific injuries they suffered, the medical treatment that they underwent, and the cost of their medical treatment.
Other potential factors will include whether the accident victim had to miss time from work due to their injuries and whether the accident victim sustained a permanent injury in their accident.
First, injured pedestrians can bring a claim for economic damages to compensate them for their monetary losses and out-of-pocket expenses.
For example, they can receive damages for all of their related medical expenses, including the costs associated with:
- Emergency care
- Doctor visits
- Physical therapy appointments
- Medical procedures, including surgeries
If they had to miss time from work to attend medical appointments to recover from their injuries, they can bring a claim for lost earnings. In addition, if they had to take a pay cut and switch jobs because of the severity of their injuries, they can bring a claim for loss of earning capacity.
In addition to these economic damages, pedestrian accident victims can make a claim for non-economic damages.
These damages compensate accident victims for their:
- Mental distress
- Pain and suffering
- Lost quality of life
- Loss of spousal companionship
- Loss of the ability to use a body part, such as when accident victims sustain permanent spinal cord or paralysis injuries in their accidents
Finally, injured pedestrians can bring a claim for punitive damages. Accident victims are eligible to recover punitive damages if the responsible driver behaved in a particularly egregious or reckless manner under the circumstances.
For example, at the time of the pedestrian accident, the driver might have been under the influence of alcohol or drugs. The ultimate purpose of a punitive damage award is to punish the wrongdoer driver and to discourage other drivers from similar acts.
A knowledgeable Monterey pedestrian accident attorney at Silva Injury Law, Inc.
will do everything it can to maximize your monetary damages and ensure that you recover the total compensation you deserve in your pedestrian accident case.
Call A Skilled Monterey Pedestrian Accident Lawyer About Your Legal Matter Today
If you sustained injuries in a recent pedestrian accident, you should have skilled legal counsel on your side advocating for you at every stage of your case. At Silva Injury Law, Inc., our legal team will be by your side every step of the way, negotiating with insurance company adjusters on your behalf and, if necessary, litigating your case in the courtroom for a fair and reasonable result. Reach out to a personal injury lawyer.