Stockton Pedestrian Accident Lawyers
Pedestrian accidents can occur anywhere people are walking, even in parking lots or on sidewalks. These accidents are especially common near traffic intersections—even those with crosswalks and traffic signals.
Pedestrians, like motorcyclists and bicyclists, are at a significant disadvantage in an accident scenario. This is because pedestrians experience direct exposure to the ground and their surrounding environment. Therefore, if a car or truck hits a pedestrian in an accident, the pedestrian may fall on the ground and suffer debilitating and permanent injuries.
In some cases, the injured pedestrian may suffer such serious complications that they must reside at a nursing home or assisted living facility for ongoing care. For example, many seniors who fracture a hip in a pedestrian accident never return home or live independently again.
If you or a person you love sustained injuries in a pedestrian accident resulting from a driver’s negligence, you should seek the legal help you need immediately. The experienced Stockton pedestrian accident attorneys at Silva Injury Law can meet with you to determine how your pedestrian accident happened and decide if you may file a claim for monetary damages. If you are eligible to file a claim or lawsuit for damages, we can assist you with every step of the process and work to recover monetary damages that are fair and reasonable in your case.
We can help you reach a favorable settlement with the at-fault driver’s insurance company, or in the alternative, file a lawsuit against the at-fault driver and pursue a favorable jury verdict or binding arbitration award on your behalf.
Let us help you recover the total monetary compensation that you deserve. For a free case evaluation and legal consultation with a Stockton pedestrian accident lawyer, please contact our office and speak with our team today.
California Pedestrian Accident Statistics
Pedestrian accidents, unfortunately, continue to be a problem throughout California today. This is partly due to the significant amount of time many Californians spend outdoors. Many individuals rely upon local public transportation networks for their work commute and frequently walk or run for exercise.
According to recent statistics from the National Highway Traffic Safety Administration (NHTSA), the State of California has had the highest number of pedestrian accident fatalities in the country in recent years. In fact, the Stockton area was deemed the 15th most dangerous city in the country for pedestrians between 2010 and 2019.
The skilled legal team at Silva Injury Law can help if you recently suffered injuries in a Stockton pedestrian accident. We can help you file the necessary claim or lawsuit to recover the monetary damages you need to recover in your case.
What Is The Average Value Of A Stockton Pedestrian Accident Case?
Although some websites and other publications may state differently, there is no such thing as an average settlement in a pedestrian accident claim or lawsuit. The final settlement or litigation award that an accident victim receives is very case-specific.
Some critical factors that determine the final value of a pedestrian accident claim include:
- The specific injuries the pedestrian accident victim suffered
- The speed of the vehicle that hit the pedestrian
- Whether the pedestrian sustained a permanent or disfiguring injury in their accident
- Whether the pedestrian had to miss work time after their accident
- The total cost of the accident victim’s medical treatment
- Whether the accident victim may need to undergo a medical procedure in the future, such as surgery, physical therapy, or pain management
The best way to accurately assess your case’s total value is to speak with a Stockton pedestrian accident lawyer at Silva Injury Law right away. After reviewing the facts and circumstances of your accident, along with your injuries and medical treatment, we can estimate your likely recovery in a personal injury claim or lawsuit. We can then file a claim or lawsuit on your behalf to help you recover the monetary damages you need.
What Monetary Damages Can You Recover For Your Pedestrian Accident Injuries?
Pedestrian accident victims who can satisfy the legal elements of their claim can recover various types and amounts of monetary damages. Since every pedestrian accident case is different, the total damages that an accident victim may recover will vary in each case. The primary purpose of monetary damages in a pedestrian accident case is to make the accident victim feel whole again, as much as possible.
First, a pedestrian accident victim can recover monetary damages for all of their related medical expenses, including the costs of doctor appointments, physical therapy sessions, surgical procedures, and other accident-related medical treatment. If a medical provider determines, to a reasonable degree of medical certainty, that the accident victim may need to undergo a medical procedure or other treatment at some time in the future, the accident victim can recover compensation for those anticipated medical costs.
Next, a pedestrian accident victim can recover monetary damages for their lost wages if they have to miss time from work after their accident. Some accident victims can’t go back to work right away due to their pain levels. At other times, accident victims need to take time off work to attend physical therapy sessions and other medical appointments.
To obtain lost wage compensation in a personal injury case, an accident victim must submit documentation from their employer showing the dates that they missed from work, the hours that they missed, and the total amount of monetary compensation that they lost.
In some pedestrian accident cases, accident victims suffer such severe injuries that they cannot return to the same job or career. This is especially common when accident victims have to push and lift heavy objects while they are on the job. If they must take a pay cut when they switch jobs, they may be eligible to make a claim for loss of earning capacity.
In addition to economic damages following a pedestrian accident, accident victims can assert a claim for non-economic damages. The purpose of non-economic damages is to compensate accident victims for the losses they incurred that are intangible—and we can’t measure these in exact dollars and cents.
Some of the most common types of non-economic damages that pedestrian accident victims can recover include monetary compensation for their:
- Past and future pain, suffering, and inconvenience
- Loss of the ability to use a body part, such as with a spinal cord or paralysis injury
- Mental distress and emotional anguish, such as from post-traumatic stress disorder (PTSD)
- Loss of life enjoyment
- Loss of spousal companionship and consortium
- Permanent disfigurement or disability
- Lifetime care costs for residing at an assisted living facility or nursing home on a long-term or permanent basis
In addition to these economic and non-economic damages, injured pedestrian accident victims can make a claim for punitive damages if the at-fault driver behaved in a particularly egregious or reckless manner under the circumstances. For example, if the at-fault driver caused a pedestrian accident while under the influence of drugs or alcohol, the accident victim may be eligible for punitive damages.
While the primary purpose of compensatory damages is to compensate an accident victim for their injuries, the primary purpose of punitive damages is to punish the wrongdoer driver. A secondary objective is to discourage others from behaving recklessly and egregiously under the circumstances.
Who Has The Legal Burden Of Proof In A Pedestrian Accident Claim?
In a pedestrian accident claim or lawsuit, as with any personal injury claim, the accident victim has the sole burden of proving four legal elements in their case. First, the accident victim must establish that the at-fault party owed them a legal duty of care. With respect to pedestrians, drivers have a responsibility to drive safely and carefully at all times—especially when driving near traffic intersections and crosswalks.
Next, the accident victim must show that the at-fault party violated this duty of care in some way. For example, the driver might have violated one or more road rules or operated their vehicle while intoxicated, negligently causing the pedestrian accident.
In addition to the duty and breach elements, the accident victim must establish that they suffered at least one physical injury in their accident—and that their injury directly resulted from the pedestrian accident.
Establishing this legal burden of proof can be challenging to accomplish on one’s own. Therefore, the experienced Stockton pedestrian accident lawyer at Silva Injury Law can retain experts to testify in your case.
Those experts may include:
- An accident reconstructionist can speak with eyewitnesses to the pedestrian accident, visit the accident scene, and review police reports, to determine how the incident happened and who caused it.
- A medical expert who can causally relate a pedestrian accident victim’s injuries directly to their accident or establish that one or more of their accident-related injuries are permanent
Our skilled legal team can help you satisfy all of your claim’s legal elements and obtain favorable settlement or litigation compensation on your behalf.
Filing A Lawsuit In The Proper Deadline
Victims of Stockton pedestrian accidents do not have unlimited time to file a claim or lawsuit for their pedestrian accident injuries. Rather, accident victims only have two years from their accident date to file a lawsuit in the court system for monetary damages. Absent some extremely limited exceptions, including a minor’s incapacity, if a pedestrian accident victim files their lawsuit after two years, they waive their right to recover any monetary compensation in their case.
The Stockton pedestrian accident lawyers at Silva Injury Law are aware of the statute of limitations. We will file a lawsuit promptly in your case, thereby protecting your legal right to monetary recovery in your case. We can file a lawsuit in court promptly on your behalf and work diligently to maximize the total financial compensation you recover in your claim or lawsuit.
When Do I File A Pedestrian Accident Lawsuit?
A Stockton pedestrian accident lawyer may need to file a lawsuit in three circumstances:
- To prevent the statute of limitations from running out
- When the at-fault party’s insurance company disputes fault for the pedestrian accident
- When the at-fault party’s insurance company refuses to offer your fair monetary damages for your accident-related losses
After filing a lawsuit in your pedestrian accident case, settlement negotiations between your lawyer and the insurance company may continue in your case. In addition, your lawyer can assist you throughout the entire litigation process, including the discovery stage of your case. If your case must go to a civil jury trial or binding arbitration proceeding, our legal team can introduce the appropriate evidence on your behalf to maximize the total monetary compensation you recover.
Talk To A Stockton Pedestrian Accident Lawyer About Your Legal Matter Today
Pedestrian accidents can lead to debilitating injuries, some of which may become permanent. In addition to seeking the prompt medical treatment that you deserve after your accident, you should talk with a pedestrian accident lawyer who can address your legal questions and begin the claims filing or litigation process for you.
At Silva Injury Law, our team can help you maximize your case result by highlighting the strengths of your pedestrian accident claim during settlement negotiations with insurance company adjusters—and during the litigation phase of your case.
If the at-fault party’s insurance company refuses to take your case seriously and compensate you for all of your accident-related losses, we can file a lawsuit in the California Court System on your behalf and ensure that you receive the total monetary compensation you need and deserve for your injuries.
Remember, it is never a good idea to try to negotiate with the insurance company on your own. They will do everything possible to pay you as little as they have to. Claimants without representation regularly walk away with less than they deserve, and our legal team will not allow that to happen. Reach out to a Stockton personal injury lawyer.