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Turlock Pedestrian Accident Lawyers

pedestrian injury attorney

Walking is widely considered one of the best forms of exercise. Perhaps you like to like to speed it up by jogging or running. You can get fresh air and enjoy California’s generally mild weather by using your feet for transportation.

Unfortunately, being a pedestrian can be dangerous. According to the National Highway Transportation Safety Administration, in 2019, an estimated 76,000 pedestrians were injured, and approximately 6,205 pedestrians were killed nationwide. Pedestrian fatalities increased by 3.9% in 2020.  

If you are a pedestrian who has been injured by a car, truck, or motorcycle, you may need a pedestrian injury attorney. Our Turlock pedestrian accident lawyers at Silva Injury Law can help. We understand the physical and emotional trauma that injured pedestrians experience. We fight tirelessly to ensure that injured pedestrians receive the compensation they deserve. Contact us today.

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Proving a Pedestrian Accident Claim

Drivers are more distracted than ever these days. When drivers use their mobile devices or other electronics, they may negligently injure pedestrians or people in other vehicles. Intoxicated drivers can also harm pedestrians. So too can drivers speeding or otherwise ignoring vehicular laws. All of these driving behaviors can be considered negligent or reckless driving.

California law provides a great deal of protection for pedestrians. When you bring a case in court against a negligent driver, the burden of proof will be on you and your lawyer to show that the driver was negligent or reckless when they injured you. The legal standards for negligence are:

  • Duty—the driver owed you, the pedestrian, a legal duty, such as the duty to abide by the vehicular laws for your safety;
  • Breach of duty—the driver breached that duty by failing to follow the law; and
  • Causation—the driver’s breach of duty caused your injury.

Causation can be either direct or proximate (indirect). For example, if a driver is texting and driving, and they hit another car that then hits you, the texting driver indirectly or proximately caused your injury.

Our experienced Turlock pedestrian lawyers will be able to discuss the details of your case. We can help you better understand whether you have a credible pedestrian accident claim.

Average Settlement for Pedestrian Accidents

It can be challenging to put a dollar amount on the emotional and physical trauma that you or your loved one suffered at the hands of a negligent driver. Financial compensation, however, is how the law tries to remedy these traumas. As an injured pedestrian, you may be able to recover different types of damages

Generally, in a personal injury case, such as when a driver injures a pedestrian, the pedestrian can seek economic and non-economic damages. Economic damages are damages that are easily quantified:

  • Lost wages,
  • Medical bills,
  • Hospital bills, and
  • The value of any damaged property.

Non-economic damages, however, are more difficult to value because they tend to be more subjective. They include pain and suffering, emotional distress, and the loss of enjoyment of life. An experienced pedestrian injury attorney can help you understand the average settlement for pedestrian accidents and the potential damages you may be able to recover in your case.

Comparative Negligence for a Pedestrian Accident Case

California is a comparative negligence state. Comparative negligence means that if the driver can show that you, the injured pedestrian, were at fault, a court can reduce the amount that the driver will have to pay you. However, comparative negligence does not mean that the pedestrian will not be able to recover anything if they are only somewhat at fault. Instead, the court will assign a percentage of fault to the pedestrian and reduce the recovery by that amount.

Pedestrian Wrongful Death Claim

Sadly, some pedestrian accidents result in death. California’s wrongful death statute allows certain family members to bring a case against a driver who caused the death of their loved one. Damages for a wrongful death case can include burial expenses, loss of companionship, or loss of financial support. If you lost a loved one in a car accident, you should discuss your situation with a knowledgeable pedestrian injury attorney.

Statute of Limitations for Pedestrian Accidents

Every type of case has a time limit for filing a lawsuit in court. For a California personal injury case, such as a pedestrian injury claim, you have two years from the date of the accident to file a lawsuit in court. For wrongful death cases, you have two years from the date of death rather than the date of the accident to bring a claim.

Two years may seem like a long time, but it can go by quickly if you are injured or recovering from an injury. You do not want to wait until the last minute to file your claim. Discuss your case with our skilled Turlock pedestrian accident lawyers as soon as possible so that you do not risk missing this critical filing deadline. 

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln

Hire Our Skilled Turlock Pedestrian Accident Attorneys at Silva Injury Law 

Pedestrian accident laws can be challenging to navigate. If you are a pedestrian who has been injured in a motor vehicle accident, you need a trustworthy advocate who you can rely on during this difficult time. At Silva Injury Law, we will fight to make sure you receive the settlement you deserve from the negligent driver or insurance company. Plus, we are skilled litigators who are not afraid to go to trial on your case if that is what it takes. Contact us today for an initial consultation.

 

Our experienced legal team also handles other types of personal injury cases, including: