Pedestrian Accident Lawyer Ventura
Not many people think about the dangers of walking down the street, to the store or from work. There were 1,061 pedestrian crashes in Ventura County between 2017 and 2021, resulting in 51 fatalities.
When a person is walking on a sidewalk or crosswalk and struck by a driver, then the injured victim can file a personal injury claim. Pedestrian accidents can cause serious injury to the victim because of the size and mass difference between people and motor vehicles.
If you believe that you have a valid pedestrian accident claim and want legal assistance, call our Ventura personal injury law firm today at (805) 448-4306. We will help you establish negligence in your pedestrian accident case and fight for you to receive the damages you deserve.
Main Causes of Pedestrian Accidents
Motor vehicle accidents that lead to pedestrian injuries are caused by a variety of factors, but typically they all have negligence in common. Drivers owe the community a duty of care when operating their vehicle. They must be cautious in areas where there is a higher likelihood of people walking such as intersections, neighborhoods and parking lots.
One of the most common reasons why pedestrian accidents happen is that people are distracted by their cell phones. Drivers who are too focused on emailing, texting, and changing music settings while driving are not paying attention to the road, and are likely to cause a crash.
Aggressive driving includes speeding and road rage. Running red lights, cutting off other vehicles, weaving through traffic, tailgating, and other hostile behaviors can cause a wreck.
The failure to yield the right of way to pedestrians is not only dangerous, but against state traffic laws. According to California Vehicle Code # 21950, drivers must yield the right of way to pedestrians crossing the road on a marked crosswalk or an unmarked crosswalk at an intersection, unless otherwise stated in the statute.
Every driver in California is required to carry liability insurance. California is a comparative negligence state. That means that each driver will be assigned a percentage of fault for causing the accident, and their damages will be reduced by that percentage of fault, or liability. Drivers are typically seen as the liable party in these types of accidents, but pedestrians can also be responsible for causing accidents and injury to themselves. For example, pedestrians who jaywalk.
Pedestrian accidents lead to serious injuries like permanent disability and disfigurement. When a person is hit by a car, they absorb the impact and the force of the vehicle. Common pedestrian accident injuries include broken bones, head injuries, road rash, as well as back and spine injuries.
Housed within the 33 vertebrae of the spine is the long cord of nerves called the spinal cord. Either the impact of the car or the fall to the ground can lead to spinal cord injuries, which disrupts the connection the nerves have to the rest of the body, thus ceasing communication from the brain to the extremities. A spinal cord injury can lead to permanent or temporary paralysis that affects the legs, torso or the whole body.
Some of the most severe head and neck injuries include traumatic brain injuries (TBI), an umbrella term for injuries that range from mild to permanent. Skull fractures, contusions, diffuse axonal injuries and hematomas are some examples of TBI.
When someone else’s negligence leaves you permanently injured, and you require long-term care, talk to us about getting compensation for your medical bills.
What to Do After You’ve Been Injured in a Pedestrian Accident
Call 911 right away to report the pedestrian accident. Your safety is most important, so move out of the way of the road if you are at risk of getting hit again, unless your injuries prevent you from doing so.
Get the name, address, phone number, email address and insurance information for the driver of the car who hit you. Never admit fault to the other driver or take responsibility for the injuries sustained. In fact, it’s good to remember that you are under no obligation to talk to the driver after you have exchanged information.
Take photos of the accident scene. These can be useful in your personal injury claim to show where the accident occurred and any relevant visuals, like a nearby stop sign or tire marks on the road.
Go to the nearest emergency room. Even if you don’t think you have suffered an injury, go get checked anyway because you don’t want to discover later on that the accident hurt you more than you initially thought. Your health and safety should be your priorities.
Contact an accident lawyer in Ventura immediately. We provide legal assistance in Ventura, CA on a variety of motor vehicle accidents; our practice areas include bicycle accidents, truck accidents and motorcycle accidents. If you have lost a loved one in a car accident or pedestrian accident, then we can assist you in pursuing a wrongful death claim.
Damages in a Pedestrian Accident Claim
You can recover damages in a personal injury lawsuit: compensatory damages and punitive damages. Compensatory damages include economic damages and noneconomic damages.
You may be entitled to financial compensation for your pecuniary losses from your medical bills and lost income. Also known as your economic damages, these provide compensation for any costs associated with your pedestrian accident, such as transportation to medical specialist or the cost of a wheelchair. A Ventura pedestrian accident lawyer gathers your bills, statements, receipts and invoices to come to a total sum of your financial losses.
Noneconomic damages are intangible but very real. They include emotional distress, mental anguish, and pain and suffering.
In some cases, the negligent driver may be ordered to pay punitive damages in your pedestrian accident case to punish them for their outrageous behavior, recklessness or extreme negligence. These damages are awarded to deter drivers from repeating the behavior in the future.
The Ventura pedestrian accident attorneys from the King Law Firm fight for you to receive fair compensation from the insurance company that the at fault party has a policy with. With law offices in Ventura as well as Northridge and Oxnard, our personal injury attorneys can provide information on your legal rights under California law.
Talk to a Pedestrian Accident Lawyer
The King Law Firm offers a free consultation for injured pedestrians in Ventura, CA. Our accident lawyers want to know what happened and to help you get the compensation for your lost wages, medical costs and other damages. Don’t be worried about legal fees; your case evaluation with one of our pedestrian accident lawyers is completely free. Additionally, there are no fees unless we recover compensation. Call us now at (805) 448-4306.