An accident between a pedestrian and a vehicle can cause devastating injuries. With little physical protection, pedestrians are vulnerable to a vehicle’s impact and often suffer life-altering damages when hit. When the driver’s careless actions cause the crash, the court will hold them accountable.
Injury claims are challenging to prove without help from a knowledgeable personal injury attorney. Fortunately, when you sustain injuries because of a negligent motorist, a seasoned Bakersfield pedestrian accident lawyer will advocate on your behalf, helping you fight for the compensation you deserve.
How to Prove Fault in a Pedestrian Accident Claim
Injured people must prove the following elements to succeed in a pedestrian crash lawsuit:
The Driver Owed the Pedestrian a Certain Duty of Care
Motorists must drive like any other reasonable driver would in the same situation. They must follow safety laws, watch for pedestrians, and do their part to avoid accidents.
The Driver Failed to Provide the Duty of Care
The claim must show the driver was negligent by proving they were speeding, driving distracted, driving recklessly, or ignoring safety protocol.
The Pedestrian Sustained Damages Because of the Failure to Provide the Duty
Finally, the claim must show that the pedestrian sustained verifiable damages by presenting medical documents, bills, and verification that they missed time from work. A hardworking attorney in Bakersfield can collect evidence, such as the police report or witness statements, to show the motorist acted negligently when they wrecked into the pedestrian.
Collecting Compensation After an On-Foot Accident
After successfully proving negligence in a pedestrian crash, the plaintiff could be eligible to collect economic and non-economic damages. Economic or monetary damages are out-of-pocket expenses, while non-economic damages are injuries such as mental anguish. Settlements could cover the following:
- Current and future medical expenses
- Losing salary and future loss of pay
- Pain and suffering
- The loss of enjoyment of life
- Emotional trauma
- Permanent disfigurement
When a walker or jogger gets hurt by a careless motorist, they should not have to foot the bills and expenses. A Bakersfield lawyer could advocate on their behalf and help them collect the award amount they need to cover the costs of the on-foot accident.
What is Pure Comparative Negligence?
Sometimes, the injured pedestrian is partially at fault for the accident. For example, when a walker or jogger stumbles into oncoming traffic because they are looking down at their phone. The court would determine award amounts based on pure comparative negligence in these cases. According to California Civil Instructions No. 406, California residents in civil court cases can collect compensation from each other depending on their portion of responsibility.
Under the California Code of Civil Procedure Section 1431.2, the court requires the defendant to pay only the portion of non-economic damages for which they are responsible. The judge then subtracts the plaintiff’s percentage of liability from their settlement. A skilled attorney in Bakersfield could help determine the appropriate settlement amount in pedestrian crash cases where the pure comparative negligence rule might be a factor.
Call a Dedicated Pedestrian Accident Attorney in Bakersfield
When you get hit by a negligent driver, legislation is in place to help you recover your accident-related expenses. When the accident leaves you with serious injuries, dealing with legal work and insurance companies is probably the last thing on your mind.
Fortunately, our experienced legal professionals will review the details of your case and discuss your best options for damage recovery. Call our Bakersfield pedestrian accident lawyers today to schedule a consultation.
