Pedestrians have the right to cross or travel near roadways without suffering life-threatening injuries. Unfortunately, while drivers in Stockton have an obligation to avoid accidents with pedestrians, these dangerous collisions occur all too often.
If you were the victim of a pedestrian collision, our dedicated injury attorneys can help you hold a negligent driver financially accountable for your injuries and losses. However, before you can secure compensation for your bodily injuries, you must be able to establish that negligence played a part in your incident. A Stockton pedestrian accident lawyer will assist you with pursuing justice for your injuries.
Who is at Fault for a Stockton Pedestrian Accident?
The central question in most pedestrian accident cases is “who is at fault?” While some people assume that the motorist involved in the pedestrian accident is always to blame, the reality is more complex than that. A pedestrian accident attorney in Stockton will investigate how an accident occurred before developing a viable theory of negligence in the case.
Motorists must watch out for pedestrians while driving. This is especially true in cases where a pedestrian has the right of way. For example, drivers that collide with pedestrians in marked crosswalks or intersections with pedestrian traffic lights are typically found to be negligent.
That said, pedestrians also have an obligation to avoid accidents with motorists. For instance, a pedestrian that steps out in the path of a moving vehicle in a way that makes avoiding an accident impossible might not have a viable case for compensation from the motorist.
Attorneys can answer questions regarding liability and work to pursue cases against responsible parties. A legal representative will review the relevant facts before determining which party was ultimately responsible for a pedestrian accident.
How Long Do I Have to File a Lawsuit?
A person injured in a bicycle accident should avoid any delays when it comes to pursuing a case. The law limits the amount of time available for filing these claims. Any person that waits too long to file a bicycle accident injury lawsuit could violate the statute of limitations or the formal deadline for lawsuits.
This deadline varies from state to state and differs from one type of lawsuit to another. For bicycle accident cases in Stockton, the statutory period is two years, beginning on the date of the collision.
The consequences of filing a lawsuit after the statute expires are significant. Most of the time, the defendant will seek to dismiss the case immediately. Unless exceptions apply, the judge must often dismiss the case with prejudice. Dismissing the case with prejudice means there is no opportunity to file the claim again in the future.
However, plaintiffs can avoid this unfortunate outcome. A hardworking attorney can make sure that legal action has been filed on time to comply with the statute of limitations.
Contact a Stockton Pedestrian Accident Attorney Right Away
If a pedestrian accident in Stockton resulted in your injuries, you have a right to pursue legal action against the motorist that struck you. A personal injury case could provide you with the financial means to address your injuries.
There is no time to delay your injury case. Instead, reach out to our Stockton pedestrian accident lawyers as soon as possible.