Even with marked crosswalks, raised sidewalks, and traffic signals directing both vehicular and pedestrian traffic, collisions between drivers and pedestrians are still common throughout the state of California. Given the size and weight of most cars, pedestrian accidents can cause catastrophic injuries, even at low speeds.
Fortunately, state law allows you to hold the person who hit you accountable for your losses. A Stockton pedestrian accident lawyer could help you file a legal claim effectively and efficiently. With guidance and support from a compassionate personal injury attorney, you could improve your odds of a favorable case outcome.
How Negligence Could Lead to a Pedestrian Injury
Motor vehicle operators assume an implicit legal “duty” to act in a reasonable and safe manner the moment they get behind the wheel of a car. This responsibility includes not only following traffic laws, signs, and signals but also maintaining awareness of their surroundings so they can react promptly to sudden hazards.
If a driver fails to live up to this responsibility and strikes a pedestrian, that “breach” of their duty would constitute legally actionable negligence. Accordingly, if you can prove you sustained compensable losses because of that accident, you would have grounds to hold the negligent driver financially accountable for all your ensuing losses.
Partial Fault in an Accident Case
Pedestrians almost always suffer more severe injuries in pedestrian accidents than the drivers involved. However, this does not mean that pedestrians are immune from liability in these cases.
State civil courts have the authority to reduce an injured party’s final damage award by whatever percentage of fault they find that plaintiff bears for their injuries. To avoid having your compensation reduced, you should get in touch with a pedestrian accident attorney in Stockton as soon as possible.
Pursuing Compensation Within the Legal Deadlines in Stockton
Assuming there are no issues with partial fault, a successful pedestrian accident lawsuit could result in compensation for both economic and non-economic losses resulting from your accident. Economic damages have objective financial values and include losses like medical expenses, missed work income, and lost future earning capacity. Non-economic damages are subjective losses such as physical pain, emotional anguish, and lost enjoyment of personal hobbies and opportunities.
It is important to note that if you wait too long to take legal action, you may not be able to obtain any compensation. California Code of Civil Procedure §335.1 grants personal injury victims two years from the date they discover their injuries to file suit. As such, it would be in your best interest to contact a lawyer familiar with pedestrian accident cases sooner rather than later.
Speak with a Stockton Pedestrian Accident Attorney Right Away
By nature, auto accidents involving pedestrians tend to cause especially devastating injuries, particularly if the incident occurs at high speed. Fortunately, if you suffered harm due to someone else’s negligence, you may pursue financial compensation for your injuries through civil litigation.
If you believe you might have reason to file a claim, you should consider discussing your options with a Stockton pedestrian accident lawyer. Call us today to set up a consultation.