Pedestrian Car Accident Lawyers in Chula Vista
Pedestrians are much more vulnerable to accidents than are the occupants of motor vehicles. Unlike people who occupy cars, SUVs or trucks, pedestrians do not have a protective metal frame around them for protection. When they are struck by motorists, pedestrians are much likelier to sustain catastrophic injuries or to die. In 2014, for example, there were 15 traffic fatalities in Chula Vista, California. Out of those deaths, nine were pedestrians. When pedestrians are seriously injured in accidents or killed, the victims or their families may benefit by getting the help of an experienced Chula Vista personal injury lawyer. An attorney might be able to recover more compensation for the victims or their families than they might be able to recover without help. By using their legal knowledge and negotiating skills, lawyers may secure reasonable settlements or verdicts to make their clients financially whole.dude
What is a pedestrian accident?
Many pedestrian accidents involve people being struck by motor vehicles when the people are crossing streets or highways. Pedestrians may also be injured in accidents that do not involve vehicles because of such things as construction debris, defective sidewalks, poorly maintained parking lots and debris that is left on walkways. When pedestrian accidents happen because of the negligent actions of others, the injured victims or the families of those who are killed may hold the negligent parties liable to pay damages by filing a personal injury or wrongful death lawsuits.
The common causes of Chula Vista pedestrian accidents
There are several common causes of pedestrian accidents involving motor vehicles in Chula Vista, including the following:
- Distracted driving
- Not yielding the right-of-way to pedestrians in crosswalks
- Failing to notice a pedestrian when turning
- Failing to obey traffic control signals
- Driving under the influence of drugs or alcohol
Pedestrian accidents that are caused by defective sidewalks and parking lots, construction or other debris or by maintenance issues will proceed under premises liability law. Those that involve motor vehicles will be governed by general principles of negligence.
Types of personal injuries that can be sustained in pedestrian accidents
Pedestrians who are struck by vehicles may suffer many different types of serious injuries, including:
- Head injuries
- Crushing injuries
- Thoracic injuries
- Spinal cord injuries
- Brain injuries
- Extremity injuries
- Internal bleeding
Because pedestrians absorb the full impact of the collisions, they often suffer multiple injuries and may be left with permanently disabling conditions.
What damages can be collected after being hurt in a pedestrian accident?
When people are injured in pedestrian accidents, they may recover compensation that includes economic and noneconomic damages. These categories of damages are called compensatory damages and include past and future medical costs, income losses, pain and suffering, mental anguish, disfigurement and loss of consortium for spouses. In cases involving fatalities, the families may recover the reasonable costs of the victims’ funerals and burials. The actual amount of damages that people might expect will depend on the severity of their injuries and the particular circumstances of their cases.
California also follows the comparative negligence rule. Under Cal. Civ. § 1714, people who are partly to blame for their accidents will have their gross awards reduced by the percentage of fault that is attributed to them. This means that a pedestrian who shares partial fault for his or her accident will have an award that he or she receives reduced by that percentage. For example, if a jury returns a gross verdict of $100,000 in favor of a pedestrian plaintiff but allocates 10 percent of the fault to the plaintiff, the pedestrian will receive $90,000.
Contact an experienced personal injury lawyer
Proving a pedestrian accident claim can be complex, necessitating a good understanding of negligence law, evidence rules and civil procedure. If you have been seriously injured in a pedestrian accident, you might want to get help from an experienced Chula Vista personal injury lawyer. An attorney may understand the proof requirements and help you to build a strong case. Having an attorney’s help may help you to win your case. Contact an experienced lawyer in Chula Vista today to learn more about the rights that you might have.
Pedestrian Accident Locations