Fullerton Pedestrian Accident Lawyer

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Fullerton Pedestrian Accident Attorney

Pedestrians face several risks near motor vehicle traffic, but most pedestrians are able to reach their destinations safely when they walk responsibly and follow posted traffic signals and crosswalk signs. However, negligent drivers can pose severe risks to pedestrians unexpectedly. When a driver hits a pedestrian, the pedestrian is likely to sustain serious injuries.

If you or a loved one recently experienced a pedestrian accident in the Fullerton, CA area, it’s vital to know your rights and the options available to you for recovering your losses. An experienced Fullerton pedestrian accident lawyer is the best resource to consult in this difficult situation. The right attorney can provide the legal representation you need to hold the negligent driver accountable for their actions and secure compensation for your damages.

Chris and Frank have years of experience representing clients in Fullerton, CA, and the surrounding communities in a wide range of civil claims. We understand the stress and uncertainty that often follows a personal injury and the difficult road to recovery you face after a serious pedestrian accident. Our goal in every case we accept is to help our client approach their case with understanding and to maximize their recovery to the fullest extent possible under California state law.

Why You Need a Fullerton Pedestrian Accident Lawyer

If you or a loved one recently suffered injuries in a pedestrian accident, you might assume that the at-fault driver’s liability is clear, and you should have minimal difficulty holding them accountable with a civil claim. The reality is that even the most straightforward personal injury cases can pose very challenging legal questions to plaintiffs, and the average person with no legal experience may not have any idea how to handle their case effectively without an attorney.

Hiring an experienced Fullerton pedestrian accident attorney to represent you is an investment into the quality of your recovery. The right attorney will know how to maximize the compensation you receive for your damages by thoroughly assessing the details of the case and exploring every potential channel of recovery available to you. Instead of making an already difficult situation worse by trying to handle it alone, have an experienced Fullerton pedestrian accident attorney represent you and guide you through your case proceedings.

Pedestrian Accident Attorneys Costa Mesa, CA

How Do Pedestrian Accidents Happen?

A pedestrian accident can happen anywhere where pedestrians are moving near motor vehicle traffic. Busy metropolitan areas are typically the most hazardous places for pedestrians, but pedestrian accidents may also occur in residential areas or backroads. Intersections are some of the most hazardous places for pedestrians. While the crosswalk sign may indicate it is safe for pedestrians to cross the street, nearby motorists may not be paying attention or may be otherwise negligent in a manner that results in a pedestrian accident.

When a vehicle driver hits a pedestrian, the driver is nearly always responsible for the incident. Drivers have a higher duty of care than pedestrians due to the simple fact that their vehicles are easily capable of inflicting massive damage on pedestrians. However, there are some situations in which pedestrians may bear liability for their accidents. The most common example is jaywalking, which describes illegally crossing a street outside of a designated crosswalk. If a pedestrian steps directly in the path of an oncoming car, the driver may not have time to slow down or room to avoid hitting the pedestrian. In this situation, the pedestrian is likely to bear partial responsibility for their damages.

Success with a pedestrian accident claim hinges on the plaintiff’s ability to identify the party responsible for causing the accident in question and proving the defendant failed to uphold their duty of care in the situation in question. The plaintiff and their Fullerton pedestrian accident attorney will need to provide evidence showing the full scope of the damages resulting from the defendant’s breach of duty and prove those damages resulted solely from the defendant’s actions. Traffic camera footage, eyewitness statements, and input from expert witnesses may all play crucial roles in proving a defendant’s liability in a pedestrian accident case.

Comparative Negligence in Pedestrian Accident Cases

California enforces a pure comparative negligence law that may come into play in a civil claim, in which the plaintiff bears partial fault for causing their claimed damages. Under the pure comparative negligence rule, the plaintiff still has the right to claim compensation for their damages. However, they lose a percentage of their case award equal to their percentage of fault for causing the accident. For example, if an investigation determines a plaintiff is 10% at fault for causing their claimed damages, they will lose 10% of the case award to reflect this. There is no threshold of fault that would bar plaintiff recovery.

Defendants will often assert comparative negligence to deflect some measure of liability away from themselves. If you have any concerns about the defendant in your case unfairly alleging comparative negligence, it is crucial that you consult an experienced Fullerton pedestrian accident lawyer as soon as possible.

Damages and Compensation in Pedestrian Accident Cases

When a vehicle hits a pedestrian, even at low speed, the pedestrian could potentially suffer devastating injuries. The pedestrian may not only suffer injuries from the primary impact of the vehicle hitting them but also the secondary impact of hitting the ground. Pedestrians injured by drivers report injuries such as:

  • Broken bones. Broken bones are very painful and sometimes difficult to treat. A bone fracture can potentially lead to multiple surgeries and cause a host of long-term symptoms, like chronic pain and diminished range of motion.
  • Traumatic brain injuries. Any head injury has the potential to injure the brain, sometimes with devastating effect. A traumatic brain injury can cause many short and long-term symptoms, some of which may not appear immediately after the accident. Many people who suffer traumatic brain injuries will face very difficult recoveries and may also develop permanent disabilities.
  • Spinal cord injuries. The spinal cord carries brain signals throughout the body and allows for conscious control of the body. When the spinal cord is damaged, the victim may experience a wide range of permanent effects due to the fact that the spinal cord cannot repair itself like the rest of the body. Any injury to the spinal cord is permanent, and a victim could face lifelong paralysis from a pedestrian accident.
  • Facial and dental injuries. Injuries to the face and teeth can be extremely traumatic, difficult to recover from, and expensive to treat. They can easily result in permanent disfigurement. These injuries are both painful and psychologically damaging.

The plaintiff in any California personal injury claim has the right to recover compensation for their medical expenses resulting from the incident in question. The plaintiff’s attorney can help them calculate the full scope of medical expenses they can include in their claim, which are likely to include emergency treatment costs immediately after the accident as well as any ongoing treatment costs for persistent issues and rehabilitation the victim requires.

The victim may also be unable to work for an extended period of time due to their injury. In this situation, the defendant is liable for their lost income until such time that they are able to return to work. If the injured pedestrian developed a permanent disability from their accident that prevents them from working at all in the future, the defendant would be liable for their lost future earning potential as well.

Beyond economic damages, plaintiffs in California civil cases also have the right to seek compensation for their pain and suffering. The amount sought in the claim should reflect the seriousness of the plaintiff’s injury and the long-term effects they face.

FAQs

Q: What Happens If a Pedestrian Causes an Accident?

A: It is possible for a pedestrian to directly cause an accident, but if a driver hits the pedestrian, they will still face at least partial responsibility for the incident. Drivers are legally required to avoid collisions with pedestrians at all times. When a pedestrian bears partial fault for causing an accident, the comparative negligence standard comes into play.

Q: How Long Will My Pedestrian Accident Claim Take to Resolve?

A: Your case could take several weeks to several months to conclude based on certain variables, such as the willingness of the defendant to accept liability and the extent of the damage sought in the claim. If a defendant denies liability or if settlement negotiations fail for any reason, the case must proceed to litigation and significantly extend the time required to finalize the claim.

Q: Can You Go to Jail for Hitting a Pedestrian?

A: Some pedestrian accidents occur due to criminal activity or egregious negligence, such as driving under the influence of alcohol or excessive speeding. In the event the defendant’s behavior exceeds the scope of typical negligence, they may face criminal prosecution in addition to civil liability for the victims’ damages.

Q: How Much Does It Cost to Hire a Lawyer?

A: Chris and Frank want to ensure our legal representation is available to those who need it most, so we offer contingency fee billing to our Fullerton clients. With a contingency fee, you only part with a percentage of your case award as our fee, but only once we win your case. If we fail to obtain a recovery on your behalf, you owe us nothing, and there are no upfront legal costs for our representation.

If you are struggling in the aftermath of a pedestrian accident in Fullerton, CA, contact Chris and Frank to schedule your free consultation with an experienced Fullerton pedestrian accident lawyer.

Actual Client Testimonials

This is the best firm to go to. They will fight for your rights to be compensated. I have a loved one that used them. They treat you like you are one of their own family members. I highly recommend them. To be honest I wouldn’t use any other firm.” Jeff E.

Client Review: 5/5
★★★★★
August 2021
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