You might believe that pedestrian accident cases always result in the driver being blamed because they’re usually fine while the pedestrian suffers grievous injuries. Yet many drivers will outright blame the pedestrian they hit, even when they know the pedestrian shouldn’t be liable. Determining fault often depends on a careful study of evidence and a legal professional’s talents to prove liability.
Pedestrians and motorists need to show each other a duty of care, which is to say they need to be careful and act reasonably to prevent pedestrian accidents. Additionally, motorists are expected to yield the right-of-way to a pedestrian when it is safe to do so. For this reason, motorists can often be proven as the liable party for a pedestrian accident.
Although, a pedestrian’s liability could go up if they:
- Crossed without a crosswalk
- Stepped into the road suddenly
- Walked in front of a car while previously obscured
- Traveled where pedestrians are strictly prohibited
We can try to prove that the driver who hit you was liable by carefully examining the available evidence and the scene of the accident. For example, if there are tire marks that indicate the driver was traveling quickly but you were hit in a parking lot where the speed limit was 5 mph, then it could be the evidence we need to pressure the insurance company into offering a maximized settlement amount.
Injuries in Pedestrian Accidents
As mentioned, pedestrian accident claims usually involve catastrophic injuries because of the massive weight and force differences between a person and a moving vehicle.
Pedestrians who are hit by negligent drivers may suffer the following injuries and more:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones
- Permanent scarring
High-speed pedestrian accidents often result in the pedestrian’s wrongful death. If you lost a loved one to a reckless driver, then we can help with a wrongful death claim and survival action.
Damages in Pedestrian Accident Cases
Due to the severity of most injuries suffered in pedestrian accident cases, the related damages usually add up to a significant sum. Everything from past and future medical costs and lost wages to non-economic damages for your pain and suffering can be pursued. As your chosen Fresno pedestrian accident lawyers, we will fight to leave not a cent owed to you on the table.
Let Our Team Elevate Your Pedestrian Accident Case
BD&J, PC in Fresno has attorney teams built to manage catastrophic injury cases, like those that often come from pedestrian accidents. When it is time to go head-to-head with an insurance company, you will want our experienced litigators leading the way. Thanks to the size of our law firm, we are always ready to hear from new clients and start new cases, so please don’t hesitate to call (855) 906-3699 whenever you need us. We answer the phone 24/7!