How Do I Get a Pedestrian Accident Settlement?

The average injury-related medical bill in California exceeds $40,000. But compensation for medical bills in a pedestrian accident is just the beginning. Victims are also entitled to compensation for missed work and other out-of-pocket losses. Additionally, these victims are entitled to compensation for their emotional distress and other economic losses. So, the potential settlement in a pedestrian accident case is quite high.

An Oceanside personal injury lawyer is an important partner in the settlement process. A lawyer carefully evaluates a case and builds a strong, evidence-based case from the ground up. The additional preparation on the front end pays dividends on the back end. When settlement talks begin, a well-prepared Oceanside personal injury lawyer negotiates from a position of strength. As a result, maximum compensation is just around the corner.

Ordinary Negligence

Pedestrian accidents usually aren’t “accidents.” Negligence, or a lack of care, usually causes these injuries. In California, a negligence case has four basic elements:

• Duty: Generally, drivers have a duty of reasonable care. Much like the Good Samaritan went out of his way to help an injured traveler, motorists must go out of their way to avoid pedestrian accidents.
• Breach: A breach of duty is any conduct that falls below the standard of care. Most driving errors, such as failure to yield the right of way, are a breach of care. Likewise, most kinds of operator impairment, such as extreme fatigue, are breaches of care. Such driver errors cause over 90 percent of the pedestrian accidents in the Golden State.
• Cause: An Oceanside personal injury lawyer must establish cause-in-fact and legal cause. Cause in fact is “but for” causation (the accident wouldn’t have happened “but for” the tortfeasor’s (negligent driver’s) conduct. Bad weather and other such factors contribute to wrecks, but they usually don’t cause them. Additionally, the incident must be foreseeable (possible). Since it’s possible for a pedestrian to jaywalk into traffic, drivers must be prepared to avoid such hazards.
• Damages: If the victim sustains a physical injury, damages include compensation for economic losses and noneconomic losses, as outlined above.

The burden of proof in a civil case is a preponderance of the evidence (more likely than not). Evidence in a pedestrian accident claim includes the police accident report, medical bills, and witness statements.

Negligence Per Se

Many driving mistakes, especially speeding, failure to yield the right of way, and other aggressive driving errors, violate provisions of the California Vehicle Code. If the tortfeasor violates any safety law, and that violation substantially causes injury, the tortfeasor could be liable for damages as a matter of law.

This time-saving shortcut only applies if emergency responders issue citations. Alas, that often doesn’t happen in pedestrian accident cases, even fatal accident cases. Many emergency responders believe that vehicle collisions are civil matters that don’t merit police involvement. Therefore, they don’t write tickets to keep themselves out of court.

The good news is that negligence per se applies even if the tortfeasor “beats” the citation or other case in court. A civil jury decides all facts in a civil case, including guilt or innocence of a criminal or traffic law violation.

Connect With a Dedicated San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

pmc.ncbi.nlm.nih.gov/articles/PMC7326639/