Whenever a pedestrian suffers an injury from a car, the pedestrian may have several options for a subsequent lawsuit, perhaps against several different defendants. While negligent drivers are typically the primary defendants in most pedestrian accident cases, faulty traffic control signage or unsafe streets may also leave the municipality liable for the victim’s damages. Chula Vista residents should know their rights in the event a pedestrian accident occurs.
It’s important to remember that while drivers almost always bear the brunt of the fault in pedestrian accidents, some pedestrians contribute to the incidents that cause their injuries and share a portion of the fault for the incident. California follows a comparative negligence law, meaning that plaintiffs may still recover damages in personal injury lawsuits, but their percentage of fault in the incident reduces their total compensation amount. For example, if a judge deems a plaintiff to be 10% at fault for a lawsuit worth $100,000, the plaintiff will only receive $90,000 in damages.
Pedestrians hit by cars often suffer serious wounds, including broken bones, sprains, crushing injuries, lacerations, burns, brain injuries, and internal damages. Medical treatment is almost always immediately necessary, so injured pedestrians should always call for help if possible and wait for emergency personnel. An injured pedestrian’s priority should be medical care. Depending on the severity of the victim’s wounds, he or she may be able to provide a statement to responding police offers soon after receiving treatment.
If you suffer an injury as a pedestrian, it’s important to protect your ability to file a claim for damages later. After receiving medical treatment, your attending physician should provide you with a report that details the extent of your injuries, your future concerns, prognosis, and treatment plan. This medical report will be vital if you choose to file a personal injury lawsuit against the person who hit you.
Your attorney will likely connect with medical expert witnesses who will use this report to deliver their professional opinion regarding your injuries and the pain they caused. When filing a personal injury lawsuit, there are several types of damages that may come into play. “Pain and suffering” describes the physical pain and emotional anguish a defendant’s actions caused. This can include particularly painful wounds or recoveries involving multiple surgeries.
When you file a lawsuit, your attorney will help you meet all filing and documentation requirements with the court. Your lawyer should be able to provide you with an accurate idea of your chance of success and how much you could win.
Most pedestrian accident cases involve various types of damage, including:
Once you’ve handled your immediate medical issues following a pedestrian accident, it’s vital to connect with a reputable, experienced attorney to handle your case. Chula Vista pedestrians who suffer injuries from negligent drivers can contact the Law Offices of Howard Kitay for a free initial consultation. We take the time to get to know every client’s unique situation and will explore every possible avenue of compensation.