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If you or a loved one was injured in an accident as a pedestrian, it is important to understand your rights. The motorist or other responsible party may owe you reimbursement due to negligence.
Legal representation is always advised. In the event of disputes with the motorist’s insurance company or any determination of comparative negligence, it is best to collaborate with someone who knows your rights. Expert witnesses can also be called in to better defend you.
As soon as possible. If we work together with accurate evidence and comprehensive witness recollection, we are able to act fast and reap the best reparations for you. In California, the statute of limitations following an accident is one year. However, it’s important to act within the first few days or weeks.
Be prepared for your meeting with all relevant documents, including:
Any existing documents you do not yet have, we can obtain through investigation.
You can potentially be reimbursed for medical bills, loss of wages, and pain and suffering – all current and future – as a result of the accident.
Nothing is automatic, but most pedestrians who were in a crosswalk at the time of the accident will be compensated. California law states that in the absence of traffic lights, such as at a stop sign or unmarked intersection, crosswalks should be treated as a stop where the pedestrian has the right of way.
As a pedestrian, it is your duty to pay attention to motorists and obey the rules of the road. If a pedestrian offers no caution when crossing a street, he or she can be at fault for the resulting accident.
All motorists are required to obey all rules of the road, including respecting traffic lights, yielding for crosswalks, and watching for pedestrians. Special care should be given for pedestrians because of the serious threat motor vehicles pose.
Potentially, but not automatically. The specifics of your case must be looked over by a pedestrian accident attorney to help you determine the validity of your case. Ultimately, a court of law will determine the percentage of fault, and damages can be split by this percentage.
This depends on the nature of the case. For example, if the accident occurs due to a faulty vehicle part, the manufacturer may be sued.
Yes; however, this would more likely result in a wrongful death claim rather than a pedestrian accident claim.
For more information on how you can file a personal injury lawsuit for a pedestrian accident, contact the law offices of Estey & Bomberger.
If you are hesitant to contact us about your claim, it may help you to gain an understanding of what personal injury law is, and what is is not. We are ready to help you. Whether you prefer talking on the phone, coming into our office in San Diego, or you need us to come to where you are, give us a call at 1-800-925-0723 to schedule an appointment.