Legal rights and compensation for pedestrian accident victims are crucial aspects of ensuring justice and support for those injured in such incidents. These rights empower victims to seek compensation for medical expenses, lost income, and pain and suffering, holding responsible parties accountable for their negligence. Legal professionals play a vital role in advocating for pedestrian accident victims
If you have suffered a severe injury in a pedestrian collision caused by a negligent motorist, you must obtain legal counsel promptly. The at-fault driver must account for your injuries. You should not be saddled with crippling medical costs and other financial obligations. A competent pedestrian accident lawyer can assist you in holding the negligent driver responsible.
What Is A Pedestrian?
California defines a pedestrian as someone who walks on foot; however, when examining who is deemed a pedestrian in California, the state broadens the definition to include those who move around using the following mobility devices:
- Motorized tricycles
- Self-propelled wheelchairs
- Motorized quadricycle
California’s pedestrian definition includes people who utilize an electric or manual mobility device for assistance other than a bicycle. This provides persons unable to move around on foot with the same level of security as walking pedestrians.
Negligence laws in California:
Understanding how responsibility works in California after a pedestrian accident is crucial to obtaining the compensation you are entitled to. According to state legislation (CIV 1714), whatever party’s carelessness caused a pedestrian collision must pay for damages. As a result, each party is given a percentage of responsibility, and a plaintiff (victim) can hold a defendant (at-fault party) liable for their proportionate share of damages.
In certain circumstances, drivers can be held completely accountable. Therefore, pedestrian accident victims can collect 100% of their damages. However, pedestrians may be held partially or fully responsible. For example, if a pedestrian is 20% at fault for texting while walking, they can recover 80% of the monetary reward.
Third persons may also be partially or entirely responsible for a pedestrian accident. For example, a government body if dangerous road conditions, such as a hole in the pavement, a design flaw in a junction, incorrect signage, and so on, contributed to the incident, or a car manufacturer if a defective item caused the crash.
Damages recoverable following a pedestrian accident:
Pedestrian accident victims may require extensive medical treatment to treat their injuries. Victims have the right to seek compensation for the medical care they received in the past, present, and future to assist them in recovering from their injuries.
Unfortunately, many pedestrian accident victims cannot work due to their injuries. These victims can seek compensation for past and future lost income and benefits, such as sick and vacation days, bonuses, and other work perks.
Reduced earning capacity
Aside from lost wages, accident victims may be able to file a claim for damages resulting from a loss of earning ability. These damages arise when an accident inhibits or limits an injured person’s ability to continue working in their present job or advance in their profession.
Consult a skilled car accident attorney to learn more.