Thousands of pedestrians walk through Santa Ana and surrounding areas of California every day, and it is important to know what to do if you or a loved one is injured in a pedestrian accident. These accidents can happen unexpectedly and have devastating effects, and if a driver’s negligence or misconduct caused such an accident, an experienced Santa Ana pedestrian accident lawyer can help you hold them accountable.
The attorneys at Duque & Price have years of professional experience representing clients in Santa Ana and surrounding communities, including many pedestrian accident cases. These accidents can be tremendously damaging, and injured victims are likely to wonder how they can prove fault and recover compensation for their losses. Our team can work diligently to help you identify the party responsible for your accident and recover compensation for your damages.
With our team’s help, you can approach a difficult personal injury case with confidence. We have the skills and professional resources necessary to handle the most challenging personal injury cases in Santa Ana, and we have a solid record of success in past cases to prove our commitment to our clients’ recoveries. You have a relatively short time to build your case following a pedestrian accident, so it is crucial to connect with an attorney as quickly as possible.
When a motor vehicle driver hits a pedestrian, the injured victim will need to establish fault for the accident before they can recover compensation for their damages. This means accurately identifying the party responsible for causing the accident, proving exactly how they caused it, and then showing the full extent of the damages they suffered due to the defendant’s actions.
The legal aftermath of a pedestrian accident will likely mirror what you could expect after most other vehicle accidents. Every driver in California must have auto insurance that includes bodily injury liability coverage and property damage liability coverage, and this insurance can go toward compensating anyone injured in an accident a policyholder causes. The same applies to pedestrian accidents, but proving fault is still an essential first step in this type of case.
Once fault is established, your Santa Ana personal injury lawyer can guide you through the auto insurance claim filing process. Dealing with insurance company representatives can be challenging as they are trained to look for any way to deny a claim or justify the lowest settlement offer possible. Your attorney can help you negotiate a fair settlement with an insurance carrier and, if necessary, build a personal injury case against the at-fault driver.
In a California personal injury case, the injured plaintiff has the right to seek full repayment of their economic damages, such as medical bills, lost income, and lost future earning capacity, if they suffered a permanent injury that diminishes their ability to work. Additionally, they also have the right to claim pain and suffering compensation from the defendant, and this could form a sizeable portion of their case award if they suffered any kind of catastrophic injury.
It is possible for a driver to go to jail for causing a pedestrian accident in Santa Ana based on the manner in which they caused the accident. If they broke the law, such as by driving under the influence of drugs or alcohol, or if they were egregiously negligent, such as excessively speeding in a residential area, it is possible for the state to file criminal charges. The victim’s civil suit focuses on recovering compensation for damages, not punishing the defendant’s wrongdoing.
You can prove fault for a pedestrian accident using various forms of physical and digital evidence. Your attorney can secure a copy of the police report from the accident, drivers’ cell phone records, vehicle computer data, and recordings from nearby traffic cameras if any are available. The plaintiff in any personal injury case must prove fault for their damages before they can recover any compensation from the party responsible for causing the accident.
The total potential value of your pedestrian accident claim will depend on several factors, such as the overall severity of your injuries, your anticipated recovery time, and whether the accident caused any permanent harm. Your Santa Ana pedestrian accident lawyer can help you accurately assess the full extent of the damages you are eligible to recover, and they can help determine suitable pain and suffering compensation to seek from the defendant.
Yes, it is possible for a pedestrian to be at fault for their accident. Pedestrians have a duty of care to follow posted traffic signals and to use reasonable care when crossing intersections. Under California’s pure comparative fault rule, it is possible for an injured plaintiff to bear partial liability for their accident if the facts of the case show that they partially caused the accident. Their percentage of fault is deducted from their case award.
The cost to hire a Santa Ana pedestrian accident lawyer can depend on your case award when you choose Duque & Price to represent you. We do not charge upfront or ongoing attorneys’ fees for personal injury cases. Instead, we operate on a contingency fee basis, meaning our client only pays our firm a percentage of whatever compensation we are able to secure for them. If there is no recovery for the client, they pay no fee.
The team at Duque & Price has years of professional experience handling a wide range of complex personal injury cases in Santa Ana and surrounding areas, and we know the unique legal challenges that pedestrian accidents can present. If you believe you have grounds to file a personal injury suit in response to your recent accident, contact us today to schedule a free consultation with an experienced Santa Ana pedestrian accident lawyer.
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