Pedestrian accidents can cause serious injuries and death. They are also among the least reported cases when it comes to road accidents. In some cases, the driver might fail to stop and the pedestrian cannot identify them. If you or a loved one was hit by a negligent driver, a Palm Springs Pedestrian Accident Lawyer can help you secure the compensation you need and deserve.
Here at the Crockett Law Group, we understand the devastating impact that accidents have on victims. That is why we aggressively fight for all of our clients and will stand up to insurance companies. We have won millions of dollars on behalf of clients. Contact us today at (800) 900-9393 to schedule a free, no-obligation consultation with a Palm Springs car accident attorney.
Table of Contents
Main Causes of Pedestrian Accidents
The leading causes of pedestrian accidents include:
A driver who over-speeds in places with low-speed limits will find it more difficult to stop in time when a pedestrian crosses the road. Most community streets, neighborhood roads, schools, and hospital areas have lower speed limits to protect both pedestrians and drivers. Increased speed will also result in more serious injuries to the victim.
When sidewalks and streets are dark, a vehicle has a higher risk of hitting a pedestrian crossing such areas. Most fatal pedestrian accidents happen at night especially in places with poor lighting. If the municipal council offers adequate light on sidewalks and streets, pedestrians will be safer.
Driving Under the Influence (DUI)
Drivers who are intoxicated with drugs or alcohol will have impaired general driving skills, capacity for reasoning, and reaction times. Therefore, they might not see the presence of a pedestrian especially at night or in bad weather.
When a driver is focused on other activities, they may not notice a pedestrian. Some of the activities that can distract a driver include stretching to reach items, eating, drinking, and talking on a mobile phone.
Failure to Cede the Right Way of Crosswalks
At crosswalks, drivers are expected to give the right of the way for pedestrians. If they fail to do that, they can be held liable for injuring a pedestrian.
What Should I Do After an Accident?
A pedestrian accident is a frightening and overwhelming experience. You may be unsure of what to do. It’s important to follow these steps:
Seek Immediate Medical Attention:
If you are the victim of a pedestrian accident, one of the first steps you should take would be to seek urgent medical attention. In some cases, you might feel fine but in reality, you could have sustained significant internal injuries which can worsen after some time. Therefore, even if you feel okay, a professional doctor should evaluate your condition and provide the required treatment.
You should keep copies of your medical records. You should also take photographs of any visible injuries as soon as possible, or have a friend or family take pictures if it’s somewhere like your back. Write down your injuries and note of any pain or other symptoms you experience each day in a journal.
File a Police Report
After you receive the required medication, you should immediately call the police to file a report. You should contact the police immediately after a car crash, so they can record the accident scene. If the police do not arrive at the scene, you should still file a report within 24 hours after the accident.
Do Not Discuss Fault on the Scene or to the Motorist’s Insurance Company
Don’t discuss who is at fault at the scene of the accident. This might end up hurting your case.
After the accident, it is likely that the driver’s insurance company will call you. In this case, they might ask you to give them a statement. Not only that, they might attempt to convince you to sign documents and accept a settlement. Only provide essential, basic information like your phone number, address, and name. Do not sign any documents or give a statement before getting in touch with an attorney because by doing so you might surrender your rights.
Contact Your Insurance Company
After the accident, you should notify your insurance company. Some California auto insurance policies provide coverage even to people who were not driving when an accident happened.
Seek Professional Legal Assistance
After receiving medical treatment and filing a police report, your next step should be to contact a Palm Springs car accident lawyer who has experience and knowledge in personal injury claims. Notably, you should contact the lawyer before you make a statement with insurers.
How Is Liability or Fault Determined in a Pedestrian Accident in California?
In order to prove the driver who hit you was negligence, your attorney needs to demonstrate the following:
Duty of Care
It will be critical to demonstrate the driver had a duty of care. All drivers are responsible for following traffic laws and driving responsibly.
Breach of duty
To prove liability, you must show the driver violated their duty of care. An example would be failing to yield at a crosswalk or breaking the speed limit.
You must prove the driver’s negligence was the cause of the accident and your injuries. If defective brakes caused a driver to lose control and hit you, you would have a case against the parts or vehicle manufacturer rather than the driver. It’s important to have medical records to prove the pedestrian accident caused your injuries.
Losses will be the last element in proving negligence in a pedestrian accident. You might suffer from financial, psychological, emotional, and physical damages. To receive compensation for the damages, you should prove that you suffered losses due to the motorist’s negligence.
How Can a Pedestrian Accident Lawyer Assist With My Claim?
You need a qualified attorney to help you with the following:
Your lawyer will analyze the available evidence including police reports, medical records, and security camera footage. After that, the lawyer will put together a strong case to prove that the driver was liable for the accident.
After a pedestrian accident, the insurer of the defendant might try to convince you to accept a low settlement. Other insurance firms might deny paying for my claim. A qualified pedestrian accident lawyer will advise you if the settlement is fair and negotiate for a better amount if it isn’t.
Trial Preparation and Representation
In case you fail to reach a settlement agreement, we are prepared to represent you in court. We will fight to ensure that you receive fair compensation.
What are the Time Limits for Filing a Pedestrian Injury Claim in California?
When it comes to personal injury cases in Palm Springs, CA, the affected person should file their case within two years after the accident date. Therefore, you should file my case as soon as possible.
How Much Will a Palm Springs Pedestrian Accident Lawyer Cost?
Your pedestrian accident lawyer at the Crockett Law Group will work on a contingency fee basis. In this arrangement, the lawyer will only receive payment after winning a case. If the lawyer loses your case, you do not pay them.
Get a Free Case Review Today
Although pedestrians have a right to use Palm Springs roads, distracted driving, failure to yield at a crosswalk, and other careless actions by drivers put pedestrians at risk. Pedestrians can suffer severe and even life-threatening injuries when an accident happens.
If you were hurt or lost a loved one due to a careless driver, the Crockett Law Group has an award-winning Palm Springs personal injury lawyer ready to represent your case. Kevin Crockett is honored to have the chance to represent his clients with compassion as he pursues the compensation they need and deserve. Most importantly, he can help you to recover compensation for medical bills, lost income, and pain and suffering.