Pedestrians Are Defenseless Against a Motor Vehicle:
Pedestrian accidents can be one of the most serious personal injury matters that occur. A pedestrian has little to no protection to soften a blow when he or she is struck by a motor vehicle. There are certain things that you can do to help prevent a pedestrian and motor vehicle accident from occurring. As a pedestrian, you should always cross at intersections, stay in the crosswalk when crossing, stay on the sidewalk, obey walk signals, always be aware of your surroundings, make eye contact with a driver before crossing the street, be aware of your surroundings, and be as visible as possible by wearing bright, reflective clothing at night.
However, no matter how many precautions you take, a driver may still be negligent in his or her driving. Drivers too often do not pay attention to pedestrians and run stoplights, run stop signs, and fail to yield the right-of-way of pedestrians in crosswalks. Additionally, speeding and driving under the influence can be contributing factors to an accident.
At Allegiance Law, we specialize in representing injured pedestrians. Our attorneys have handled many pedestrian and motor vehicle accidents and therefore, we understand the nuances of the law as it relates to this personal injury field.
What Should You Do and Not Do If You Are a Pedestrian Hit By a Motor Vehicle?
Suddenly being involved in an accident can be frightening. The first thing to do is to stay calm and follow these tips:
- Check yourself for injuries and inquire if anyone else involved has been injured.
- Call 9-1-1, even if the accident is minor.
- If the accident is minor and you are not injured, move yourself to a safe place such as the side of the road or sidewalk.
- Do not make any statements to anyone at the scene, other than the police.
- Obtain the names, insurance information, and vehicle information from all parties involved.
- Take pictures of the vehicle involved and of the accident site.
- Get contact information for any witnesses to the accident.
- Make notes about the facts of the accident while it is fresh in your mind.
- Do NOT make any statements about the accident, unless it is to the police. And, do NOT sign any documents before speaking with an attorney, unless it is for the police.
- Call our office.
What Is My Case Worth?
The goal of personal injury actions, such as a pedestrian and motor vehicle accident, is to make the injured person “whole” through the award of money to compensate for injuries caused by the accident. For more information on what your case is worth, please click here: The value of one’s claim is derived from both the economic and non-economic damages. These damages are known as special and general damages.
Allegiance Law attorneys will seek both special and general damages on your behalf. Special damages compensate the injured party for monetary expenses incurred due to the injury. This includes compensation for medical bills, cost of future medical care, loss of earnings, loss of future earnings, property damage, and out-of-pocket expenses. General damages compensate the injured person for non-monetary damages such as pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium or companionship. Unlike special damages, the money value of general damages is less easy to quantify.
Be wary of a pedestrian accident lawyer that overinflates the value of your claim or promises you enormous sums of money upon your first meeting. Determining the value of your case will involve such things as careful review of your medical records, review of your employment records if claiming a loss of income, thoughtful in-depth interviews with you and your family members, and likely consultation with medical and other experts.
Settlement vs. Lawsuit:
Not all pedestrian accident attorneys are willing to file a lawsuit and to litigate your claim. Instead, some attorneys may insist on you accepting a quick settlement that may not reflect the true value of your claim. At Allegiance Law, our dedicated attorneys care about our clients and about the outcome of their claims. In many cases, our skillful attorneys can reach a fair settlement for you quickly and efficiently without the need for filing an action with the court. However, if a settlement cannot be reached, our attorneys are experienced litigators that are not afraid to vehemently represent you in a personal injury lawsuit.
When Should You Contact A Lawyer?
Pedestrian accident cases can be complex and involve serious injuries. While the most important aspect is the physical and emotional well-being of the injured person and their family, it is important to keep in mind that there are strict time limitations within which one must act in order to protect their legal rights in such matters. These time limits, called the statute of limitations, vary depending on the type of legal action and also vary by state.
With that in mind, it is never too early to consult with a seasoned pedestrian and motor vehicle accident attorney to understand your rights in pursing the matter against the negligent party. A reputable personal injury attorney will not pressure you to make important legal decisions right away. Instead she or he will advise you on important time limitations with regards to preserving your rights, will walk you through the entire legal process, and will help determine the value of your claim.
You may contact Allegiance Law, experienced pedestrian accident attorneys, at (415) 404-6395. Or you may contact us by filling out the client inquiry form on this page.