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Legal Issues Surrounding Auto-Pedestrian Accidents. Being hit by a car can be one of the most traumatic experiences of a lifetime. And in the hectic aftermath that follows an accident, a lawsuit might be the furthest thing from your mind. But if the accident occurred because of
someone else's negligence, and you've suffered injuries, you'll want to keep all your legal options open.
In this brief summary, we provide a high-level overview of lawsuits brought by
pedestrians against drivers -- focusing on the issues of fault, damages and the role that a lawyer might play in your case.
Fault for Pedestrian Accidents Fault is one of the first legal concerns an auto-pedestrian collision lawyer will consider when deciding whether to file a lawsuit.
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Did the driver run a red light? Was the driver speeding? Was the driver
intoxicated? Did the pedestrian wander out into traffic while texting? Could either person have avoided the accident?
In most states, a pedestrian can only recover in a lawsuit against a driver
when the accident was at least partially the driver’s fault. If, for example, the pedestrian literally wandered out into traffic while texting and there was nothing the driver could do to avoid the collision, it is unlikely that the pedestrian would be successful in a lawsuit.
Assuming that someone other than the pedestrian is at fault, it's also possible that more than one person might have caused a accident. Imagine Driver A
ran a red light. Driver B, who had a green light, had to swerve to avoid contact with Driver A’s vehicle. But the sudden swerve caused Driver B to lose control and hit Patty, a pedestrian on the sidewalk.
Under these circumstances, Patty the pedestrian could sue Driver A, even
though Driver A’s vehicle did not actually hit her. She would probably want to
sue both drivers, since Driver B might share a portion of the fault for failing to control the vehicle after the swerve. But it is likely that Driver A, as the driver primarily at fault for the accident, would pay most of the damages.
Damages in a Pedestrian Accident Case In a personal injury lawsuit, damages are meant to compensate the injured
person for all harm that was suffered. There is a saying in law that damages
are “meant to make a person whole again.” Obviously, it is difficult to equate money with injuries. But that is how the system works.
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There are multiple categories of damages, including: ● ● ● ●
medical expenses (past and future) lost wages (past and future) pain and suffering, and loss of enjoyment of life.
The more simple categories of injury damages are medical expenses and lost wages. All medical expenses that the pedestrian paid as a result of the
accident can usually be reimbursed as part of the damages in the lawsuit.
Also, if the pedestrian missed work -- whether due to the injuries themselves or to receive treatment for the injuries -- the driver is usually on the hook for any lost income.
The other categories of damages are trickier. How does one calculate the
value of pain and suffering? That is really up to a jury. To give an extremely rough guide, if a pedestrian suffers some scrapes and bruises and a sore
back for about a week, pain and suffering might be worth less than a thousand dollars. If the pedestrian suffers a broken hip, a broken collarbone, and a severe concussion, which leave the pedestrian with permanent severe
headaches and permanent severe pain in the neck and shoulder area, pain and suffering might be worth hundreds of thousands or more.
Loss of normal life or "loss of enjoyment" refers to the negative impact on the injured person’s life as a result of the accident. So, if an accident leaves a
pedestrian paralyzed from the waist down, and the individual used to be an avid surfer and rock climber, these damages would be higher than if the injured person had spent little time outdoors and active even before the accident.
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Lawyers and Pedestrian Accident Cases “Do I need a lawyer?” That question comes up quite often in injury cases. The answer is that it is possible for a pedestrian to handle a claim without a
lawyer, especially if there are only minor injuries and fault is not in dispute, but in most cases, it can be extremely difficult to go it on your own. Contact Details: Law Office of George Martin Phone: (661) 665-6070 Website: https://bakersfieldtrialattorneys.com Google Folder:https://goo.gl/XWroR3 Twitter: https://twitter.com/georgemartinlaw Google Maps: https://goo.gl/maps/TfjniXZnpS32 Related Content: Injury Law Bakersfield, CA Accident Injury Attorney Bakersfield, CA Car Accident Law Firm Bakersfield, CA Motorcycle Injury Lawyer Bakersfield, CA Dog Bite Attorney Bakersfield, CA PI Attorney Bakersfield, CA Auto Injury Lawyer Bakersfield, CA Wrongful Death Bakersfield, CA Accident Lawyers Near Me Bakersfield, CA Vehicle Accident Attorney Bakersfield, CA Traffic Accident Attorney Bakersfield, CA Brain Injury Lawyer Bakersfield, CA The Personal Injury Lawyers Bakersfield, CA PI Lawyer Bakersfield, CA Personal Injury Settlements Bakersfield, CA Collision Lawyer Bakersfield, CA Auto Accident Law Firms Bakersfield, CA Accident Injury Solicitors Bakersfield, CA Personal Injury Compensation Bakersfield, CA
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