California is one of the most beautiful places to explore on foot. It is also one of the deadliest. Year after year, California regularly has some of the highest numbers of pedestrian accidents throughout the country. These accidents often result in catastrophic injuries to the pedestrian because he or she has little protection when hit by a motor vehicle. Those injuries are not only painful, they are also very costly to treat. When accident victims need help with those costs, they can claim compensation through a personal injury lawsuit that will relieve the financial burden of the accident.
Pedestrian accidents may seem fairly straightforward, but these cases can quickly turn complex. Anyone injured needs to speak to a California pedestrian accident lawyer right away for assistance.Common Injuries in a Pedestrian Accident
When involved in an accident with a vehicle, pedestrians suffer some of the most severe injuries imaginable. Passengers in vehicles are protected by airbags, seatbelts, and a large steel frame. Pedestrians on the other hand, are completely unprotected. Cars are also extremely heavy, meaning that when they hit a pedestrian, they do so with great force, increasing the severity of the resulting injuries.
The most common injuries in a pedestrian accident include
- Multiple broken bones
- Severe cuts and lacerations
- Spinal cord injuries
- Traumatic brain injuries
- Lower body injuries, particularly to the legs and knees
- Torn ligaments
- Nerve damage
- Internal bleeding
Injuries incurred after a pedestrian accident are rarely minor. Factors that determine the severity of the injuries include the vehicle’s speed, the angle of impact, and the area of the body that was hit.Liability in a Pedestrian Accident
When an injured pedestrian wishes to claim compensation to help with the cost of his or her injuries, the victim must prove that someone else was liable, or at fault, for the accident. This presents challenges in any personal injury case, although California law does provide pedestrians many rights.
For example, drivers are required to give the right-of-way to pedestrians crossing a roadway using a marked crosswalk. Pedestrians also have the right-of-way when crossing an intersection that does not have a marked crosswalk. When drivers fail to obey either of these laws, the courts may find them negligent.
Other driver behavior can also help prove them negligent in an accident. When drivers travel at excessive speeds, drive when drowsy, text and drive, drive recklessly, or drive while drunk, they can be found liable for any resulting accidents. Drivers have a duty to operate their vehicles in a manner that keeps pedestrians and everyone else safe at all times.
Liability is difficult to prove in any pedestrian accident case. Injured pedestrians wishing to seek compensation through a personal injury lawsuit should speak to a California pedestrian accident attorney right away.Statute of Limitations
Under California Code of Civil Procedure section 335.1, injured pedestrians have two years from the date of the accident to file a personal injury lawsuit. If a lawsuit is filed after this time has elapsed, the courts will likely throw the case out, barring the injured individual from receiving any compensation.
Two years sounds like a lot of time to many people, but it is not. Before a lawsuit is filed, the plaintiff, or person filing the lawsuit, needs to gather documentation such as medical reports, and collect evidence to prove another person was at fault for the accident. This is often difficult for people to do on their own, which is another reason those injured should have an attorney to help them with every aspect of the case.Injured in a Pedestrian Accident? Talk to a California Pedestrian Accident Lawyer
A personal injury lawsuit can help injured pedestrians recover some of the costs associated with their injuries. However, every personal injury case presents its own challenges. Injured individuals who speak to a pedestrian accident attorney in California will give themselves the best chance of a successful lawsuit.
If you have been hurt in a pedestrian accident, call Willoughby Brod, LLP at (800) 427-7020 or fill out our online form. We know how to hold drivers at fault for pedestrian accidents, and we will work hard to get you the full amount of compensation you deserve. Do not deal with injuries on your own for another minute. Contact us today for your free case evaluation.