Any vehicle accident can have devastating consequences, but when a vehicle driver hits a pedestrian, the injured pedestrian is likely to experience catastrophic injuries and substantial economic losses. In addition, the driver is liable for damages in almost all pedestrian accident cases. However, pedestrian accidents often cause intense liability disputes, complicating victims’ paths to recovery.
If you or a loved one is recovering from injuries sustained in a pedestrian accident in the Pomona, area, it’s vital to determine who is responsible for the incident. An experienced Pomona pedestrian accident attorney is the ideal asset in this situation. They can provide their client with the guidance and support needed to navigate their case effectively. When you choose the Law Offices of Christian J. Amendt to represent you in a pedestrian accident claim, you can expect personalized and responsive legal counsel throughout every phase of your case.
When a driver hits a pedestrian, the injured pedestrian has the right to seek compensation for their losses from the at-fault driver. Most vehicle accidents lead to auto insurance claims, but this may only provide a small recovery for the victim, failing to account for the entire scope of their claimable damages. With an experienced Pomona pedestrian accident lawyer handling your recovery, they can not only help you handle difficult insurance claims you face but also assist you in building a personal injury claim.
It’s technically possible to file a civil suit for personal injury without an attorney. Some people may hesitate to hire representation due to the assumed high cost of legal counsel in the face of their existing economic damages. However, the reality is that you are most likely to win a personal injury case and maximize your recovery with the help of an attorney, even after accounting for the cost of hiring legal counsel.
The Law Offices of Christian J. Amendt will provide ongoing guidance as your case unfolds and help you reach the best possible outcome. We understand that your recent pedestrian accident likely resulted in life-changing injuries and a host of economic concerns for you and your family. Our goal is to help you understand your legal options in close detail and take full advantage of your rights under California state law.
California enforces a pure comparative negligence standard that can come into play in any personal injury case in which the plaintiff bears partial fault for causing the incident in question. For example, when a motor vehicle driver hits a pedestrian, one of the most commonly claimed defenses in this situation is that the pedestrian caused the accident. While it is possible for an injured pedestrian to face partial liability for jaywalking or otherwise failing to exercise reasonable care, the driver has a higher duty of care to prevent injuries to pedestrians.
One of the most commonly cited issues to arise in pedestrian accident claims is jaywalking, or the act of crossing the street illegally outside of designated crosswalks. An at-fault driver may assert that an injured pedestrian did not cross the street properly or that they walked directly into the path of their vehicle with no time or space to slow down or stop. Pedestrian accidents that occur at intersections can be difficult to determine liability, but motor vehicle drivers almost always bear greater liability for these incidents.
When comparative negligence factors into a California personal injury claim, the judge handling the case assigns fault percentages to the plaintiff and the defendant, reflecting their respective levels of responsibility for causing the incident in question. The plaintiff loses a percentage of their case award equal to their fault percentage to reflect any comparative negligence they bear for causing their accident. For example, a plaintiff 10% at fault in a $100,000 claim will lose 10% of their case award or $10,000 to reflect their comparative negligence.
A pedestrian accident is highly likely to result in devastating injuries to the pedestrian, such as broken bones, traumatic brain injuries, and more. They may face expensive immediate medical expenses and ongoing treatment costs to manage symptoms and rehabilitate them after severe injuries. Many pedestrians will be unable to work while recovering, resulting in lost income and economic strain on their families. Some develop permanent disabilities from severe injuries like traumatic brain injuries and spinal cord injuries.
California’s personal injury laws allow the plaintiff in a pedestrian accident claim to seek full repayment of all economic losses suffered due to the actions of the defendant. Economic losses commonly cited in pedestrian accident suits include medical expenses, lost income, and property damage. The plaintiff’s Pomona pedestrian accident lawyer can assist them in gathering all the documentation needed to prove the full scope of their economic losses, including expert advice concerning projected future losses.
In addition to economic damages, California personal injury claim plaintiffs can also recover pain and suffering compensation. Their attorney can help them determine a reasonable amount to include in their civil claim based on how severe their injuries were and whether they face long-term or permanent damage. For many plaintiffs, pain and suffering accounts for the bulk of their case awards.
A pedestrian accident is highly likely to result in catastrophic injuries for the victim, many of which pose long-term or permanent economic strains on them and their family. Navigating the aftermath of any personal injury is much easier with legal counsel you can trust on your side, and the right attorney handling your case significantly increases your chances of success.
The attorneys at the Law Offices of Christian J. Amendt have extensive professional experience handling California personal injury claims, including those pertaining to pedestrian accidents. We know how damaging these incidents can be and recognize that victims often have several legal questions. Learn how a Pomona pedestrian accident lawyer can help. Contact us today to schedule your consultation with our team and get the answers you need to your most pressing personal injury questions.