Pedestrian Accident Attorneys Increase Chances of Monetary Recovery after an Accident in Southern California

Pedestrian accidents are becoming increasingly common in California. Here’s how you can recover monetary compensation after being struck by a vehicle.

If you live in Southern California, you probably walk to your destination regularly. Established public transportation, such as OmniTrans or the Riverside Transit Agency makes it practical for people to get to their destinations without the need for a personal car. Regrettably, walking can be dangerous for pedestrians, as thousands are injured or even killed on California roads every year. 

The issue of pedestrian injury and fatality rates is a serious concern for Californians. When a person is struck by a moving vehicle, there is a likelihood that the pedestrian will suffer catastrophic injuries, which could have life-changing consequences. If you were injured in a pedestrian accident because of a driver’s wrongful actions, you should know that you have legal rights. Discuss your case with an attorney as soon as possible. 

Established Attorney Helping Pedestrian Accident Victims in Their Recovery Process

A 2017 report from the National Highway Traffic Safety Administration claims that when a person is struck by a vehicle traveling at a high speed, the person is more likely to suffer catastrophic injuries. Pedestrian injuries can range, but whether the injury involves broken bones, head trauma, or a spinal cord injury, the injury can have serious consequences. A vast majority of those suffering from injuries caused by pedestrian accidents have to deal with expensive medical costs, disability, and a loss of income. If you were injured by a driver, you can recover monetary compensation that will help you cover these expenses and more. An established attorney can help you. 

For more than a decade, personal injury Attorney Justin H. King has energetically advocated on behalf of pedestrian accident victims. Attorney King knows pedestrian accidents result in high expenses, including treatment costs and medication. Unbeknownst to many, pedestrian accidents also result in emotional trauma that can also have a financial impact on the victim. As a result, Attorney King works aggressively to ensure the at-fault party is held accountable for the victim’s damages. To learn more about your rights as a victim and to get started on your case today, schedule a no-obligation consultation with Attorney King by calling (909) 297-5001 or filling out the online contact form. 

Determining Fault After a Pedestrian Accident

Pedestrian accidents can be caused by a wide-range of factors, but one of the most common causes of these accidents is driver negligence. Drivers in California have a legal obligation to drive safely and avoid injuring themselves and others, including pedestrians. When a driver makes the conscious decision to drive recklessly, he or she can be held accountable for the injuries caused by the reckless actions. 

Filing a pedestrian accident claim is not difficult, but achieving a successful case can be a challenge. As an injured pedestrian, you will need to prove that the driver’s negligence led to your harm. The legal definition of negligence is lack of care given when another reasonable party would have, under similar conditions. To win your pedestrian accident claim, you will need to prove the existence of the driver’s negligence by establishing the following elements by a preponderance of the evidence:

1. The driver owed you a duty of care - You must demonstrate that the driver had a legal obligation to act in a certain way toward you. Since all drivers in California have a legal duty to drive safely, this element can be easily established. 
2. The driver violated the duty of care - In a pedestrian accident claim, this means that the driver failed to drive safely. As a result of the legal theory of negligence per se, the court can automatically assume the driver is at-fault for the accident if he or she was found to be in violation of a traffic law at the time of an accident. As a plaintiff, you will need to provide sufficient evidence demonstrating that the driver was driving recklessly. For example, if the driver was under the influence at the time of the accident, obtaining a police report and a toxicology report of the defendant will be helpful. 
3. Cause-in-Fact - Here, it is necessary to prove that the driver actually caused your injuries. This element is sometimes referred to as the but-for causation, where it is necessary to prove that had it not been for the driver’s actions, you would not have been injured. 
4. Proximate Cause - One of the most challenging elements to prove in a pedestrian accident claim is the proximate cause element. In pedestrian accident cases, drivers will only face accountability for the foreseeable damages caused by their actions. The proximate cause element can be established with the help of a complete analysis of the facts in the case. 
5. Damages - As an injured pedestrian, you will need to present evidence of your damages in the case. Damages are usually in the form of bodily harm, financial losses, and property damage. Depending on the facts of your specific case, you may be able to recover a damages award for your pain and suffering, loss of employment, loss of quality of life, hospital bills, and emotional distress. 

Obtain the Financial Compensation You Deserve With the Support of an Experienced Attorney

Pedestrian accidents are an unfortunate yet serious concern in Southern California. Every year, thousands of people are injured or lose their lives as a result of careless drivers. If you were injured while out jogging or walking, you have the legal right to pursue financial compensation from the at-fault party. Speak to an experienced attorney who will investigate the case on your behalf and help you recover the compensation you deserve. 

Award-winning Attorney Justin H. King is exceptionally experienced in pedestrian accident cases. For more than a decade, he has championed on behalf of those who have suffered injuries and other damages at the hands of another’s negligence. Attorney King is well-versed in the complexities of pedestrian accidents, including the difficulty in collecting indispensable evidence. Irrespective of the challenges, Attorney Justin H. King triumphs on behalf of his clients. After a pedestrian accident, time is of the essence, discuss your case with Attorney King. Consider calling him today at (909) 297-5001 or fill out the online contact form to receive a free case evaluation today. 

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The Law Offices of Justin H. King