Modesto Pedestrian Accident Lawyer
At Maison Law Accident & Injury Lawyers of Modesto, we help injury victims throughout the area. One of the most common accidents you might find yourself in is a pedestrian accident. These are extremely difficult and can leave you and your family facing life-changing injuries. If you would like to learn more about your options, contact us today for a free, no-obligation consultation.
Do You Even Need a Lawyer?
If you’re like most people in modesto, you’re probably not expecting to be hurt in an accident when you’re just walking to a store or having a nice stroll with your family. Unfortunately, though, a pedestrian accident is one of the most common you’ll find in the city, especially in certain areas and conditions.
That said, legal action may not be necessary if your accident or injuries are minor. On the other hand, if your injuries are more serious, having our firm on your side can help. Our services include negotiation with insurance companies for fair settlement offers, leveraging our experience to your advantage. We protect your rights against unfair tactics and handle paperwork, reducing stress and allowing you to focus on your recovery.
Each pedestrian accident case is unique, so reach out for personalized advice. We provide free consultations and work on a contingency-fee basis, meaning no upfront costs for you.
What You Need to Do After a Pedestrian Accident
One of the things that makes a pedestrian accident so tough is that it’s very likely to be injured in them. This isn’t surprising, given the fact that you have no protection against a moving car. While there’s certain ways you can try to avoid these accidents, sometimes they’re unavoidable. So, if you’re involved in one, it’s important to know how to respond in the right way. Here’s what you should do:
- Call 911 and get medical care right away. Get further medical care at a hospital if your injuries are more serious.
- Collect contact and insurance information from all involved parties for future reference in the claims process.
- Gather evidence by taking photos or videos of the accident scene and any damage to support your case.
- Don’t admit fault or apologize, as it may imply fault and potentially weaken your case.
Injuries
Again, being in an accident as a pedestrian is going to mean injuries. While they can vary from accident to accident, most often they result in:
- Head Injuries – From concussions to severe brain trauma, head injuries range in seriousness. Seek immediate medical care for symptoms like headaches, dizziness, or memory problems.
- Broken bones – These accidents often lead to broken bones in arms, legs, ribs, or pelvis.
- Spinal injuries – These can cause partial or full paralysis, impacting mobility and bodily functions.
- Internal injuries – Damage to organs or bleeding inside the body can be serious and may not show immediate symptoms.
- Cuts and bruises – Even minor cuts and bruises need proper care to prevent infection and complications.
- Psychological trauma – Witnessing or being in a pedestrian accident can lead to PTSD, anxiety, or depression.
Obviously, you could be facing one or multiple of these injuries in your pedestrian accident. This makes your recovery very important, and a part of that is the actual legal process you’ll go through. The first step in that process is figuring out who is responsible.
Who’s Liable in a Pedestrian Accident?
As you might expect, establishing liability is key in any pedestrian accident, just like in any other injury claim. Liability typically rests on negligence, focusing on who failed to fulfill their duty of care to ensure pedestrian safety. This responsibility may fall on various parties, including:
- Drivers involved in the accident
- Other pedestrians
- Drivers not directly involved
- Motorcyclists or bicyclists
- City or state authorities
- Construction companies or crews
- Garages or mechanics
- Vehicle manufacturers
While drivers are often the primary focus, other factors like road conditions or pedestrian behavior may also contribute to liability. Instances where you may share fault may involve crossing the street improperly or ignoring traffic signals.
Damages
The main goal of filing an injury claim is to recover damages, which is simply the legal term relating to the losses from your injuries. This covers a wide range of potential problems, but by filing an insurance claim or lawsuit, you can potentially recover things like:
- Medical expenses – These are meant to cover hospital bills, doctor visits, prescriptions, therapy, and rehabilitation costs.
- Lost income – These damages relate to any lost wages from missed work or loss of earning potential if you can’t work anymore.
- Property damage – This covers repair or replacement costs for items lost in the accident, such as clothing or personal belongings.
- Pain and suffering – These are related to the physical pain and mental anguish you go through because of the accident. You can get separate damages for any emotional distress, like depression or anxiety.
- Loss of enjoyment of life and companionship – These cover the inability to enjoy things the way you did prior to the accident, and can also include damages for any negative impact on relationships with loved ones.
Recoverable damages depend on the accident’s circumstances, but remember that California follows “comparative negligence,” meaning your potential damages are adjusted based on each party’s level of fault. Even if partially at fault, you can still pursue damages for injuries, though the amount may be reduced accordingly.
What Causes Pedestrian Accidents?
You might think that every pedestrian accident is the same–a driver gets distracted and runs into you while you’re trying to cross the street or walk on the sidewalk. While this is indeed one of the more common causes, there’s actually a wide variety of different reasons these accidents happen:
- Distracted driving – Again, one of the leading causes of these accidents are that drivers often engage in distracting activities like texting or talking on the phone, leading to failure in noticing pedestrians.
- Failure to yield – Another leading cause happens when drivers fail to yield to pedestrians at crosswalks or intersections, which can cause accidents.
- Speeding – Exceeding speed limits reduces reaction time, increasing the likelihood of accidents involving pedestrians.
- Poor light conditions – Low light conditions, such as at night or during bad weather, make pedestrians harder to see.
- Driving while impaired – Impaired judgment and delayed reactions due to alcohol or drug use heighten the risk of accidents involving pedestrians.
- Poor road design – Inadequately designed roads or intersections in Simi Valley may impede visibility for drivers or safe crossing for pedestrians.
While every pedestrian accident is unique, you’ll find that many involve one or multiple of these causes. What’s important for you to remember is to prioritize your health and safety after you’re in one. Then, talk to our team to get further guidance and support.
Assistance from Modesto Pedestrian Accident Lawyers
Being injured in a Modesto accident, especially as a pedestrian, is always challenging. These accidents happen often in the city and can result in serious harm to you and your family. But you don’t have to deal with it alone.
At Maison Law Accident & Injury Lawyers of Modesto, we’ll help you through the legal process to make sure you get the treatment and care you deserve.
Contact us for a free consultation to learn more about your options.