Recovering Compensation after a Serious Pedestrian Accident

Whether you are walking for exercise, to the coffee shop a block away from your home, or just across a parking lot into work, you are at risk of being injured in a pedestrian accident. Statistics from the Centers for Disease Control and Prevention (CDC) indicate that about 129,000 people visited emergency rooms in a single year because of pedestrian accident injuries, and more than 5,300 people died in pedestrian accidents that same year.

Pedestrians have almost no protection in a collision with a car or another motor vehicle, so they regularly sustain serious trauma to their bodies. Some common pedestrian accident injuries include:

  • Fractured limbs, ribs, or pelvis
  • Internal bleeding or organ damage
  • Crushed limbs or amputations
  • Spinal injuries
  • Traumatic brain injuries
  • Neck and back injuries

The above injuries can result in many extensive losses, such as:

Medical bills – Pedestrian accident victims often require emergency medical assistance. Depending on your specific types of injuries, your medical expenses may be for ambulance transportation, emergency room treatment, surgery, hospitalization, medication, medical equipment, rehabilitative therapy, home health assistance, and more. Some people need ongoing care, so their medical losses should be estimated well into the future.

Lost income – Few people get hit by a car and head into work right away. Often, injuries can create limitations that make it difficult or impossible to perform your job. You may also need to take time off for your physical recovery, especially if you needed surgery. Many people have to take unpaid leave after a serious injury, which can result in significant lost wages. If your injuries are long-lasting, you may have to change jobs or refrain from working for months or years, losing earning power.

Intangible losses – Many losses are not directly tied to bills or lost sums of money. Instead, injuries can cause intangible losses, which include physical pain and suffering, mental trauma, permanent injuries, and more. You deserve compensation for these losses just as much as you deserve compensation for economic losses.

Your Rights to Recovery

California law allows injured individuals the right to take legal action if another party acted negligently and caused the accident. The following are only some of many acts of negligence that commonly result in pedestrian accidents:

  • Distracted drivers
  • Failing to yield to pedestrians in crosswalks
  • Drunk drivers
  • Not paying attention to traffic signals
  • Speeding

When a driver is not paying attention, they may not notice a pedestrian in their path until it is too late to avoid a collision. Distractions are one of the most common causes of these collisions.

When you identify the negligent party, you can file an insurance claim to seek payment for all of your losses. Expect the insurance company to challenge your claim and offer much less than you deserve. Having the right personal injury attorney representing you can increase your chances at a favorable settlement offer sooner in the process. A lawyer may also need to file a personal injury lawsuit if an insurance company will not agree to the full financial recovery you deserve.