In pedestrian accidents, both pedestrians and motorists could be at fault. A pedestrian may dart across the road and get hit by a car, or a driver may knock a pedestrian because he or she was not paying attention while driving. Almost always, the pedestrians will suffer greater injuries than the motorists, and those who are not at fault can seek compensation from insurance companies or the negligent parties.
An injured pedestrian who wishes to file for compensation has to prove that the accident was caused by a negligent motorist. Some of common factors that cause pedestrian accidents include a preoccupied or inattentive driver, speeding beyond permissible limit, failure to observe traffic devices or stop at a pedestrian crossing, driver doing other things while driving, and drunk-driving. Road conditions and weather conditions can also lead to pedestrian accidents, but in such cases, it is difficult for the injured pedestrian to get compensation from the motorist as it may not be a case of negligence.
The consequences of a pedestrian accident may be minor or serious. Common injuries that are associated with pedestrian accidents include head injuries, broken bones, temporary incapacitation, mental distress, permanent disability, and disfigurement. It is not uncommon for pedestrian accidents result in death. Most victims who suffer from negligible injuries such as minor cuts and bruises will not request compensation if the injuries did not require medical attention.
Usually, those who suffer from serious injuries, such as fractured bones, brain injury, and physical impairment will seek compensation. Treatment for these and other serious conditions resulting from the accident may be expensive and the victims may not be able to work for an indefinite period of time. Types of damages that are often covered in pedestrian accident compensation include physical pain, mental distress, medical costs, and loss of income. If the accident results in death, the compensation will also cover funeral expenses and, possibly, future wages.
Pedestrian accident litigation can be very complex, because it requires the cooperation of the police, witnesses, and doctors. As such, it is best that you leave the matter in the hands of an experienced lawyer. An attorney will conduct the necessary investigation, collect relevant information, prepare legal documents, and present the case in court. If you have a competent legal representative on your side, you will have a higher chance of winning the lawsuit. Hiring a lawyer doesn't mean you have to pay upfront. In fact, you are almost never required to pay a fee if you do not win the case. Contact The Majlessi Law Firm if you have been involved in a pedestrian accident in Santa Monica and you have suffered an injury. Don't wait. Give us a call today, and a Majlessi lawyer will discuss your case with you immediately.
("Legal information found on this page does not constitute legal advice.")