Accidents between cars and pedestrians are not uncommon occurrences, but liability is not always as clear as some might think. There are various legal issues to consider that affects compensation for injuries and when one side or the other caused the accident.
One thing that is sure if you were the victim in a car-pedestrian accident is you want a Redondo Beach personal injury lawyer who will represent your interests. This area is known for individuals who love to partake in outdoor activities such as jogging or skateboarding.
Unfortunately, fellow residents behind the wheel are not always attentive to traffic signals and the rights of pedestrians. While circumstances surrounding some pedestrian accidents are not always clear, it is clear that you have a better chance of winning with a proficient law firm.
For staunch advocacy, you should seek legal counsel on getting compensation for a personal injury claim when you are hit by a car in any of the following:
- Driver’s failure to yield the right of way
- A crosswalk accident
- Driver’s failure to obey traffic signal
- Distracted driving behavior such as texting behind the wheel
- Driving under the influence of alcohol or drugs
- Speeding and other reckless driving behavior
Who’s to Blame for Your Accident?
The first thought that comes to mind after a car accident is who caused the collision. Determining fault can depending on actions from either side such as drinking, texting or running a red light. After resolving these factors, attention typically turns to the amount of harm the accident caused, and to whom.
Questions such as how badly you were injured are necessary to highlight damages and how that is interpreted in compensable terms.
Damages generally fit into one or all of four categories when the personal injury case involves a pedestrian:
- Medical bills
- Wages lost
- Pain and suffering
- Loss of a normal lifestyle
Medical expenses are probably the least controversial and simplest to resolve. If while walking down the street you are hit by a negligent driver, it is understood that the driver should pay your medical bills.
However, this seemingly simple scenario can have disputes. For example, a driver does not see a red light because he is reading a text message. Slamming on the breaks to avoid hitting a pedestrian slows down the speed of the car.
The pedestrian is still hit, but only has minor bruises from the impact. In addition, fear and surprise causes the pedestrian to also have a heart attack because of a weak heart condition.
Should the driver be responsible for medical treatment necessitated by the pedestrian’s heart attack? Not every pedestrian has a heart attack. Nevertheless, most courts would hold the driver liable for all expenses that resulted from the collision.
Lost wages for any work missed while recovering from accident injuries should be paid by the driver. The amount is based on the type of position the pedestrian holds. Someone who works in an office might be able to return to work sooner than a construction worker, for instance.
Pain and Suffering
Finding an objective answer to the value of what one year of chronic back pain means to a person is not as easy as calculating how much they would lose from not working. Courts attempt to answer whether the amount is worth $10,000, $100,000 or more.
The legal way to answer this is by awarding pain and suffering damages as part of your personal injury lawsuit. Usually, a judge asks a jury to answer this question based on the evidence presented in the case. Having a personal injury lawyer represent you helps to ensure pain and suffering is factored in even if the case never goes to a jury.
Loss of a Normal Lifestyle
While some people are not at all affected by a significant change in their lifestyle, others would watch their worlds turn upside down. Becoming permanently injured after a pedestrian accident introduces difficult adjustments that deserve to be appropriately compensated.
Get a Free Consultation with Redondo Beach Personal Injury Lawyers
Since you are the one who will pay a price for getting hit by a car, the driver of that vehicle should pay for your troubles. Our dedicated team at El Dabe Law Firm will strive to maximize the compensation you deserve. You are never obligated to pay any legal fees until we settle your case or get a legal judgment.