Pedestrians have the right of way when crossing the street in crosswalks. However, many pedestrians are injured by drivers who are driving while distracted or impaired. The following is an overview of personal injury law and how it pertains to people who have been hurt in pedestrian accidents. If you or someone you love has been hurt by a negligent driver, it may benefit you to speak with an attorney for advice.
Statute Of Limitations
The law requires people hurt in accidents to file a lawsuit within a certain period of time. In California, people injured in pedestrian accidents have two years to file a lawsuit in court. There is an exception if the accident is caused by a government worker. In these cases, you have just six months to file your claim.
If you are injured while crossing the street, you must prove the driver was negligent. Drivers have a duty to yield to pedestrians and must have their vehicle under control at all times. California is a comparative negligence state, which means that drivers who hit pedestrians may be required to pay damages to the victim, even if they were only partially at fault. Damages are decided by the jury in the case.
Drivers who injure people in pedestrian accidents may be required to pay damages to compensate the victim for their injuries. Some damages drivers may be required to pay include:
- Hospital Bills
- Ambulance Fees
- Doctor Visits
- Cost Of Alternate Transportation
- Lost Wages
- Possible Future Lost Wages
How A Lawyer Can Help
It can be difficult to determine who is at fault in pedestrian accidents. An experienced lawyer can interview witnesses, gather evidence and speak with the insurance company on your behalf. If your case goes to trial, your lawyer will represent you and help you obtain a fair settlement for your injuries.
If you have been hurt in a California pedestrian accident, contact a lawyer for advice. After speaking with you and examining your case, your lawyer will let you know you should proceed. Hiring a lawyer may help ease your mind while you recover and look toward the future.