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Pedestrian Hit By Car in California – How to Bring a Lawsuit

Pedestrian Hit By Car in California – How to Bring a Lawsuit

If you’ve been hit by a car as a pedestrian in California, you’re probably feeling overwhelmed, injured, and unsure of what to do next. We get it – being involved in an accident like this can turn your whole world upside down. But don’t worry, our experienced attorneys at Spodek Law Group are here to help guide you through the process of bringing a lawsuit and getting the compensation you deserve.Let’s break down what you need to know about pedestrian accidents and lawsuits in California:

Your Rights as an Injured Pedestrian

As a pedestrian hit by a car in California, you have important legal rights. The most crucial thing to understand is that you can sue the driver for negligence to recover damages like:

  • Medical bills
  • Lost wages from missing work
  • Pain and suffering
  • Emotional distress
  • Property damage

Even if you were partially at fault, you may still be able to recover damages under California’s comparative negligence laws. And if a loved one was tragically killed after being hit by a car, the family can file a wrongful death lawsuit.The key is proving the driver was negligent and at fault for the accident. Some common examples of driver negligence in pedestrian accidents include:

  • Distracted driving (texting, eating, etc.)
  • Speeding
  • Failing to yield to pedestrians in crosswalks
  • Running red lights or stop signs
  • Driving under the influence

Our experienced attorneys know how to investigate these accidents and build a strong case proving the driver’s negligence. We’ll fight to get you maximum compensation for your injuries and losses.

Steps to Take After Being Hit by a Car

If you’ve been hit by a car as a pedestrian, taking the right steps immediately after can make a big difference in your potential lawsuit. Here’s what we recommend:

  1. Call 911 and get medical attention right away
  2. Get the driver’s contact and insurance information
  3. Take photos of the accident scene, your injuries, and property damage
  4. Get contact info for any witnesses
  5. File a police report
  6. Do NOT admit fault or apologize
  7. Contact an experienced pedestrian accident lawyer ASAP

The sooner you get in touch with us at Spodek Law Group, the sooner we can start building your case and protecting your rights. We offer FREE consultations, so don’t hesitate to reach out at 212-300-5196.

Proving Fault in a Pedestrian Accident Case

To win your lawsuit, we’ll need to prove the driver was at fault for the accident. This involves showing they were negligent and breached their duty of care. Some key evidence we’ll gather includes:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Police reports
  • Witness statements
  • Surveillance camera footage
  • Accident reconstruction expert analysis
  • Medical records documenting your injuries
  • Photos/videos from the scene

Even if you were partially at fault (like jaywalking), you can still recover damages under California’s pure comparative negligence system. The amount you can recover will just be reduced by your percentage of fault.Our skilled attorneys know how to build a rock-solid case proving the driver’s negligence. We’ll fight aggressively to maximize your compensation.

Potential Damages You Can Recover

If we’re successful in proving the driver’s fault, you may be entitled to significant compensation for damages like:

  • Past and future medical expenses
  • Lost income and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Punitive damages (in cases of extreme negligence)

The exact amount will depend on factors like the severity of your injuries, impact on your life, and strength of evidence. Our attorneys will carefully calculate all your damages to ensure you get full and fair compensation.Here’s a breakdown of average pedestrian accident settlement amounts based on injury severity:

Injury Severity Average Settlement Range
Minor injuries $15,000 – $75,000
Moderate injuries $75,000 – $200,000
Serious injuries $200,000 – $500,000+
Catastrophic injuries $500,000 – $1 million+

Of course, every case is unique. We’ll fight for the maximum compensation possible in your specific situation.

Why Choose Spodek Law Group for Your Pedestrian Accident Case

When you’ve been seriously injured as a pedestrian, you need a law firm with the experience, resources, and tenacity to take on the insurance companies and WIN. That’s exactly what you’ll get with Spodek Law Group.Here’s why we’re the right choice for your pedestrian accident lawsuit:

  • Decades of experience handling pedestrian accident cases
  • Track record of multi-million dollar verdicts and settlements
  • In-depth knowledge of California pedestrian laws and insurance tactics
  • Full-service firm with investigators and medical experts on staff
  • Personalized attention from senior attorneys – not passed off to paralegals
  • No fee unless we win your case
  • 24/7 availability to answer your questions and address concerns

We know how devastating a pedestrian accident can be. That’s why we’ll fight tirelessly to get you the full compensation you deserve so you can focus on healing and moving forward with your life.Don’t try to handle this complex legal process alone. Let our experienced team guide you every step of the way. Call us today at 212-300-5196 for a FREE, no-obligation consultation. We’re here to help!

Frequently Asked Questions

Here are some common questions we get about pedestrian accident lawsuits in California:How long do I have to file a lawsuit?In California, the statute of limitations for personal injury lawsuits is generally 2 years from the date of the accident. But there are some exceptions that could shorten this timeframe. That’s why it’s crucial to contact an attorney ASAP to protect your rights.What if the driver was uninsured?If the at-fault driver was uninsured or underinsured, you may still have options. We can help you explore filing a claim with your own uninsured motorist coverage or potentially suing the driver personally. Don’t assume you’re out of luck – let us review your case.Can I still recover damages if I was jaywalking?Yes! Even if you were partially at fault, you can still recover damages under California’s pure comparative negligence laws. Your compensation would just be reduced by your percentage of fault. We’ll fight to minimize any fault assigned to you.How much is my case worth?Every case is unique, so it’s impossible to give an exact value without reviewing the details. Factors like injury severity, medical costs, lost wages, and pain and suffering all play a role. We’ll carefully calculate all your damages to maximize your compensation.How long will my case take?The timeline can vary greatly depending on factors like case complexity, insurance company cooperation, and whether we go to trial. Some cases settle in a few months, while others may take a year or more. We’ll work efficiently to resolve your case as quickly as possible while still fighting for maximum compensation.Have more questions? Give us a call at 212-300-5196 for a free consultation. We’re happy to discuss the specifics of your case and explain how we can help.

Don’t Wait – Contact Us Today

If you or a loved one has been hit by a car as a pedestrian in California, don’t wait to get legal help. The sooner you contact us, the sooner we can start building your case and protecting your rights.At Spodek Law Group, we have the experience, resources, and dedication to handle even the most complex pedestrian accident cases. We’ll fight tirelessly to get you the full and fair compensation you deserve.Remember, the consultation is FREE and there’s no fee unless we win your case. So you have nothing to lose by exploring your legal options.Call us now at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule your free case evaluation. Let us put our expertise to work for you!

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