Pedestrian Hit By Car in California – How to Bring a Lawsuit
Contents
- 1 Pedestrian Hit By Car in California – How to Bring a Lawsuit
- 2 Your Rights as an Injured Pedestrian
- 3 Steps to Take After Being Hit by a Car
- 4 Proving Fault in a Pedestrian Accident Case
- 5 Potential Damages You Can Recover
- 6 Why Choose Spodek Law Group for Your Pedestrian Accident Case
- 7 Frequently Asked Questions
- 8 Don’t Wait – Contact Us Today
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
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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:
- Call 911 and get medical attention right away
- Get the driver’s contact and insurance information
- Take photos of the accident scene, your injuries, and property damage
- Get contact info for any witnesses
- File a police report
- Do NOT admit fault or apologize
- 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:
- 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!