The Oceanside area can be very busy, and pedestrians walking through metropolitan California must use caution, never assuming that nearby drivers will always yield the right of way where necessary. Unfortunately, even the most cautious pedestrians cannot always accurately anticipate the actions of nearby drivers, and pedestrian accidents can and do happen in Oceanside, CA regularly.
Whenever a motor vehicle hits a pedestrian, even at low speed, the victim is likely to sustain a host of serious injuries. They are not only likely to suffer traumatic physical injuries from the initial impact of the vehicle but also from the secondary impact of being thrown to the ground. Most pedestrian accident cases pertain to severe physical injuries, some of which cause long-term or permanent damage. If you or a family member recently suffered such injuries due to a driver’s negligence or misconduct behind the wheel, it’s vital to consult an Oceanside pedestrian accident attorney as quickly as possible to determine your best options for holding them accountable.
Perry Personal Injury Lawyers can provide the comprehensive legal representation you need for this sort of difficult case. Our firm has successfully handled many motor vehicle accident claims in Oceanside, including those arising from pedestrian accidents. While a claim against the at-fault driver’s insurance policy may offer some initial compensation, the insurance claim process is difficult and unlikely to fully compensate you for your losses if you suffered any extreme injuries. Our firm will assist you in determining the best method for securing the compensation you deserve from the at-fault driver.
Most pedestrian accidents happen for the same reasons that all other vehicle accidents occur. Distraction behind the wheel, speeding, moving violations, and mechanical failures are all common examples of negligence that can easily result in devastating injuries. The term “negligence” refers to a failure to exercise reasonable care in a specific situation. Most vehicle accidents happen because of various forms of negligence.
The victim in this kind of case must identify the party responsible for causing their injury, prove they had a duty to the victim that they did not fulfill, and show proof of the full extent of the damages the at-fault party caused. They must not only show evidence of the entire scope of the damages they intend to claim but also prove that those damages directly resulted from the defendant’s negligence and not some other cause.
Alternatively, it is also possible for a pedestrian accident to happen because of some kind of intentional misconduct. The most common examples of this are driving under the influence (DUI) of drugs or alcohol and reckless driving. Any time a driver causes an accident through any form of intentional and/or illegal misconduct, they face criminal prosecution from the state alongside a civil claim for damages from the person they injured. Additionally, their penalty for breaking the law could be automatically increased due to causing injury to another party.
Your Oceanside pedestrian accident attorney can assist you in proving exactly how your accident happened and identify the party or parties bearing fault for the incident. A good attorney can help their client secure material evidence from the scene of the accident, obtain statements from witnesses who saw the accident happen in real time, and even consult relevant experts who can provide professional opinions on specific details of the case.
Pedestrian accidents are not only unique due to the severity of the injuries plaintiffs have usually experienced but also the complexity of proving fault for this sort of accident. California enforces the pure comparative negligence rule, meaning that if a plaintiff bears partial responsibility for causing their personal injury, they are still allowed to claim damages from the defendant. However, they will lose a portion of the final case award equal to their portion of fault.
Jaywalking is the most commonly cited form of comparative fault to come into play in pedestrian accident cases. This term refers to any illegal street crossing. Pedestrians are expected to only cross streets at intersections within designated crosswalks only when traffic signals indicate it is safe to do so. If a pedestrian illegally crosses the street, they could step in front of a nearby motorist who does not have time to stop or swerve to avoid hitting them.
In the event that an injured pedestrian is found to bear partial responsibility for their recent accident, the judge overseeing their case will assign them a fault percentage to reflect their level of liability. This percentage is how much of their case award they will lose under the pure comparative fault rule. For example, if a pedestrian is found 20% at fault, they lose 20% of the total compensation they obtain for their damages. There is no threshold of liability that bars plaintiff recovery under the pure comparative fault rule.
An experienced Oceanside pedestrian accident attorney is the ideal asset to assist you in your legal proceedings. The right attorney can provide ongoing support and guidance as you seek accountability for the losses you suffered; they can also make it easier for you to understand all the legal mechanisms in play in your civil suit. Time is a critical factor in any personal injury case, and the first steps the plaintiff takes immediately following their injury have a significant impact on their subsequent recovery efforts.
The foundation of any personal injury claim is actual harm or damages resulting from the defendant’s actions. To succeed with your personal injury case, you must identify the party or parties responsible for causing your injury. You must prove their actions caused a tangible or measurable loss of some kind. In most pedestrian accident cases, the victim’s damages are relatively obvious. However, it’s possible for the full scope of the harm experienced by the victim to take time to fully materialize.
A pedestrian accident can easily result in severe physical injuries such as broken bones, traumatic brain injury, spinal cord injury, and more. Many of these injuries demand not only immediate emergency care but also ongoing treatment. After an accident, the victim should seek medical treatment immediately before contacting an Oceanside pedestrian accident attorney to represent them. State law permits the plaintiff in a personal injury case to seek compensation for the medical expenses required to treat their injuries, the income they are unable to earn while they recover, and any other economic losses directly resulting from the defendant’s actions.
It’s important for the plaintiff in an Oceanside pedestrian accident claim to not only prove exactly how their accident happened and identify the party or parties responsible but also show proof of the full scope of damages the defendant caused. This includes immediate and future financial losses. For example, if you suffered a catastrophic injury because of the defendant’s negligence, they are not only responsible for all the medical care you require immediately following the accident but also any ongoing treatment you need to reach maximum medical improvement from your injuries.
Similarly, you can claim lost wages and compensation for lost future income that you can no longer earn due to the severity of your injuries. If you were left permanently disabled by your pedestrian accident, the defendant is responsible for the future financial impact of your condition. If this entails lost earning potential because you cannot return to your job, the defendant is responsible for the income you reasonably expected you would have earned in the future had the injury not occurred.
California law acknowledges the experience of a personal injury is a compensable loss, so the victim of a pedestrian accident in Oceanside has the right to hold the defendant accountable for the physical pain and emotional trauma they experienced in the accident the defendant caused. This may seem like it would be difficult to translate into a monetary figure, but an experienced Oceanside pedestrian accident attorney will help their client determine a reasonable amount based on how severe the client’s post-accident condition is.
When a plaintiff makes a complete recovery in a relatively short time, their attorney is likely to seek pain and suffering compensation using the per diem method. This awards money for each day until the victim reaches maximum medical improvement. If the plaintiff suffered catastrophic injuries causing permanent disabilities, their attorney would probably use the multiplier method to calculate appropriate compensation for their pain, suffering, and diminished quality of life. Using this method, the attorney would multiply the plaintiff’s claimed economic losses by a factor representative of their condition’s severity. For example, if the plaintiff suffered $300,000 worth of economic losses and faces permanent inability to work, their attorney may seek several times this amount in pain and suffering compensation.
Once you have determined that another party is liable for causing your recent pedestrian accident, you should consult an Oceanside pedestrian accident attorney quickly to help you build your case. You may be able to begin your recovery efforts with a claim against the at-fault driver’s auto insurance policy, and this can potentially yield a valuable initial claim settlement. However, most insurance companies look for any possible reason to deny claims or justify lowball settlement offers to claimants. Having an Oceanside pedestrian accident attorney help you with this will significantly improve your chances of receiving a fair settlement offer without delay after your accident.
Even if you manage to secure a fair settlement offer from the defendant’s insurance policy with the help of your Oceanside pedestrian accident attorney, this is unlikely to fully compensate the entire breadth of the losses you suffered. Your attorney can then help you construct your personal injury suit against the defendant, seeking compensation for any damages the defendant’s insurance could not cover.
Most of the personal injury claims filed in Oceanside are resolved through private settlement negotiations. A private settlement allows both the plaintiff and the defendant to avoid the public attention, stress, and expense of a litigated civil case. As long as both parties are willing to compromise, it’s possible for them to resolve their case much faster than they could expect a litigated resolution. However, if the defendant refuses to accept liability for the accident, asserts comparative fault, or denies responsibility for the damages sought by the plaintiff for any reason, the case will need to be resolved by a civil court judge.
Whatever your claim entails, the team at Perry Personal Injury Lawyers is prepared to extend the full scope of our professional experience in handling your case. We take time to learn each client’s unique needs and concerns with respect to their recovery efforts to develop individualized case strategies. When you choose our firm to represent your case, we will help you understand the unique legal mechanisms in play, the scope of damages you can seek from the defendant, and what to expect as your proceedings unfold.
The sooner you secure reliable legal representation, the more likely you are to reach the best possible outcome for your impending pedestrian accident case. The state allows a two-year statute of limitations on personal injury claims, meaning that you have (from the date your injury occurred) two years to file your personal injury claim against the defendant who injured you. However, you should start your case filing process as soon as possible to have the best chance of success. Swift legal action helps to preserve the freshness of physical evidence and the reliability of any eyewitness testimony you will require to hold the defendant accountable.
Perry Personal Injury Lawyers can provide the compassionate and responsive legal representation you and your family need for your impending pedestrian accident case. If you are ready to explore the full scope of your options for legal recourse, contact our team today and schedule a free consultation with an Oceanside pedestrian accident attorney you can trust.
I had such a positive experience with Liam Perry. He really took the time to walk me through the process, hear my concerns, and most of all advocate for me when it felt like no one…
My mother and I were rear-ended on the freeway. We had our case with another law firm. The attorney was actually a family friend. That attorney was not responsive and did not work on our case.…
We were referred to Liam Perry from one of his colleagues. Immediately when he took my husbands case we knew he was going to be an amazing attorney. He always responded right away when we had…
"Super Professional and explained everything to me in a way that I could understand."
"I can't even express how happy I am to have found Liam Perry as my attorney for my accident. I definitely recommend him, I'm glad I am not alone in this because accidents can be super…
"Perry Personal Injury made me over 40k! The knowledge and determination is unmatched by any other legal representation I’ve ever experienced. At first, I was skeptical about being able to receive financial compensation, as so many…
"I highly recommend Liam Perry to any of my friends and family. I've known Liam professionally and personally. I've seen his work first hand. He is professional, collaborative, and a fierce advocate in getting great value…