To succeed with a personal injury claim, you must not only identify the party responsible for your damages but also prove they are fully responsible for those damages. This requires proving they did not uphold a reasonable standard of care for the given situation. When a pedestrian accident happens due to a driver’s inattention, recklessness, or inebriation, the driver is negligent in their duty to operate their vehicle with reasonable care.
Once the plaintiff establishes a breached duty of care, the plaintiff and their Anaheim pedestrian accident attorney must then prove the full extent of the plaintiff’s damages, and they must also show that those damages would not have occurred but for the defendant’s negligence.
Establishing negligence can be a complex process, depending on the specifics of the pedestrian accident case. It’s generally safe for any injured pedestrian to expect solid grounds for legal recourse if another driver hits them. Drivers have a duty of care to respect pedestrians near the street and yield the right of way to pedestrians at all times, even when pedestrians cross the street illegally. California’s pure comparative negligence law may dictate that a pedestrian who crossed illegally will be partially liable for their claimed damages. However, there is still a greater duty of care for drivers to prevent accidents with pedestrians.
If you or a loved one sustained a serious injury while walking as a pedestrian, and you believe another driver is fully to blame for the damages you’ve sustained, it’s essential to meet with an Anaheim pedestrian accident attorney as soon as possible. Once you have addressed your immediate medical needs, obtain a report of your treatment from your doctor. That way, you have a documented piece of evidence showing you required immediate care following your accident. This medical report will be very useful in a future personal injury lawsuit for your pedestrian accident.
Your pedestrian accident likely generated a police report. Once you are able to do so, you should obtain a copy of this police report. This will be yet another invaluable document as you start building your personal injury claim. Your Anaheim pedestrian accident lawyer will use these two reports, all of the available physical evidence from the case, and additional records and documentation to prove the full scope of your damages. Some of the damages you might be able to claim in a pedestrian accident lawsuit include:
- Compensation for all current and future medical expenses. For example, if you need multiple surgeries to correct the injuries you sustained, you may not be able to undergo all of them immediately. You may require extensive physical therapy or other rehabilitative treatment for several months or even years. Your attorney will help you collect the evidence you will need to ensure all of your medical expenses are fully compensated through your claim.
- Pain and suffering compensation. California state law allows a plaintiff to recover compensation for intangible losses like emotional suffering, psychological trauma, and physical pain.
- Property repair/replacement compensation. In the event your pedestrian accident also resulted in physical damage to your personal property, you can claim the costs of repairing and replacing that property through your lawsuit.
- Lost income. If you suffered catastrophic injuries that left you unable to work for an extended time, you can claim compensation for the income you lost during that time. You may also be able to secure compensation for lost future earnings if you cannot work at all following your pedestrian accident.
It is also possible to receive punitive damages for a personal injury case when a defendant’s behavior exceeded the scope of typical negligence. For example, if a pedestrian accident occurred due to the defendant’s drunk driving, or while the defendant was engaged in other criminal activity, the defendant will likely face punitive damages in addition to criminal penalties. Consider punitive damages a way for the California civil court system to discourage similar behavior in the future. Your Anaheim pedestrian accident attorney can help you determine whether punitive damages may come into play in your case.
California law imposes a two-year statute of limitations on personal injury claims. If you need to take legal action after a pedestrian accident, it is imperative to work with an Anaheim pedestrian accident lawyer as soon as possible to start building your claim. Easton & Easton can provide the compassionate and comprehensive legal representation you need after a serious accident. Contact us today to schedule a consultation with our team and find out how we can help you recover from your pedestrian accident.