Q: Is the Driver Always at Fault for a Pedestrian Accident?
A: While a pedestrian has a duty of care to obey crossing signals and use reasonable caution while walking near traffic, a driver has a higher duty of care to prevent injuries to pedestrians. In almost all pedestrian accident cases, the driver is liable for the resulting damages. However, it is possible for a pedestrian to incur partial liability under the state’s pure comparative fault rule.
Q: What Does Comparative Fault Mean in a Pedestrian Accident Claim?
A: California’s pure comparative fault rule means that each liable party in any civil claim will have a fault percentage assigned. The plaintiff may face partial liability if they contributed to causing their damages, and their fault percentage will be deducted as a penalty from their case award to reflect their shared fault. For example, if a plaintiff is found to bear 25% liability, they lose 25% of the damages recovered from the defendant.
Q: How Much Is My Pedestrian Accident Claim Worth in Moreno Valley?
A: The total potential value of any pedestrian accident claim in Moreno Valley depends on the severity of the victim’s damages. Under the state’s personal injury statutes, the plaintiff may seek compensation for any economic damages they suffered because of the defendant’s negligence or misconduct, and they have the right to seek as much pain and suffering compensation as they deem appropriate.
Q: Can I File an Auto Insurance Claim After a Pedestrian Accident?
A: State law requires drivers to have auto insurance that meets basic coverage requirements, and this insurance comes into play after any vehicle accident. If the at-fault driver has insurance, you can file a claim against them for some initial recovery. However, if they do not have enough coverage to fully compensate for your damages or if they do not have insurance at all, you will need to file a personal injury claim.
Q: How Much Does It Cost to Hire a Moreno Valley Pedestrian Accident Lawyer?
A: The attorneys at Easton & Easton can take your pedestrian accident claim on a contingency fee basis, meaning you will be required to pay our firm a fee only after we win your case. There are no upfront or ongoing attorneys’ fees, and the contingency fee at the end of your case will be a percentage of the total amount we recover for you. There is no risk of paying more for legal counsel than you win in compensation for your damages.
Easton & Easton can provide the comprehensive legal representation you need to approach your impending case with confidence and peace of mind. You have a limited window in which to file your claim after an accident, and the sooner you secure legal representation, the better your chances are of success with your recovery efforts. Contact Easton & Easton today to schedule your consultation with a Moreno Valley pedestrian accident law firm.