Elk Grove Pedestrian Accident Lawyers
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Our Elk Grove Pedestrian Accident Lawyers Are Here To Help You Make Informed Legal Decisions
Pedestrians face safety hazards every day. If you’ve been injured while walking or biking, let our Elk Grove pedestrian accident lawyers guide you on your next steps. Our attorneys can help you navigate the legal process and assist in filing your claim. Call (888) 488-1391 today for a free case review.
Since pedestrians lack physical protection compared to car passengers, they often suffer more serious injuries in accidents. If someone else’s careless actions cause you harm as a pedestrian, you can pursue compensation for your medical bills, lost wages, and other related losses. Depending on the circumstances, responsibility could rest with the driver, the driver’s employer, or a government agency.
Arash Law has years of experience handling complicated injury claims. Our pedestrian accident lawyers offer the following benefits:
- We are well-versed in local traffic laws and personal injury laws.
- You can rely on our team to help you seek fair compensation.
- We can negotiate with insurance companies on your behalf.
- If a settlement is not possible, we can represent you in court.
What Elk Grove Pedestrian Accident Lawyers Can Do
Elk Grove has many roadways and intersections that are particularly dangerous for pedestrians. Whether it’s a hit-and-run on Bruceville Road or an accident on West Stockton Boulevard, pedestrian incidents can lead to severe injuries or even death.
A legal professional can help you navigate the complex legal process if you get injured. Here’s what pedestrian accident lawyers serving Elk Grove can do:
- Thorough Investigation — They investigate your accident details, collect evidence, and review your medical records.
- Insurance Negotiations — They handle all insurance negotiations to protect you from unfair or inadequate settlement offers.
- Claim Valuation — They assess your claim’s value by examining your medical bills, lost wages, pain and suffering, and long-term care needs.
- Court Representation — If negotiations fail, we can file a lawsuit and represent you in court to seek fair compensation.
- Deadline Management — They handle all paperwork and work to complete filings on time to move your case forward.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
How Long Do Victims Have To File A Pedestrian Accident Claim?
Injured victims usually have two years from the date of the accident to file a claim. This deadline is referred to as the “statute of limitations.”
In some cases, specific circumstances extend this deadline. The two-year time window is paused under the following conditions:
- Injured Victim Is a Minor — The legal deadline extends until the minor turns 18. Once a minor reaches legal age, the victim has two years to file a claim. A parent or legal guardian may also file a claim on the minor’s behalf before the child turns 18.
- At-Fault Party Is Out of State — The time limit may pause until the at-fault party returns to California. This way, injured parties can still pursue legal action once the individual returns to the state.
- Accident Victim Is a Prisoner — The victim’s incarceration may pause the deadline for filing a claim. The time limit will not begin until the injured victim is released. This allows victims to pursue legal action after their release.
- Victim Is Mentally Incapacitated — The deadline may pause until the victim regains mental capacity. This principle protects individuals who are unable to make legal decisions due to their mental condition.
If the incident involves a government agency, the deadline may be shorter, so you need to act quickly to help protect your rights. Consider consulting an Elk Grove pedestrian accident attorney to track critical deadlines.
Why Hire Our Pedestrian Accident Attorneys Serving Elk Grove
Legal professionals understand the challenges faced by pedestrians involved in a collision. They aim to provide legal support and guidance.
Here are the advantages of choosing our pedestrian accident lawyers:
- Knowledge of Local Laws — Our lawyers are familiar with Elk Grove’s streets, high-risk areas, and local court system. This knowledge enables us to provide tailored advice to clients.
- Extensive Network of Support — Our network includes accident reconstructionists, medical experts, and other specialists who can help support your case.
- Represent Undocumented Immigrants — Our commitment to justice extends to everyone, regardless of their immigration status.
- No Fees Unless We Win — We work on a contingency fee basis. We will not charge you the attorney’s fee unless we secure a settlement or court judgment on your behalf.
Frequently Asked Questions About Pedestrian Accidents In Elk Grove
After an incident, you likely have many questions. You may even be looking for free accident lawyer advice. Many victims wonder, “Do I need a personal injury lawyer?” or “What steps should I take?” These are common concerns.
Below are answers to some common questions about pedestrian incidents. For concerns specific to your case, contact our Elk Grove pedestrian accident attorneys by calling (888) 488-1391.
How Much Will It Cost To Hire An Elk Grove Pedestrian Accident Lawyer Near Me?
The cost of hiring a lawyer near you will depend on the facts of your case. Several factors that may impact legal fees include the complexity of your case, the amount of evidence required, and whether your case proceeds to trial.
Our lawyers for pedestrian accidents serving Elk Grove handle personal injury cases on a contingency fee basis. So if you’re wondering, “Do lawyers only get paid if they win?” The answer at our firm is yes. You will owe no legal fees unless we win or settle your case. Any attorney’s fee is typically a percentage of the compensation recovered and is discussed with you in advance.
Can I Still Recover Compensation If I Wasn't In A Crosswalk?
Yes. Even if you were not in a crosswalk when a car hit and injured you, you might still have a case. To establish liability, we must determine whether the driver acted negligently. You may pursue compensation if the driver was texting or speeding when they hit you.
Consider consulting Elk Grove pedestrian accident lawyers. They can help you understand your rights and potential damages.
How Much Compensation Will I Receive For My Pedestrian Accident In Elk Grove?
There is no guarantee of a specific amount. The potential compensation you can pursue will depend on various factors, including:
- How severe your injuries are.
- Your ability to continue working.
- The long-term impact of your injuries.
Elk Grove pedestrian accident lawyers will gather and present evidence to show the extent of your injuries and losses.
Will The At-Fault Driver Go To Jail For Hitting A Pedestrian?
In most cases, the at-fault party will not face jail time. Only an extremely negligent or intentional act would result in such a punishment.
Drivers who are intoxicated, drive recklessly, or violate traffic laws may face criminal charges. If the accident is unintentional and due to simple negligence, the driver may only face civil liability. In such cases, the at-fault driver must compensate the injured pedestrian.
How Long Will The Settlement Take?
Settlements can take months or even years to finalize. Several factors can affect the duration of the process, including the length of your medical treatment, the clarity of fault, the extent of available insurance coverage, and whether the case proceeds to court. In some situations, negotiations continue until your injuries and future medical needs are better understood, which can extend the timeline. Elk Grove pedestrian accident lawyers can explain the timeline of your case based on your specific situation.
Hurt in a Pedestrian Accident?
Common Causes Of Pedestrian Accidents In Elk Grove
Incidents are unique to each individual. Elk Grove pedestrian accident lawyers understand that there are different causes of incidents, and each situation requires specific evidence to prove.
Some of the common causes include:
- Distractions — Both drivers and pedestrians may be distracted while driving or walking. They may be texting, listening to loud music, or engaging in other activities.
- Impairments — Drivers under the influence of alcohol or drugs may have slower reaction times, reduced judgment, and impaired vision. These impairments make it harder to notice pedestrians, obey traffic signals, or respond quickly enough to avoid a collision.
- Recklessness — Drivers might run red lights or exceed the speed limit. Pedestrians and drivers can face serious harm from reckless driving. This problem is common in crowded city areas where many pedestrians are present.
- Road Construction — Road construction can lead to changes in traffic patterns, blocked sidewalks, and poorly marked crossings. Pedestrians may be forced closer to moving vehicles or into unsafe areas, increasing the risk of getting struck.
- Poor Road Conditions — Hazards such as potholes, uneven pavement, or wet surfaces significantly increase the risk of accidents. Drivers might lose control of their cars.
- Bad Weather — Rain, fog, or other severe weather can reduce visibility and make roads slippery. Drivers may have trouble seeing pedestrians, while pedestrians face higher risks when crossing streets or walking alongside traffic.
These causes of pedestrian accidents can lead to injuries or even death. In 2023, pedestrian fatalities accounted for 17.9% of all traffic-related deaths. Alcohol impairment was a factor in 40% of pedestrian fatalities, resulting in 2,899 deaths.
In California, the pedestrian fatality rate is nearly 25% above the national average, according to the California Office of Traffic Safety. Moreover, there were over 14,000 pedestrians injured in 2018.
Types Of Pedestrian Accidents
Since pedestrians lack protection compared to vehicle passengers, they often suffer from severe injuries or fatalities from collisions. Here are some of the most common types of pedestrian accidents:
- Backing Vehicle Pedestrian Accidents — This accident occurs when drivers back up without checking for pedestrians behind their vehicles. Such incidents commonly occur in parking lots or driveways, with children and seniors being particularly vulnerable. These can lead to bone fractures that may need therapy or chiropractic care.
- Crosswalk Accidents — These incidents occur when vehicles collide with pedestrians at marked or unmarked crosswalks. Pedestrians have the right of way in these areas. These can lead to traumatic brain injuries or spinal cord damage that may cause paralysis.
- Intersection Accidents — The majority of pedestrian incidents occur at intersections. In this area, cars and pedestrians often cross paths. Speeding, distracted driving, and failure to yield are all contributing factors to this type of collision.
- Off-Road Accidents — Drivers often fail to see pedestrians near roads. This commonly results in off-road crashes. Poor lighting, limited walkways, and distracted drivers frequently contribute to these incidents.
If you or a loved one has been injured in an incident similar to the ones above, Elk Grove pedestrian accident lawyers can help. They can provide legal guidance and help you deal with the complexities of your case.
How Elk Grove Lawyers Prove Liability In A Pedestrian Accident
To hold a driver legally responsible for the incident, Elk Grove pedestrian accident attorneys must typically show that the driver acted negligently. To do so, they must establish the following four elements of negligence:
- Duty of Care — A lawyer must prove that the driver owed the plaintiff a legal duty of care. To protect pedestrians, cyclists, and other road users, California law requires drivers to operate their vehicles safely and responsibly.
- Breach of Duty — They must demonstrate the driver breached their duty of care by acting unreasonably or carelessly. Examples of breaches:
- Ignoring a red light or a stop sign.
- Texting or talking on the phone while driving.
- Failing to follow pedestrian safety laws, particularly at crosswalks.
- Causation — Your injuries resulted directly from the at-fault party’s breach of duty. Attorneys establish causation by proving that your injuries would not have occurred without the other party’s negligent actions. Expert testimony and evidence are often involved in this element.
- Damages — The final aspect is proving that you sustained damages from the accident. Pain and suffering, medical bills, and lost wages are examples of damages that you can pursue in a personal injury case.
Who Is Responsible In A Pedestrian Accident?
Fault in pedestrian accidents isn’t always straightforward. Multi-party liability can arise and cause legal disputes. Listed below are some potentially liable parties:
- Negligent Drivers — Drivers may be liable for resulting injuries if they fail to yield the right of way, drive under the influence, or drive while distracted. They are responsible for obeying traffic laws and considering the safety of pedestrians.
- Vehicle Manufacturers — They may share responsibility if a vehicle defect causes an accident. This type of liability could involve:
- Faulty brakes
- Steering problems
- Other mechanical issues
- Municipalities or Public Entities — Municipalities or public entities can be liable if unsafe road conditions lead to an accident. Such issues include:
- Poorly maintained sidewalks
- Malfunctioning traffic signals
- Inadequate signage
A thorough investigation is essential to establish liability. Skilled Elk Grove pedestrian accident lawyers can review surveillance footage, police reports, and eyewitness accounts to determine the cause of the incident. They can evaluate available evidence to find out who is responsible.
Recoverable Damages In Pedestrian Accident Cases
Pedestrians struck by vehicles often suffer severe injuries that cause both financial and health problems. These losses can be recovered by filing a claim. California law allows victims to seek compensation for:
- Economic Damages — This type of compensation covers direct financial losses from the accident. Examples include:
- Current and past medical expenses.
- Costs related to future medical care.
- Income lost due to incapacity to work.
- Loss of earnings capacity on a permanent or long-term basis.
- Property damage resulting from the accident.
- Non-Economic Damages — This compensation covers losses that cannot be quantified in monetary terms. It is challenging to quantify these damages, as they are subjective and complex to evaluate. Here are a few:
- Pain and suffering
- Psychological distress
- Depression, anxiety, and panic attacks
- Total or partial disability
- Scarring or disfiguring injuries
- Punitive Damages — Courts may award punitive damages, though rarely, when at-fault drivers acted with extreme negligence or intentional misconduct. Examples include driving under the influence or fleeing the scene of an accident. The purpose of punitive damages is to punish the offender and deter similar behavior in the future.
Our Elk Grove personal injury attorneys can review your situation and explain what types of damages may apply under California law. We can help you understand how your injuries, medical care, and long-term effects may be evaluated as part of a pedestrian accident claim.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Steps To Take After A Pedestrian Accident
Here are the recommended steps you can take after a pedestrian accident:
- Notify Law Enforcement — Contact the authorities immediately. Police officers can document the accident scene. They will also gather witness statements. This police report can support your potential claim.
- Seek Medical Attention — Get medical care, even if you feel fine or a 911 responder checks you. Consult a doctor to assess your condition and receive the appropriate treatment. This action is crucial because some injuries, such as internal bleeding and concussions, may not be immediately apparent. Keeping a record of your injuries is also important if you intend to file a lawsuit.
- Gather Key Information — Collect the driver’s name, contact information, license number, and insurance details. Also, collect the contact information of witnesses. Their statements may support your claim when the other party disputes fault.
- Organize Evidence and Detailed Records — Preserve all clothing and damaged property from the accident. Document all medical treatments and associated costs. This evidence should include photos of your injuries.
- Contact Elk Grove Pedestrian Accident Lawyers — They can help you gather evidence and negotiate with insurers. With their help, you can focus on your recovery while they handle the complexities of your case.
Consult Our Elk Grove Pedestrian Accident Lawyers Today
If you get injured due to someone else’s negligence, our Elk Grove pedestrian accident lawyers can help you understand your options and guide you through the claims process. We handle pedestrian accident cases involving cars, trucks, Uber, Lyft, and other rideshare vehicles. In many cases, car accident lawyers may also be involved. Our team can review your situation and assess liability.
You can learn more about your legal options by completing our “Do I Have A Case?” form or calling (888) 488-1391 for a free initial consultation. We assist clients throughout the greater Sacramento region, including Isleton, Rancho Cordova, Citrus Heights, Folsom, Sacramento, and surrounding counties such as Sutter, Placer, El Dorado, Amador, and San Joaquin.
