Clovis Pedestrian Accident Lawyers

What Typically Happens After A Pedestrian Accident Claim Begins

A pedestrian accident claim often involves investigation, documentation, and negotiations. Some steps may vary, depending on the facts of the case, but it usually follows a series of legal, medical, and insurance-related steps.

Here’s how a pedestrian accident claim in Clovis typically unfolds:

1. You or your lawyer gathers evidence of what happened, identifies who’s liable, and sends a formal claim.
2. The insurance company investigates your claim, including liability and the amount requested.
3. The insurer can accept, deny, or make a counteroffer. Settlement talks usually begin then.
4. If you accept an offer, the insurance company has 30 days to pay.
5. If negotiations fail, you can file a lawsuit with the Fresno County Superior Court.

Note: For injury claims against a public entity, you need to file an administrative claim within six months of the injury. Missing this deadline generally bars you from suing the entity for that specific case.

Common Causes Of Pedestrian Accidents In Clovis

Driver negligence primarily causes pedestrian accidents. Excessive speed, failure to yield, distracted driving, and alcohol impairment are some of these causes.

Here’s a closer look:

• Driving Under the Influence (DUI): Drug and alcohol use significantly impair judgment and reaction times. Impaired drivers who fail to recognize traffic signals put pedestrians in danger.
• Distracted Driving: Distractions divert a driver’s attention from the road. Actions such as eating, texting, or adjusting a GPS device make it harder for them to see and avoid pedestrians.
• Speeding: Driving too fast reduces a car’s stopping distance and increases the severity of injuries in an accident. Speeding at intersections or near school zones is particularly dangerous. For pedestrians, the risk of serious injury or death goes up as a car’s speed increases.
• Left-Turn Collisions: Drivers turning left at intersections may fail to notice pedestrians crossing. Drivers must reduce their speed and scan crosswalks before turning.
• Failure to Yield: Some drivers may violate traffic rules and pedestrian safety laws. These actions are considered “negligence per se” under California law. It means that breaking traffic rules, in itself, is evidence of failing to act with reasonable care.

Who Is Liable In A Clovis Pedestrian Accident?

Pedestrian accidents aren’t automatically the driver’s fault. Sometimes, other parties or entities cause or contribute to these accidents. Potentially liable parties include:

• Motor Vehicle Drivers: They may be liable if they didn’t act with reasonable care for pedestrians’ safety. Examples include speeding, drunk driving, or not following traffic rules.
• Employers: They may be liable if the at-fault driver was their employee. Specific conditions must be met, such as the driver acting within the scope of their job.
• Property Owners: They may be liable if an unsafe condition on their property contributed to the accident. Examples include insufficient lighting, poorly maintained sidewalks, or hazardous objects in parking lots or walkways.
• Government Entities: They may be liable if they knew about a hazard on a roadway or intersection and failed to fix it. Examples include inadequate signage, poor road maintenance, or road design flaws.
• Vehicle Manufacturers: They may be liable if mechanical failure, such as faulty brakes or a defective steering wheel, caused the crash.

Pedestrians may also share some fault in these incidents. For example, they may be drunk while walking on a sidewalk or listening to loud music, resulting in them reacting slowly or not hearing a car’s honk. In such cases, the court may assign some degree of fault to them. This percentage reduces the amount they can seek as compensation.

Clovis car accident lawyers thoroughly assess cases to identify liable parties and the options available to a claimant.