You cannot change the fact that you were involved in a pedestrian accident. Fortunately, an El Monte personal injury lawyer may be able to help you hold an at-fault party accountable. You may work with an attorney who can help you pursue economic and non-economic damages.
At Venerable Injury Law, we use cutting-edge technology and best-in-class digital applications to help you secure compensation in a personal injury case. Our El Monte pedestrian accident lawyer is available to discuss your case and go over your legal options with you. To get started, contact us today.
Pedestrian Rights
There are laws and rules of the road in California. These include legal rights for pedestrians. If you get hurt in a pedestrian accident caused by someone else, you may be able to take legal action against an at-fault party.
A pedestrian accident may occur for many reasons. For example, a motorist may drive through a red light and crash their vehicle into someone walking in a crosswalk. In this situation, the driver may be at fault for the incident.
Following a pedestrian incident, it may be beneficial to seek out legal help. The legal team at Venerable Injury Law may be able to assist you with your injury claim. Get in touch with us to speak with our El Monte pedestrian accident attorney.
We will work tirelessly to help you recover the compensation you need to move forward with your life
Who Is Responsible for a Pedestrian Accident
In many instances, a driver is responsible for a pedestrian crash. It is a motorist’s responsibility to drive cautiously. If a driver chooses not to do so, they may be liable for an accident.
There are times when a pedestrian is at fault for an accident. For instance, an individual may be intoxicated and walk into the middle of traffic. If this individual gets hit by a car, the driver may not be held responsible.
A pedestrian accident attorney in El Monte understands liability. They can teach you about who is responsible for a pedestrian collision and common injuries a person may suffer in this type of accident. A lawyer can also help you show an at-fault party was negligent, which led to your crash.
We will treat you with the respect and compassion you deserve.
Proving Liability in a Pedestrian Crash
You are responsible for the burden of proof in your pedestrian collision case. To meet this standard, you may want to gather accident scene photos and videos, medical records, and other evidence to support your claim. In addition, you must be able to show the following elements of negligence were present at the time of your crash:
- Duty of Care: An at-fault party was legally required to act in a careful and reasonable manner toward you.
- Breach of Duty of Care: This party chose not to act in this manner.
- Causation: Since the party violated their duty of care, they caused your accident.
- Damages: You are dealing with quantifiable or subjective losses as a result of the party’s actions.
You may need a wealth of evidence to make it clear to a judge or jury that you were in no way responsible for your accident. Even if you have an abundance of proof, it may be best to still have a pedestrian accident attorney in El Monte represent you. That way, your pedestrian accident lawyer in El Monte can help you share your evidence and explain why you deserve to be awarded the maximum amount of damages.
Pedestrian Collision Claim Statute of Limitations
In California, there is a two-year statute of limitations for a personal injury claim. You may have up to two years from the date of your pedestrian crash to seek damages from an at-fault party. Beyond this window, you may be solely responsible for all of your accident-related losses.
You may request economic and non-economic compensation in a pedestrian collision case. Economic damages may be provided for your medical bills and other losses you can quantify. Non-economic compensation may be awarded based on pain, suffering, and emotional trauma.
Just because you have a valid claim for damages does not guarantee that you will be awarded compensation. An attorney may help you build an argument. They may work with you to explore ways to compel a judge or jury to rule in your favor.
You are not just a case number – you are our top priority.
Comparative Negligence in a Pedestrian Crash Case
There is a comparative negligence statute in effect in California. Based on this, the damages you receive in a pedestrian collision case may be reduced by your percentage of fault. On the other hand, you are able to pursue compensation from an at-fault party in a case where you are primarily responsible for your accident.
As an example of how comparative negligence works, consider what may happen if you are found to be 10% at fault for your pedestrian collision. If this occurs, the damages you get will be reduced by 10%. Therefore, the defendant may be ordered to pay 90% of the compensation you initially requested.
Your El Monte pedestrian accident attorney will consider ways to help a judge or jury understand the defendant in your case should be held fully responsible for your losses. If they succeed, you may get 100% of the damages you are requesting. Also, if the defendant in your case is concerned they may be ordered to pay you full damages, they may be inclined to settle your claim before your trial.
Pedestrian Accident Case Settlement
The verdicts and settlements of pedestrian collision cases vary. You may expect to receive damages if you bring your case to trial, but a judge or jury may rule in the defendant’s favor. If you receive a settlement proposal, you may want to evaluate it with your El Monte pedestrian accident lawyer since it may be beneficial to accept the offer.
You may get a settlement offer at any point before your trial. If you do, you have the opportunity to examine the proposal with your lawyer. You may believe the settlement is fair, but your attorney may claim it gives you far less than what you deserve to receive in damages.
If you are satisfied with a settlement proposal, you may accept it and close your case. Conversely, if you are unhappy with a settlement offer, you may decline it. At this time, you and your attorney can keep working together to find ways to strengthen your argument.
Schedule a Consultation with a Pedestrian Accident Lawyer in El Monte Today
You do not have to go through the legal process on your own. Partner with the team at Venerable Injury Law, and we may be able to assist you with your pedestrian collision case. To request a free case evaluation, contact us today.
We believe that our experience, dedication, and personalized approach set us apart from the rest.
