Are you a pedestrian who has suffered injuries due to the negligence of a driver? Pedestrian accidents can be devastating and life-changing. At MCIS Lawyers, our lawyers have handled cases involving millions of dollars. In one case, the victim was crossing a busy street when he was hit and killed by a motorist who had just crested a hill. A wrongful death lawsuit was filed and the case settled. At MCIS Lawyers, we have extensive litigation and trial experience so as to provide the highest-quality representation to victims of pedestrian accidents, and we will fight on your behalf.
Pedestrian Accident Laws
According to California law, pedestrians have the right-of-way in both marked and unmarked crosswalks. Drivers are always required to yield to pedestrians, and failing to do so usually results in a finding the driver was at fault. Many individuals that are hit by vehicles are walking in a legal and safe manner, and the driver is usually the one at fault.
Common situations where drivers hit pedestrians include:
· Drivers distracted by their phones, radios, apps, or texts
· Driving under the influence of drugs or alcohol
· Speeding and unable to slow down in time for a pedestrian
· Driver error, including being tired, or not driving safely for the road conditions
Statute of Limitations
The statute of limitations for pedestrian accident cases is two years. That means a person has two years from the date of the accident to file a lawsuit if the case cannot be resolved beforehand.
Do I Have a Case?
There are two parts to every case. The first part is proving that someone was at fault. The second part is proving damages. To prove fault, you must prove that the driver failed to exercise reasonable care in the operation of the vehicle. When a pedestrian is injured, he or she is entitled to be compensated for the damages that have been incurred. Generally, damages fall into two categories called economic damages and noneconomic damages. Economic damages include such things as property damage, medical expenses and lost wages. Noneconomic damages include such things as pain and suffering and emotional distress. All of these damages must be related to the accident or incident. You will be required to prove by competent and credible evidence all of your damages claims.
Damages that may be recovered in a pedestrian collision depend on the severity of the injuries. Compensation may include the following:
• Medical Expenses
• Future Medical Expenses
• Pain and suffering
• Past and Future Lost Wages
• Property Damage
And is cases were the pedestrian has been killed, the family may be entitled to recover wrongful death damages.
MCIS Lawyers Can Help
Prosecuting pedestrian accidents is complicated and requires specialized training. MCIS Lawyers has been handling motor vehicle cases for more than 30 years totaling millions of dollars. The firm will fight to help you obtain the financial compensation you deserve. We work on a contingency fee basis, which means you pay nothing unless we win your case.