Pedestrian Accident in Montclair
Pedestrian accidents can be extremely traumatic. A skilled attorney can help protect your right to a maximum compensation.
More than ever people are walking to their destinations. With the rise of rideshare companies and electric device rentals, people feel free to leave their personal vehicles at home and walk when they can. Unfortunately, pedestrians have a risk of being injured when out and about, and there is a valid reason for concern. According to a fact sheet published by the National Highway Traffic Safety Administration, the number of traffic accidents involving pedestrians has been increasing since 2009. The fact sheet also states that as of 2015, a pedestrian is injured in a traffic accident every 7.5 minutes.
Among the states with the highest pedestrian fatality rates is California, where a vast majority of accidents occur as a result of human error. Unfortunately, when a person is struck by a vehicle, the risk of sustaining a devastating injury is incredibly high among pedestrians. When a tragic accident happens, the ensuing injuries can result in a wide-range of difficulties, including disability, financial hardship, and pain and suffering.
Financial Compensation May Be Available Following a Pedestrian Accident. Obtain the Support of a Knowledgeable Attorney
California personal injury laws provide that injured pedestrians can pursue compensation from the at-fault driver when their injuries were caused as a result of the driver’s negligence. Although any person can file a personal injury lawsuit, personal injury claims involve a multitude of legal complexities. Moreover, many pedestrians face the challenge of establishing liability, which is a task that requires in-depth legal knowledge.
If you were injured in a pedestrian accident, it is important to consider seeking the legal support of a proficient personal injury attorney who can champion on your behalf. A skilled attorney can help you maximize the damages you are awarded.
For more than a decade, the litigators at the Law Offices of Attorney Justin H. King have helped injured pedestrians recover financial compensation. High regarded in the field of pedestrian accidents, the firm is equipped to handle the most complex pedestrian accident cases. After an accident, consider scheduling a free consultation with the attorneys at the Law Offices of Attorney Justin H. King.
Establishing Driver Responsibility in a Montclair Pedestrian Accident Claim
To achieve a successful personal injury claim, it is critical to identify the at-fault party and establish that party’s degree of negligence. The State of California protects a pedestrian’s right-of-way when on the road, which may help establish the driver’s responsibility in the accident. The California Vehicle Code §21950(a) provides that the driver of a motor vehicle must yield the right-of-way to pedestrians crossing the road within marked crosswalks or within unmarked crosswalks at an intersection.
Unfortunately, drivers do not always drive safely and this can be identified as negligence. The state defines negligence as the failure to act with a similar level of care as a reasonable party would have exercised under similar circumstances.
To prove negligence in a personal injury case, the following five elements must be established:
- The driver had a legal responsibility to drive safely and avoid the injury of those on the road;
- The driver breached his or her duty of care;
- The breach resulted in the pedestrian’s injuries;
- The injuries are a direct result of the accident caused by the driver; and
- The accident resulted in actual damages, such as cost of treatment and loss of wages.
The Serious Consequences of a Montclair Pedestrian Accident
Any person who is out walking, jogging, or even sitting in a public area is vulnerable to a pedestrian accident because of negligent drivers. A pedestrian accident can occur in the blink of an eye and it can lead to the following catastrophic injuries:
Soft Tissue Injuries – There is a wide-range of injuries that can be considered a soft tissue injury, including lacerations, muscle tears, bruises, sprains, and bone dislocations. Although most of these injuries can heal with minimal medical intervention, most soft tissue injuries are significantly painful. They can also keep an injured pedestrian from engaging in everyday activities, including the inability to work while in recovery. Moreover, these injuries can lead to disfigurement, including scarring, and other permanent complications that can have a detrimental impact on the pedestrian’s emotional well-being.
Broken Bones – Broken bone injuries are some of the most common injuries in pedestrian accidents. When a person is struck by a motor vehicle, the impact of the collision can lead to multiple broken bones. These injuries can be very painful, require an extensive medical treatment, and can take a very long time to heal.
Spinal Cord Injuries – The National Institute of Neurological Disorders and Stroke reports that a spinal cord injury will usually begin with a traumatic blow to the person’s spine, which fractures or dislocates his or her vertebrae. An injury to the spinal cord does not necessarily mean that the spinal cord will be severed. Instead, most injuries occur when disc material, ligaments, or displaced bone fragments bruise or tear into the person’s spinal cord tissue.
A spinal cord injury can require aggressive medical treatment, including extensive physical therapy. It can also affect a person’s nervous system and incapacitate the affected individual. Depending on the severity and location of the spinal cord injury, respiratory problems can also ensue.
Traumatic Brain Injury – A brain injury can occur when there is a sudden trauma that causes damage to the person’s brain. Unlike bicycle riders, pedestrians are uniquely at risk of injury when outside because of the complete lack of bodily protection. When a person is violently struck by a vehicle, the blunt force trauma can result in a traumatic brain injury. Additionally, these injuries can be caused by skull fragments or other foreign matter that penetrate the skull, ultimately piercing the person’s brain.
The symptoms of a traumatic brain injury can vary from mild or moderate to severe. The extent of an injury depends on a wide-range of factors, but a severe injury does not always necessitate a catastrophic collision. Symptoms of a traumatic brain injury can include: Lethargy, Blurred vision, Confusion, Headaches, Lightheadedness, Inability to concentrate, and a change in behavioral patterns.
Possible Damages Following a Pedestrian Accident
According to the World Health Organization report, the World Report on Road Traffic Injury Prevention, accidents that involve a motor vehicle and a pedestrian result in an average of $500 billion in damages worldwide. Although it can be difficult to place a monetary value on the injuries caused in a pedestrian accident, injured victims deserve to be compensated for their losses. A few of the available economic and non-economic damages available in most pedestrian accident cases include: Past and future medical costs, Missed time from work, The loss of earning capacity, The loss of quality of life, and Pain and suffering.
Obtain the Compensation You Need to Recover – Speak to a Knowledgeable Attorney Today
Each year, thousands of pedestrians are injured in traffic accidents across the state. Many of these injuries result in very costly medical expenses and other losses that affect the injured pedestrian in a variety of ways. To lessen the dire consequences typically associated with pedestrian accidents, it is important to pursue a claim when the accident was caused as a result of another’s negligence.
If you were injured while out walking, consult a qualified personal injury attorney to begin building a strong case. An experienced litigator will investigate your case, collect evidence on your behalf, and champion for your right to a full compensation.
The personal injury litigators at the Law Offices of Attorney Justin H. King are exceptionally skilled in pedestrian accident cases. With more than a decade handling complex personal injury cases, the firm is prepared to handle your claim. Following an accident, consider obtaining the legal guidance and support of the Law Offices of Attorney Justin H. King. Schedule your free, no-obligation consultation by contacting them today.
