City of Upland Pedestrian Accident Attorneys
Proudly serving the community of Upland for more than a decade.
According to the California Department of Public Health, pedestrian accidents have increased by 11 percent since 2007. A majority of these accidents are caused by driver inattention, which occurs when a driver gives insufficient attention to the senses critical for safe driving. The National Highway Traffic Safety Administration reports that driver inattention is a leading factor in serious traffic accidents, causing a total of 400 pedestrian fatalities in 2018 alone.
With the rise of technology, driver inattention has steadily increased, but aside from checking a handheld device, the following are other leading factors in causing driver distraction: Attempting to multitask while driving, such as eating while driving; Adverse weather conditions, such as heavy rains; Heavy traffic, including accidents that cause a driver to divert his or her attention from the road; and/or driving while under the influence.
Anything that diverts a driver’s attention from the road ahead causes unsafe driving. Any of the aforementioned factors can lead to serious pedestrian accidents and they can result in a wide-range of injuries, including broken bones, spinal cord injury, traumatic brain injury, and internal bleeding.
More Than a Decade in Experience Handling Pedestrian Accident Cases
When a pedestrian accident has been caused by driver inattention, the at-fault driver will be held responsible for the victim’s injuries. If you or a loved one was recently injured by a distracted driver, contact the support of a skilled pedestrian accident attorney for support.
For more than a decade, the Law Offices of Attorney Justin H. King have helped injured victims defend their right to compensation after an accident. The firm understands that driver inattention is currently at an all time high, but negligent driving is a completely preventable matter and responsible parties must be held accountable. The attorneys at the Law Offices of Attorney Justin H. King are prepared to aggressively defend the rights of their clients, and help them secure the compensation they truly deserve. Following a pedestrian accident, hire the support of a law firm you can depend on; consider scheduling a no-obligation consultation with the attorneys at the Law Offices of Attorney Justin H. King today.
Driver Error That Can Lead to a Pedestrian Accident
Generally, most pedestrian accidents are caused by driver misconduct or driver error, which can include: Motorists who overlook crosswalks, Motorists who do not consider traffic signals, Motorists who fail to provide a pedestrian the right-of-way, Motorists who do not yield to pedestrians, Individuals who choose to drive while under the influence, Drivers who disregard a stopped school bus, and/or motorists who are driving at excessive speeds.
Injuries Typically Caused in a Pedestrian Accident
Pedestrians are at a serious disadvantage when involved in an accident with a motor vehicle. For many years, auto makers have been diligently improving the safety features of their vehicles by developing safer airbags, seat belts, and even crash avoidance systems. Pedestrians, on the other hand, are largely unprotected from a collision with a motor vehicle, and when an accident occurs, the pedestrian will typically suffer catastrophic injuries. Some of the most severe and life-altering injuries can include: Spinal cord injuries, Broken bones, Nerve damage, Torn ligaments, Severe cuts and lacerations, Disfigurement, Internal bleeding, Organ damage, Leg or knee injuries, Traumatic brain injuries, and/or burn-like injuries from road-rash.
The severity of the injury inflicted on the pedestrian will depend on a variety of factors that can include the speed at which the vehicle was driving before the impact, the angle of the collision, the type of vehicle involved, and the part of the body struck. Regardless, pedestrian accidents almost always result in long-term difficulties.
Types of Financial Compensation Available Following a Pedestrian Accident
Depending on the severity of the injury and the facts of the case, compensation can be available in the aftermath of a pedestrian accident. In California, people who have been injured as a result of another’s careless actions have a right to pursue compensation for their injuries. Available damages in most cases can include, but are not limited to: Past and present health care treatment, Future medical expenses, Loss of income while in recovery, Inability to return to the normal line of work, Pain and suffering, Emotional distress, and/or disfigurement.
Wrongful Death in a Pedestrian Accident
Sadly, it is not uncommon for pedestrians to be killed when struck by a vehicle. When the pedestrian sustains fatal injuries, a qualifying representative can seek compensation on his or her behalf. Based on California’s wrongful death statute, the following parties may be eligible to file a wrongful death claim: The decedent’s surviving spouse or domestic partner, the decedent’s children, The decedent’s parents, The decedent’s financial dependents, or Representatives of his or her estate.
Aside from regular personal injury damages, the victim’s representative can also seek damages for the following: Funeral costs, Burial and memorial services, Loss of household services, Loss of companionship, and/or Loss of consortium The decedent’s parents, The decedent’s financial dependents, or Representatives of his or her estate.
Aside from regular personal injury damages, the victim’s representative can also seek damages for the following: Funeral costs, Burial and memorial services, Loss of household services, Loss of companionship, and/or Loss of consortium.
Establishing Negligence in a Claim
Filing a pedestrian accident claim can be a challenging process. One of the most difficult aspects of the case will be to establish the at-fault party’s negligence. To successfully recover damages, the following elements for negligence must be presented:
- The defendant had a responsibility to drive safely and obey traffic laws;
- Through his or her negligent actions, the defendant breached the duty of care; and
- The negligent actions were a substantial factor in causing the victim’s damages.
People who operate a vehicle in the State of California have a duty to drive in a safe manner and reasonably prevent the injury of others. Drivers who become distracted while driving are breaching their duty of care and are thereby being negligent. In most cases, driver negligence is demonstrated through blatant traffic violations.
California’s Pure Comparative Negligence Rule
Under the state’s pure comparative fault rule, at-fault drivers and their insurance companies can greatly minimize the amount paid out to the victim by aggressively blaming the victim. Based on the comparative negligence rule, all parties involved in the accident share a responsibility for the accident. Should the case go to trial, the court will apportion liability and damages. If for any reason an injured pedestrian is found partly at-fault for causing the accident, the compensation owed to him or her will be reduced by the percentage found at-fault.
It is important to recognize that the opposite is also true – comparative fault theory allows negligent pedestrians the opportunity to seek some compensation. Although they will not be entitled to a full compensation, they will still be able to recover a portion of the damages, which can help cover medical costs and other related expenses.
Defend Your Right to a Fair Compensation With Proficient Legal Guidance
Pedestrian accidents are currently on the rise in the State of California. A great majority of these traffic accidents are caused by driver inattention, which is a negligent action that can be completely avoided. In California, when a pedestrian has been injured as a result of a driver’s careless actions, the ability to recover compensation can be made possible by filing a personal injury claim within one year from the date of the accident.
If you were a pedestrian recently involved in an accident, you will need the legal support of a qualified litigator. Building a strong case against the at-fault driver can be challenging, and the collection of important evidence can be difficult, especially if you have been severely injured. With the legal support of an experienced attorney, you will be provided top notch legal support so that you may focus on what is most important – your health and recovery.
For more than a decade, the Law Offices of Attorney Justin H. King has aggressively advocated on behalf of injured pedestrians, successfully helping hundreds of clients recover the financial compensation they were owed. Following a pedestrian accident, it is critical to take swift action and secure the legal assistance of a qualified law firm. Consider scheduling a free initial consultation with the Law Offices of Attorney Justin H. King through their Online Form today.