If you have been one of the unfortunate victims of a car accident as a pedestrian, you are not alone. In 2016, there were 5,987 pedestrians killed in the United States and close to 129,000 who suffer from various injuries caused by an auto crashing into someone who is walking along the sidewalk or crossing a street. There is a risk of being struck by a car in a busy downtown metropolitan area, or a fairly quiet country road.
Fault In A Car-Pedestrian Accident
After a car-pedestrian accident, the police will arrive at the scene along with other emergency personnel. A quick assessment will be done and emergency medical care administered to those who are in need. Law enforcement officers will make a written report of any witness statements. The officer will also be looking to determine who was at fault in the injury accident.
Generally speaking, a pedestrian in California has the right of way, but it may be found that there is some negligence on the part of the pedestrian which contributed to the serious injury accident. Was the driver solely at fault? Were you walking and texting? Or jaywalking? These factors will be taken into account in your car-pedestrian accident lawsuit settlement case.
Recovery For Damages
There are 4 main areas in which you may recover for damages: medical expenses, lost wages, pain and suffering, and loss of normal life. If your injuries are such that you cannot return to the job you held, or enjoy the pleasure of life as you did before, you may be entitled to receive monetary compensation.
In pedestrian-car accident cases, the type of job you hold may make a difference in the amount of settlement. If you work in the physical labor field, it may take you longer to return to work than an office worker. If you are in a high paying job, you would receive a higher car-pedestrian settlement than someone who works for minimum wage.
Other factors that may affect the settlement between a moving vehicle and a pedestrian can depend on the defendant’s assets, as well as the insurance of both parties involved in the accident. Another consideration will be the extent of the accident victim’s injuries, and how much, if at all, the pedestrian contributed to the accident. Many factors go into the process and you will need to have the services of an experienced personal injury lawyer to protect your best interests.