Maison Law represents pedestrian accident victims in California. As a pedestrian, you likely don’t expect to get hurt while walking to the store or enjoying a family walk. But pedestrian accidents are quite common, especially in specific areas and under certain conditions. These accidents can be frustrating, especially when the injuries might have been avoided. Contact us today for a free consultation to discuss your case.
Can a Pedestrian Be At Fault in a California Accident If They Were Wearing Dark Colors at Night?
Strictly speaking, a pedestrian isn’t at fault for an accident where they’re wearing dark colors at night. Even though it’s not the best practice and makes pedestrians much harder to see, drivers have to always be prepared and drive in a way that keeps others safe.
So, if you’re a pedestrian wearing dark colors at night, and you’re struck by a driver, that driver is going to carry most of the fault for any injuries. But that doesn’t mean your actions won’t factor in.
Under California’s “comparative negligence” law, any percentage of fault you share in the accident will reduce your eventual damages in a claim by that same percentage.
Wearing dark colors is just one of the ways comparative negligence comes into play in your claim. Other ways could include:
- Crossing the street outside of a crosswalk
- Ignoring traffic signals or signs
- Darting out into the street unexpectedly
- Crossing while impaired by alcohol or drugs
Legally, you can still file an injury claim if you’re hurt in one of these accidents. Given that your injuries might be severe, recovering these damages is crucial for your overall recovery.
What Damages Can You Recover in a Pedestrian Injury Claim?
The goal of your injury claim is to recover “damages” from those responsible for your accident. Damages cover the losses you’ve suffered due to your injuries.
Whether you choose to file an insurance claim or a lawsuit, the processes are similar but differ in resolution. Insurance claims are usually settled out of court and are quicker but give the insurance company control over the settlement offer. Lawsuits take longer but provide a more impartial process and potentially higher damages.
Damages may include:
- Medical expenses and bills
- Lost income due to the injury
- Costs for repairing or replacing damaged property
- Financial consideration for pain, suffering, and emotional distress
- Support for loss of companionship or reduced quality of life
- Wrongful death expenses for fatal accidents.
In California, the statute of limitations on injury claims is two years from the date of the accident. But what you’re ultimately able to recover depends on how well you present your case. The question then becomes, do you need a lawyer?
Do You Need a Lawyer After a Pedestrian Accident in California?
You don’t have to hire a lawyer for an injury claim after a pedestrian accident in California–there’s no law requiring it. However, having a lawyer can make the process much easier for you and your family. Handling everything on your own means juggling your recovery with negotiating with insurance companies for financial support, which can be overwhelming. Here’s how working with our team helps:
- Negotiation – Our lawyers are skilled at dealing with insurance companies and understanding their tactics. We can negotiate effectively to help you get a fair settlement.
- Legal guidance and support – Insurance companies often try to pay as little as possible. Our lawyers know personal injury laws and can assess the true value of your claim. We gather strong evidence to support your case, aiming for maximum damages.
- Protecting your case – While insurance companies have their own team to protect their interests, our lawyers will protect yours. We handle any unfair tactics and work to ensure you receive a fair settlement.
- Making things easier – Managing insurance negotiations while recovering from an injury can be stressful. Our team takes care of communication, paperwork, and legal tasks, letting you focus on getting better.
A pedestrian accident will inevitably bring changes to your life. However, your health and safety should be your top priority. The rest will eventually fall into place. Keep in mind, though, that you’ll need to put in some effort to build a strong case. And remember, our team will also be there to support you.
Maison Law Helps California Pedestrian Accident Victims
If you’re injured in a pedestrian accident in California, reliable legal support can be crucial. At Maison Law, our team has a strong history of success with pedestrian accident cases, regardless of the circumstances. We can guide you through your legal options and support your recovery. Contact us today for a free consultation to get the recovery process started.
