Maison Law offers representation to all pedestrian accident victims in Oildale and the Kern County community. If you or somebody close to you has been injured in a pedestrian accident or you have sustained the loss of a loved one due to one of these accidents, you have options. Contact an Oildale pedestrian accident lawyer immediately so that you can receive a free and confidential consultation.
Many individuals in Oildale decide to walk from one place to another daily. Though it can be a great way to exercise, pedestrians are known for being the most vulnerable individuals on our roads. From the moment that a pedestrian is involved in an accident with a large passenger vehicle or truck, they will be left with life-altering injuries and other extensive damages. It can be stressful and devastating to be placed in this position due to another party’s negligence. At Maison Law, we will compassionately protect your rights as we help you navigate the legal system and its many complexities. Contact us for representation and a free case consultation.
Do I Need to Hire an Oildale Pedestrian Accident Lawyer After an Accident?
Though hiring an attorney after an accident is not required, it is highly recommended if you hope to be fairly compensated for your losses after a pedestrian accident. In fact, it could make a dramatic difference in the amount of damages that you receive when you settle your case or take it to trial. There are some questions that you may ask yourself after an accident:
- Was my pedestrian accident mostly or completely caused by another individual or entity?
- Were there injuries that required a hospital stay or follow-up care?
- Do my injuries impact my everyday life, including work and family time?
If you have answered ‘yes’ to these questions, you will likely benefit from a personal injury lawyer helping to advocate for your highest possible settlement.
One of the most important aspects of your claim is leveling the playing field when it comes to the insurance company. The other party’s insurance company may have you believing that you can settle your case with them entirely. However, this will lessen your chances of receiving the damages needed to cover every cost of your damages. This is why you want to use caution and speak with a lawyer who has handled pedestrian accident claims in the past.
Common Ways That Pedestrian Accidents Occur
It is important to know that a pedestrian accident can happen anywhere, which is why pedestrians are always supposed to stay alert. Though a pedestrian may believe that drivers will always be looking out for their well-being, this is not always the case. A speeding or distracted driver could miss somebody crossing the street and a serious or even fatal collision could occur. Here are some of the most common types of pedestrian accidents:
Collisions in Crosswalks: Crosswalks are supposed to be a safe area for pedestrians but, unfortunately, a large number of pedestrian accidents happen here every year. Many crosswalk accidents involve vehicles that are making left-hand turns. In a lot of these cases, you may hear that a driver “didn’t see the pedestrian” until it was too late. However, that will not excuse them from liability.
Parking Lot Accidents: When a driver is pulling out of a parking spot or backing out of one, they might not be aware of unsuspecting pedestrians. This can lead to a forceful accident and one that even pins a pedestrian in-between vehicles.
Hit-and-Runs: Hit-and-run drivers do not stop at the scene following a pedestrian accident, which means that a pedestrian might not receive necessary and fast medical care. These accidents often involve drivers who flee out of fear or could have been driving recklessly.
Common Injuries Present in an Oildale Pedestrian Accident
Because pedestrians have no protection from harm when an accident occurs involving a large vehicle, the injuries, and damages that result are more likely to be catastrophic. No matter where a pedestrian accident occurs – from a parking lot to a public street, the results can be life-threatening and devastating. Some of the most common injuries that are present in pedestrian accidents include the following:
Broken/Fractured Bones: Some of the most frequently fractured bones in a pedestrian accident include hands, arms, legs, and the back. Bone fractures can be so severe that they rupture the skin or lead to amputation. On top of this, many victims experience long-term healing processes for broken bones.
Traumatic Brain Injuries: Just one quick blow to the head can lead to long-term or permanent damage. Traumatic brain injuries and concussions are present in many pedestrian accidents. Symptoms of these injuries include loss of consciousness, nausea, drowsiness, difficulty speaking, light sensitivity, depression, and more.
Soft Tissue Damage: These injuries are especially common in pedestrian accidents and include lacerations, sprains, dislocations, and tears to muscles. Some soft tissue injuries heal quickly, while others are painful and long-lasting.
Internal Organ Damage: When you have been struck by a car, the abdomen is largely unprotected. This means that you are at risk for internal organ damage and bleeding of some of the most vital organs in your body.
Spinal Cord Injuries: Spinal cord injuries are largely caused by car accidents and these injuries are incredibly present in pedestrian accident cases as well. Due to how severe many spinal cord injuries are, they can easily lead to paralysis or a fatality within seconds. Many people who survive these injuries will require long-term care.
The injuries that stem from a pedestrian accident can easily land a victim in a situation where they must receive lifetime care or time away from the workplace. Because of this, the bills typically continue to pile up for months or years to come. Speaking with a trusted legal representative is essential following a serious pedestrian collision.
Steps to Take Following an Oildale Pedestrian Accident
Taking proper steps after a pedestrian accident will help you maintain your own health and well-being, as well as the safety of others. Aside from this, securing the scene can help you bring a successful claim against one or more liable parties in the future. You do not want the negligent motorist or their insurance company to allege that you were at fault for your accident when you know you are not the one to blame.
Here are some steps that a pedestrian should follow after an accident:
- Call emergency responders and get to safety as quickly as possible. Receiving immediate medical attention, especially when serious injuries are present, can save your life and prevent them from worsening. You also want to get to safety to ensure that no further accidents occur as a result.
- Make sure that police arrive at the scene to assess what happened and complete an accident report. Police will gather information about the scene that can be useful in your claim.
- Exchange information with all drivers and anybody else involved in the accident. These include aspects such as operator names, addresses, insurance information, and vehicle registration.
- Collect evidence like photos, videos, eyewitness statements, and driver statements that can play a vital role in your personal injury claim. Evidence starts to disappear the moment that you leave the scene, which is why you want to preserve as much as possible.
From there, a pedestrian can contact a lawyer who has handled pedestrian accident claims previously. Settlement negotiations and dealing with the insurance company can cause unnecessary stress that no injured party is prepared for. Having a lawyer can be beneficial and help you focus on your recovery when it counts.
If a Loved One Lost Their Life in a Pedestrian Accident
Hundreds of pedestrians lose their lives in accidents each year in California and Oildale is no stranger to these accidents. If somebody you love has lost their life in a pedestrian accident, you may be able to file a wrongful death claim on their behalf. Though taking legal action cannot bring back a loved one and the comfort they provided, it can offer you and your family financial stability when it has lessened due to your losses.
Several parties are eligible to bring a wrongful death claim, such as a spouse, child, or parent of the deceased. A personal representative of the loved one’s estate is also able to bring a claim. Some of the damages that you may receive include the following:
- Lost income that a loved one would have earned
- Funeral and burial costs
- Medical bills that your loved one incurred before their passing
- Loss of companionship and consortium
- Loss of inheritance
Wrongful death claims can be complex matters that raise a lot of questions for a family who is unsure about where to start. Speaking with a knowledgeable and compassionate legal advocate can help you and your family get back on your feet at this time.
Frequently Asked Questions
What happens if I am partially to blame for my pedestrian accident?
California follows comparative fault laws, which means that you are permitted to recover damages even if you are partially at fault for your pedestrian accident. This means that, even if you were 30% to blame for your accident, you can recover 70% of the damages in your settlement.
How long do I have to file my pedestrian accident claim following a collision?
In all of California, the statute of limitations on personal injury claims is two years. If you are hoping to receive damages and have a successful injury claim after a pedestrian accident, you have to file a claim within two years of the accident or when you first discovered your injuries.
What damages are available for me after a pedestrian accident?
When bringing a claim against an at-fault party, you may be able to receive both economic and non-economic damages related to your accident. These include pain and suffering, lost wages due to missed time at work, medical bills that you incurred, and more. These damages will depend on how severe your injuries are and what treatment is required.
Contact an Oildale Pedestrian Accident Lawyer
With so many precautions in place in major cities like Oildale, pedestrians may believe that they will always be protected on our roads. However, a pedestrian accident can happen within seconds due to a simple mistake by a driver. If you or someone you love has been hurt in a pedestrian accident or a loved one has lost their life due to one of these accidents, you have many options for recovery.
Contact a compassionate and understanding lawyer at Maison Law. Our clients are our priority, which means that we will come to you and speak with you about your case. You and your family are entitled to a free, no-obligation consultation.
