The citizens of California enjoy walking along many of the state’s roadways. Most of this time, this is a safe way to enjoy the outdoors or get from one location to another. But on occasion, other vehicles on the road run into pedestrians, causing them severe injuries. If you’re one of these victims, you know exactly what this is like.
Being one of these victims also means being eligible for financial compensation if your pedestrian accident was due to someone else’s negligent, reckless, or intentional behavior. Unfortunately, it sometimes takes the help of a pedestrian accident lawyer, such as one from Maison Law, to get the compensation you deserve. To schedule a consultation, contact us today. There’s no obligation to hire us, and if you do, there’s no fee until we collect money on your behalf.
Causes of Pedestrian Accidents in California
Most pedestrian accidents in California occur for one of the following reasons:
- Speeding: The faster a driver travels, the less time they have to react to something in the road, such as a person.
- Failure to yield: Pedestrians have right-of-way at crosswalks, but many drivers ignore this.
- Distracted driving: Whether it’s a smartphone or in-car navigation or entertainment, many drivers aren’t fully aware of what’s going on around them.
- DUI: Driving under the influence of drugs or alcohol dramatically raises the risk of a traffic accident, including those involving pedestrians.
- Poor visibility: It’s harder for drivers to see pedestrians at night or during inclement weather.
- Dangerous roads: Pedestrians often walk along roads with inadequate infrastructure for foot travel. This includes things like no crosswalks and poorly maintained sidewalks and crosswalk signals.
Estimating the Value of a Pedestrian Accident Lawsuit
Before deciding whether to accept a settlement offer, it helps to know what your pedestrian injury case is worth. The best way to do this is to talk to a pedestrian accident personal injury lawyer about your case. During this conversation, they’ll ask you questions about:
- Past and anticipated future medical expenses.
- What medical treatments you’ve completed and how invasive they were.
- The amount of income you’ve lost because of missed work due to your injuries.
- Cost of living expenses that you’ve faced because of your accident. For example, you might have needed to make changes to your home to make it wheelchair accessible.
- How your injuries have affected your quality of life and ability to earn a living.
- How much pain and suffering you’ve endured from your injuries.
- The stress and anxiety caused by the accident.
- The length of your recovery.
- The existence of any permanent scarring, disfigurement, or disabilities.
The Role of the Insurance Company in Pedestrian Accident Settlements
If your pedestrian accident is like most others, you probably won’t obtain your recovery from the person who caused the accident. Yes, your legal claims will be against this at-fault individual, but any financial recovery will probably come from their car or business insurance liability coverage.
Ideally, you can achieve full recovery from the insurance company through the insurance claims process. This is where most settlement agreements are made. Should negotiations prove unsuccessful, then filing a lawsuit in court may be an option. This is where a judge or jury will hear the facts of your case and render a verdict.
Settlement Payout Timeline
As a general rule, California insurance companies must investigate a claim within 15 days of notification. They then have 40 days to accept or deny the claim. If the facts of your case are straightforward, the insurance company can resolve the claim in a few days to a few weeks. But if the at-fault party is denying liability or there are questions about the extent of your injuries, then a much longer claims process should be expected.
The insurance company may make the first offer, and if this happens, you can expect it to be lower than they’re willing to settle for. This is common because the insurance company is expecting you to make a counteroffer that’s above the amount you’re willing to settle for. Eventually, the goal is to reach an agreement somewhere in the middle.
Once there’s an agreement, the insurance company will have you sign a release. Once you sign the release, the insurer will send payment. This payment can be issued:
- Directly to you in the form of an electronic deposit or check.
- To your service providers, such as a hospital or clinic you received care at and have an outstanding balance.
- To the lienholders that you owe money to.
How To Maximize Your Settlement Offer
To increase your chances of not getting low-balled during insurance settlement talks, it’s recommended that you:
- See a doctor for your injuries.
- Follow your doctor’s treatment recommendations.
- Keep detailed notes about the accident and its effect on you.
- Document the costs you incur due to the accident, such as medical bills and modifying your home to make it disability accessible.
- Keep an eye on the two-year statute of limitations.
Factors That Can Lower Your Settlement Offer
Below are several factors that can reduce any potential settlement offer coming your way. Some of these are beyond your control, but it’s good to be aware of them so you can modify your settlement offer expectations or adjust your negotiating strategy.
- The existence of pre-existing medical problems that relate to your injuries from the pedestrian accident.
- What role you had, if any, in contributing to the accident that caused your injuries.
- You lack strong evidence to support your claims and arguments.
- You ignored doctor recommendations and/or delayed medical treatment following the accident.
- You made inconsistent statements about how the accident occurred or what injuries you suffered from the accident.
Benefits of Having a Pedestrian Accident Lawyer To Settle a Case
Hiring a lawyer to advocate on your behalf is one of the best ways to improve your settlement offers during the insurance claims process. By hiring a lawyer, such as one from Maison Law, you can expect your attorney to:
- Help identify all potentially liable parties.
- Negotiate with insurance companies for you.
- Identify important evidence and help you acquire that evidence.
- Follow relevant legal procedures and requirements to protect your rights.
- Develop a legal case should no settlement be reached and you have to file a lawsuit.
Get In Touch With a Pedestrian Accident Lawyer from Maison Law
If you or a loved one has been hurt in a pedestrian accident, the personal injury lawyers from Maison Law can help you. We have plenty of experience representing clients who’ve been hurt due to the carelessness and negligence of other drivers on California roads. We know how your injuries have affected your life and what it takes to negotiate a fair settlement with the insurance company. And should talks fail, we’re not afraid to go to court to pursue a financial recovery on your behalf.
Don’t wait to get in touch – you pay nothing unless we collect money from you. This means the initial consultation and case evaluation are free. Contact us today to learn more about your case and available legal options.
