Drivers have a duty to operate their vehicles safely, and when they fail to do so, they can be held responsible. If you were hit on the street by a negligent driver, a California pedestrian accident lawyer can help you file a claim.
The lawyers at Sweet James have over 25 years of experience helping accident victims. If you were injured as a pedestrian, reach out to our skilled Fresno pedestrian accident lawyers today. We are here to guide you through the process of seeking compensation.
How Can a Fresno Pedestrian Accident Attorney Help?
The aftermath of an accident can be overwhelming. A pedestrian accident lawyer can step in and help by:
- Gathering evidence: Your lawyer can collect police reports, surveillance footage, witness testimony, and accident reconstruction analysis to determine liability.
- Handling insurance negotiations: Insurance adjusters’ goal is to minimize payouts. Your attorney can manage all communication with them and fight for a fair settlement.
- Taking your case to court: If a settlement isn’t possible, your lawyer can prepare your case for trial and argue on your behalf.
Your lawyer can also assess both your current and future losses, including medical bills, lost wages, reduced earning capacity, and non-economic damages like pain and suffering.
What Types of Damages Can I Recover?
If your pedestrian accident claim is successful, you may receive compensation for a range of damages, including:
- Medical expenses: You can receive compensation for emergency care, hospital stays, surgeries, rehabilitation, and future medical needs.
- Lost wages: You can recover income you lost if your injuries prevent you from working.
- Loss of earning capacity: You can seek compensation if your injuries impact your ability to earn income in the future or force you to change careers.
- Pain and suffering: You can pursue damages for physical pain and emotional distress.
- Property damage: You can be compensated for damage to personal belongings, such as phones or clothing.
- Punitive damages: You can pursue punitive damages in cases involving particularly reckless or intentional misconduct by the at-fault party.
A personal injury lawyer can help make sure none of your losses are left out of your claim.
What Is the Time Limit to File a Claim in California?
Per CCP § 335.1, you generally have two years from the date of an accident to file a pedestrian accident claim. This deadline is known as the statute of limitations. If you fail to file within two years, you will likely forfeit the right to recover damages for the accident.
A Fresno personal injury lawyer can help you file your claim as soon as possible.
Who Can Be Held Liable for a Pedestrian Accident?
Determining liability is one of the most important aspects of a pedestrian accident claim. Parties who may be held responsible for this type of accident include:
- Motorists: Drivers who violate traffic laws or fail to exercise reasonable care are frequently held liable.
- Employers: If the driver was performing their job at the time of the accident, their employer may share liability.
- Government entities: Poorly maintained roads, malfunctioning traffic signals, or inadequate signage can contribute to accidents.
- Vehicle manufacturers: Defective brakes, steering systems, or other mechanical failures can lead to crashes.
Under California’s pure comparative negligence system, you can recover compensation if you are partially at fault for an accident. However, your total recovery will be reduced by your percentage of responsibility.
What Causes Pedestrian Accidents in Fresno?
Pedestrian accidents happen for many reasons, including:
- Distracted driving: Drivers who text, use apps, or otherwise take their eyes off the road may fail to notice pedestrians in crosswalks or along roadways.
- Failure to yield: Drivers often ignore right-of-way laws, especially at crosswalks and intersections.
- Driving under the influence: Alcohol and drugs impair judgment, coordination, and reaction time, making pedestrian accidents more likely.
- Poor visibility: Accidents frequently occur at night or in low-light conditions.
- Left–hand turns: Drivers making left turns may focus on oncoming traffic and overlook pedestrians crossing the street.
A pedestrian accident lawyer serving Fresno can help determine the cause of your accident.
Steps to Take After a Pedestrian Accident in Fresno
The steps you take after an accident can affect your ability to recover compensation. Be sure to:
- Call the police: An official police report will be important for your claim.
- Document the scene: If you are able, take photos of the accident site, your injuries, and all vehicles involved in the incident.
- Collect information: Obtain contact and insurance information from the driver and any available witnesses.
- Visit a doctor: Get evaluated by a doctor to rule out internal injuries and document your condition for your claim.
- Avoid giving statements to insurers: Insurance companies may use your words against you, so avoid discussing fault or giving recorded statements.
- Consult an attorney: A lawyer can advise you on your options and guide you through the legal process.
Talk to Our Pedestrian Accident Lawyers Serving Fresno
It can take a long time to recover from a pedestrian accident. A Fresno pedestrian accident attorney from Sweet James can help you file a strong claim and recover the compensation you need to move forward.
Book a free case review to learn about your legal options.
Sweet James Accident Attorneys
Newport Beach Office Location
4220 Von Karman Ave. Suite 200
Newport Beach, CA 92660
949-991-1180
