Each year, thousands of pedestrians are either injured or killed due to negligent drivers who are not paying attention. In fact, pedestrian accidents account for nearly 22% of all traffic related deaths in California. Pedestrian accidents are even more tragic because they do not have an airbag or seatbelt to help protect them. To be accounted for in a pedestrian accident, it is extremely important that you have a skilled and professional attorney to fight for your case.
Negligence, Police Reports, and Insurance Coverage
The biggest question in a pedestrian accident case is determining who is at fault. The negligent party, or the person (driver or pedestrian) who was not properly paying attention, naturally is the person at fault. In most pedestrian accidents a police officer will create a report that will reflect his/her view of what happened. Often times auto insurance companies will send their own agent to the scene to establish their own opinion and possibly refute the police report. Witnesses, photographs, or statements from the driver can also serve as helpful evidence in proving negligence. There are a handful of laws in California that protect the rights of pedestrians, known as “right of way” laws. These mean that drivers must exercise caution and practice careful driving even at intersections where the crosswalk is not marked. Ultimately, even if the pedestrian is expected to be mindful of where they walk, it is really up to the driver to be careful as they are the one in the position to cause great bodily harm or even death.
If it is a pedestrian who is injured, then they have a right to a financial settlement. This financial settlement is usually achieved by filing a claim to the driver’s insurance company. A successful claim can cover any of the victim’s losses, including medical bills.
How We Can Help
If you or a loved one was the victim of a pedestrian accident, its important that you consult with an attorney immediately. Time is also of the essence because witness statements can change, evidence can be lost, etc. At Frank Barbaro & Associates, our team prides itself in the care that we take to examine each and every detail of a case. We never stop fighting for our clients, regardless of who they are or their criminal record. A thorough investigation can lead to successful insurance claims and full restitution for the victim. Call us for a free consultation right away at (714) 705-6390.