Torrance Pedestrian Accident Lawyer
According to the Centers for Disease Control and Prevention (CDC), one crash involving a pedestrian is reported every two hours. Furthermore, pedestrians are more likely to suffer injuries from a car crash than other vehicle occupants. Pedestrian car accidents are traumatic. The impact is also more significant because most pedestrians do not anticipate being hit by a car. The shock and trauma experienced can be life-long. If you or a loved one have been injured as a pedestrian due to the negligent actions of a driver, then you need to consult with pedestrian accident lawyers in Torrance. For a personal injury lawsuit to be successful, fault must be established.
Determining Fault in Pedestrian Accidents
When you hire Torrance pedestrian accident lawyers, the first thing the lawyer will do is examine the facts of the case and establish who is to blame. Some of the factors considered are whether the driver was overspeeding, ran a red light, driving under the influence of alcohol or other drugs, distracted driving and other extenuating circumstances.
The actions of the passenger prior to the accident must also be established. It is only possible to recover for damages if the plaintiff can demonstrate that the driver was wholly or partially responsible for the accident. If you were hit when texting and the diver did everything possible to avoid a collision, then you cannot receive compensation.
Fault in a pedestrian accident can also involve more than one driver. For instance, one driver can run a red light, and then another driver swerves to avoid hitting this driver, then in the middle of that, a passenger walking on the sidewalk is hit. In such a case, both drivers could share fault for the passenger's injuries. Personal injury cases are not always straightforward. This is why victims need to involve pedestrian accident attorneys Torrance. Dealing with the legal complexities in such cases requires experience and expertise in personal injury.
Damages Awarded in Pedestrian Accident claims
Damages are awarded to compensate the victims from the harm and injuries suffered. It is important to note that the concept of damages is not meant to profit the victims but to make them whole again. Depending on the circumstances the damages awarded may include:
- Medical bills (present and future)
- Pain and suffering
- Lost wages
- Loss of enjoyment
Medical bills and lost wages are easy to calculate. All the plaintiff needs to prove is the medical bills and reports from the doctor. In the case of lost wages, the pedestrian needs to show days when they were not at work. As a pedestrian, you should seek medical treatment immediately after an accident. This is proof that you indeed suffered injuries and you deserve compensation. It is also hard to ask for damages when you did not seek medical treatment.
Loss of Enjoyment
Loss of enjoyment refers to a reduced quality of life due to the injuries suffered. If for instance, an accident leaves you paralyzed, you can no longer do the activities that you would in the past. Someone who was a rock climber or avid surfer needs compensation for the loss of enjoyment.
Certain aspects of damages are difficult to prove. For instance, it is hard to put a value on pain and suffering. If the accident is severe, then the pain and suffering is more. Most states will put a cap on how much can be paid to cover for pain and suffering. If the pain is life-long, then the damages awarded are more. The same case applies to pedestrians who suffer head traumas. Generally, the amount payable for pain and suffering is not cast in stone. In most cases, it is left to the discretion of the judge or jury. Having a lawyer who can demonstrate the pain and suffering that you have endured in an accident puts you at a higher chance to receive compensation.
Why You Need Pedestrian Accident Lawyers in Torrance
You Need To Take Time To Recover
Battling with a personal injury case while still recovering can take a huge toll on you. It is wise to take time to recover from the injuries and leave the legal matters to a lawyer. Having a lawyer by your side gives you much-needed peace of mind. The lawyer can worry about getting police reports, collecting witness testimonies and preparing a case.
The Lawyer Can Quickly Establish Who Is At Fault
Pedestrian accidents are not always clear cut. There are instances where liability falls on more than one person. This may further complicate the case because in most cases, insurance companies are not quick to admit fault or issue settlements. If you have a lawyer by your side, he can press the insurance company to settle the claim faster. Negotiating skills are also essential in such cases. If you are partly at fault, then the lawyer will work to ensure you at least receive some compensation. It is important to note that insurance companies will always try to find ways to pay as little as they can. Insurance companies can easily intimidate pedestrian victims without a lawyer to settle for less than their claim is worth.
The Lawyer Can Represent You In Court
Generally, personal injury cases are settled out of court. However, there are instances when the insurance company is adamant. In such cases, going to court may serve you better. Torrance pedestrian accident lawyers have the experience to determine whether it is better to settle out of court or to put the matter before a judge or a jury. If they feel that you can get more if you go to court, they will not hesitate to go to court and battle it out with the insurance lawyers.
Pedestrian accidents can have far-reaching and negative implications for the victims. You deserve to be adequately compensated if you suffer loss or injury due to negligence. Pedestrian accident attorneys Torrance will ensure that you receive the full compensation for your current and future medical needs.