Bakersfield Pedestrian Accident Lawyer
Pedestrian Accident Lawyer in Bakersfield, CA
The lack of crosswalks and failure to consistently maintain roadways can all be attributed to why Bakersfield ranks as the nation’s second most dangerous metro area for pedestrians. As a result, the city recently began to invest in projects like the Capital Improvement Program (CIP) and the Thomas Roads Improvement Program (TRIP) to relieve the stress of outdated infrastructure.
New improvements are valued, but if the damage has already been done, pedestrian accident victims deserve to be vindicated now. If you or a loved one has been injured, a Bakersfield pedestrian accident lawyer from Horizon Accident Lawyers can guide you through the process of understanding your rights and pursuing compensation for your injuries.
Our legal team is well-versed in local Kern County laws and dedicated to protecting our clients’ best interests. Contact our personal injury law offices today for a free consultation.
How Bakersfield Pedestrian Accident Attorneys Help
The aftermath of pedestrian accidents is overwhelming. Our dedicated lawyers handle the legal heavy lifting, allowing our clients to focus on what matters most, their recovery. Some of the various aspects we can offer our expertise in include the following.
- Thorough investigation into the pedestrian accident: Obtain evidence to identify who is responsible for the collision and how much compensation can be pursued
- Document injuries and accumulated expenses: Retain medical records diagnosing injuries and treatment, along with medical expenses
- File personal injury claim: File a claim with the insurance company within the statute of limitations to initiate negotiations
- Negotiate a maximum settlement: Evade tactics from insurance copmanies who will attempt to settle for as little compensation as possible
- Go to trial if necessary: Develop a legal strategy for the best outcome which may include filing a lawsuit and going to court
Bakersfield Pedestrian Accident Lawyers Can Get You Compensated
Pedestrian accidents often result in far more severe injuries and significant financial losses than other types of personal injury accidents. The worse the injuries are, the more critical it is to ensure that a full and fair settlement is obtained.
Guidance from Bakersfield pedestrian accident attorneys will aid in getting clients the maximum recovery for the following types of damages:
- Severe injuries: Life-altering injuries require extensive medical care, rehabilitation, and ongoing support, which can lead to significant financial burdens.
- Other medical expenses: Any medical treatment, past or present, related to recovering from injuries, such as prescriptions, physical therapy, or anticipated future care can be compensated.
- Financial losses: Lost wages due to missed work or loss of earning potential due to long-term disability affect financial stability.
- Personal property: This includes personal belongings that need to be repaired or replaced, like a smartphone.
- Pain and suffering: Any physical or emotional distress that affects a victim’s quality of life are considered non-economic damages that can be included in a personal injury claim.
Navigating insurance claims, lawsuits, and settlements after a pedestrian accident can be overwhelming and confusing. An experienced Bakersfield pedestrian accident attorney from our law firm will advocate for your rights and get you the fair settlement you deserve.
Then, Who Is Liable in a Pedestrian Accident Claim?
Liability varies for all California pedestrian accident cases. The most common parties who may be at fault for a pedestrian accident include drivers and even pedestrians, themselves.
Although pedestrians generally have the right of way, they also have the responsibility to act reasonably and prevent a collision. This includes obeying traffic signals, using crosswalks when available, and avoiding distractions like walking while texting.
Government agencies, like the city of Bakersfield, CA, must also uphold a degree of care, as it is the city’s responsibility to maintain safe roadways and sidewalks for pedestrians. Failure to do so can result in the city being held accountable in a Bakersfield pedestrian accident claim.
What Else Is Taken into Account for Pedestrian Accident Claims?
Determining who is liable in a pedestrian accident involves an investigation by law enforcement, insurance companies, and attorneys. They will consider factors such as:
- Traffic laws and regulations: Both drivers and pedestrians have specific legal obligations they must follow. Violations of these laws contribute to liability.
- Witness statements: Witness details of the accident are unbiased accounts that may identify who was at fault.
- Expert witness statements: Professional experts, like accident reconstructionists, medical specialists, and economists can validate the event and ensuing damages.
- Physical evidence: Evidence such as a police report, tire marks, vehicle damage, and photographs of the accident can provide clues about the cause of the accident.
- Medical records: A log of medical treatment and corresponding bills document the extent of injuries and how much it costs to treat them.
How a Bakersfield Pedestrian Accident Lawyer Determines Liability
Four factors determine liability, which means that one or more parties involved in the pedestrian accident failed to exercise reasonable care, leading to the crash. By utilizing evidence, witness accounts, and expert witness testimony, these factors can be solidified.
- Duty of care: Both drivers and pedestrians have a legal duty to avoid an incident. Drivers must operate their vehicles cautiously, while pedestrians must also act reasonably and follow traffic laws.
- Breached duty of care: The party being accused of negligence must have demonstrably breached their duty of care. Examples include speeding, disregarding crosswalks, driving under the influence, or texting while driving.
- The breach caused the pedestrian accident: There must be a correlation between the breach of duty causing the pedestrian accident. This often involves expert analysis of the accident scene, eyewitness accounts, and a police report.
- Damages resulted: As a result of the pedestrian accident, the victim suffered damages. This encompasses physical injuries, medical expenses, lost wages, emotional distress, and any other losses.
While these four elements may prove negligence in pedestrian accident cases, the complex legal proceedings can still compromise recovering maximum compensation.
Seeking legal counsel from an experienced personal injury attorney who specializes in pedestrian accident laws can guide clients through this complicated process, improving their chances of success.
Types of Pedestrian Accident Injuries That Can Be Compensated
Due to their exposure, pedestrians are particularly vulnerable in a collision with minor injuries being less common and serious injuries more likely to be sustained. Common pedestrian accident injuries include the following:
- Soft tissue injuries
- Lacerations or abrasions
- Bone fractures
- Head injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Skull fractures
- Internal bleeding
- Damage to organs
- Psychological trauma
- Post-traumatic stress disorder (PTSD)
Suffered injuries that qualify for compensation are not limited to a specified list. Any harmful effects that result from a pedestrian accident may be compensated.
Additionally, any pedestrian accident can lead to unexpected or unique injuries. Therefore, always seek medical attention regardless of the apparent severity of symptoms.
Wrongful Death Claim
Surviving family members of fatal pedestrian accidents may seek compensation from the at-fault party’s insurance company on behalf of their loved one. An untimely death of a loved one is something no one should be forced to experience. A Bakersfield pedestrian accident attorney can offer the compassion and support needed during this difficult time.
Why Horizon Accident Lawyers?
The aftermath of a pedestrian accident is confusing and stressful, and it can take a toll on victims–physically, emotionally, and financially. Our personal injury law firm provides the necessary support to help injured pedestrian victims overcome such a traumatic event.
With a 99% satisfaction rating, Horizon Accident Lawyers always advocate in clients’ best interests, taking on the burden of dealing with difficult insurance copmanies. From navigating insurance policies to filing a claim with the insurance company, our experienced legal team utilizes our extensive knowledge and resources to deliver the best available outcome.
Additionally, our Bakersfield pedestrian accident attorneys work on contingency. This means we do not collect upfront legal costs and are only compensated if our efforts are successful. To learn more, please schedule a free consultation.