If you have met with an accident as a pedestrian in Oroville and have sustained injuries, get in touch with an Oroville pedestrian accident lawyer. After the accident, besides dealing with devastating injuries, you will also deal with medical bills, and loss of wages, and may face many other economic challenges. According to the law, a pedestrian who gets injured due to a driver’s negligence is entitled to compensation. To get the compensation, you require a seasoned Oroville pedestrian accident lawyer.
Oroville Pedestrian Accident Lawyer
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At the Law Offices Of Steve Gimblin, a seasoned pedestrian lawyer can help you get the maximum compensation that you are entitled to from your pedestrian accident lawsuit or claim. Contact the law firm immediately to schedule a free consultation.
How To Recover The Damages From The Accused?
There are two ways to recover damages. One is by filing a claim with the driver’s insurance company and the other is by filing a personal injury lawsuit in a civil court.
Filing a claim with the driver’s insurance company is typically the first option that many victims use. The negotiations and settling of the claim is not an easy task. The insurance company will use all its tricks to settle the claim for as little as possible. This means dealing with the case by yourself is not advisable instead take the help of an experienced pedestrian accident lawyer. Pedestrian accident lawyers have the necessary negotiation skills to extract the maximum amount that you deserve.
Sometimes, the settlement with the insurance companies doesn’t end with a fair deal. At such times, you need to file a personal injury lawsuit in civil court against the driver who hit you. To win the lawsuit, you need to prove the negligence of the driver. A pedestrian accident lawyer can help you in this regard. The Oroville personal injury lawyer can collect all the evidence and build a strong case to prove the negligence of the driver.
The lawyers at Steve Gimblin law firm can represent you at the negotiating table or aggressively fight for your lawsuit in court to extract the fair compensation that you are entitled to.
How To Prove Negligence Of The Driver In A Pedestrian Accident?
Most pedestrian accidents happen because of the carelessness of the driver. Proving the negligence of the driver wins you the lawsuit. To win the lawsuit based on negligence, the injured person should establish the following elements by a preponderance of the evidence.
- The driver owes you a duty of care: Law says drivers should exercise a duty of care towards pedestrians on the roads. You need to prove this element.
- The driver breached the duty: A driver who doesn’t act as a reasonable driver by reckless driving, drunk driving, or drowsy driving has breached the duty of care. You must establish that the driver has breached the duty of care.
- The driver’s carelessness led to the injuries: You need to establish that the injuries were caused due to the carelessness of the driver.
- Damages: You need to establish that the accident caused financial losses, bodily injury, or any other damages.
When these elements are proven in court, winning the lawsuit is very much possible.
How Much Time Does The Lawsuit Take To Resolve In The Court?
In California, from the date of the accident, you get two years to file a personal injury lawsuit in court. Once the lawsuit is filed, the time it may take to resolve depends on various factors. It may take a longer time to come to a settlement.
Having said that, when you take the case to the court, the defendant will try to settle the matter off the court. The defendant will offer a settlement amount. If that happens, contact your lawyer to see if the settlement amount is fair. If the amount doesn’t satisfy you, proceed with the lawsuit which can generally take several months or even years to get resolved.
What Are The Reasons For Pedestrian Accidents?
There are many reasons to cause pedestrian accidents. Here is a list of a few of them.
- Distracted Driving: While driving, drivers may engage in a phone conversation or texting which can distract them from driving and may lead to an accident.
- Influence of alcohol: Drivers under the influence of alcohol is one of the main causes of many accidents.
- Speeding: Speeding is also another major reason for many pedestrian accidents. At unmarked crosswalks, many accidents happen due to speeding.
- Poor visibility: At night, many pedestrian accidents happen because of poor visibility.
What Happens If the Accident Results In Pedestrian’s Death?
Sometimes accidents can lead to deaths. If the victim has suffered serious injuries that led to his/her death, the family has the right to seek compensation by filing a wrongful death lawsuit.
In the state of California, the damages a family can get in wrongful death includes:
- Loss of financial support.
- Loss of household services.
- Funeral and burial expenses.
- Pain and suffering because of the accident.
Can A Pedestrian Be Blamed For A Pedestrian Accident?
Under the law, if the pedestrian and the driver both have involvement in the accident, then both are blamed for the cause of the accident. For example, if a pedestrian crosses a street while the green signal is on and a car is speeding twice the speed limit, both parties are responsible for the accident. In such cases, the jury will grant compensation based on the pedestrian and driver’s involvement. For example, if the pedestrian was 50% at fault and the driver was 50% at fault, then the pedestrian will receive half amount in damages.
Contact The Law Offices Of Steve Gimblin For A Free Pedestrian Accident Consultation
If a pedestrian accident has left you in economic difficulties, it is your right to claim the compensation that you deserve. The lawyers at the Law Offices Of Steve Gimblin can help you navigate the legal hurdles and extract the maximum compensation to which you are legally entitled. We have represented many clients in such cases and recovered millions of dollars. For a free consultation, contact us now.