Oakland Pedestrian Accident Lawyer
If you’ve been injured by a careless motorist, you may have a viable claim to seek compensation. However, handling your own injury claim can be difficult. By entrusting the guidance of our practiced personal injury attorneys, we can help ensure you avoid costly mishaps during the litigation process. Our Oakland pedestrian accident lawyers will work tirelessly to advance your pursuit of monetary compensation.
Potential Damages Available to an Injured Pedestrian
Because pedestrians have little in the way of protection against the forceful impact of a motor vehicle, the injuries they suffer in a collision can be devastating. These severe injuries typically result in significant monetary damages. In reviewing potential pedestrian accident cases, our Oakland attorneys carefully assess the nature of the victim’s injuries in order to adequately identify the damages to which the victim may be entitled.
Medical bills often represent the largest portion of a pedestrian’s claim for damages. Severe injuries may take months to heal, with some effects lasting a lifetime. Extensive medical treatment can be costly. A plaintiff could recover the medical bills accumulated before a lawsuit, in addition to seeking compensation for future treatment and rehabilitative costs.
Sadly, many claimants in these types of accidents may never be the same again. For plaintiffs that have lost the ability to care for themselves or meet day-to-day needs, disability compensation may be available. These damages could pay for a plaintiff’s in-home care or even home modifications necessary to make his/her residence more accessible.
Pain and Suffering
Pain and suffering damages compensate an injured claimant for the physical agony they experience in an accident. These damages are subjective and largely rely on the testimony of the plaintiff.
When a pedestrian suffers an injury serious enough to prevent them from working, he/she could seek compensation from the responsible party. A plaintiff may pursue damages for work they missed after an accident. Additionally, he/she may be entitled to compensation for diminished future earnings.
Comparative Fault in Pedestrian Accident Cases
The amount of damages recoverable in pedestrian accident lawsuits has much to do with the plaintiff’s ability to establish his/her case’s value. However, a plaintiff’s damage award could be negatively impacted if they were partially at fault for the collision.
Pedestrians enjoy the right of way when crossing or walking near a street. If a pedestrian suffers injuries on a sidewalk or a crosswalk, they typically have the right-of-way. However, pedestrians can also be partially at fault in their own accidents. For example, if someone crossed the street without obeying a signal, this person could be partially liable for his/her injuries.
When a pedestrian is partially at fault, he/she may still be eligible to pursue damages. However, a jury or judge may reduce this person’s damage award proportionally to his/her fault in a crash.
For example, if a pedestrian was five percent at fault for the accident, he/she may only be able to recover 95 percent of his/her total losses. Our knowledgeable Oakland lawyers can assess the cause of a pedestrian accident and determine if a claimant may be partially at fault for his/her injuries.
Call Our Oakland Pedestrian Accident Attorney
Being hit by a car can cause significant bodily harm, which often takes significant time to heal. Additionally, seeking the necessary treatment can often be prohibitively expensive for a victim. If you have been the victim of reckless driving, pursuing legal action is a remedy available to you. Our Oakland pedestrian accident lawyers at Mary Alexander & Associates may be able to help you move forward, while you focus on your recovery. To learn more about how we may be able to help you with your case, schedule a consultation today.