San Francisco Pedestrian Accident Lawyer
The results after a pedestrian accident can be devastating. Those who are struck by a car may experience long-term injuries and disabilities that result in costly medical bills. If a negligent motorist hit you while you were walking, you should contact our local personal injury attorneys for help in pursuing compensation. Our San Francisco pedestrian accident lawyers can guide you through the claims process while you focus on recovery.
Unintentional Torts in Pedestrian Accident Cases
A majority of cases that involve pedestrian accidents result from unintentional reckless or careless behavior. When a negligent motorist accidentally strikes a pedestrian, the driver could be held liable for damages under a civil claim.
To successfully bring a claim for negligence, a plaintiff must prove that the defendant violated a duty of care and that this breach caused his/her injuries. In pedestrian accident cases based on negligence per se, a San Francisco attorney would not need to prove that the defendant breached their duty of care because it is automatically established. These typically apply to situations in which a driver broke a traffic law and as a result hit a pedestrian.
Case of Intentional Harm to a Pedestrian
Though it is less common, a pedestrian accident may occur as a result of an intentional tort. In this situation, a driver may have purposefully hit an individual with his/her vehicle.
To bring a claim based on an intentional tort, a plaintiff must demonstrate that the defendant intended to harm him/her. For example, if a driver intentionally struck an innocent pedestrian crossing the street, the driver could be held liable for assault and battery, both intentional torts.
Filing a Pedestrian Accident Lawsuit
If settlement negotiations fail, plaintiffs may file a personal injury case to seek economic, noneconomic, and property damages. A claimant must file their pedestrian accident lawsuit before the statute of limitation expires. California Civil Code §335.1 generally gives personal injury plaintiffs two years to file their lawsuit from the date of their accident. If a plaintiff fails to file their case within the statute of limitations, they may lose the right to sue, unless an exception applies. Our San Francisco lawyers with experience litigating pedestrian accident case can work to ensure that an injured party meets all statutory deadlines.
Consult a San Francisco Pedestrian Accident Attorney Today
If a reckless driver hit you with their motor vehicle, you have legal options at your disposal. A San Francisco pedestrian accident lawyer can help you hold this negligent motorist accountable. By retaining an attorney, you could avoid the frustration and confusion that comes with pursuing compensation alone.
Skilled legal counsel can explain your rights, build your case, and be your advocate throughout the claims process. To learn how the attorneys at Mary Alexander & Associates can help you, schedule an initial case consultation today.