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Newport Beach Pedestrian Accident Lawyer
Southern California can be a dangerous place for pedestrians. Dense traffic, drivers in a hurry, and limited safe crossings result in pedestrians being struck, severely injured, and killed.
No excuse exists for speeding, careless driving, and reckless driving that endangers the public. Nonetheless, California drivers often ignore the road rules and imperil those on foot. However, Alpine Law Group understands pedestrians’ disadvantages when sharing space with vehicles.
When a driver strikes a pedestrian, we work to ensure the victim receives total compensation for medical costs, lost wages, pain, and suffering, and all impacts the accident had on their lives.
Common Pedestrian Accident Injuries
Without a vehicle to protect them, pedestrians sometimes suffer horrific injuries when struck by a car or truck. Head injuries, broken bones, and internal organ damage cause significant pain, present difficulties in recovering, and lead to disabilities and fatalities.
Some of the most prevalent severe injuries suffered by pedestrians include the following:
Traumatic Brain Injury
Traumatic brain injuries (TBI) range from mild and recoverable to severe and permanent. Mild TBI may result in temporary cognitive issues that improve with therapy. Severe TBI often results in lifelong cognitive disabilities that demand ongoing care and therapy.
Broken Bones
The average passenger vehicle weighs nearly 4,000 pounds, so it takes just a little speed to generate enough force to break bones.
Organ Damage
The human body can only sustain a small amount of force from a vehicle without damaging internal organs. As a result, the spleen, liver, kidneys, and heart can all be seriously injured. Operations to repair organ damage may be required; internal bleeding of the organs can be fatal.
Do I Need a Lawyer For a Pedestrian Accident Claim?
In almost all cases, you need a personal injury attorney if you were a pedestrian injured by a driver.
Pedestrian accident cases tend to cause serious injuries. When even a vehicle at low speed hits a pedestrian, head injuries, broken bones, paralysis, and even death can occur. As a result, pedestrian accidents have high valuations, which means insurance companies are willing to invest time and money in a vigorous defense.
Pedestrians usually have a strong case when a vehicle strikes them. They may have been on the sidewalk, walking in a crosswalk, or minding their own business when a driver mishandled their vehicle and hit them.
Nevertheless, California is a pure comparative negligence state. According to this legal theory, a court can rule the pedestrian is at least partly at fault for their injuries. For instance, the defense could argue that the pedestrian was crossing the road against the traffic lights.
It’s possible a court could then rule the pedestrian entirely at fault, mostly at fault, partly at fault, or not at all at fault.
The at-fault percentage drastically impacts the accident victim’s compensation. For example, if you sustained $200,000 in damages but were found 75% at fault, you receive just 25% of your damages, or $50,000; likewise, if you are found 25% at fault, you receive 75% of your damages, or $150,000. However, if you are found not at fault, you receive the entire $200,000.
Defense attorneys work hard to pin the pedestrian on as much blame as possible. Even if they only persuade the court to assign the pedestrian a small percentage of accountability, the plaintiff loses significant compensation.
Alpine Law’s pedestrian accident lawyers work tirelessly to ensure this never happens to their clients. They know all the insurance company tricks to reduce payouts and how to combat them. If you have suffered an injury in a pedestrian accident, you need a Newport Beach personal injury attorney on your side.
Contact a Top-Rated Newport Beach Pedestrian Accident Attorney Today
Alpine Law pedestrian accident lawyers Newport Beach is available to provide a free case evaluation. Call now.
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PEDESTRIAN ACCIDENT LAWYER NEAR NEWPORT BEACH, CA
Hiring the right Pedestrian Accident Attorney will make a significant difference in your difficult and distressing situation. You may spend numerous hours attempting to figure out what you need to do next at the Newport Beach Courthouse. By not hiring an attorney, you’ll waste countless hours figuring out what you need to do next. You will also get 40% less when the settlement finally comes around, which will happen much faster with professional help.
Please contact us if you have any queries or want to know what you could be owed. In California, you have two years from the date of injury to file a claim and sue for compensation. If you want to go it alone in court, the Newport Beach Courthouse is located at 4601 Jamboree Rd, Newport Beach, CA 92660.
If you want to take professional help, our Pedestrian Accident Lawyer in Newport Beach will be more than happy to help you.
FAQs About Pedestrian Accident In Newport Beach
We understand that you have questions about the claims process. Below are answers to frequently asked questions about Pedestrian accidents.
Who is Responsible for Pedestrian Accident Cases?
California law uses pure comparative negligence in assigning responsibility in pedestrian accident cases. According to this standard, one party to an accident can be 100% liable, or the responsibility is split between two or more parties.
For instance, if a pedestrian is walking in a crosswalk and a driver strikes them, a court would likely find the driver 100% at fault.
On the other hand, a speeding, distracted driver may fail to see a pedestrian and hit them while that person was jaywalking. In this case, the driver and pedestrian may have shared liability. The injured pedestrian then receives damages minus their liability. For example, if a court rules the pedestrian 50% at fault, the award is just 50% of the damages.
When May a Person File an Appeal?
Appeals happen after a case goes to trial. Either side may file an appeal. Usually, the party that lost at trial will appeal, but because of California’s pure comparative negligence law, an injured party who won damages may appeal.
For example, suppose a plaintiff won 70% of his damages because the court found him 30% responsible for the accident. In that case, the plaintiff may appeal because he was 0% responsible and should receive 100% of claimed damages.
Most pedestrian accident cases settle out of court before a trial. The discovery process establishes the facts of the case, and lawyers negotiate a settlement.
However, in a minority of cases, the facts remain in dispute. When this occurs, the parties may not agree on damages. Therefore, a trial is held so a jury can weigh the evidence and determine damage based on its interpretation of the evidence.
Post-trial, either party can appeal. An appeals court consisting of three judges then reviews the case. The appeals panel does not second-guess a jury’s finding of fact. Instead, it searches for errors in the conduct of the trial under the law.
For instance, suppose it determines that the trial court made a mistake, such as an improper jury instruction or ruling on evidence admissibility. In that case, it may reverse the verdict or order a new trial.
The court of appeals is generally the last resort for litigants. A party could appeal to the California Supreme Court if it disagrees with the appeals decision. However, the supreme court only hears a minority of appeals it receives based on whether its members feel a legal precedent should be set based on the case.
How Much Is My Pedestrian Accident Case Worth?
Personal injury damages in California consist of economic, general, and punitive damages.
Economic damages are the clearest and easiest to demonstrate. The accident cost the victim X dollars, and they should receive the equivalent in compensation. Monetary damages include the following:
- Medical bills
- Medications
- Physical therapy
- Occupational therapy
- Rehabilitation hospital stays
- Lost wages
- Lost benefits
- Lost income from a business
General damages are the non-economic impacts of the accident. They include the following items:
- Pain and suffering
- Emotional distress
- Inconvenience
- Loss of enjoyment of life
- Loss of consortium
California courts rarely award punitive damages. Instead, the law reserves them for egregious cases of wanton, reckless, or intentional action that endangers the lives of others. For instance, a court may award punitive damages if the driver was on drugs, was driving in a way that a reasonable person would conclude disregarded the lives of pedestrians, or hit someone with their vehicle due to road rage.
How Long Will It Take To Resolve My Case?
Most pedestrian accident cases have clear evidence of liability against the driver. As a result, they tend to settle out of court in 1-2 years. Trial cases take longer but are unusual.
What Is the Statute of Limitations on Pedestrian Accidents in California?
California law requires pedestrian accident claims to be filed no longer than two years from the date of the incident.
How Much Does a Pedestrian Accident Lawyer Cost In Newport Beach, CA?
Alpine Law pedestrian accident attorneys Newport Beach takes pedestrian accident cases on a contingency fee basis. Contingency fee agreements mean that the client pays nothing unless they collect. The arrangement covers all costs, including attorney’s fees, court costs, and expert witnesses. All fees come from the settlement or award, so the client never pays out of pocket.
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