Real Stories From Real People
“My father passed away from being hit by a car. We were told my father (the pedestrian) was 100% at fault. Alpine Law won our case in 8 days! No, not 8 years like most law firms but 8 days. We will forever be grateful for their hard work and compassion.”
“I have 3 lawyers in my family and Arin surpassed all their expectations.”
“I have not been as fortunate ever in my life as I was the day I contacted Alpine Law Group. Prior to this case I had another attorney that I waited months and made several attempts for contact and was left hanging. This was not the case with Alpine Law.”
“I could not be happier with my experience, and I would highly recommend Arin and his firm. 5 stars all the way.”
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
- 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
- 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.