Are you a pedestrian who has been involved in an accident due to another person’s carelessness? You may be able to claim compensation from the other party’s insurance company for your injuries.
This article provides you with some much-needed information that will help you work out what you need to claim compensation.
Factors affecting compensation you receive in a pedestrian accident
It is not as straightforward as you might think. When you are injured in a pedestrian accident, compensation can be complicated and vary from case to case.
Speak straight away to an attorney who will evaluate your case based on all factors involved.
The compensation you receive is determined by factors like:
- Expenses incurred: These expenses include medical bills, damage to personal property, loss of income, as well as ongoing medical treatments.
- Severity and type of injury: The severity of your injury will determine how much you will be compensated. For example, if a victim is permanently disabled and unable to work or requires surgery, the compensation will be considerably higher than a victim with just a bruise.
- Impact of the accident: How did this accident impact the quality of your life? It might take a toll on your mental health or ability to work and provide for yourself and your family.
Evidence you can present
In California, you need more than just the word of the victim of an accident to have a successful claim. You also have to present relevant evidence to prove negligence.
If you don’t have the proper evidence, your chances of winning a case decrease.
These are some of the ways you could establish and support your claim:
- Medical records: Your attorney can use medical records like critical care records, emergency room records, hospital stay records, surgery records, treatment plans, and medical history to defend your legal right.
- Surveillance footage: Collect video footage from surveillance cameras or dash cams.
- Photos and videos: Take pictures of the damage, the scene of the crash, and injuries sustained.
- Witness testimonies.
- An accident report from a law enforcement officer.
- Expert opinion from an accident reconstructionist.
You have to prove that the driver owes you a duty of care, breached the duty of care, caused your injury, and you have a right to recovery.
Can a driver claim compensation against a pedestrian?
A pedestrian who causes a driver to crash their car could be found responsible for an accident and held liable for damages.
Pedestrian accident lawyers can help the victim pursue damages for injuries or losses. This could include a settlement for the driver’s financial losses and damage to their vehicle, medical expenses, personal injury, lost wages, as well as any costs incurred by the driver.
In the unfortunate circumstances of a pedestrian accident, it can often be difficult for the driver of the vehicle to prove that they are not at fault for causing injury to the pedestrian or damage to properties. This is where a team of experienced legal advisers can help.
If you have been in a pedestrian accident, contact LIONSGATE LAW GROUP, APC and speak with one of our lawyers at 800-454-5299.