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Law Offices of Fernando Vargas
Law Offices of Fernando Vargas

Pedestrian Accident Trial Lawyer

Pedestrian Accident Trial LawyerCrossing the street is something people do every day; children do it when walking to and from school, adults do it when commuting to work, and families do it when heading out to their favorite restaurants. However, seldom do people consider the dangers of this seemingly insignificant activity.

Thousands of pedestrians are injured and killed in traffic-related accidents every year. According to the National Highway Traffic Safety Administration (NHTSA), close to 71,000 pedestrians were injured or killed in 2013 from traffic-related crashes in the United States. This averages out to one pedestrian injured every 8 minutes and one pedestrian killed every 2 hours! Below are some additional pedestrian accident statistics from the NHTSA:

If you or a loved one has suffered injuries as a pedestrian, it is important that you choose an attorney who thoroughly understands California’s laws and statutes regarding pedestrian accidents. California Pedestrian Accident Lawyer Fernando D. Vargas is an experienced trial lawyer who, since 1987, has effectively litigated thousands of personal injury cases throughout the counties of Los Angeles, Riverside, San Bernardino, and Orange, with an emphasis in the cities of Pomona, Rancho Cucamonga, Claremont, Montclair, Upland, Ontario, Chino, Fontana, Riverside, and San Bernardino. The Law Offices of Fernando D. Vargas, which is located in the city of Rancho Cucamonga, has recovered millions of dollars in personal injury verdicts and settlements for their clients.

 


What should I do if I was involved in a Pedestrian Accident?

What should I do if I was involved in a Pedestrian Accident?

If you are involved in a traffic-related accident that involves a pedestrian, there are several things you should do.

  • Stop. You must stop if you are involved in a pedestrian accident. Failure to do so may constitute a hit and run, which is a felony.
  • Your first priority should always be the health and safety of everyone involved, including yourself. Therefore, if you are physically able to do so, the first thing you should do is check to see if everyone involved is okay. 
  • If anyone requires medical attention, call 911 immediately!
  • Get the name, address, phone number, driver’s license number, license plate number, and insurance information from the driver of every vehicle involved in the accident.
  • If  you are physically able, get the name, address, phone number, and insurance information from the driver.
  • Get the name and phone number of every witness to the accident. If possible, interview them regarding what they saw and/or heard.
  • Take pictures of the accident site. Most cell phones have a built-in camera. If you do not have a camera, ask a witness to take a photo with their cell phone and text or email it to you.
  • Do not admit liability to anyone.
  • Avoid speaking with any insurance company or the other party’s attorney.
  • Protect your rights and immediately call the Law Offices of Fernando D. Vargas at 909 / 982-0707 or contact us online to schedule a free consultation.


Who is at fault in a pedestrian accident?

Who is at fault in a pedestrian accident?

When a vehicle hits a pedestrian, the first question that is usually asked is “Who was at fault?” The laws of negligence determines fault for a pedestrian accident. Negligence is failing to act with reasonable care; a deviation from what the reasonably prudent person in the community under the same or similar circumstances would have done.   Your attorney will thoroughly investigate your case and examine all the evidence to protect your legal rights.

Driver’s Negligence

The driver has a duty to act reasonably and to obey all traffic signs and lights. Drivers may be negligent by:

  • Traveling in excess of the posted speed limit;
  • Failing to yield the right of way to the pedestrian;
  • Failing to stop at stop sign or red traffic light;
  • Failing to obey traffic signs and signals;
  • Driving while distracted (texting, emailing, talking on the phone, etc.);                                                                                            

Pedestrian’s  Negligence

 The pedestrian has a duty to act reasonably and to obey traffic signs and lights. Pedestrians may be negligent by:

  • Crossing the street illegally and not in the designated crosswalk;
  • Failing to obey the intersection traffic light “walk / don’t walk” signs;
  • Not looking both ways before crossing the street

Comparative Negligence / Comparative Fault

thumbnailMany times, both the driver of the vehicle and the pedestrian are negligent and their negligence contributed to the accident. For example, the driver may be negligent by texting while driving and the pedestrian may be negligent by crossing the street illegally. 

When this happens, the pedestrian’s ability to recover for his/her damages is determined by the state’s laws.

The State of California follows the laws of “Comparative Negligence” or “Comparative Fault.” This rule of law measures each party’s reasonableness and negligence in relation to the accident and reduces the amount of recovery by the percentage of negligence. For example, if a judge or jury determined that the pedestrian was 10% negligent for an accident, the pedestrian’s damages would be reduced by 10%.


Injuries and Damages Caused by Pedestrian Accidents

Injuries and Damages Caused by Pedestrian Accidents

Unlike drivers of a motor vehicle, pedestrians are not protected by an insulation of metal and are, obviously, much more vulnerable to injury if hit by a vehicle. Therefore, when a pedestrian is involved in a traffic-related crash, the injuries can be devastating! Such injuries can include:

  • Fractures
  • Head injuries
  • Spinal cord injuries
  • Paralysis
  • Paraplegia and Quadriplegia
  • Amputations
  • Disfigurement
  • Death

Compensation of Injuries and Damages in Pedestrian Accident Cases

When a pedestrian is injured in a traffic-related crash, the outcome can be life changing, not only for the pedestrian, but for his/her family, too. That is why it is critical that you hire an experienced California Pedestrian Accident and Personal Injury Trial Lawyer who is skilled in handing pedestrian accident cases. Your pedestrian accident lawyer will need the expertise necessary to help you to be justly compensation for the injuries and damages you have suffered. These damages will include both economic and noneconomic damages.

Economic Damages

Economic damages are injuries that can be calculated from documents or records that evidence out-of-pocket expenses. Examples of economic damages include:

  •  Medical bills, in the past and in the future
  • Lost wages
  • Loss of earning capacity 
  • Assistive devices and transportation
  • Renovations to home (e.g., ramps, handrails, etc.)
  • Loss of household services

Non-Economic Damages

Non-economic damages are injuries that cannot be calculated from documents or records and include:

  • Physical pain and suffering
  • Mental anguish and emotional distress
  • Disfigurement
  • Inability to perform certain functions or activities
  • Loss of enjoyment of life
  • Loss of consortium

In some cases, the Plaintiff may be also be able to recover exemplary damages (also called punitive damages), which are intended to punish the Defendant if he/she acted recklessly or with willful disregard for the safety of others. It takes a team of medical experts and economists to proving both economic and noneconomic damages. The Law Offices of Fernando D. Vargas works with a team of highly qualified expert witnesses who will work diligently to develop a comprehensive life plan for your future and develop the evidence needed to prove all your damages.


Insurance Coverage for Pedestrian Accidents and Injuries

Insurance Coverage for Pedestrian Accidents and Injuries

005943454A pedestrian’s injuries and damages may be covered by several different insurance policies:

Driver’s Automobile Insurance: 

Some or all of the pedestrian’s injuries may be covered by the negligent driver’s automobile insurance policy, depending on the size of the policy. If more than one driver was negligent, the pedestrian may be able to recover damages from multiple drivers’ insurance companies.

Pedestrian’s Automobile Insurance:

If the driver is uninsured and the pedestrian has an automobile policy of insurance, which provides coverage for uninsured drivers, the pedestrian’s insurance may pay for the damages caused by the negligent driver. Also, if the pedestrian has medical payments coverage under his/her policy of insurance, a claim for these benefits may be made and the insurance proceeds used to pay for the pedestrian’s medical expenses. 

Pedestrian’s Health Insurance: 

The pedestrian’s injuries may be covered by his/her own health insurance policy.

Pedestrian’s Disability Insurance:

The pedestrian’s injuries may also be covered by his/her own disability insurance policy. Like all personal injury cases, pedestrian accidents can be complicated and difficult to litigate. That is why it is so important that you choose an attorney who is highly experienced in representing the victim of pedestrian accidents.


Free Consultation!

If you or a loved one has suffered injuries as a pedestrian due to the negligence of another, the Law Offices of Fernando D. Vargas can help. Mr. Vargas has the skill, expertise, and experience necessary to successfully litigate your pedestrian injury case. 

In addition, attorney Vargas has a team of experts that will work with him to prove your injuries and damages in order to fight the insurance companies and get you the maximum compensation you deserve. During your free consultation, Mr. Vargas will personally discuss the facts of your case, review the details about your injuries, and advise you about your rights. 

Since 1987, California Pedestrian Accident Attorney Fernando D. Vargas has successfully litigated thousands of personal injury accident cases including pedestrian injury claims throughout the Inland Empire and the counties of Los Angeles, Riverside, and San Bernardino with an emphasis in the cities of Pomona, Rancho Cucamonga, Claremont, Montclair, Upland, Ontario, Chino, Fontana, Riverside, and San Bernardino.

No Recovery, No Fee!

Pedestrian accident cases can be expensive to litigate. However, the Law Offices of Fernando D. Vargas, which is located in the city of Rancho Cucamonga, takes all of the firm’s pedestrian cases on a “contingency fee” basis. This means that you will pay nothing up front and Mr. Vargas will advance all money necessary to prepare your case for either settlement or trial. If Mr. Vargas is unsuccessful in resolving your case, you pay absolutely nothing. The Law Offices of Fernando D. Vargas, which is fully staffed with bi-lingual personnel that are fluent in Spanish, has successfully championed the rights of personal injury victims by wining millions of dollars in verdicts and settlements for their clients since its foundation in 1995.

If you or a loved one has suffered injuries as a pedestrian, it is vital that you consult with a reputable and experienced California Pedestrian Accident Trial Lawyer. Call the Law Offices of Fernando D. Vargas at 909 / 982-0707 or contact us online to schedule a free consultation. If your injuries prevent you from coming to our Rancho Cucamonga office, we can arrange to visit you at your home or the hospital to ensure the timely investigation of your claim.

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