Pedestrian Accident
Motor vehicles strike pedestrians over one hundred thousand times per year. It is unsurprising that the pedestrian rarely escapes with only minor injuries. Instead, often the result is a spinal cord injury, a serious head injury, or even wrongful death.
The majority of accidents involving pedestrians occur when a driver disobeys the law by failing to yield the right of way to someone on foot. This is classic driver inattention. Also, speeding, drunk driving, and pre-occupied driving are lead causes on pedestrian injuries.
Who is Liable
The driver will be held legally responsible to pay for injuries he or she causes if the driver failed to act reasonably in operating the motor vehicle. That is, if the driver did not use the level of skill and caution a reasonably prudent person would use in a similar situation, then that driver should compensate the victim for all injuries he or she caused the pedestrian.
Because driving is so heavily regulated, having laws attached to nearly every move a driver makes, the doctrine of negligence per se frequently arises in the context of motor vehicle accidents, whether involving another car, a truck, a motorcyclist, a bicyclist, or a pedestrian. This doctrine holds that someone who violates the law, and in the process of doing so causes an injury the law was designed to prevent, is negligent, period. There is no measuring of the"ordinary care," or "reasonable person." The question of negligence is answered in the affirmative, and the discussion turns to the extent and cost of the injuries caused. By way of example, if a person is driving fifty miles per hour in a residential neighborhood with a posted speed limit of twenty-five, and that driver hits a pedestrian, the law will simply presume the driver was negligent, and therefore responsible to pay for the pedestrian's injuries.
It is not just the driver, however, who may be liable. If the driver borrowed the vehicle, and the owner of the vehicle had reason to know lending it to the driver was a bad idea, but did so anyway, the owner may be liable. These cases often arise when a car owner lends his or her car to someone who has been drinking alcohol. The law will hold both people responsible for your injuries, since they both played a role in the circumstances causing harm. Other situations where an owner of a car should know better than to lend his or her vehicle to someone may include lending to someone with a known history of driving recklessly or lending to someone who is on medications that impair driving ability.
Also, if the driver who caused the accident, and therefore your injuries, was working at the time of the accident, then the employer may be liable. This general rule holds true if the driver was acting within the scope of the employment when the accident occurred. Although truckers and delivery drivers are classic examples, anyone who is on the clock and running a work-related errand is likely acting within the scope of employment, even if his or her job description does not include driving.
What Compensation is Available
An injured pedestrian's medical bills accrued and wages lost because of the accident are recoverable. In addition, future medical bills and future lost wages can be recovered, as long as they can be ascertained with reasonable certainty. Compensation for lost earning capacity is also available. For example, if a carpenter is injured in a pedestrian accident, and as a result can no longer work in the field or become a foreman, then the foreman-pay may be recoverable, if the carpenter can show he or she had a likely chance of getting the promotion, until the accident occurred.
In addition, a victim of a pedestrian accident can be monetarily compensated for his or her pain and suffering, both past and future. Typically, this figure includes compensation for experiencing fear of imminent harm or death, physical pain, and loss of enjoyment of life.
Although no amount of money can make up for the loss of a loved one, if the victim of a pedestrian accident dies, California's Wrongful Death statute allows surviving family members to recover for loss of financial support, medical expenses, funeral expenses, loss of consortium, and loss of comfort and care. If nothing else, these awards will ease the financial burden imposed on the family, and force the at-fault driver to bear some of the responsibility.
Finally, when a person acts with malice or in conscious disregard of the rights and safety of others, the law may impose what is called punitive damages. Driving drunk is a common example of such conscious disregard, though there are other situations. This is a sum of money paid to the injured person that is intended to punish an at-fault driver, in proper circumstances. Often, this award is far greater than the compensation for medical bills and lost wages.
How to Get That Compensation
Because the driver, the owner, or the employer may be legally responsible to pay for a pedestrian's injuries, because there are several legal theories that allow monetary recovery, because a pedestrian's injuries are often catastrophic, and because the measure of damages is often quite complicated, it is important that you contact an experienced attorney if you or a loved one has been injured in a pedestrian accident.
Also, do not speak with the other driver's insurance company about your bodily injuries. Remember, the adjuster's job is to give you as little money as possible. If you are impatient and take a quick settlement, if you later learn your injuries require future care or you have to miss more work than you expected, you will never get that money. You can simply decline to talk to the adjuster, and refer him or her to your attorney.
At the Law Offices of Slaughter & Slaughter, we understand not only the potential severity of pedestrian accident injuries, but also the severity of the impact these injuries have on the daily lives of the victim and his or her family members. Although no amount of money can truly compensate, we are experienced in assessing the wide range of effects these injuries can have. We are willing to fight for your rights and seek the maximum compensation the law will provide. If you or a loved one has suffered an injury in a pedestrian accident, call The Law Offices of
Slaughter & Slaughter today.
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