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As the City of Bakersfield and surrounding areas’ population continues to grow, so does the unfortunate event of pedestrian-vehicle accidents. These types of accidents often result in serious injury that can be financially catastrophic, frequently leaving long-lasting physical damages. Whether you are the driver or the pedestrian in the accident, having adequate legal protection is a very important component of dealing with these cases safely and ensuring the most favorable outcome possible.
Attorney Donald Colvin is a top pedestrian accident lawyer and has a wide-ranging background dealing with pedestrian-car accidents and all of the complexities that occur with them. Pedestrian vs. vehicle accident lawyers such as Donald Colvin know the steps to take to ensure the outcome of your case is in your best interest, and given that hit-and-run collisions are the leading cause of pedestrian accidents in Central California, it is important to make sure you obtain the recovery you deserve with as little trouble as possible. If you are dealing with a pedestrian accident claim vs. a car accident claim, then retaining a dedicated lawyer to offer legal guidance and protection is the most promising way to begin your road to recovery. Colvin Accident Lawyers are qualified pedestrian injury lawyers that are here to fight for your rights and give you the tools necessary to move on after your accident.
A negligent driver is often the primary cause of a pedestrian accident. Motorists must be attentive to their surroundings and maintain control of their vehicles to avoid hitting someone on foot. Pedestrian crashes typically occur because a driver is doing one of the following:
Pedestrian accidents also occur when a driver does not yield to a pedestrian in a crosswalk. Sometimes, other parties have partial or primary responsibility for a pedestrian accident. For example, the car manufacturer could be liable when a car’s steering locks, brakes fail, or some other mechanical issue leads to the accident. Likewise, the local government could be liable when the pedestrian accident results from malfunctioning traffic control devices, shoddy road maintenance, or poor road design.
In some cases, the walker or jogger might be partially responsible for the accident that caused their injuries, specifically if they are jaywalking, moving erratically due to intoxication, or on the road at night without a flashlight or reflective clothing. The negligent pedestrian can still collect financial damages but are responsible for the portion of their damages attributable to their conduct.
A Bakersfield attorney could investigate the on-foot crash with the assistance of accident reconstruction experts to identify all responsible parties.
The losses the injured person suffers due to another party’s negligence are known as damages. The injured walker or jogger can seek reimbursement of their accident-related expenses, called economic damages, and their subjective losses, called non-economic damages. In some cases, they also could claim punitive damages.
Plaintiffs can collect all the documentable costs they incurred in an accident. These expenses could include medical treatment, rehabilitation, or ancillary healthcare treatments to relieve symptoms. They can also collect the cost of durable medical equipment, home renovations necessary to accommodate a permanent injury, or future medical expenses.
Pedestrian accidents often leave the injured person with emotional trauma. Treatment for any mental health condition caused or exacerbated by the collision is a part of the individual’s economic damages. Economic damages include lost income, reduced earning capacity, and the value of any property lost in the accident.
California Civil Code §1431.2(b)(2) describes non-economic damages as the subjective losses someone experiences due to an injury. A pedestrian could claim non-economic damages for inconvenience, humiliation, physical pain or suffering, emotional trauma, disability, disfigurement, and similar losses.
The law allows anyone injured in a pedestrian collision in Bakersfield to claim punitive damages when their attorney can prove the responsible party’s conduct was malicious, oppressive, or fraudulent. Doing so is more complex than proving negligence, as the claimant must provide clear and convincing evidence to collect punitive damages.
Our team is highly specialized in the field of pedestrian-vehicular accidents, and our expertise in this area will help you get a top settlement and as much insurance compensation as possible. A pedestrian/vehicle accident personal injury attorney is a crucial element of ensuring proper restitution and justice, with the least amount of obstacles possible. Colvin Accident Lawyers understand the stress and harm these situations can cause, as well as the fact that your life and future are on the line. Our firm does not take this responsibility lightly and will put in the time and energy necessary to achieve the best result for your case possible.
If you or a loved one has been involved in a pedestrian vs. vehicle accident and is seeking legal protection, do not hesitate to contact us today for an initial consultation.