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Don't take a pedestrian crash lying down

You move along a crosswalk downtown once you see the crosswalk signal start flashing. However, all of a sudden, a car moves quickly toward you. You try to avoid it, but it strikes you anyhow, leaving you with serious injuries.

Pedestrian crashes that are the cause of injuries can easily take place in California due to a motorist's negligence. Fortunately, it is within your rights to pursue compensation for any injuries you suffer in such accidents.

Pedestrian wrecks

Recovering damages for any injuries you have received in your pedestrian crash is possible if you can prove that a driver's negligence caused the crash. Negligence basically means that the driver did not do what other reasonable people would have done in the same situation to protect pedestrians like you from any foreseeable risks.

Establishing liability in your pedestrian wreck is possible if you can demonstrate that the following happened:

  • The driver had a duty to exercise care in a reasonable manner.
  • The driver did not fulfil this duty as a result of his or her inaction or action.
  • The driver caused your wreck.

Furthermore, you will need to show that the driver harmed you in the collision.

Examples of negligence

A driver may be negligent if he or she does one or more of the following and causes a pedestrian to suffer an injury:

  • Drives while impaired by drugs/alcohol
  • Drives while distracted
  • Fails to signal while turning
  • Fails to abide by traffic signals/signs
  • Speeds
  • Does not yield to a pedestrian who is using a crosswalk correctly

A driver is also negligent if he or she fails to take into consideration traffic or weather conditions while operating a motor vehicle.

Your rights after a pedestrian wreck

Although a pedestrian accident can certainly cause you physical harm, it can also lead to financial harm. This is because you might end up losing wages as a result of not being able to go back to work for an extended period of time. In addition, you may accrue hefty medical care bills.

Fortunately, you can file a liability claim against the motorist who hit you, seeking the reimbursement of monetary damages. If you are successful in your personal injury claim, you may receive a financial damage award that might help you to cover your medical bills and other losses associated with your pedestrian collision.

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