Guiding you through the legal maze


What You Should Know About Pedestrian-Versus-Car Accidents

Pedestrian-versus-car accidents are some of the scariest accidents of all. Unfortunately, such accidents are all too common. According to statistics from the Centers for Disease Control, a pedestrian is injured in an accident involving a vehicle every seven minutes. Victims and other parties involved in pedestrian-versus-car accidents in the greater Folsom area are often overwhelmed by stress fear in the aftermath of an accident. Understanding the legal basics of these types of accidents is essential to knowing how to move on and recover.

What Happens After the Accident?

The first minutes after a vehicle-on-pedestrian accident can be a whirlwind of activity. EMTs will attend to injured parties, and police officers will talk to witnesses and the parties involved. A driver’s insurance agent may also come to gather information. The police officer will use the information gathered to write a report that describes the accident.

In cases where responsibility is clear, the responsible party’s insurance company will often settle. In other cases, neither party will acknowledge responsibility for the accident. The parties can choose to leave the situation as-is, or parties can sue each other to recover damages from the accident. Successfully arguing for damages in California means proving that the other party was legally responsible for the accident.

Identifying the Responsible Party

Determining who’s responsible for an accident means proving negligence. If a driver was intoxicated, distracted, speeding, texting or didn’t obey a traffic light, that person will often be found at fault for an accident. Failing to yield for a pedestrian who has the right of way is also a type of negligence.

Of course, there are situations where pedestrians engage in risky or illegal behaviors and are at fault for accidents. Drivers in these cases are often left with grief for causing an injury or death even though they did everything they could to stay safe on the road. It’s important that drivers who’ve been involved in an accident can prove who was at fault. While it’s sad that someone was injured, it’s important that innocent drivers don’t have to pay for accidents that they couldn’t have prevented.

What Happens During a Pedestrian Accident Case?

There are times when a pedestrian-versus-car case is so clear that the parties are able to reach an agreement and settle without much hassle. Unfortunately, many accident victims and their families face a confusing legal process to recover compensation after a serious accident. Insurance companies often make the most of this confusion and make unfair offers to victims.

If the responsible party won’t admit any negligence, or if the settlement offered isn’t adequate, victims can go to court and ask a judge or jury to decide their cases. Most victims rely on personal injury attorneys who know how to determine negligence and argue for fair damages. After all, the court system can be tough to navigate. Having an experienced negotiator and advocate in court often makes all the difference for those who’ve been injured in pedestrian-versus-vehicle accidents.

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