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Don't walk away from compensation after a pedestrian accident

California readers know that pedestrian accidents are particularly dangerous because the pedestrian is largely unprotected against the impact of a large, heavy vehicle. Sadly, many of these types of motor vehicle accidents are the result of negligence or reckless behavior and are completely preventable.

According to the National Highway Traffic Safety Association, approximately 5,000 people die every year because of injuries suffered in pedestrian accidents, and thousands more survive, but with injuries. Whether a vehicle struck you while you crossed the street at a crosswalk or you walked through a parking lot, you have the right to know your options. Your accident may not be your fault, and you could have the right to compensation.

Did negligence cause your accident?

Pedestrian accidents can certainly happen when a person is attempting to cross the street at the wrong place or is not paying attention, but often, these accidents are the result of driver negligence. Distractions, speeding and other factors can increase the chance that a driver will hit a pedestrian. If negligence is to blame for what happened to you, you likely have grounds for a civil claim.

Simply believing that someone else is responsible for your accident is not enough to prove that you have grounds for financial compensation, however. Building a strong claim requires supporting documentation and evidence of the following:

  • The defendant, which is the driver in this case, owed a certain duty to you, such as yielding properly at a pedestrian crossing.
  • The defendant breached that duty through either inaction or certain actions.
  • This breach of duty resulted in you being struck and suffering injuries.
  • You suffered physically and financially because of the actions or inaction of the defendant.

You would be wise to take quick action after an accident to ensure that evidence does not degrade or diminish over time. Building a strong claim against the party or parties you believe to be liable starts as soon as possible after an accident.

The recovery you deserve

Recovering after a serious accident can be a long and arduous process. You may need time away from work and continued medical care just to recover from the physical impact of your pedestrian accident. The compensation you seek should accurately reflect both your short-term needs and needs long into the future.

You have the right to a full and fair recovery after your accident. You do not have to suffer in silence, and you are entitled to seek an evaluation of your case and explanation of your legal options.

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