How to Find the Best Pedestrian Accident Lawyer in California
There were 1,108 pedestrians killed in motor vehicle accidents in 2021, according to the California Office of Traffic Safety. In addition to these lives lost, many more people were hurt in pedestrian accidents as well.
Pedestrians don’t have the protection of air bags or a vehicle to absorb some of the force and impact of a collision. They are often seriously hurt as a result of a crash because of this lack of protection. This makes it especially important for injured pedestrians and those who have lost loved ones to understand their legal rights.
An experienced legal professional can help you pursue a personal injury or wrongful death claim. However, there are many lawyers offering services, so it can be hard to know where to start when looking for the best pedestrian accident lawyer in California.
This guide will show you the steps to take to find the right attorney to advocate for you and get you the compensation you deserve.
Do You Need a California Pedestrian Accident Lawyer?
If you were hurt in a pedestrian accident, you most likely need an attorney to represent you. The same is true if your loved one was a killed in a car crash while walking.
You aren’t required to hire legal help, and an insurance company representing the at-fault driver may offer a settlement even if you don’t have a lawyer. However, you should not accept a settlement without knowing your rights.
The truth is, insurance companies have experts aimed at protecting their financial security. Without a legal professional on your side, its difficult for you to know what is fair compensation for your specific case. You will need an attorney on your side who can guide you in through the legal process and litigate on your behalf until you get fair compensation for the damages caused by the accident.
A pedestrian accident attorney will work with you to ensure you file your claim within the two-year statute of limitation set by California Code of Civil Procedure section 335.1. Your attorney can also help you negotiate a fair settlement or go to court, prove your case, and show the extent of your damages.
Step-By-Step Guide to Find the Best Pedestrian Accident Lawyer in California
When you are ready to find the best pedestrian accident lawyer in California, taking these steps will set you on the right path.
Decide Which Attorneys To Talk To
You will want to interview several attorneys to find the right one. There are a number of ways to find legal professionals to potentially represent you. Here are some options:
- Ask for referrals from friends and family.
- Talk with lawyers you may have done business with in the past, such as a lawyer who handled your real estate closing. See if they have any colleagues who focus on pedestrian accident claims.
- Check with your local bar association or local professional organizations.
- Search the Internet for an attorney with an informative website who offers free consultations to crash victims.
Make Sure Your Lawyer Has Pedestrian Accident Experience
Pedestrian accident claims are different from other car accident cases. It’s important to have a lawyer who has handled claims similar to yours so they’ll know how to gather and present evidence in the most advantageous ways.
An attorney who handles pedestrian accident cases on a regular basis will also have connections with experts who can testify on your behalf about the crash cause and the extent of damages resulting from the force of a vehicle striking while you’re unprotected.
Look for a Contingency Fee Payment Structure
As you narrow down your list of legal professionals, the first key step is to make sure the attorneys you are considering charge a contingent fee.
Attorneys who work on contingency are paid legal fees contingent upon or dependent upon the outcome of your case. If they do not recover compensation for you from the at-fault parties who caused your pedestrian crash, you don’t have to pay.
When attorneys work on contingency, they also get paid more if they recover more money for you. This helps ensure they’re strongly motivated to get you the largest settlement or court verdict possible.
In fact, attorneys are often so successful at doing this that studies have shown most people who hire a lawyer walk away with more money than those who don’t — even after the contingency fee is paid.
Find an Attorney You Can Talk To
You’ll likely schedule a free consultation with attorneys you’re interested in hiring. During this consultation, the goal is to find a lawyer you feel comfortable with.
You’re going to have to share intimate details about the pain you’re enduring, the financial and emotional costs of the accident, and how you’re coping with the injuries. You need someone who has your best interest at heart and who you are confident is truly listening to you and invested in your story.
You can also expect that your case will take time to resolve — sometimes even months or years. It can be frustrating to wait for justice, especially if your attorney doesn’t communicate with you regularly.
Be sure your lawyer will update you frequently with case developments. Your lawyer’s communications should be understandable and informative. It’s a good idea to ask whether the lawyer you hire will be your main point of contact, or if associates and paralegals will be the people you primarily speak to throughout your case.
Make Sure Your Pedestrian Accident Lawyer Has Negotiation and Litigation Experience
The majority of personal injury claims don’t go to court. They settle out of court. An out-of-court settlement can be reached more quickly and can be less stressful. There won’t be uncertainty about the outcome of your claim or a need to present evidence before a judge.
Look for an attorney who has a long track record of successfully settling claims to maximize the chances of getting a fair settlement. If your lawyer is a skilled negotiator who stands up to insurance companies on a regular basis, you’re much more likely to be offered the money you deserve.
Not every case settles, though. If yours doesn’t, you want an advocate who can be with you to the end. Find out if your attorney has handled many cases that were resolved in court and what the outcomes were.
Your own case details determine your compensation, but if your lawyer has a history of helping clients recover large settlements or win big jury verdicts after a pedestrian accident, this is a good sign that they have the legal skills necessary to get the maximum damage award possible.
What Can a Lawyer Do To Help After a California Pedestrian Accident
Finding the right pedestrian accident lawyer is essential because your attorney will handle a number of important tasks on your behalf following the collision. Here are some of the jobs your lawyer will take on in the aftermath of a pedestrian crash.
Obtain Evidence from the Crash
It’s up to you to prove the other driver was negligent, which means they were unreasonably careless or violated a safety rule aimed at protecting pedestrians. You’ll need evidence to prove your case.
Since you weren’t in a vehicle at the time, you can’t show pictures of the damage to your car. However, you can gather other evidence like police reports, witness statements, camera footage of the accident from nearby security cameras, and expert testimony about the incident.
A skilled legal professional knows what you must prove to win your pedestrian accident case and will take the steps necessary to get the necessary evidence. This might include everything from interviewing witnesses to finding experts to interacting with the California Highway Patrol or your local police department to get the crash report from the scene.
This evidence will be invaluable in convincing the insurer to offer you a fair settlement or the court to rule in your favor.
Prove the Driver Was to Blame
You have the burden of proof in an injury claim. You must show the following:
- The driver was negligent, defined as violating a safety rule or operating a vehicle with less care than the average hypothetical reasonable driver would have.
- The negligence was the direct cause of your pedestrian accident.
- You sustained damages you can be compensated for as a result of the pedestrian crash.
California follows a pure comparative fault rule under Li v. Yellow Cab Co., 532 P.2d 1226 (1975). This means you can take legal action against another driver to collect their portion of your damages, even if they were only hold a small percentage of the blame for the pedestrian crash.
Your attorney will show how much of the responsibility for the accident falls upon the other motorist and how much compensation you deserve because of it.
Help You Show the Extent of Your Damages
You should be compensated for economic and non-financial loss following a pedestrian crash. This includes payment for the following types of damages:
- Past and future medical bills
- Lost wages
- Loss of future earning power
- Pain and suffering
- Emotional distress
- Wrongful death damages in a fatal pedestrian crash that caused you to lose a loved one.
Fight for Fair Compensation
Finally, your attorney will either negotiate a settlement for you or fight in court to prove your case. Your lawyer will use their strong negotiation skills or litigation experience to get you the justice you deserve.
FAQ
How Much do Pedestrian Accident Attorneys Charge in California?
Pedestrian accident attorneys charge on a contingent fee basis in California. They collect a percentage of the compensation you recover. The percentage they receive depends on when your claim was resolved.
What are the Rules for Pedestrian Accidents in California?
California is an at-fault state. Pedestrians can pursue a claim for compensation after a pedestrian crash if a driver was negligent and caused them harm. Under California’s pure comparative fault rules, a pedestrian who was partly to blame for the accident can still pursue a claim against the driver. The motorist will be held responsible for covering a share of damages proportionate to their share of the blame.
Should I Get a Lawyer for a Pedestrian Accident that Wasn’t My Fault in California?
Yes, you should get a lawyer for a pedestrian accident that wasn’t your fault. A California pedestrian accident lawyer can assist you in navigating the legal system to make the at-fault party pay you compensation for the damages the crash caused you.
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This story was originally published August 21, 2024 at 1:53 PM.