You could be entitled to a monetary award if you were injured in a pedestrian accident. Severe pedestrian accident injuries can occur based on the tremendous damage a motor vehicle can do to the human body. Without protection from an impact, these collisions are often fatal.
If you or a loved one was injured or killed in a pedestrian accident in Bakersfield, we can help you recover compensation for medical bills, lost wages, pain, suffering, wrongful death and more. We won’t charge you any fee until and unless we recover money to compensate you for your pedestrian injuries. We won’t charge an upfront fee or any out-of-pocket fees – the only fee we charge is a percentage of whatever money we recover for you.
We can get you to the best doctors in the San Joaquin Valley if you can’t afford treatment for your injuries – these doctors won’t charge you until your case is over. Doctor do this for clients of Nadrich & Cohen because doctors know we have been getting our clients great results since 1990. We have recovered over $400,000,000 for clients.
You could have many legal options for seeking compensation for your injuries. From insurance claims to lawsuits, selecting the right course of action on your own can be difficult. Let our Bakersfield pedestrian accident lawyers advise you of your legal options. Call us today for a free consultation.
What Is the Average Pedestrian Accident Case Worth?
Most pedestrian accident cases settle in private, with both sides signing non-disclosure agreements. This makes it impossible to learn about what most of these cases settle for. While some settlement information is made public, no single clearinghouse collects and publishes that information. Identifying publicly-available settlement information could require you to search case-by-case, which is not feasible.
Thankfully, if you were injured in a car accident as a pedestrian, our firm could evaluate the facts and advise you on what your settlement value might be. No personal injury attorney can promise you the outcome you want, as many factors go into these settlements.
However, we could help you understand what you might recover if your personal injury case is successful. This starts with advising you on the types of damages that might be available:
The cost of medical care frequently makes up a large portion of pedestrian accident settlements. These costs can be extensive, depending on the severity of your injuries. Your settlement could include money to pay for treatment (like surgeries, prescription medication, or physical therapy). Our personal injury attorneys can help you recover compensation for past and future medical bills.
Nadrich & Cohen Accident Injury Lawyers
Bakersfield, CA 93301
Pain and Suffering
You could also be entitled to damages based on your physical pain and mental suffering. Pain is subjective, and the same is true for monetary awards based on pain and suffering. Your attorney could make a case for pain and suffering compensation based on how your injuries have impacted your life.
Serious injuries like spinal cord injuries or traumatic brain injuries can make it impossible to work in the short- or long-term. You could suddenly face significant financial strain if you are too hurt to work after a pedestrian accident. Replacing your lost wages could be possible as part of your pedestrian accident settlement.
Loss Of Earning Capacity
While taking walks is common in Bakersfield and sunny California, pedestrian safety is not a guarantee. Sometimes pedestrians are injured so badly they can’t work again, or can’t again work in the same field. If you’ve suffered a loss or diminishment of earning capacity because of your accident, am experienced pedestrian accident lawyer at Nadrich & Cohen can help you recover compensation for it.
Severe injuries often lead to disfigurement or scarring. Like pain and suffering, the effect of disfigurement is subjective. However, our firm could seek compensation based on the disfigurement you sustained in a pedestrian accident by filing a pedestrian accident claim on your behalf.
Pedestrian accident victims sometimes lose their lives. When pedestrian fatalities occur, we help decedents’ loved ones recover compensation for their mental suffering as well as the loss of their loved ones’ income, household services, companionship and love. Our experienced personal injury attorneys also help the loved ones of lost pedestrians recover compensation for their loved ones’ medical bills, pain, suffering, funeral costs and burial costs.
How Long You Have to File a Pedestrian Accident Lawsuit in California
You could file a lawsuit following a pedestrian accident in Bakersfield, but that opportunity will not last forever. Your options are limited by something known as the statute of limitations.
The statute of limitations applies to every civil lawsuit filed in California. Should you file your lawsuit after the deadline expires, the court will likely have little recourse but to dismiss your case forever. In that situation, you would also be unable to settle with the negligent driver that injured you.
Most of the time, the deadline for filing a pedestrian accident lawsuit in Bakersfield is two years from the accident date under CCP § 335.1. While some exceptions can apply to this two-year period, never assume they apply to your case. Your pedestrian accident attorneys could keep track of the statutory period to ensure you file on time.
Do Pedestrians Always Have Right-of-Way in Bakersfield, California?
Pedestrians always having the right-of-way is a common myth. However, most accidents between pedestrians and motor vehicles occur when the pedestrian has the right to proceed. It is worth understanding this distinction, as being hit by a car does not guarantee that you will have a viable compensation claim.
In California, the law explicitly gives pedestrians the right-of-way in two situations. These include when a pedestrian is in a marked crosswalk or an unmarked crosswalk at an intersection. Even then, a pedestrian could share in the fault of a collision. This is because pedestrians also have duties regarding crossing the road. VEH § 21950 prevents pedestrians from:
- Suddenly stepping off the curb
- Walking in the path of a vehicle in a way that creates an immediate hazard, or
- Unnecessarily stopping in a crosswalk
Whether or not you are partially to blame for the accident could impact your financial recovery. An attorney could evaluate all of the facts of the case to determine if you share in any fault.
How do Pedestrian Accidents Happen in Bakersfield, California?
Pedestrian accidents happen for many reasons. While these accidents can occur at any place where cars and pedestrians cross paths, some circumstances are more likely than others to result in a collision.
According to the National Safety Council (NSC), pedestrian accidents primarily occur at night and in urban settings. More than 75 percent of all fatal pedestrian accidents occur on the open road. Less than a quarter of these accidents happen within the boundaries of an intersection. These accidents are most common at night time during the weekend.
Regardless of when these accidents occur, the cause of a pedestrian accident is typically related to negligence. Careless motorists often fail to yield in crosswalks or do not keep an eye out for pedestrians crossing their path. When negligence is to blame, our firm could hold the motorist accountable for an accident.
Do I Need To See A Doctor If I Don’t Think I’ve Been Injured In A Pedestrian Accident?
You should be evaluated by a medical professional right away if you have been involved in a pedestrian accident in Bakersfield, even if you do not think that you have been injured. It is very common for accident victims such as pedestrian accident victims to not actually realize that they have been injured after an accident due to adrenaline and endorphins. However, many times these people who don’t think they’ve been injured have actually suffered injuries, sometimes injuries which can be long-term or permanent injuries.
The problem is, it is much easier to prove that your injuries were caused by your pedestrian accident if you seek medical attention right away after your accident. If you wait too long to receive medical attention after your accident, though, and only then does your doctor discover the injury you didn’t know you had, an insurance company can claim that you cannot prove that the injury was caused by your accident since so much time has passed that your injury could have been easily caused by something else. If this happens, the insurance company will refuse to compensate you for your injuries, and proving that your injuries were caused by your accident in order to force them to compensate you will be very difficult.
Therefore, it is vital to seek prompt medical attention after a pedestrian accident, even if you do not think that you have been injured.
Can I File A Pedestrian Accident Claim If I Was Jaywalking?
Yes. California is a comparative negligence state. That means that multiple parties can be assigned percentages of fault in an accident. If you are found 40 percent at fault for a pedestrian accident because you were jaywalking, and the driver who struck you is found 60 percent at fault, then the damages you are eligible to recover are reduced by 40 percent, your share of fault. Call us today for a free consultation if you have been hurt in a pedestrian accident which was partially your fault, as we have tremendous experience in reducing the share of fault attributed to our clients.
Do I Need A Pedestrian Accident Attorney To Handle My Personal Injury Claim?
If you’ve been injured in a Bakersfield pedestrian accident, you don’t technically need a lawyer. However, it is very important for you to hire a lawyer for two reasons:
- You will be able to recover more money, even after lawyer fees are taken into account, if you hire a lawyer
- It is unwise and dangerous for you to talk with the at-fault party’s insurance company
Injury Victims Who Hire Lawyers Recover More Money
Studies show that victims of personal injuries who hire lawyers recover way more money for their injuries than those who don’t hire lawyers – even after considering attorney fees. The reason why is that the primary source of recovery in a typical personal injury claim is an insurance company, and insurance companies simply don’t respect injury victims who don’t have lawyers.
Under California Civil Code 1714, if somebody injures someone else by being negligent, the negligent party is financially liable for any injuries caused by their negligence. What this means, in practice, is if you’re a pedestrian who is struck by a vehicle in Bakersfield and the accident is the driver’s fault, the driver’s insurance company is obligated to completely compensate you for your injuries up to the policy limits.
However, the insurance company does not actually have to honor this legal obligation unless you make them honor it. The only way you can make them honor it is through the civil court system – by threatening to sue them, and by suing them if the threat doesn’t work.
Insurance companies know all too well that you cannot sue them and win without a lawyer. So, if you don’t have a lawyer, you can’t make them pay you what you’re entitled to. If you don’t have a lawyer, they’re going to dare you to sue them by offering you a very small percentage of what you actually deserve. They’re going to pressure you to accept this offer, and quickly, as many injury victims are desperate enough to do exactly that, since they’re facing huge medical bills and unable to pay them since they’re hurt too badly to work.
Don’t let the insurance company get away with ripping you off. Call us today for a free consultation instead. When the insurance company sees a letter of representation from us, they’ll know you can sue them and win. They’ll know you can force them to pay you what you are entitled to. Virtually every single one of our pedestrian accident cases ends up settling out of court for a fair amount because insurance companies know about Nadrich & Cohen’s reputation for success. Calling us today is the best way to make sure you recover as much money as possible for your injuries.
Don’t Talk To The At-Fault Party’s Insurance Company
The absolute worst thing you can do after being injured in a pedestrian accident in Bakersfield is to talk to the at-fault party’s insurance company. It is very easy to say the wrong thing to an insurance adjuster, and once you say the wrong thing your claim’s value instantly plummets.
In addition, the insurance company is going to record anything you say to them, and their adjusters are literally trained to trick you into saying the wrong thing. They’re trained to manipulate you into admitting fault for your accident. They’re trained to trick you into saying something implying your injuries aren’t as bad as you say they are.
It is dangerous for you to talk to the at-fault party’s insurance company after an accident – don’t do it! Instead, call us today for a free case evaluation so we can talk with the insurance companies for you. We’ve been dealing with insurance companies for over three decades so we won’t fall for their tricks.
A Pedestrian Accident Attorney Can Help You Recover Compensation In Bakersfield
You could have the right to pursue a personal injury claim or civil lawsuit if you were struck by a car while traveling on foot. If you were not at fault, it is only fair that you recover compensation from the negligent party.
The team at Nadrich & Cohen is ready to fight for fair compensation for your pedestrian injuries. If you are ready to learn more about how a pedestrian accident lawyer taking cases in Bakersfield could help, call a pedestrian accident attorney at Nadrich & Cohen today for a free consultation.