Ventura Pedestrian Accident Lawyer
When drivers carelessly speed through city streets and coastal highways, they disregard the safety of pedestrians along the side of the road. Many areas in town in Ventura have sidewalks, but many of the surrounding areas, especially near the beaches, often have nowhere for pedestrians to walk except the side of the road.
If you or a member of your family was hit by a car in Ventura or the surrounding areas, contact the Law Offices of Bamieh and De Smeth today. Our Ventura pedestrian accident attorneys may be able to help you seek financial compensation for the injuries you faced. Call our law offices today to set up a free legal consultation with our experienced personal injury lawyers. Our number is (805) 585-5056.
Suing After Being Hit by a Car in California
If you are hit by a car while walking on foot, it is likely that the driver is responsible for the crash. Because drivers must yield to pedestrians in crosswalks and cannot legally leave the road and drive up on the curb, sidewalk, or shoulder, drivers are usually at fault for hitting a pedestrian with their car, and victims may be able to take them to court to seek financial compensation.
Whenever you are injured because of another person’s negligent acts, you may be able to file a civil lawsuit against them. This lawsuit typically alleges that the responsible party failed to use the proper care or skill required of them in the situation and that their errors led to your injuries. In cases of pedestrian car accidents, this means accusing the driver of violating driving laws or common-sense safety rules that led to them hitting you and injuring you.
In many cases, the driver will try to negate their fault in the matter by claiming that you jumped out into the street or that you crossed against a red light or a “do not walk” signal. In any lawsuit, the jury (or judge if there is no jury) is responsible for listening to the facts of the case and determining what truly happened and who is at fault. In California, this fault assessment means assigning partial blame to each party involved. As long as the jury believes that your injuries truly did occur and the driver was at least partly responsible, they should rule in your favor. If the jury does find you partly liable, this may reduce your overall damages but should not block your case or lead the driver to win the lawsuit.
In many cases, the driver’s auto insurance or another insurance policy (such as your homeowners’ insurance) may be able to pay for a portion of the damages you faced. However, filing a lawsuit in court often opens additional damages you would not receive through insurance, such as pain and suffering damages.
Calculating Damages in a Pedestrian Car Accident in California
Judging the value of your case typically means looking at the harms you faced as a consequence of the accident. The primary purpose of any personal injury lawsuit, including pedestrian accident lawsuits, is to compensate the victim for the financial and physical harms they suffered. Our attorneys can help guide you through the process of calculating damages in your case and finding what your case should be worth.
The first set of damages you typically face is known as “economic” damages. These damages can reimburse you for any financial harms you faced because of the accident, including the cost of medical bills from your injuries, the wages you missed if you were too injured to go to work, and the cost of paying for transportation, child care, and other expenses you faced because you were injured. This does not cover the cost of expenses you would normally pay anyway, such as the cost of your daily medication or groceries, but any expenses you faced because of the accident should be compensated.
In addition, you may be entitled to “non-economic” damages. These damages cover the intangible harms that you faced but cannot put a clear price tag on. Wrongs like the physical pain and mental suffering you faced, as well as any other emotional distress or anguish from the accident, should be compensated as non-economic damages. Additionally, if the actor was incredibly negligent or this accident was part of a pattern or repeat problem, the court may order them to pay you additional “punitive” damages to punish them for the harm they caused you.
Talk to a lawyer about what damages you may be entitled to in your case. If you are suing for the death of a loved one after a pedestrian car accident, you might be entitled to substantial compensation for your loss.
Call Our Ventura, CA Pedestrian Car Accident Lawyers Today for a Free Legal Consultation
If you or someone you love was seriously injured after being hit by a car in Ventura or any of the surrounding areas, contact our Ventura pedestrian accident lawyers today at the Law Offices of Bamieh and De Smeth. Our attorneys fight to get you and your family the compensation you need to deal with the injuries you faced and to hold the negligent driver accountable. To schedule a free legal consultation on your case, call us today at (805) 585-5056.