As a pedestrian, you’re as vulnerable as you possibly can be regarding motor vehicle accidents. If you’re injured in a pedestrian accident in California, you may be able to recover damages for your losses through a personal injury claim. While you can tackle this process on your own, you’d be setting yourself up for a lot of extra work. Especially when an Upland pedestrian accident lawyer from Belgum, Fry & Van Allen, is here and ready to help.
In a 2020 report, the National Highway Traffic Safety Administration estimated that an average of 17 pedestrians die every day across the country. In 2022, this increased to over 20 pedestrian fatalities daily on average. Overall, there were 1,158 pedestrian fatalities reported in California in 2022, and recent data shows that these types of fatalities seem to be on the rise across the state.
If you’re injured in a pedestrian accident, car accident, truck accident, or motorcycle accident due to the misconduct or fault of another person, you may have grounds to file a personal injury claim. Our team at Belgum, Fry & Van Allen is committed to helping pedestrian accident victims recover damages for their losses. In the case the victim passes away due to their injuries, we can help eligible parties file a wrongful death claim instead.
Our team at Belgum, Fry & Van Allen has experience handling all types of pedestrian accident cases, and we’re confident we can help you with yours.
In the past, we’ve helped clients with:
The aftermath of a pedestrian accident is bound to be chaotic and overwhelming, but it’s important to stay as calm as possible so you can gather important information and start building your case right away.
While you’re at the scene, take plenty of pictures and videos of the damage and talk to as many witnesses as possible. If you can, get their contact information, too. Be sure to exchange information with the driver or drivers involved and take down any information you think may be helpful. There’s no such thing as too much evidence when it comes to filing your claim.
It’s important to determine fault in an accident for multiple reasons. For starters, California is an at-fault state, which means you could be deemed responsible for all the damages in a pedestrian accident, even if you were the one who got hit. Moreover, California is a pure comparative fault state, which means all involved parties in an accident can seek to recover damages so long as they can prove the other party was at least partially at fault.
In the context of a pedestrian accident or bicycle accident, it means ensuring you were following all the laws when you were struck. If you were jaywalking across the street, for example, and you were hit by a vehicle that ran a red light, it is likely that you can be found partially at fault for the accident, effectively lowering the total settlement you could be awarded.
When it comes to determining fault, having a cohesive story backed by solid evidence can make all the difference. A pedestrian accident lawyer from Belgum, Fry & Van Allen can help you achieve this.
A: It’s difficult to say how long your pedestrian accident case could take because it’s so dependent on the specific details of each and every case. For instance, you can expect your case to go much faster if you are able to settle out of court through negotiations than if you have to go to trial. That said, even negotiations can take a while if the at-fault party’s insurance isn’t cooperative.
A: If you’re hit by a vehicle in California and can prove that the driver was at fault for the accident, you can expect their insurance to reach out to you to cover the damages. However, if the driver does not have insurance or does not have the proper coverage, your own insurance may handle the claim. For this reason, it’s important to have coverage for uninsured/underinsured motorists.
A: If you’re hit by a vehicle in Upland, it can be helpful to document the scene, exchange information, and give a statement, at the very least, before you leave the scene unless you are seriously injured. This gives you the most evidence when you file your claim.
If you leave without at least exchanging information with the other involved party, you run the risk of not being able to identify them when you go to file your claim.
A: It’s wise to contact an Upland pedestrian accident lawyer as soon as you possibly can after an accident. Your attorney can evaluate your case and identify areas for improvement as they develop a strategy for your claim, which can be especially helpful early on while it’s still possible to gather evidence with relative ease.
Being involved in a cycling accident can be frightening and overwhelming, but working with the right legal professional can make all the difference. The good news is we have years of experience navigating personal injury claims and wrongful death claims at Belgum, Fry & Van Allen. Call us to schedule your consultation with a pedestrian accident lawyer today.