Things to know after a pedestrian auto accident

Accidents occur on a daily basis. If you are a pedestrian involved in an accident that was not your fault, you may qualify for compensation.

Before filing a claim, it may be helpful to ensure you understand the process. There are a few things to know about the personal injury filing process in relation to a pedestrian-auto accident.

Medical treatment

It is important that all parties in an accident seek medical attention. Even if there does not appear to be any damage, individuals may suffer injuries internally. Also, getting treatment helps to create a paper trail, which may be beneficial during the case. Individuals are responsible for all medical costs until a claim decision proves otherwise.

Proving negligence

As with any personal injury case, the accusing party has the burden of proving the other party was negligent. To prove this in an auto accident case, there are a few key aspects the accuser must show:

  • The driver had a duty to drive safely
  • The driver breached the duty by not driving safely or following traffic laws
  • The unsafe actions caused the accident
  • The accuser sustained injury due to the driver's actions

It is important to understand that California has a shared fault law, so if the court finds you guilty of any negligence, it may decrease your claim by the percentage amount of the fault that is yours.

Case value

The value of a case can vary. Medical bills, lost wages and future earning capacity are all calculable aspects that individuals may include in their claims. Pain and suffering is also a justifiable claim; however, determining this amount and proving the right to it may not be as easy as the other damage claim options. For that reason, it is important that individuals collect and present as much evidence as possible to support their claims.

If you are looking to file a claim, make sure you understand the different aspects of the case. Take your time to review the laws to choose the best path for you.

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David G. Smith, Attorney At Law
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Penthouse 1
Oakland, CA 94612

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