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Dana Point Pedestrian Accident Lawyer
While a collision between two cars can have a devastating impact, the results are often severe and even life-threatening when a pedestrian is involved. The resounding physical, psychological, and financial stresses can be overwhelming and leave an injured person unsure of how to proceed.
However, if you were injured by a motor vehicle as a pedestrian, you have legal options and might benefit from speaking with a Dana Point pedestrian accident lawyer about how to proceed. If your injuries were caused by someone else’s careless or reckless behavior, a seasoned attorney could help you pursue compensation for your losses by building and filing a claim on your behalf, so that you may focus on your recovery.
Who Could an Accident Claim Be Brought Against?
California is considered a fault insurance state, which essentially means that individuals harmed in an auto accident of any kind may file a lawsuit requesting compensation for damages. Because drivers are required to have auto insurance in Dana Point, an injured pedestrian has three options regarding how to proceed with a claim: toward their own insurance company, against the at-fault driver’s insurance company, or against the at-fault driver themselves.
A Claim Based on Negligence
The most common type of claim that an individual could bring toward an at-fault driver or their insurance company is one based on negligence. Essentially, for a claim based on negligence to succeed, a plaintiff must demonstrate that:
- The defendant—or the allegedly at-fault party—had a duty to act reasonably toward others
- The at-fault party breached this duty of care
- This breach was the actual and foreseeable cause of a crash
- The plaintiff suffered damages as a result of this incident
For example, if a driver speeds through a red light and hits a pedestrian crossing the street—and thus causing the pedestrian to suffer injuries—this might be clear legal grounds for a claim based on negligence. For more complex cases, however, the specific laws governing negligence are nuanced and could be explained to an injured person seeking compensation by a Dana Point pedestrian accident attorney.
What is Negligence Per Se?
As an alternative to showing that a driver acted unreasonably, a plaintiff might instead argue that the defendant was violating a law and, in doing so, proximately caused the accident that injured them. There are numerous traffic laws designed specifically to protect other drivers and pedestrians, so if a driver violates a specific law and injures a pedestrian, a claim could be brought against them on the basis of negligence per se. For more information about negligence law, reach out to a knowledgeable lawyer today.
Recoverable Damages in Dana Point
Because accidents involving pedestrians can be severe, there are numerous damages that a claimant could request when seeking compensation. These claims typically center around quantifiable economic damages, such as lost wages due to missed time at work, medical bills, and associated care costs.
Additionally, non-economic damages may be sought to compensate an injured plaintiff’s emotional and physical losses, however. These might include loss of consortium, mental anguish, and pain and suffering.
However, it might be challenging for a claimant to figure out what exactly they should request for these predominantly subjective non-economic damages. A detail-oriented and compassionate Dana Point attorney could help an injured person seeking compensation for a pedestrian accident to fully assess their damages.
Call a Dana Point Pedestrian Accident Attorney for Help
If you or a loved one suffered harm after being struck by a motor vehicle, a skilled Dana Point pedestrian accident lawyer could help to explain your legal options. While California offers numerous options for injured pedestrians to receive compensation, it might be difficult to pursue a claim alone, especially if you are recovering from serious trauma.
By seeking the aid of a determined attorney, you could work to get the compensation you deserve. For more information about seeking the counsel of a legal professional or to schedule a consultation, call today.