Irvine Pedestrian Accident Lawyer

When a pedestrian is injured by a motor vehicle, those injuries can be much more serious because the pedestrian is not in a vehicle and has no protection at the time of the collision. The injuries of the pedestrian can therefore be extremely serious, including orthopedic injuries, head injuries, such as concussions and traumatic brain injuries. As a result, it is extremely important that if you are involved in a pedestrian accident you consult with a medical professional and then call an Irvine pedestrian accident lawyer to go over your case.

An injury attorney in Irvine will be able to look at the facts of what transpired, and then discuss the individual injuries that you have suffered and the medical treatment that you have already obtained. Through this process, your case can be fully analyzed for a liability and damages standpoint and moved toward recovering damages for your accident.

Building a Pedestrian Accident Case

The initial investigation in a pedestrian accident involves obtaining all of the facts of the incident. This includes investigating the dynamics of the crash and where the motor vehicle hit the pedestrian. If the police investigated the incident, then the police report must be obtained and reviewed carefully by a pedestrian accident lawyer in Irvine to make sure that the facts are correct. The particular location where the incident occurred is important, as well as factors such as the weather at the time of the incident, the lighting, and whether the pedestrian was then thrown a number of feet by the impact, or whether the vehicle also struck another vehicle or a guardrail. All of these factors are extremely important in analyzing the liability of the negligent driver, as well as the specific damages of the injured pedestrian.

Additionally, the type of injuries that the pedestrian has sustained can indicate how they were struck by the motor vehicle driven by the negligent driver.

Comparative Fault

One of the biggest factors that comes into play in pedestrian accident cases is the liability aspect of a pedestrian who is injured by a motor vehicle and the pedestrian’s location at the time that they were hit. It makes a difference whether the pedestrian was properly walking on a sidewalk or in a crosswalk and will determine the fault of the negligent driver who hit the pedestrian.

The insurance company or opposing attorney will look for facts indicating that the pedestrian was not walking in a proper location, and will attempt to argue comparative fault on the plaintiff pedestrian. This means that if the pedestrian was walking on a roadway where they should not be walking, they may be partially responsible for their own injuries. This does not mean that the injured pedestrian does not have a case, but it does mean that the case may require stronger advocacy on behalf of the injured party. The experienced Irvine pedestrian accident attorney must therefore take comparative fault into consideration when representing the injured pedestrian’s best interest.

Other factors in a pedestrian accident could include whether the defendant driver was distracted, either by talking on a cellphone or driving under the influence of drugs or alcohol.

Role of a Pedestrian Accident Lawyer

Representing an injured pedestrian must include a complete analysis of the individual’s damages. In this context, damages mean the particular injuries and categories of compensation that the injured pedestrian can claim. This would include the nature and extent of the injuries, the medical bills incurred for medical treatment, and loss of earnings for time off work. All of these particular damages need to be specifically reviewed by an Irvine pedestrian accident lawyer because each case has its own unique damages.

Hiring Legal Representation

A potential client should always ask the attorney their level of experience regarding representing injured pedestrians. The experienced personal injury attorney who has previously represented injured pedestrians will know all of the factors needed to be analyzed. An experienced lawyer would also be able to explain to the client the issue of liability or responsibility of the negligent defendant, as well as the nature of their damages. Experience is essential in obtaining the best possible compensation for the injured pedestrian.