Laguna Niguel Pedestrian Accident Lawyer

Even those of us who drive everywhere will, at times, be a pedestrian. Sadly, pedestrian accidents have been increasing in recent years. Sharing the road with large vehicles is risky for individuals traveling on foot, even if you are just crossing the street.

Anyone who suffered injuries in a pedestrian accident might be able to recover damages from the driver who caused them harm if they work with a seasoned personal injury attorney. To learn more about your rights following an incident like this, contact a Laguna Niguel pedestrian accident lawyer for legal counsel.

Proving Negligence After a Pedestrian Crash

When an injured pedestrian chooses to pursue legal action against a driver, they will need to demonstrate that the driver’s actions were negligent. To succeed in a negligence claim, the person must show that the driver owed them a duty of care, breached that duty, caused their injuries, and that the injury led to damages. In the case of pedestrian crashes, drivers owe a duty to behave cautiously behind the wheel, and they owe that duty to every other road user.

A breach of duty means the driver failed to behave as a reasonably prudent driver would in the same circumstances. The injuries that the pedestrian cites must have been caused directly by the driver’s actions in order to succeed in their claim. Finally, the plaintiff will need to show damages, such as pain and suffering, as well as medical bills related to the accident.

Sometimes proving negligence might involve illustrating that a driver violated a traffic law. At other times, the driver might not have been focused on the road and failed to notice the person walking nearby. Each case is different, so claimants should speak to a Laguna Niguel pedestrian accident attorney to determine the best strategy.

Comparative Negligence in Laguna Niguel

Sometimes, an accident involves both a negligent driver and a negligent pedestrian. For instance, if a driver is not paying attention to the road but a pedestrian crosses in the middle of the street outside of a crosswalk, the court might find that the parties share liability. States differ when it comes to comparing levels of negligence between a plaintiff and a defendant.

In California, courts practice pure comparative negligence. This means that if a person is partly responsible for their own injuries, the court will reduce their final damages to reflect their share of liability, even if the pedestrian holds a greater percentage of blame than the driver.

For example, if a driver is only 25 percent at fault for a crash that caused $100,000 in damages, while the pedestrian is 75 percent at fault, then the plaintiff could recover 25 percent of their damages for $25,000. Those who are injured in an accident should speak to a Laguna Niguel pedestrian crash attorney about how this policy might impact their claim.

Damages Available in Pedestrian Crashes

Damages are monetary compensation that a plaintiff hopes to recover from the person who caused their injuries. The law allows for several types of damages, including compensation for:

  • Medical expenses
  • Surgery costs
  • Future medical care
  • Lost wages
  • Lowered earning capacity and future lost wages
  • Pain and suffering
  • Disfigurement

The categories available in any given case will vary depending on the injuries involved. State law will also permit an injured pedestrian to recover punitive damages when the driver behaved egregiously or intentionally.

Work with a Laguna Niguel Pedestrian Accident Attorney to Recover Compensation

If you were struck by a vehicle while walking or jogging out in public, you should consider filing a claim to recover damages. The compensation you might secure can help cover medical costs and other economic losses related to the accident. Call a Laguna Niguel pedestrian accident lawyer for more information on how the legal process works.