Why Our Victorville Law Firm is the Best Option

At Rockview Accident Lawyers, we believe it is important to be the voice of the injured. Serious injuries like traumatic brain injuries can impact a victim’s life for years to come. Some may never even fully recover. This is why we fight to obtain maximum compensation in every case we take on. We believe it is the victim’s only chance for closure after a devastating accident that was not their fault.

In addition to representing victims of pedestrian accidents, we also represent those injured in car accidents, as well as other personal injury claims. We maintain a 99% success rate across all cases.

The Benefits of Hiring a Lawyer for Pedestrian Accidents 

Contrary to popular belief, hiring a Victorville personal injury lawyer doesn’t cost you a dime upfront. This is because most personal injury attorneys accept cases on a contingency fee, meaning they do not get paid unless they win your case. In addition to no upfront legal fees, here are a few other reasons why you should consider hiring an experienced lawyer to represent you: 

• Understand your legal rights: Many pedestrian accident victims are unsure of their rights following an accident. A lawyer can inform you regarding your legal options, as well as protect you from accepting a lowball offer from the insurance company. 
• Investigate the accident:  A lawyer can conduct a thorough investigation of the accident scene, the vehicle involved, the driver’s records, the witnesses’ statements, the police reports, and any other relevant information.
• Assess your damages: After an accident, you are likely to face financial hardship with medical bills, lost income from work, and more. A lawyer can help you calculate and determine the dollar amount of your losses. 
• Negotiate with the insurance company: A lawyer can use their skills and experience to negotiate a fair and reasonable settlement for your claim. A lawyer can also handle any disputes or challenges that may arise during the negotiation process.
• File lawsuit if necessary: If for some reason the insurance company denies your claim or offers you an insufficient settlement, we will prepare your case for trial and represent you in court. 

Lastly, a lawyer will help you keep your case on track. Personal injury victims have two years from the date of their accident to file a claim under California’s personal injury law. 

Main Causes of Pedestrian Accidents in California

Pedestrian accidents in California can have various causes, but some of the most common ones are related to driver negligence or recklessness. Some of the main causes of pedestrian accident cases in California are:

Speeding

Speeding can reduce a driver’s reaction time, increase the stopping distance, and increase the impact force of a collision.  Speeding can also make it harder for a driver to see and avoid pedestrians, especially at night or in bad weather.

Driving Under the Influence

Alcohol or other substances affect a driver’s judgment, coordination, reaction time, and perception. Drunk driving can cause a driver to swerve, drift, weave, speed, run red lights, or fail to notice pedestrians. 

Distracted Driving

Cell phone use, eating, drinking, adjusting the radio, and talking to passengers are some of the most common distracted behaviors that can cause a serious accident with a pedestrian. 

Failure to Yield Right of Way

Pedestrians have the right of way when crossing at a marked or unmarked crosswalk. If a driver does not stop or slow down, they may collide with the pedestrian and cause serious harm. 

Poor Visibility

Pedestrian crashes are more likely to occur at night or in bad weather conditions when visibility is poor. Pedestrians should take extra precautions to dress in white or reflective clothing. 

Pedestrian Error

Pedestrians who jaywalk, do not pay attention to their surroundings, or otherwise behave in a negligent manner may put themselves in danger and cause pedestrian injuries. 

Who Is Liable In a Pedestrian Accident?

The motorist is usually liable for a pedestrian accident. This is because they have a duty of care to pedestrians to drive safely and avoid hitting them. However, there are some cases where the pedestrian may be partially liable for the accident if they acted negligently when crossing the street. 

In California, the law of negligence is based on the following four elements:

• • Duty of care: The driver had a legal obligation to drive safely and avoid hitting pedestrians.
  • Breach of duty: The driver failed to meet their duty of care by driving recklessly, speeding, or being distracted.
  • Causation: The driver’s breach of duty was the cause of the accident.
  • Damages: The pedestrian suffered damages as a result of the accident, such as medical bills, lost wages, and pain and suffering.

California follows a pure comparative negligence rule. That means you can collect a portion of your damages in an accident, even if you are partially at fault for the collision. However, your compensation will be reduced by your percentage of fault. For example, if you were 30% at fault for the accident, you can only recover 70% of your damages. A pedestrian accident attorney in Victorville can go into more detail with you in a free case evaluation. 

Common Pedestrian Accident Injuries

Pedestrians are the most vulnerable road users. They lack any kind of protection on the road, which means they suffer the most severe injuries. 

• • • • Cuts, bruises and scrapes: These are minor injuries that can heal with proper care and treatment. However, they can also lead to infections or scarring if not cleaned and bandaged properly.
      • Internal injuries: Internal injuries can occur in pedestrian accidents when the force of the impact causes organs to rupture or bleed. These injuries can be life-threatening.
      • Broken bones: Bone fractures are another common type of injury that seem minor, but can put a victim out of work for an extended time. These injuries can occur in any part of the body, but the most common are fractures to the legs, arms, and ribs.
      • Head injuries: Head injuries are the most common type of injury in pedestrian accidents. These injuries can range from mild concussions to skull fractures to severe traumatic brain injuries.
      • Spinal cord injuries: This is a devastating injury that occurs when the spinal cord is damaged by a direct blow or compression. Spinal cord injury can cause partial or complete paralysis of the body below the level of injury. 
      • Amputation: Amputation is a catastrophic injury that can cause severe bleeding, shock, infection, and psychological trauma. Amputation may require prosthetic devices and rehabilitation to restore function and mobility. 
      • Dental and face injuries: Pedestrians hit by a car may suffer from chipped or broken teeth as well as facial injuries. 
      • Eye injuries: Fragments from the vehicle may scratch the eye or cause more severe vision problems. 
      • Wrongful death: A pedestrian may suffer from fatal injuries. In this tragic event, the surviving family members may file a wrongful death lawsuit. 

What to Do After a Pedestrian Accident in Victorville, CA

If you are involved in a pedestrian accident in Victorville, CA, there are a few things you should do:

• • 1. Call the police: This is the most important thing you can do. Even if you don’t think anyone is seriously injured, it’s always best to err on the side of caution and call for help. A police report will be created, which will be a critical piece of evidence in your case. 
    2. Get the other driver’s info: Take note of contact information, insurance, and the license plate number from all parties involved. Also, get the names and contact details of any witnesses who saw the accident. 
    3. Document your injuries: Take photos of your injuries,  the accident scene, and any other evidence that may be relevant to your case. 
    4. Seek medical attention: Even if you feel fine, you should get checked by a doctor as soon as possible. Some injuries may not show symptoms right away, but they can worsen over time. A medical evaluation will also help establish the extent and severity of your injuries.
    5. Reach out to a Victorville personal injury lawyer: If you have been injured in a pedestrian accident, you should contact a personal injury attorney as soon as possible. An experienced attorney can help you understand your legal rights and options, and can represent you in a claim or lawsuit.