Many people feel that if they are outside a crosswalk and struck by a motor vehicle, then they are automatically at fault and cannot recover compensation for their injuries. This is not true.
Even if you were injured while jaywalking or jogging at night, you may be entitled to compensation for medical treatment, lost wages or other expenses. You can also still pursue a wrongful death lawsuit if a loved one dies as a result of a jaywalking accident in San Mateo. California is a pure comparative fault state, which means that you can obtain compensation as long as a percentage of blame can be assigned to the driver.
At Galine, Frye, Fitting & Frangos, our San Mateo jaywalking accident attorneys know how to uncover all the facts related to these types of pedestrian accidents. There is often more to these situations than meets the eye. If you have questions about your rights and options, we urge you to contact us today by calling (650) 345-8484 or e-mailing us so one of our thorough attorneys can assess your situation during a free consultation.
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When you cross the street and an automobile strikes you, the driver or their insurance company may blame you and claim that you must pay for your medical bills and any associated expenses.
The costs from an injury can add up quickly, from emergency medical bills to ongoing treatment, medication, rehabilitation, and also the value of income lost because of the injury and disability that might follow.
Drivers have a legal duty to stay alert and keep an eye out for pedestrians crossing the street, as they must maintain attention and engage in responsible and sober driving at all times while following the rules of the road. Just because someone is not in a crosswalk does not mean a driver can simply plow into them with their car.
Too often, drivers engage in activities that make them miss someone crossing the street and cause jaywalking accidents and serious injuries to pedestrians. An experienced pedestrian accident lawyer is standing by to answer any questions you might have and, if you have a valid claim, stand up for your right to compensation for your injuries—even if you were jaywalking at the time.
When operating a motor vehicle that can travel at high speeds and weighs thousands of pounds, drivers must maintain sobriety and pay attention to the road. When drivers are not paying attention to the road and cause an accident, they are liable for the damages they cause.
Distracted driving includes engaging in any activity while driving that takes the driver’s attention away from the road, including talking or texting while driving, using the radio while driving, chatting with a passenger, or any other activity that takes the driver’s attention away from the road.
A driver is not paying attention when experiencing mental, visual, or manual impairment or some combination of the three.
- Mental impairment is when the driver is not paying attention to the road, whether due to their being distracted by something else or unable to pay attention due to intoxication.
- Manual impairment is when the driver’s hands and feet cannot properly operate the vehicle, which makes them unable to drive safely, leading to accidents.
- Visual impairment is not having your eyes on the road.
The risks of distracted driving are real, as distracted driving caused 2,841 deaths in just one year. When a driver does not pay attention and they hit a pedestrian, even if the pedestrian was jaywalking, the driver still violated their duty and the pedestrian can hold the driver liable for damages.
When a foreign object strikes the head, hits the ground due to a fall, or experiences a penetrating wound like a gunshot, the person has experienced a traumatic brain injury or TBI.
A common injury to persons in car crashes, people who fall, or other types of collisions is a traumatic brain injury or TBI. When a person’s head suffers a blow or penetrating wound, the brain tissue inside can sustain damage, which can lead to the development of symptoms ranging from a headache to disabilities to death.
Traumatic brain injury, even when diagnosed as mild, can lead to deficits in a person’s ability to concentrate and even personality changes. This can impact the injured person’s personal and professional life, limiting their ability to enjoy life and also earn a living to support themselves.
If you or a loved one suffered a brain injury in a jaywalking accident, you might seek significant damages from liable parties to cover the associated medical bills, treatment, and medication costs, as well as lost wages and earnings ability because of brain injury and its lasting effects.
Neck, Back, and Soft Tissue Damage is Common for Pedestrians Hit by Cars
A heavy motor vehicle that hits a pedestrian may damage the body’s soft tissues and bones. Neck, back, and soft tissue damage are very common injuries that result from accidents between motor vehicles and pedestrians if the pedestrian is lucky enough to survive the accident.
Neck and back injuries can have long-term implications for your health and ability to work and can worsen with time due to increased nerve damage and other factors. You must seek immediate emergency medical care to ensure that no nerve damage has numbed you to the severity of an injury.
After emergency care, you should always follow all treatment recommendations – both for your health and your injury claim. You also want to understand the long-term health effects you will experience and the effects on your working ability before you accept a settlement and sign away your rights.
The insurance companies present settlement offers quickly in the hope that you take less than what you deserve, which allows them to make more of a profit. The settlement might leave you footing the bill for future costs out-of-pocket, and you will lose the right to seek additional recourse.
Your pedestrian accident attorney will ensure that they accurately calculate your damages, including both past and future losses, so you collect the full amount you need for financial recovery.
Pedestrian accidents do not just happen in urban settings during rush hour. They can happen on neighborhood streets and small roads. Drivers are sometimes distracted and fail to see someone checking his or her mailbox or walking a dog. We will investigate every detail of your accident as soon as we begin working on your case. Our goal is to preserve vital evidence that can help prove liability.
Additionally, we hire accident reconstruction experts to help show a motorist had plenty of opportunity to see the victim or what other factors may have contributed to an accident, such as poor lighting or road signs. We also use these professionals to testify at trial, if litigation becomes necessary.
We will handle all of the insurance issues relevant to your claim, including dealing with your own insurance carrier. Our firm is composed of compassionate advocates who stand ready to tirelessly work on your behalf.
If a loved one died in a jaywalking accident, you can bring a wrongful death lawsuit against any negligent drivers or parties. The surviving close family members, including a spouse, children, or parents, of a person lost in an accident, are the ones who have the right to bring a wrongful death lawsuit. Damages can include compensation for the loss of the financial contribution of the loved one, their emotional contribution to the household, and in some circumstances, damages for the pain and suffering they experienced.
Whether you suffered injuries in a jaywalking accident or lost a close family member, connect with your local pedestrian accident attorney to discuss your situation and what options might be available.
Call us anytime at (650) 345-8484 or contact our pedestrian accident lawyers online to arrange a free initial consultation. Our experienced San Mateo pedestrian accident attorneys are here to help people throughout San Mateo County and the entire San Francisco Bay Area.