Maison Law Accident and Injury Lawyers of Fremont helps injured pedestrians in the city. Crosswalks are common places for accidents, often because drivers and others aren’t paying attention. Whatever the cause of your accident, our experienced team is here to help. Contact us today for a free consultation to learn more.
Should You Get a Lawyer?
You might not expect to be hurt in an accident at a Fremont crosswalk, but as a pedestrian, the reality is that your injuries are likely to be pretty serious in this situation. While you aren’t legally required to get a lawyer, getting one can be hugely beneficial for you. Our team understands what you’re going through, and can help you by:
- Explaining your options
- Helping you figure out what happened and who’s at-fault
- Gathering evidence and medical records
- Negotiating with insurance companies
- Filing a lawsuit, if need be
Understanding these accidents is very important for how you move forward. But most of all, you need to worry about your health and family. Getting a lawyer takes the burden of the legal process off your shoulders, and allows you to focus on what’s important.
Who’s Responsible When There’s a Pedestrian Accident at a Crosswalk?
You might think that being at a crosswalk in Fremont keeps you safe, and usually you’d be right. In fact, the design of crosswalks and intersections in the city are done with pedestrian safety in mind. Unfortunately, though, this doesn’t mean accidents won’t happen. So, when you’re hurt in one, you have the right to file a claim for damages. The key question is: who is responsible for paying for those damages? Like any injury case, it all comes down to negligence–the failure to take reasonable care to prevent harm.
In a pedestrian accident, responsibility typically falls on whoever:
- Failed to take proper actions to ensure your safety as a pedestrian.
Most of the time, liability falls on the driver that hits you, but in certain cases, other parties could share responsibility, including:
- Drivers not directly involved in the crash
- Local or state government
- Other pedestrians
- Construction crews or companies
- Vehicle or parts manufacturers
In rare situations, you yourself might share some of the responsibility for the accident. This could happen if you:
- Crossed the street in an unsafe location
- Ignored traffic signals
- Darted out into the street
Even if you are partly at fault, California’s comparative negligence law allows you to still file a claim. However, your potential damages would be reduced based on how much fault you share. That’s why it’s important to take the right steps after the accident to protect your claim.
How Can You Protect Your Claim as a Pedestrian?
Obviously, you don’t want to be injured when you’re a pedestrian–whether it happens at a crosswalk or anywhere else on the street in Fremont. This is because it involves you getting hit by a moving vehicle, which as you can imagine, is going to cause pretty serious damage. But for as unappealing as this situation is, there are things you can do to protect a potential claim when one happens:
- Call 911 – Immediately call 911 for medical help, even if you think your injuries are minor. Some injuries might not develop right away. The call will also alert the police and have them respond to the scene.
- Report the accident to police – During the 911 call, be sure to have the dispatcher report the accident to the Fremont police. When they get to the scene, they’ll create an official report, which is important for your insurance claim.
- Exchange information – Share your contact and insurance details with the driver involved, and collect the same from them. Get the contact information of any witnesses as well.
- Get visual evidence – Use your phone (if it works) to take pictures and videos of the scene. Include damage to the vehicles, any injuries, and the road conditions.
- Be careful – Be careful about what you say about the accident. Don’t admit fault or make statements that could hurt your case to the police or insurance companies.
- Track the accident’s impact – Keep track of how the accident affects your daily life, like missed work or emotional challenges. Follow your doctor’s recovery plan to show your commitment to healing.
Accidents in this situation are clearly pretty difficult, but your health and safety are the most important. Following the above steps, though, will help with both your recovery and building a strong case for damages.
What Legal Options Do You Have After a Pedestrian Accident?
Being hurt as a pedestrian is far from ideal, but once it happens, you have to think about your legal options. Mainly, you get to file an injury claim. Normally, you do this by:
- Filing an insurance claim outside of court.
- Filing a personal injury lawsuit in court.
The goal of your claim is to recover damages–losses caused by the accident. These damages include both physical injuries and the broader impact the accident has had on your life. Here’s what you may be able to recover:
- Medical expenses – This covers current and future medical costs, including hospital bills, doctor visits, medications, therapy, and rehabilitation.
- Lost wages – This is for income lost due to recovery time and potential future earnings if your injuries affect your ability to work.
- Pain and suffering – These costs relate to the physical pain and discomfort caused by the accident, including long-term effects like chronic pain.
- Emotional distress – This covers the psychological toll of the accident, such as anxiety, trauma, and therapy costs.
- Reduced quality of life – This covers the impact on your daily life, such as losing the ability to enjoy activities you once loved or changes to relationships with loved ones.
Every crosswalk accident in Fremont is unique, but many share common risks. Drivers may speed, become distracted, or fail to yield, putting pedestrians in harm’s way. Poor visibility at night, bad weather, or poorly designed intersections can also increase the likelihood of accidents. While the claims process can vary, most cases allow you to recover damages for your losses. Keep in mind that California’s statute of limitations gives you only two years from the accident date to file your claim. Injuries make everything harder, but our team will be there to guide and support you.
Count on Maison Law Accident and Injury Lawyers After a Fremont Crosswalk Accident
A crosswalk accident in Fremont can leave you feeling overwhelmed and uncertain about what to do next. Dealing with injuries is never easy, but you don’t have to face the challenges alone. At Maison Law Accident and Injury Lawyers of Fremont, our experienced pedestrian accident lawyers are here to guide you every step of the way. We’ll work to protect your rights, help you through the claims process, and build a strong case to help you recover. Contact us today for a free consultation.