Maison Law Accident and Injury Lawyers of Fremont represents the victims of pedestrian accidents. Our personal injury lawyers demand compensation for our clients after a careless driver’s mistake leaves them to deal with hospital bills and lost income. This support is definitely available to victims who were hit while walking at night when drivers should be even more focused on the road. We provide a free, no-obligation consultation for all local injury victims. Contact us to set up a confidential case review.
Should I Call a Lawyer After a Pedestrian Accident?
If you were struck by a car and somehow your injuries are very minor, you may not need the help of a lawyer. It’s when you suffer serious harm, like a broken arm or a brain injury, that you may need the protection of a Fremont Pedestrian Accident Lawyer. You may also need a lawyer if an insurance company tries to pin the blame for an accident fully or partially on you.
When medical bills start to build, auto insurance adjusters and corporate lawyers fight even harder to get out of having to provide support. They may convince you to sign off on a “lowball” settlement offer that doesn’t cover all of your recovery costs. Your Maison Law Accident and Injury Lawyers of Fremont attorney is a safeguard against this treatment. Your lawyer will submit all evidence to force insurers to accept 100% of the responsibility and pay the maximum compensation available.
Nighttime Pedestrian Accident Risks in Fremont
Pedestrians face plenty of dangerous encounters with cars as they walk Fremont. They can try to cross an intersection while on the way to work. They can also park and get out of their cars and face the risk of a collision in a parking lot.
Careless drivers are usually to blame for devastating accidents and their recklessness only increases at night. Lights are lacking along some streets, and at night, drivers sometimes get even more careless.
Drivers may allow themselves to become drowsy. They may be looking at a text on their lit cellphone screen, making it all the harder to peer through the darkness outside.
Sadly, the problem of pedestrians being struck after the sun goes down is a national problem. The Governors Highway Safety Association (GHSA) reported that in 2022, 77.1% of crashes occurred after dark. 3.3% of the nation’s pedestrian accidents occurred during dawn or dusk.
California’s transportation officials recorded at least 17 pedestrian accidents involving injuries taking place at night in Fremont in 2023. Those accidents led to at least 3 deaths. Those heartbreaking numbers have virtually been the same for two years now. In 2022, there were 16 serious pedestrian accidents reported, resulting in 3 fatalities.
Who Is Responsible for a Nighttime Pedestrian Accident in Fremont?
Motorists are required to show everyone on foot a legal “duty of care” to defenseless pedestrians. They must monitor both sides of the street for anyone on foot. They must slow down upon spotting someone in the road and be prepared to stop to avoid an impact.
This duty is required when pedestrians are in crosswalks and when they are crossing in other spots where there is no crosswalk. It’s why drivers can be liable for some or all of a pedestrian’s recovery costs, even if a pedestrian is assigned some fault in the accident.
A Pedestrian may be wearing dark clothes and on the street where there isn’t enough lighting. Someone on foot could be crossing at a dangerous and illegal spot in the road, outside a crosswalk. But these factors don’t excuse motorists for dangerous behavior. They may be speeding or distracted by a cellphone, making it impossible to show a duty of care towards vulnerable walkers.
Drivers can still be cited for a pedestrian collision and their insurance companies can still be financially responsible for the victim’s physical and financial recovery.
What If I Am Found Partially to Blame for My Pedestrian Accident at Night?
Drivers can still be found responsible for a big percentage of the physical damages caused in an accident, even if you are found partly to blame. Under California’s concept of “comparative negligence” parties involved in accidents can share blame.
For example, a pedestrian may be assigned 30% of the blame for being outside of a crosswalk and wearing dark clothing. However, the driver could also face some liability for speeding at the time or not making an effort to slam the brakes.
You could still seek settlement money to cover your medical costs. You could earn a settlement check, but it would be reduced by the 30% of the blame you were assigned in your accident.
But you can fight back if you are unfairly given too much blame in a collision. A skilled lawyer can help you collect evidence that clearly demonstrates the driver wasn’t paying enough attention to the road. Your lawyer would fight to get your percentage of blame as low as possible. And if you shouldn’t be shouldering any of the blame for the accident, your Maison Law Accident and Injury Lawyers of Fremont attorney makes sure your percentage is dropped to zero.
What Should a Pedestrian Accident Injury Settlement Check Cover?
The time it will take a pedestrian collision victim to fully heal will be a major factor in the size of a settlement check.
With a long-term injury or even a permanent physical disability, it’s critical that care extends for as long as necessary. A settlement must also help cover the surgeries and physical therapy that may be required in the future when an injury flares up.
Your Maison Law Accident and Injury Lawyers of Fremont make sure you and your family are covered for as long as necessary. Your lawyer will also seek support for factors you may not have realized could earn you additional compensation.
- Money to pay every hospital bill now and in the future
- A lifetime of support for a permanent physical disability
- Travel costs while going to hospital appointments
- Support for the physical pain victims endure
- Support for the emotional trauma victims must suffer through
- Past and future lost income and benefits while you miss work
- Estimates on lost earning capacity from a permanent disability
- Wrongful Death Benefits
Family members mourning the loss of a loved one due to a pedestrian accident can also seek support from at-fault parties. They should receive money to help with funeral costs and leftover medical fees. Close relatives should also get help facing the future when they are without the emotional and financial support the deceased can no longer provide.
A Fremont Wrongful Death Lawyer can file this claim on behalf of all eligible family members and make sure victims receive justice and support.
Contact a Fremont Pedestrian Accident Lawyer
California allows pedestrian accident victims and their families up to two years to file an accident claim. However, you shouldn’t delay in beginning your case. Evidence can disappear and witnesses can become hard to locate over months or years.
Contact Maison Law Accident and Injury Lawyers of Fremont to schedule a free, confidential consultation with an actual Fremont Pedestrian Accident Lawyer. We want to hear what happened to you. We’re going to answer your questions and make sure you are prepared for the insurance tactics you’ll face so you don’t forfeit valuable support. You’ll know what your injury is worth before an insurance adjuster tries to convince you it’s worth nothing at all.
There’s no obligation when you take advantage of a free case review, but if you feel we can help you get the most out of your injury claim, you won’t need any upfront money. Maison Law Accident and Injury Lawyers of Fremont doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement you receive.