Avalon Personal Injury Attorneys | Accident Lawyers
Avalon Pedestrian Accident Attorneys
Pedestrian accidents are still all too common in California. It’s estimated that approximately 13,000 pedestrians are injured in the state every year. As such, if you’re on foot, you could be on your way to suffering a serious injury. If you were hurt on the road, turn to our Avalon pedestrian accident attorneys for legal guidance and tenacious representation.
With decades of collective experience, the legal team at HPIL knows what it takes to succeed during any stage of proceedings. Contact us today at 1-800-GO-HARRIS to find out more.
Important Terms to Know When Filing a Pedestrian Accident Claim
Bringing a claim against the at-fault parties after an accident can be a daunting prospect—especially if this is your first time initiating this process. To make matters worse, complex and indecipherable jargon are commonplace in these types of cases. At times, it can feel like learning a second language.
Fortunately, when you hire a pedestrian accident attorney, he or she can help guide you through proceedings and explain the terms that may be relevant to your case. However, it won’t hurt to start learning more about the claims process by adding a few key terms to your vocabulary, such as:
- Maximum Medical Improvement: Commonly abbreviated as “MMI”, this term refers to the stage in your treatment where your injuries have healed, or your condition is unlikely to improve any further. Your lawyer may advise you to postpone settlement negotiations until you’ve reached this point in your recovery as you will have a better understanding of the costs involved with treating your injuries.
- Negligence: Typically, in tort law, an individual or entity is considered negligent if they did not take reasonable steps to avert harming another party. As such, even if the defendant did not intend to injure the plaintiff, but their inaction or carelessness caused the defendant to suffer damages, they can still be held liable for such losses.
- Duty of Care: In many situations, an individual or entity has a legal obligation to act with reasonable care towards another party. To succeed in a pedestrian accident claim, you will have to show that the at-fault motorist owed you a duty of care—i.e., to keep an eye out for pedestrians while driving—and demonstrate how this duty was breached. For example, if the motorist was talking on their cellphone while driving in the moments before the accident, your lawyer may argue that the accident could’ve been avoided if the defendant was focused on the road.
- Causation: Think of causation as the thread that connects the pedestrian accident to the damages you incurred. The insurer may attempt to dispute causation when assessing your claim. For instance, they might argue that your health complications stem form a pre-existing condition or that you suffered your injuries in a separate incident. As such, you will need strong evidence to prove causation. For example, visiting the doctor immediately after the accident can help tie your injuries to the pedestrian accident. Additionally, taking pictures of your injuries at the scene can help show that your condition is connected to the tort.
How Can I Strengthen My Pedestrian Accident Claim?
When you hire HPIL to oversee your claim, you will have the time to focus on your recovery without having to worry about the legal complexities of the claims process. We can help gather evidence, interview eyewitnesses, consult with experts if required, and handle the other logistics of your case.
However, there are a few steps you can take to protect your claim and avoid disputes, such as:
- Collect Evidence at the Scene: If you do not require urgent medical attention, it’s likely you will have time to gather evidence at the accident scene. Start by taking down the motorist’s insurance information and contact details. Then, you should document the wreck by taking pictures of your injuries, road markings, weather conditions, street signs, the motorist’s vehicle, and any other details that could help prove your claim. If anyone saw the accident happen, you should note down their contact details. Your pedestrian accident lawyer may want to reach out to eyewitnesses to determine whether their deposition or testimony could help you prove liability.
- Deactivate Your Social Media Accounts: The way we communicate has changed drastically over the past 20 years with more and more conversations moving online. As the world has evolved, so too has the way insurers investigate claims. Monitoring social media profiles has become a common part of many claims investigations. As such, anything you post online could be used as evidence to dispute your case. For instance, if you posted about the accident, the insurance adjuster could argue that your comments contradict other evidence in your case. Our attorneys will likely advise you to disable your social media profiles until your case is resolved so that you don’t say anything that could harm your case.
- Visit the Doctor: If you have not undergone a medical evaluation, you should schedule an appointment immediately. Not only will your Avalon pedestrian accident attorney need medical records to prove the severity of your injuries and tie them to the collision, but the insurer will also require this documentation before approving your claim.
Speak to a Pedestrian Accident Attorney in Avalon Today
As a pedestrian, you have little to no protection in an accident. Unsurprisingly, victims often suffer life-altering injuries, incurring thousands of dollars in medical expenses. At HPIL, our personal injury attorneys may be able to help you hold the at-fault parties financially accountable for the damage they’ve caused. Call us today at 1-800-GO-HARRIS or switch over to our online contact page to reserve a free consultation.