Santa Maria Pedestrian Accident Attorneys
Santa Maria Pedestrian Accident Attorneys
When two cars are involved in a collision, there’s a reasonable chance that everyone will walk away from the scene unscathed. Unfortunately, the same cannot be said for pedestrians who are hit by motor vehicles. Our pedestrian accident attorneys in Santa Maria understand the physical, emotional, and financial toll that a serious injury or wrongful death can have on the entire family, and we’re ready to help you fight for the compensation you deserve. The driver who hit you or your loved one may be liable for any resulting medical bills, lost wages, and other damages. The insurance company will likely challenge your claim at every opportunity, but our lawyers can make sure you are treated fairly. If the insurance adjuster refuses to cooperate, we’re not afraid to take your case to trial. You can reach us anytime, day or night, at 1-800-GO-HARRIS. We offer free consultations and accept pedestrian accident cases on a contingency fee basis.
Pedestrian Accident Claims We Handle in Santa Maria
- Alcohol-related pedestrian accidents
- Distracted driving accidents
- Accidents involving shared liability
- Accidents involving semi-trucks, rideshare vehicles, Turo vehicles, and scooters
- Parking lot pedestrian accidents
- Pedestrian accidents caused by failure to yield
- Catastrophic injury accidents
- Pedestrian accidents involving children
- Fatal pedestrian accidents
- Other pedestrian accidents
Will the Insurance Company Dispute My Claim?
There are many reasons why an insurance company might dispute a pedestrian accident claim. At the end of the day, insurance carriers boost their profits with every dollar they don’t pay out to claimants, so they have incentive to find justification to deny claims or reduce their value. No attorney who practices law with integrity would ever guarantee that the opposing party won’t dispute your claim—and that’s true no matter how strong your case appears to be. Until your lawyer has conducted a thorough investigation, it won’t be possible to gauge the likelihood that a dispute will arise.
Below are just a few factors that might increase the chances of facing a dispute:
- You Were Jaywalking: Just because you were jaywalking doesn’t automatically mean that your claim will be denied or its value reduced; however, if the insurer can prove that your own negligence contributed to the accident, your financial recovery may be reduced by your own percentage of fault. Pedestrians are negligent when they breach the duty of care owed to drivers by violating traffic laws or otherwise behaving recklessly. If you were in fact jaywalking and the insurance adjuster disputes liability, your Santa Maria pedestrian accident lawyer can take the necessary steps to minimize the percentage of fault assigned to you or perhaps eliminate it entirely. For example, your attorney can look for evidence that the at-fault motorist was drunk, distracted, speeding, or breaking another traffic law.
- You Failed to Mitigate the Damages: Personal injury claimants have the right to seek compensation for reasonable and necessary economic damages arising from their accident such as medical costs, lost income, and property damage; however, if you fail to mitigate your damages, you may not be able to recover compensation for 100 percent of your losses. For example, the insurance company might dispute your claim if you return to strenuous activity or work against the orders of your healthcare provider, miss doctor’s appointments, or fail to fill your prescriptions, and this causes your injury to worsen or prolongs your recovery.
- You Didn’t Seek Immediate Medical Care: You will need official documentation of your injury to recover compensation for medical bills. Even if you visit a doctor, the insurer might still dispute your claim if you delayed the evaluation. For instance, the claims adjuster might say that your injuries aren’t as severe as you are claiming since you were able to put off the medical assessment, or that your injuries were caused by something else.
- You Provided a Recorded Statement: One of the primary reasons to hire a pedestrian accident attorney in Santa Maria is to avoid providing a recorded statement to the insurance company. The claims adjuster might ask leading questions to elicit a response that can be used to dispute your claim. To prevent this scenario, it’s a good idea to hire a lawyer as soon as possible—before you’ve been contacted by anyone affiliated with the insurer.
- You Didn’t Pay Your Premiums: If you bring a first-party insurance claim—for example, against your medical payments coverage—the insurer might deny your claim if you haven’t paid your premiums. Your claim may also be denied if you try to obtain compensation for damages that aren’t covered by your policy.
Get the Legal Advice You Need: Contact Our Pedestrian Accident Lawyers in Santa Maria
Our attorneys are here to answer your questions and provide the advice you need to make strategic decisions. The initial consultation is free, and we don’t charge attorney’s fees unless we win. Call 1-800-GO-HARRIS or send us a message to set up a case review.