Being a pedestrian on the roads of California has its dangers. Available data shows that accidents involving pedestrians have been on the rise in the state, and in most cases, the vehicle driver is at fault. California is a fault state. This means that if the other party was liable for the accident, they are responsible for your losses. The compensation is intended to cover your damages, including medical bills and lost income. Before you file a claim with the at-fault party’s insurer, consider talking to one of Bakersfield pedestrian accident lawyers will help. In this post, we are discussing key aspects of dealing with pedestrian accidents in the state.
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Proving fault
If you were injured in a pedestrian accident and want to win compensation from the party at fault, you must file an injury claim. Winning a settlement is easier said than done. Personal injury laws are on your side for sure, but you need to prove fault. You have to prove three key things –
- The other party was reckless or careless, which is the direct cause of the accident
- The accident caused physical and property damage
- The other party owed you a duty of care
You will need evidence on your side to prove that the driver was negligent, and that is not going to be easy without an attorney.
Be careful with insurance companies
You may be naïve to believe that the insurance claims adjuster is on your side. These insurance companies work for a profit, and they often adhere to tactics to deny claims. In most cases, their claims adjusters and representatives will try to prove that you were partly at fault, and because they use such words, you may end up accepting whatever is being offered. The thing is, you can claim compensation even when you were negligent to an extent or share part of the blame. California follows the pure comparative fault rule, which will be used to determine fault.
Get an attorney
Numerous personal injury law firms are located in Bakersfield, and their top experienced attorneys can offer a free evaluation of your pedestrian accident case. They can guide you on what you can expect in a settlement, along with other details. Even if you were at fault, your attorney can negotiate and get you a fair settlement for your claim. If needed, they can even file a civil lawsuit against the at-fault party.
Don’t delay in taking action after a pedestrian accident.
