Oak Park Pedestrian Accident Lawyer
When life slows down during the weekends, you enjoy playing ultimate frisbee with your friends at Chaparral Park, followed by a few beers at your favorite craft brewery. Oak Park is pretty laid-back but drivers don’t always pay attention to pedestrians. This reality came into sharp relief yesterday as you were chasing an errant disc at the edge of the park grounds and wandered onto adjacent Conifer St. At that moment, a motorist who was exceeding the speed limit and checking their social media updates ran into you. You immediately hit the pavement and could tell your leg was seriously injured.
Your friends rushed over to the scene to check on you and get information from the driver, including their insurance information, driver’s license number, and contacts. The driver denied using social media while driving but one of your friends noticed him driving with his face in his phone. That’s something a skilled Oak Park pedestrian accident lawyer at Walch Law will be able to help prove when you hire us to handle your case. We have over 40 years of experience helping pedestrians in your very situation get money following their accident and will work hard for you too. Call us today to learn more!
You acknowledge things could have been much, much worse. Still, you’re not sure whether you’ll be able to walk again anytime soon and you’re also missing work. You’ll want to file an injury claim but it’s important to do so strategically. The following is a brief overview of how the law treats pedestrian accidents, including how liability is established and the basics of damages.How Liability is Established for California Pedestrian Accidents
If you’re a motorist, you have to be particularly alert around pedestrians, since the human body is no match for an automobile and pedestrian accidents can cause very serious injuries or even death. In legal terms, motorists have a high “duty of care” when they’re in the presence of pedestrians, which means they have a legal responsibility to exercise caution and act in a reasonable manner. Failure to do so (such as speeding, swerving, or simply not paying attention) is referred to as a breach when it results in the pedestrian’s injuries.
The vast majority of pedestrian accidents can be attributed to negligence. The legal elements of a negligence claim are:
- Defendant (at-fault party) owed a duty of care to the plaintiff (injured party)
- Defendant breached that duty (failed to watch for pedestrians)
- Plaintiff’s injuries were in fact caused by this breach
- Defendant’s actions were the proximate cause of the injury, meaning the plaintiff would not have suffered their injuries if not for the breach
- Plaintiff suffered actual damages, such as bodily injury
Automobiles are faster, bigger, and heavier than people (and owe them a significant duty of care because of these realities), so it’s less common for a pedestrian to be held liable for their own injuries. However, pedestrians may only claim damages for injuries where the defendant’s negligence was the proximate cause. For instance, a pedestrian wearing all black in the evening who lurches into the street just as a car is coming may not have a valid claim if he’s injured as a result.
Injury claims are often quite a bit more complicated than they may seem at first. That, along with the fact that the other party (through their insurance company) likely has legal representation of their own, makes it important to work with a skilled Oak Park pedestrian accident lawyer when drafting your claim.Damages for Oak Park Pedestrian Injuries- How Much is Your Case Worth?
Since injury claims are for monetary compensation, you’ll have to calculate the actual losses you’ve suffered as a result of the other party’s negligence. Some injuries aren’t apparent at first, such as concussion or the long-term impact of a known injury. These monetary claims are referred to as damages. Some damages are more obvious than others, as injuries may impact seemingly unrelated facets of your life, which is why you’ll want to work with an experienced attorney before you file your claim.
Your damages may include (but are not limited to) the following:
- Medical costs
- Lost wages
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Even the best-prepared pedestrian who always looks both ways before crossing can become injured when a careless motorist is involved. These accidents typically cause serious injuries that have ripple effects throughout your life. If you’ve been injured as a pedestrian, call the legal experts at the Law Offices of Gary K. Walch, a Law Corporation today and learn how they can help you get the full value of your claim.