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Law Offices of Robin E. Paley
Personal Injury Lawyer In Los Angeles County

Making a successful car accident claim as a pedestrian

If you were hit by a car as a pedestrian in California, you may be wondering about whether you have the right to make a claim against the driver. It was the vehicle that ultimately caused you an unnecessary injury, so many people automatically assume that the driver of the vehicle should pay compensation for all damages.

However, this is not always the case. There can be rare circumstances in which the pedestrian can be at fault for the incident. For example, this could be true if the pedestrian was intoxicated and acted suddenly and irresponsibly, or if a small child walked into the street without any warning. This is why it is important that pedestrians know how they should go about proving fault so that they can gain the compensation that they deserve.

How can I prove that the accident was the fault of the driver?

There can be legal situations where the driver will try to argue that the injured pedestrian was at fault for the collision. Perhaps you were running at the time of the incident and you were using headphones, for example. If the driver honked their horn as an alert, you may not have heard it and became injured as a result.

In a situation such as this, the driver may try to argue that the pedestrian was to blame for the accident. However, this will probably be very difficult to do, because the driver should have been alert and focused enough to observe the pedestrian's movements and predict their possible actions.

What damages may I be able to gain?

If you had to seek medical attention as a result of your injuries, you should be able to get all of the costs compensated by the at-fault driver's insurance company. You may be able to gain additional compensation to cover the physical pain and the emotional suffering that you had to endure.

It is important that you take swift action to stand up for your right to compensation as an injured pedestrian in California. To begin, you should take the time to understand the law.

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