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Out-of-court Settlement for Pedestrian Accidents in California

By Edited May 2, 2016 0 0

Pedestrian accidents are fairly common in the State of California. According to statistics, in 2009 alone, 563 people were killed due to pedestrian accidents.

Because of the alarming frequency of road accidents involving pedestrians, it is necessary for all California pedestrians to learn their legal rights once they got hit by a car.

Common causes of California pedestrian accidents

According to traffic safety experts, common causes of pedestrian accidents can be associated with motor vehicle drivers’ negligent actions. Some of the driving negligence-related causes of pedestrian accidents include:

Distracted driving – Drivers who use their cell phones and/or other electronic handheld devices are likely not to notice crossing pedestrians. In relation to this, certain numbers of pedestrian accidents in California were caused by distracted or inattentive drivers.

Confused driver – California drivers who are not very familiar with directions are prone to commit driver errors. When a driver is reading a map or listening to his or her GPS device, there is a great chance that he or she can overlook a pedestrian.

Aggressive driving – Drivers who overlook or intentionally violate traffic rules can cause pedestrian accidents. Violators who do not respect the right-of-way, commit improper turns, and over speed are potentially dangerous to unsuspecting pedestrians.

Intoxicated driving – Certain pedestrian accidents in California are associated with DUI drivers. Motorists who drive under the influence of alcohol are very likely to cause road mishaps like pedestrian accidents because their driving skills and senses are compromised.

Legal solution for pedestrian accidents

California pedestrian accident victims have the right to claim for compensatory damages if their injuries were caused by a driver’s negligent action. Accident victims are advised to seek legal assistance from Los Angeles lawyers in claiming for compensations; this is to successfully and conveniently demand payments from the liable party involved.

Pedestrian accident victims, together with their personal injury attorney, can assert for compensations through negotiated or out-of-court settlements. Majority of personal injury claims in California are settled via out-of-court settlements. In this type of setup, both parties involved (plaintiff and defendant) resolve the claim without the help of a legal court. Instead, the victim’s lawyers and the liable individual’s insurer or attorney agree on certain amount of compensations that the claimant will receive.

Having a personal injury lawyer for out-of-court settlements is a deemed a must because certain insurers do lowball compensation proposals. Injury attorneys can determine whether or not the liable party’s proposed payments are adequate; hence, it is necessary for claimants to have the assistance of a legal counsel.



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