Once a person has become involved in a pedestrian accident, there will be a series of things that need to be taken care of. Dealing with a pedestrian accident can be difficult and it can help to hire Monterey Park pedestrian accident lawyers. If the victim of the pedestrian accident is suffering from very serious injuries, a vehicle accident report will have to be filed. The vehicle accident report will normally be filed by highway patrol, the sheriff’s department or the local police department. The victim of the accident is not required to obtain a copy of the vehicle accident report in order to file a claim against the other party’s insurance company. However, having a copy of this report can always help Monterey Park pedestrian accident lawyers build the case. This is especially the case if the report states who is at fault.
Determining Who is at Fault After a Pedestrian Accident
There will be times when the driver is not the only person at fault. When the pedestrian and the driver both play a part in how the accident was caused, comparative negligence laws will be used. A pedestrian can take some of the blame when he or she walks directly into traffic without looking at the road first. A pedestrian can also be to blame when he or she crosses the street in dark clothing at night. However, if the driver was not paying attention or speeding, the pedestrian can still obtain compensation from the driver’s insurance company. This is especially the case if the driver was drinking when the accident took place. In order to prove a pedestrian accident case, the person should write down the names of everyone who was there when it happened.
California has recently switched to comparative negligence laws in order to make cases fair. Comparative negligence is used for an accident case in order to find out which party is responsible based on the negligence of every person that was involved in the pedestrian accident. This is also used to find out how much money should be paid out to either party. A Monterey Park pedestrian accident lawyer can help the pedestrian get the most out of her case if comparative negligence is involved. Most comparative negligence cases are not simple. Assessing damages and comparing negligence can be difficult.
Anyone involved in a pedestrian accident has the right to hire an attorney for help like anyone else who is involved in a car accident. Monterey Park pedestrian accident lawyers can help get as much compensation as possible for the suffering victim. In addition, the lawyer can help the victim understand insurance company tactics in order to avoid being taken advantage of.