Every year, there are thousands of pedestrian deaths that occur throughout the United States and initiate various lawsuits. These deaths account for 15 percent of total traffic fatalities. The scenario will lead to an argument as to who is at fault. These issues are traumatic and it is no different in Colton.
When a driver is completely or even partially at fault, an immediate action must be taken to protect the pedestrian. Colton pedestrian accident lawyers will be needed to help provide the available options when following through with the rights a pedestrian has.
<strong>Finding Who’s at Fault</strong>
In Colton, these lawyers will first come to an understanding of who’s at fault for the injuries sustained by an pedestrian. All injuries are serious issues in court especially when such a high number of them has led to death in the United States over the past years.
Colton pedestrian accident lawyers will consider the factors below to ensure that a pedestrian was not at fault. They will always include whether the pedestrian struct was jay walking or randomly walking in the middle of the street, that the pedestrian was not crossing against an apparent traffic signal, that they were not intoxicated while crossing or going through areas prohibiting pedestrians.
These same lawyers on your team will also consider the fault of the driver to know if they were distracted, intoxicated, unyielding to people walking, or simply outright ignoring traffic signals and speed limits. When a Colton pedestrian lawyer examines these attributes, their objective is to make sure that a driver has overlooked one of the above mentioned in order to be at fault for the accident and injury incurred by the pedestrian.
In most cases, the driver is usually at fault. For example, the presence of children will always require drivers to proceed driving with more caution and restraint than normal conditions.
<strong>Compensation for Injury</strong>
Once you verify fault, these factors are what will indicate the amount an injured pedestrian will received. They include: loss of employment or time spent off of work, occurred medical expenses, emotional stress, financial spousal support or the lost of earning potential[due to say, an amputated arm].
In general, the testimony of bystanders will help to make a clear decision as to who is at fault. However, insurance companies are eager to spend as little as possible. This will usually leave the full decision to a jury or the insurance company and their lawyers.
Though speed limit, the police report and testimonies play a role, the jury and insurance company will create a need to find a reputable pedestrian accident lawyer in Colton.