Pedestrian accidents in Bakersfield resulted in 555 deaths and fatal injuries from 2017 to 2020. Unfortunately, pedestrian crashes pose several severe health risks to victims, such as broken bones. You may receive compensation if you incur bone fractures from a pedestrian accident.
However, you must justify that the crash caused your injury. This evidence may help you prove your case:
- medical records,
- photos of the damage at the accident scene, and
- police report.
Read on to learn how to prove broken bones from pedestrian accidents in Bakersfield.
What Are Broken Bones?
Broken bones, also known as fractures, occur when a bone can’t hold more force than it can withstand. A fracture may be caused by the following:
- a trauma, such as auto accidents or falls,
- medical conditions, and
- repetitive movements of forces.
Recovering from a bone fracture may take time, depending on the severity of the injury. Victims may heal their broken bones through splints, casts, braces, or slings only. However, more severe cases may need surgeries to mend them.
If you have been hit by a vehicle and you experience one or more of the following symptoms of broken bones, you must seek medical attention immediately:
- a visible misaligned or deformed limb or joint,
- swelling, bruising, or bleeding,
- intense or throbbing pain,
- numbness and tingling sensations,
- lacerations with a protruding bone,
- inability to move a limb,
- difficulty putting weight on the leg.
What is the Difference Between a Fracture and a Sprain?
The difference between a fracture and a sprain is that a fracture is a break in the bone. In contrast, a sprain is an injury to the ligament, which holds the bones in place.
Fractures can cause a bone to penetrate the skin. This is why the healing process of fractures commonly requires hospitalization and physical therapy. On the other hand, you may need rest, ice, and over-the-counter medication to recover from sprains.
Traffic crashes can result in sprains and fractures. This is why it is essential to consult a doctor immediately if you are involved in a pedestrian accident in Bakersfield and are experiencing symptoms.
Can A Pedestrian Accident Cause Broken Bones?
Yes, a pedestrian accident can cause fractures. There is a forceful impact when a speeding vehicle hits a victim’s body, causing their bones to break.
Let’s say you were walking on a crossroad when a speeding car failed to hit its brakes, causing it to strike your body directly. In such cases, your bones won’t withstand the impact or force of the vehicle.
Generally, auto crashes may result in bone fractures, such as:
- spinal cord injuries,
- cranial or head damage,
- pelvic bone and clavicle fractures, and
- broken ribs.
What Evidence Is Needed to Prove Broken Bones from Pedestrian Accidents?
If you are involved in a pedestrian accident in Bakersfield caused by a driver’s negligence, you may pursue a claim to receive restitution for the damages. However, you must justify that the accident caused your broken bones.
The following evidence may help prove your broken bones from the pedestrian accident.
Medical Records
One of the most vital pieces of evidence to prove the cause of your fracture is your medical record. Typically, your doctor will recommend that you have a series of medical exams to determine if you have broken bones, such as:
- X-rays,
- MRI scans,
- CT scans, and
- blood tests.
Aside from these, you may also use the following to prove your broken bones:
- Hospital bills,
- Medications and other treatments,
- Rehabilitation, and
- Medical equipment costs or aid.
Keep in mind that these health documents will help prove your case. So, it is best to collect them. Aside from that, medical bills and records can also determine your compensation value.
Photos of the Injury at the Accident Scene
Pictures of your injuries and the accident scene may be useful in showcasing that your fracture resulted from the crash.
Aside from the injuries, the following must also be considered when capturing the accident scene:
- the vehicle’s damages,
- the location of the accident,
- other proof, such as debris and skid marks.
Unfortunately, most victims with bone fractures don’t have the capacity to gather photos of the accident. In addition, it is also recommended that you avoid moving your broken bone to prevent further complications. This is why it is best to contact a personal injury lawyer swiftly after the accident, who can investigate the accident scene and collect proof to prove your case.
Police Report
When authorities respond to an accident scene, they usually create a police report indicating specific details about the crash. In most cases, accident reports contain the following information, which is beneficial in proving your pedestrian accident claim:
- names and other personal data of the parties involved,
- the vehicle’s plate number and type,
- contact details and statements of witnesses,
- description of the accident, such as:
- time, date, and location of the crash,
- the weather, and road conditions
- traffic violations committed by one or both parties, and
- police officer’s conclusion about how the accident happened and what caused it.
When requesting a police report, you may need to do the following:
- Locate the police officer’s department.
- Pay a fee of $10 to $20.
- Present the following information:
- the names of the driver,
- the date, time, and location of the crash,
- a waiver to release information to your lawyer,
- the other driver’s vehicle’s license plate number, and
- the car accident report number.
What Types of Damages Can I Include in My Broken Bone Car Accident Settlement?
Victims of pedestrian accidents in Bakersfield may file personal injury claims against at-fault parties to receive compensation for the damages. When pursuing a claim, you must determine the damages you can include in your broken-bone car accident settlement.
Economic Damages
A typical broken bone car accident settlement focuses on the medical bills of the injury, such as:
- emergency bills,
- hospitalization expenses,
- treatments and rehabilitation costs,
- medications and health exams, and
- other medical expenses related to the injury.
However, you may consider other damages to maximize your payout. If your fracture from the pedestrian accident refrains you from working at full capacity, you may seek compensation for the following:
- lost wages,
- future loss of income, and
- future medical expenses.
Non-Economic Damages
Apart from the financial losses, you may also include non-economic damages. These are non-monetary losses from the crash.
Let’s say you are an athlete. Unfortunately, you can no longer enjoy doing your sports due to a broken leg. In this case, you may receive compensation for the emotional distress you experience.
Other non-economic damages include the following:
- pain and suffering,
- emotional distress,
- Post-traumatic Stress Disorder,
- loss of life enjoyment,
- loss of love and companionship, and others.
Punitive Damages
There are instances where the court may view the at-fault party’s actions as malicious and extreme. When this happens, you may qualify for punitive damages. This type of compensation is a cost awarded to the victims that the at-fault party must pay.
While you may consider all of these in your broken bone car accident settlement, it may be challenging to include non-economic damages in your compensation. A Bakersfield pedestrian accident attorney can help quantify non-monetary losses to your settlement and determine if you are qualified for punitive damages.
How Can a Bakersfield Pedestrian Accident Attorney Help Me?
If you are pursuing a pedestrian accident claim against the at-fault driver, you may encounter several challenges that may hinder you from getting the maximum broken bone car accident settlement.
For instance, you were hit by a driver at night, and they abruptly left the accident scene without reporting it to the police or leaving any contact details. In such cases, how will you find the driver and receive compensation for your fracture?
A personal injury lawyer can examine the accident scene and use evidence to locate the driver. In the event that the driver can’t be found, legal experts can check your insurance coverage and obtain the maximum settlement you deserve.
A Bakersfield pedestrian accident attorney can also help with the following:
- Gathering relevant information and evidence to support your case.
- Proving liability.
- Calculating the total damages.
- Communicating with the insurance provider.
- Protecting your rights in a trial if necessary.
If you are hit by a negligent driver, Jacoby & Meyers has competent accident attorneys who have defended and won pedestrian cases over the years. We cater to victims of pedestrian accidents in Bakersfield. Contact us at 800-500-0000 for a free consultation. We are available 24 hours a day, seven days a week, to help you.
Jacoby and Meyers. Because You Deserve Justice.
Call or text 888-522-6291 or complete a Free Case Evaluation form
