Pedestrians have no protection when struck by a vehicle, and these accidents can result in some of the most serious injuries in a collision. In the United States, 20% of pedestrian crash fatalities are linked to jaywalking.
If you have been injured or lost a loved one in a pedestrian accident, you may benefit from speaking with a San Francisco pedestrian accident attorney.
At Jacoby & Meyers, our accident lawyers in San Francisco understand that insurance companies may attempt to shift blame in order to deny or limit liability. You do not have to face this process on your own.
We have been representing accident and injury victims in California for over 50 years.
Contact us today at (415) 855-4289 or fill out our contact form to schedule a free case evaluation. Our pedestrian accident lawyers can listen to your situation, answer your questions, explain your rights, and discuss possible next steps.
What Damages Can I Recover in a San Francisco Pedestrian Accident Case?
The damages you may recover in a San Francisco pedestrian accident case depend on numerous factors. Generally, three categories of damages may be available in a pedestrian accident claim.
Economic damages are those that may be supported by receipts, invoices, bills, pay stubs, and income tax returns. They include:
- Current and future medical expenses
- Current and future lost wages
- Expenses for making necessary modifications to your home or vehicle because of your injuries
- Other expenses incurred because of your injuries
Non-economic damages are more subjective and can be more difficult to prove. They include:
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Scarring and disfigurement
- Permanent disability
Punitive or exemplary damages are rarely awarded. This type of damages is intended to punish certain conduct and deter similar behavior in the future. In contrast, economic and non-economic damages aim to compensate the injured person.
Only a jury may award punitive damages. To obtain this type of damages, the plaintiff must prove that the defendant acted with malice, fraud, or oppression by clear and convincing evidence.
Common Types of San Francisco Pedestrian Accident Injuries
Pedestrian accidents can result in a wide range of injuries. Some injuries may require long-term medical care and therapy and may lead to lasting pain or disability. Some of the more common injuries include:
- Traumatic brain injuries (TBIs), skull fractures, and other head injuries
- Spinal cord injuries and paralysis
- Neck and back injuries that can lead to permanent disabilities and chronic pain
- Internal organ damage and bleeding
- Broken and crushed bones
- Amputations due to severed or severely damaged limbs
- Contusions, lacerations, and road rash
- Severe facial injuries
- Scarring and disfigurement
In some cases, pedestrian accident injuries may result in death. If you have lost a loved one in a pedestrian crash, our wrongful death lawyers in San Francisco may be able to discuss possible legal options with you.
At Jacoby & Meyers, our San Francisco personal injury attorneys investigate pedestrian accidents to determine possible causes and identify potentially liable parties. Evidence may be gathered to help evaluate and support a claim.
What If I am Partially at Fault?
California follows a pure comparative fault rule. Under this rule, even if you are partially at fault for the accident, you may still recover damages from other parties who share responsibility.
However, the amount of damages you may recover is reduced by the percentage of fault assigned to you. For example, if you are found to be 70% at fault for the accident and your damages total $100,000, you could recover $30,000 because the award would be reduced by 70%.
Attorneys may investigate pedestrian accidents to determine possible causes and identify potentially responsible parties. This process can help evaluate how fault may be assigned under California law.
Steps to Take After a San Francisco Pedestrian Accident
If you have been involved in a pedestrian accident, there are several steps you can consider to help protect your health and your potential claim. If you are able, consider the following suggestions:
- Call 911 to request medical assistance and law enforcement. A police report may provide helpful documentation.
- Avoid admitting fault or apologizing at the scene. Statements made immediately after an accident can sometimes be misunderstood or used in later proceedings.
- Take photographs or video of the accident scene and any visible injuries if it is safe to do so. You may also want to capture traffic signs, signals, and other relevant conditions.
- Exchange contact information with all parties to the accident and witnesses.Exchange contact information with the other parties involved and any witnesses.Exchange contact information with all parties to the accident and witnesses.
- Follow up with medical appointments and recommended therapies.
- Be cautious when posting on social media after an accident, as online content may sometimes be reviewed during a claim.
- You may wish to consult with a pedestrian accident lawyer before giving recorded statements to insurance companies.
These are general suggestions. Your attorney can provide guidance about steps that may be appropriate in your situation.
Contact a San Francisco Pedestrian Accident Attorney
If you have been injured or lost a loved one in a pedestrian accident in San Francisco or the Bay Area, you may wish to speak with an attorney who handles personal injury cases.
The pedestrian accident lawyers at Jacoby & Meyers have represented pedestrian accident victims in California for many years.
Schedule a free case consultation today by calling us at (415) 855-4289 or completing the short form on our contact page. Our team can review your situation and discuss possible next steps.