Understanding Compensation in Pedestrian Accident Claims
A pleasant stroll in a neighborhood or to a local business can turn scary and even deadly if a pedestrian is hit by a vehicle. While pedestrians have the right-of-way, a driver may not follow that rule or fail to see a pedestrian, causing a collision. Even vigilant pedestrians can still end up hurt and, yes, can recover damages if they are injured.
Timeline for Recovering Damages
In California, if a pedestrian is hit by a vehicle, the pedestrian has up to two years to file a claim.
The two-year statute of limitations only applies to adults (18 and older) from the date the injuries occurred. If a minor was injured, the two-year statute of limitations goes into effect on their 18th birthday.
There are some exceptions to these rules, however. If someone sustained severe enough injuries that it would be impossible to file a lawsuit within two years, a court could consider that.
Types of Damages
There are a few types of damages a pedestrian could recover if they were hit by a car.
These are the types of damages that have a direct monetary value. They can include medical bills, rehabilitation costs, lost wages, and future lost income, to name a few.
Non-economic damages do not have a direct monetary value. These can include pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages may be awarded in personal injury claims if the case involves gross negligence and extreme recklessness. For example, a pedestrian accident was caused by an intoxicated driver who intentionally got behind the wheel with extreme blood alcohol content well over the legal limit. The amount of the award depends on the severity of the offense, and punitive damage awards are meant to punish the defendant as a deterrent method.
How You Can Get Help
The legal team at Caputo & Van Der Walde LLP has helped those injured in pedestrian accidents, and we’re ready to help you too. We have recovered millions for our clients and will fight to get you the best outcome possible. With a free case review, you have nothing to lose.
Reach out to us today at (800) 900-0863.