When a motorist hits a pedestrian, the consequences can be devastating and jeopardize the pedestrian’s life. An example is the tragic collision on Airport Way in Manteca, where a 54-year-old man was hit and killed by a motorist. If that was not bad enough, the motorist fled the scene, hoping to evade responsibility for the collision. The impact force threw the man from the roadway, fatally injuring him. As you can see, when a vehicle collides with a pedestrian, the harm to that person’s body is usually extensive and may result in death.

Unfortunately, many pedestrian accidents occur in and around Manteca. Pedestrians can usually be seen walking around Manteca since the city features pleasantly warm temperatures. This means many people will go out and walk around to access fine dining, shopping, and outdoor activities.

The high volume of pedestrians and vehicles in the city means a higher percentage chance of a severe collision occurring; in many instances, it is the motorist’s fault. Many drivers get distracted while texting or talking on their cell phones. They may also be traveling at a speed more than the posted limit. Distracted or reckless drivers might fail to stop at a stop sign or yield at a crosswalk. When these careless actions occur, pedestrians suffer.

When a pedestrian is hit by a motorist, they absorb the full force of the collision. They have no protection like an airbag or steel crumple zones. This means their injuries are usually quite severe. Some common injuries suffered in these types of collisions include:

• Serious brain injury
• Spinal cord injury
• Damage to your nerves and ligaments
• Broken bones
• Lost limbs

If you or a loved one suffered a severe injury in a collision with a vehicle, you might be able to pursue financial compensation for your harm and losses. These damages include medical expenses, lost income, mental anguish, emotional distress, etc.

Watch the video from AAA below for pedestrian safety tips.

When a collision occurs and someone is seriously injured, it does not mean the injured party will collect a multimillion-dollar settlement or jury verdict. The amount an injured claimant can reasonably expect to recover depends primarily on the insurance coverage under the at-fault driver’s and your own policies.

If you have health insurance, use it to help cover your medical bills. You can still pursue reimbursement for your medical expenses, even if insurance covers a portion. You can also seek a recovery of your out-of-pocket expenses like a large deductible and/or co-insurance payment.

Regarding the at-fault driver’s insurance policy, California requires motorists to carry a minimum policy of $15,000 per person and $30,000 per accident. That may sound like a lot of money, but that coverage is paltry if you have medical bills over $50,000 or higher. It will not adequately cover your economic and non-economic damages. If you find yourself in this situation, you could access underinsured motorist coverage through your auto insurance policy. It does not matter that you were not in your vehicle when the accident occurred. Your own policy applies, even if you were injured as a pedestrian.

If you were partly responsible for causing the accident, you could still pursue compensation through a personal injury claim. This is because California adheres to comparative negligence when determining financial compensation in a personal injury lawsuit. Comparative fault means the percentage of fault on both sides is considered. An award of monetary damages will be reduced by the percentage of fault a judge or jury deems appropriate, given the facts surrounding the collision. So, for example, if you are found to be 34 percent at fault for the collision, any award of damages you could receive will be reduced by 34 percent.

Clients ask how long it will take to resolve their personal injury claim and a settlement or verdict paid out. In all honesty, it depends on the facts of your case. Every case is unique. Your lawyer can offer a ballpark estimate for the time it will take to resolve the case, but that is subject to change depending on the circumstances. Your injuries dramatically influence the amount of time needed to resolve the claim. If you are still recovering from your injuries and undergoing medical treatment, an attorney will usually wait until you are done with treatment to file a personal injury claim. This may be necessary to ensure all of your medical expenses and other harms are included in a demand letter and claim submitted to the insurance company. When you reach maximum medical improvement, that is the moment your attorney will want to get the claim process started.

Your attorney will negotiate with an adjuster who is assigned to your claim. Most insurance companies make low-ball settlement offers at the very beginning and steadily increase their offers when or if a lawsuit is filed. As the client, you can accept or reject any settlement offer. Your lawyer will advise whether the offer is reasonable and what you can expect to recover from the settlement proceeds. If you are unhappy with the settlement offer, you can turn it down, and your Manteca pedestrian accident lawyer can file a lawsuit in a Manteca court.

We have been helping injured people in the Manteca and Northern California communities in their time of need since 1982. If you or someone you love has been hurt in an accident because of the negligence of another party, please call us today at (209) 227-1931 or (800) 404-5400 for free and friendly advice with no obligation. We can also be reached online at www.AutoAccident.com.

You can find some of our Verdicts and Settlements here.

^{Editor’s Note: updated [cha 8.31.23] Photo by Octavian Rosca on Unsplash sid rey [cs 1020]}