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Bakersfield has experienced steady population growth over the past few decades, leading to increased traffic everywhere, including areas with a high pedestrian presence. While the growth certainly has its upsides for the economy, it also makes vehicle collisions with pedestrians more likely.
If a Bakersfield pedestrian accident injured you, we can help you seek compensation for your injury. An experienced Bakersfield pedestrian accident lawyer from The May Firm can assist you in understanding this process and can give you the best chance of recovering the maximum amount of compensation available in your case.
We are proud of the assistance we have provided to our clients, including a recent $1.9 million wrongful death award for the family of a pedestrian accident victim.
Contact us to explore your legal options for seeking compensation after your Bakersfield pedestrian accident. You can reach us at (844) 629-3476 or online for a free case evaluation.
According to a study that analyzed the past decade of government traffic data, Bakersfield is the second-most deadly metro area in the nation for pedestrians. During those ten years, the Bakersfield region had 260 pedestrian deaths, for a rate of 2.9 pedestrian deaths per 100,000 people.
Some of the city’s issues that make pedestrian accidents more likely include:
Driver behavior that is likely to lead to Bakersfield pedestrian accidents includes:
The most common injuries when a standard passenger vehicle strikes a pedestrian involve the lower extremities, including the hips, pelvis, legs, knees, ankles, and feet. This is because the point of impact from a sedan-type vehicle is the lower body. These injuries can include broken bones, soft tissue damage, lacerations, and abrasions.
Another common area for injuries is the head, neck, and face. These injuries are often a result of secondary impact with the vehicle’s hood or windshield or with the road. Head injuries can include traumatic brain injuries, which are often life-altering or even life-ending, due to the brain’s importance to the body’s ability to survive without mechanical assistance and the brain’s limited ability to recover from damage.
Spinal cord injuries also have a serious impact on an individual’s survival and post-accident quality of life. These injuries often result in quadriplegia (also known as tetraplegia), in which the individual loses sensation and function below the neck. Head injuries can also include damage to the skull, scalp, facial bones, teeth, or jaw.
Pedestrians hit in a vehicle accident also run the risk of suffering internal injuries, especially those struck by larger vehicles, such as an SUV or pickup truck, because the point of impact is higher with these vehicles. Internal injuries can involve damage to critical organs such as the spleen, liver, kidneys, or lungs.
A pneumothorax is a relatively common injury—usually resulting from the sharp ends of broken ribs—that collapses the lung. Internal injuries involve a risk of hemorrhage, or internal blood loss resulting from an injury and that further damages organs or even kills people.
Pedestrian accidents can produce catastrophic injuries, which generally result in permanent disabilities that make it difficult or impossible for the sufferer to complete personal tasks unassisted or earn an income. This type of injury often involves the organs that make up the central nervous system—the brain and the spinal cord—though other catastrophic injuries include damage to the spinal vertebrae or discs and amputated limbs.
Serious injuries caused by pedestrian accidents can impact every facet of an individual’s life, including:
If a Bakersfield pedestrian accident injured you, you can protect your right to compensation for the expenses and impacts of your injury.
Three especially critical tasks include:
Claiming compensation following a Bakersfield pedestrian accident generally begins when your attorney has submitted a demand package to the at-fault party’s insurer. This package typically provides details of the accident, the amount of compensation you are demanding, and a listing of expenses and impacts to justify the amount of the demand.
When the insurer receives your demand, they may:
An insurer is unlikely to simply pay out your first demand. In such a case, your attorney will continue to try to negotiate with the at-fault party’s insurer until they can reach a settlement amount that you—with your attorney’s guidance—determine is sufficient. If you cannot reach an agreement, the next step is to file a personal injury lawsuit. Negotiations, however, can continue even after you file your lawsuit, and you may reach an agreement before a court renders judgment. After that, your attorney will help collect your compensation.
Read on for the answers to some common questions about pedestrian accidents, and be sure to contact The May Firm for a free consultation about your Bakersfield pedestrian accident case so we can provide answers to the legal questions you have about your specific case.
About 260 pedestrian accidents took place over a decade in Bakersfield. Many of these accidents occurred on Union Avenue, where lower incomes require more people to rely on walking as a mode of transportation and fast-moving traffic often fails to yield to pedestrians attempting to cross the roadway. Pedestrian accidents are often complex, but with the services of the experienced Bakersfield pedestrian accident lawyers at The May Firm, you can pursue compensation with confidence. The following are questions we often receive in pedestrian accident cases.
The vast majority of personal injury cases in the U.S. resolve before they ever see the inside of the courtroom. The reason for this is that litigation is time-consuming and expensive, and it is generally in all parties’ best interests to reach a settlement agreement and avoid the arduous process of taking a case to trial. Resolving a personal injury claim without going to trial is accomplished through a settlement agreement. This may not provide the full compensation you demanded when you filed your claim with the at-fault party’s insurance provider. It can, however, provide enough for you—with the guidance of your attorney—to feel confident that you recovered fair compensation for your expenses and impacts.
That said, some cases do end up in court and going to trial, where the parties cannot agree to a settlement. There is a chance that your case could fall in this category, which makes it important that you hire an attorney who is confident in their ability to pursue compensation on your behalf, whether through a settlement agreement or litigation.
Bakersfield pedestrian accident claimants can seek to recover both economic and non-economic damages. This means you can seek compensation (also referred to as damages) for the tangible expenses (economic) and also the intangible impacts (non-economic) of your injury.
Damages in a Bakersfield pedestrian accident claim are likely to include:
Most Bakersfield pedestrian accidents stem from negligence, which is the failure to take the actions necessary to protect others from physical harm or damage to property.
Discuss all of the details of any accident with an attorney to determine the viability of a claim. However, generally speaking, you can file a claim for injuries incurred in a pedestrian accident in a Bakersfield parking lot. In California, if a negligent driver strikes a pedestrian—regardless of where the accident took place—they have the right to seek compensation from the liable party.
Yes. Bakersfield accidents involving any other roadway user and a pedestrian are pedestrian accidents and, if another’s careless or reckless actions, caused them you may recover compensation for your injuries.
In addition to pedestrian accidents involving a bicyclist, other types of Bakersfield pedestrian accidents may involve scooter riders riding on the sidewalk and colliding with pedestrians, or city buses with large side-view mirrors that extend over the sidewalk and strike a pedestrian.
Bakersfield pedestrian accident settlements not only reflect the unique nature of the accident they represent—including the severity of the victim’s injuries—but also the willingness of the at-fault party’s insurer to offer a settlement that fairly compensates the claimant. Because of all of these variables, among many others, there isn’t an average pedestrian accident settlement.
However, some things can impact the value of your case, such as:
The year-round pleasant weather and proximity to conveniences make Bakersfield a popular location for pedestrians. Unfortunately, it is also one of the most dangerous locations for pedestrians, due in large part to the traffic congestion.
While California’s laws place responsibility on the drivers of motor vehicles to approach intersections slowly and to stop if necessary to avoid an accident with a pedestrian, pedestrians do not technically always have the right-of-way.
Some situations in which a pedestrian accident can occur when the pedestrian doesn’t have the right-of-way include:
Hit-and-run accidents can be tricky. To recover compensation for the expenses and impacts of your injury from the at-fault party’s insurance company, you must be able to first identify the individual who was at fault and have the information necessary to make contact with their insurance provider.
If a pedestrian accident injured you and the at-fault party fled the scene, the police will rely on information that you or witnesses to your accident can provide to track down the driver. They may also investigate the surrounding area to determine whether surveillance footage from a business can help track down the driver.
If the police can’t locate the driver, an experienced pedestrian accident injury attorney from The May Firm can explore your other options, including additional and known sources of liability, or filing a claim with your own auto or health insurance policy. Some auto insurance policies provide coverage for their insured if they become injured in a pedestrian accident.
Bakersfield pedestrian accident claims generally must be filed in court within two years of the date on which the accident occurred. There are some exceptions to this rule, which is why you must consult an experienced Bakersfield pedestrian accident injury attorney.
The experienced Bakersfield pedestrian accident lawyers at The May Firm understand that many individuals do not seek legal representation because of concerns about cost, and fail to receive the compensation they deserve after an accident.
It is to your advantage to have an attorney who can provide many legal services and an overall understanding of the claims process that would be very difficult to duplicate on your own.
Because having experienced legal counsel is so crucial to a successful outcome to your claim, we offer:
If a Bakersfield pedestrian accident injured you, you know how overwhelming the injury is—without worrying about handling a compensation claim. Let us help you obtain the compensation you need for your recovery. For a free case evaluation, contact us at our Bakersfield office by calling (844) 629-3476.
Clients were rear ended by a utility vehicle.
Judgment for wrongful death of pedestrian struck by motor vehicle.
Wrongful death of pedestrian struck while walking his dog.
Clients were rear ended by a utility vehicle.
Car accident causing a traumatic brain injury resulting in a policy limits settlement prior to filing suit.
Policy limits settlement for clients’ who suffered spinal injuries. No surgeries required. The case settled before suit was filed.
Client was rear-ended resulting in low back injury.
Client rear-ended and suffered neck and low back injuries.
Bike vs. motor vehicle collision resulting in low back injuries. Disputed liability.
Speeding vehicle struck client’s parked car.
For client whose truck struck a tire that had fallen from a defective tire assembly.
Motor vehicle vs. bicycle resulting in death of cyclist. At fault driver was underinsured.
The staff was friendly and very helpful throughout my entire case. Sienna stood out with her great customer service and help. I would recommend The May Firm to anyone looking for a personal injury attorney.
A friendly and professional firm. Always answered questions quickly. Highly recommended to anyone who needs a personal injury lawyer. Extremely satisfied with the outcome.
Robert, Cameron and his staff are great. From day one the expectations were explained and updates were always provided. Robert put me at ease by reassuring me the case would be handled appropriately from beginning to end. I give him and his staff credit for the quick resolve to my case.