Being hit by a vehicle while crossing the street can result in very serious injuries and it can sometimes be fatal. Such an accident often results in brain, spinal cord or leg injuries, which could mean being out of work for months, if not permanently. If you’ve been hit by a vehicle, you will want to retain the services of a pedestrian accident lawyer San Jose, CA to seek the compensation you deserve to help you recover.
Factors of Settlement Amounts
In most cases, the driver of the vehicle who hit the pedestrian is going to be found at fault and the settlement a victim will receive depends on several factors.
- How severe the injuries are, with “hard” injuries usually getting larger settlement amounts. Hard injuries are those which are easily detected with a medical examination.
- The length of time out of work, with the victim being compensated for lost income.
- The type and extent of medical treatment.
- How the injuries impact daily routines and living, quality of life.
- The prospects of making a full-recovery. If the victim has permanent or serious long-term injuries, the settlement usually goes up substantially.
- Whether clear fault can be attributed to someone.
- Whether injuries caused victim to lose opportunities.
- The amount of future income victim may have lost.
Shared Fault Law
As do many other states, California has a shared fault law. If some of the fault of the accident can be placed on the victim, then the amount of their compensation can be reduced. The amount you may receive for your injuries can go down by the percentage of fault assigned to you. If you’ve been hit by a vehicle while walking, you need to hire a personal injury attorney experienced in pedestrian accidents to help you receive fair compensation.