Irvine & Anaheim Pedestrian Accident Lawyer
With Orange County’s many beach destinations, pedestrians flock my the hundreds to enjoy a little bit of Southern California sunshine. Increased pedestrian traffic means increased chances for a pedestrian-related accident. Victims of pedestrian accidents suffer severe injuries and need to know what to do after such an event – calling the Anaheim pedestrian accident attorneys at Bentley & More LLP can help. If an injured pedestrian dies from his or her injuries, surviving loved ones may pursue compensation through a wrongful death claim. Those who survive will be able to pursue personal injury lawsuits to recover their losses.
A pedestrian accident in Orange County is likely to entail extensive damages, and injured plaintiffs need reliable legal counsel to handle their claims and navigate the litigation process. At Bentley & More, LLP, our Irvine pedestrian accident lawyers have extensive experience handling the most complex legal entanglements in a variety of practice areas – including pedestrian-related accidents and injuries. If you or a loved one has recently suffered injuries or other losses in a pedestrian accident in Anaheim, Santa Ana, Irvine or the Orange County area, it’s vital to know what to do to protect your rights by contacting an Anaheim pedestrian accident attorney you can trust.
Building a Case for Your Irvine Pedestrian Accident
After any Santa Ana pedestrian accident, an injured person’s first priority should be medical treatment. Even if an injured pedestrian feels as though his or her injuries are not very severe, any delay in seeking treatment will reflect poorly on a subsequent personal injury case. In these cases, juries tend to assume that, since plaintiffs did not seek immediate care, their injuries were not as severe as they claimed. Additionally, waiting to seek care can have very damaging effects, as some injuries may not manifest immediate symptoms. Waiting too long can cause a medical complication to worsen, possibly jeopardizing the plaintiff’s life.
Once an injured pedestrian has received treatment, his or her doctor will provide a medical report that lists the plaintiff’s injuries and the doctor’s treatment plan. This will be an invaluable document if the plaintiff decides to pursue a lawsuit because it will provide the court with an accurate idea of the plaintiff’s injuries. After receiving a medical report and a police report from the accident, injured pedestrians should seek reliable legal counsel for pursuing pedestrian accident injury claims.
Proving Negligence in Anaheim Pedestrian Injury Accidents
Like any other personal injury claim, an injured pedestrian will need to prove the driver who caused his or her injuries was negligent. Proving negligence requires establishing four facts in court:
- Duty. The plaintiff must show the court that the defendant in the case owed him or her a duty of care. Every driver has a duty to yield to pedestrians and follow posted traffic signs.
- Breach. Next, the plaintiff’s attorney will demonstrate how the defendant breached this duty of care. For example, if a driver speeds through an intersection and hits a pedestrian, this is a violation of the driver’s duty to drive reasonably.
- Substantial factor causation. The plaintiff must prove that the defendant’s negligence was a substantial factor in causing his or her injury. The defendant’s negligence need not be the only cause of the injury, because a “substantial factor” is a broad standard, requiring only a cause that is something more than negligible or theoretical.
- Actual harm. A plaintiff can only sue after suffering a measurable loss. If he or she suffered no injuries or incurred no economic damages, there is no claim.
Any pedestrian who has suffered injuries and other losses from negligent drivers in Orange County needs experienced attorneys. If you or a loved one has suffered injuries in a pedestrian accident in Anaheim, Irvine, Santa Ana, or anywhere else in Orange County, reach out to the Irvine pedestrian accident attorneys at Bentley & More, LLP.