Woman Suffered Injuries in a Pedestrian Accident
A Turlock woman was injured in an Atwater pedestrian accident on the night of July 17, 2019. The crash occurred shortly before 9:30 p.m. along the right shoulder of Highway 99, just north of Applegate Road. The California Highway Patrol (CHP) reported that the 63-year-old woman was standing outside of her 2019 Nissan Versa after running out of fuel. At the same time, a 54-year-old Chowchilla man was driving a 2000 Chevrolet pickup truck along the highway in the right lane. For unknown reasons, the Chevrolet reportedly veered onto the right shoulder and collided with the rear of the Nissan. This caused the woman to be hit by one of the cars. The Chevrolet continued and overturned along the shoulder. The woman was transported via air ambulance to a hospital in Modesto for treatment of a head injury and lacerations to her right arm. The Chevrolet driver was also taken to the hospital for complaints of back pain. An update regarding the conditions of those injured was not immediately available.
What is Considered to Be a Personal Injury?
When a pedestrian accident occurs, the police must investigate to determine how and why the collision occurred. The investigation is usually concluded when a traffic collision report is made available, which is generally one to two weeks from the date of the incident. When a pedestrian is injured due to driver negligence, California’s personal injury laws may apply to the situation.
How is Personal Injury Compensation Calculated?
Motorists owe a duty of care toward pedestrians. They are required to take evasive action to avoid a crash. If a driver fails to do so, they may be held financially responsible for damages incurred. A third party claim may be filed with the negligent driver’s insurance company for compensation. If the at-fault motorist has little to no insurance, the pedestrian may use their own uninsured/underinsured motorist coverage on their own car insurance policy for recovery of the following:
- Medical Expenses: Any past and future medical bills for treatment of injuries related to the pedestrian accident are recoverable. This includes hospital stays, physical therapy, chiropractic care, surgeries, prescriptions, and other medical costs associated with the trauma.
- Lost Wages: This may encompass any past and future earnings lost while recovering from an injury or attending a medical appointment. A loss of earning capacity may also be considered for a permanent disability. This must be proven by testimony from a medical expert.
- Pain and Suffering: Injuries from a pedestrian accident may cause emotional, physical, and mental hardship. Damages for pain and suffering takes these into consideration. Keep in mind that there is no exact way to calculate such losses as it varies from case to case.
- Property Damage: Any repairs or replacement of personal property may be considered for reimbursement. This may include glasses and clothing.
If the negligent driver’s insurance policy is insufficient to cover such losses, discuss what options you have for recovery with a Turlock personal injury lawyer. To learn what to look for in a reputable lawyer, watch the below video.
Why is Having a Lawyer Important?
Many factors can influence liability in a pedestrian accident. They are often disputed by insurance companies who may attempt to pinpoint blame on the pedestrian for the incident. It takes an experienced personal injury lawyer in Turlock to investigate how the accident occurred, identify responsible parties and witnesses, and take appropriate legal action. A pedestrian will need a skilled injury lawyer who knows how to negotiate with insurance companies or litigate against them to recover the compensation they need and deserve.
Turlock Personal Injury Lawyer
I’m Ed Smith, a Turlock personal injury attorney. A pedestrian accident may result in some of the most catastrophic injuries on the spectrum. This is particularly devastating when they are caused by the negligence of someone else. If you or someone you love has been injured in a pedestrian accident caused by the negligence of another, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly case advice.
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Some of the many legal organizations I belong to are the National Association of Distinguished Counsel and the Million Dollar Advocates. The first group grants membership to the top one percent of attorneys nationwide who provide high standards of legal excellence to their clients. The other forum is comprised of trial lawyers who have achieved awards worth $1 million or more for a client.
Since 1982, I have helped Merced County residents recover fair compensation for their accident injuries. For information on how we have resolved prior cases for our clients, go to our Verdicts and Settlements page.
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