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If you have been injured in an pedestrian accident give our office a call we will get you through this.  5594411418. 

Every day in California, pedestrians who are crossing in a crosswalk jogging down the street, walking through a parking lot and even walking through a parking lot are struck by negligent drivers.  A pedestrian does not have the luxury of a seat belt to protect them from the impact.  There are several areas where a pedestrian is even more at risk. near a construction site for example where there could be confusion of the site. 

HOW TO PROVE FAULT IN A PEDESTRIAN COLLISSION

Most pedestrian accident cases hinge on whether the pedestrian was where he was at the time of the impact.  This is especially true if the pedestrian was hit while crossing the street.  the defense will always say that the person crossed agains the signal.  If you crossed with the signal and were lawfully where you were supposed to be it could go a long way in the helping your case. 

IMPORTANT COMMONLY USED EVIDENCE IN PEDESTRIAN ACCIDENT CASES

1. Statements of any witnesses particularly witnesses who have no relatiionship with the pedestrian.

2. Photographs ro video (often red light cameras, from neighborhood businesses)

3. Skid marks (indicating location of impact) 

4.Cell phone records indicating the that the negligent driver was texting at the time of the accident.

WHAT WILL BE USED AGAINST YOU IF YOU ARE IN A PEDESTRIAN ACCIDENT 

6. Defense lawyers in pedestrian accidents often contend that the pedestrian was comparatively at fault for the accident. 

7. In California a pedestrian that is even 1 percent at fault may not be able to collect in a lawsuit.

8. Defense lawyers are pulling out all of the stops and try to convince a jury the pedestrian was distracted by a cell phone or mp3 player you will need a good investigator to destroy these defenses.

WHO PAYS FOR YOUR INJURIES SUFFERED IN A PEDESTRIAN ACCIDENT?

One of the first and most important isssues is whether there is insurance coverage to pay for the damages sustained by a pedestrian.  In other words was the driver at fault and did he have insurance to pay for the damages.  If the driver has insurance than the drivers insurance will pay for the injuries.  if the at fault driver does not have insurance or flees the scene then the pedestrians uninsured motorist policy will kick in and pay for the damages. 

If you or a loved on has been injured give us a call we can get you through this you need experienced counsel we can help 559 441 1418. 

 

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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