Damages in San Mateo Pedestrian Accidents

Thousands of pedestrians die every year due to being struck by vehicles. Thousands more are injured. Oftentimes, these injuries are to the person’s head, neck, spinal cord, and legs. A person walks away from a pedestrian accident with a future filled with medical bills, surgery, and physical therapy. These unexpected costs can be crippling.

The Importance of Liability

Liability affects a case’s value. The state follows a pure comparative negligence model, which allows a person to recover compensation even if the they are mostly at fault for the accident. That means that if a pedestrian is 99% responsible, they will recover damages equal to one percent. When the pedestrian is totally responsible for the collision, they cannot recover any damages. An experienced attorney will know how liability impacts the total damages one can accrue when they have suffered from a pedestrian accident in San Mateo.

A pedestrian must show a driver is liable by proving the following factors:

• The driver owed a genuine duty of care to the plaintiff
• The driver violated that duty
• The driver’s conduct caused the plaintiff’s injuries
• The plaintiff endured legally recognized injuries as a result

Some factors causing a driver’s negligence include speeding, driving under the influence, or distracted driving. When an attorney successfully proves that the other side is liable, the claimant is more likely to receive larger compensation.

Types of Damages

There are three types of damages available: economic, non-economic, and punitive.

Economic Damages

Economic damages are tangible in that there are typically receipts or monetary amounts documenting the costs of their losses. Some examples include medical bills, lost income, and repair costs.

Non-Economic Damages

These damages are subjective, as they can include concepts like mental anguish, pain and suffering, and reduced quality of life. It is best to consult with a personal injury attorney who can gauge what kinds of damages a person can successfully seek.

Punitive Damages

Punitive damages are exemplary and meant to punish the defendant and deter future similar action. They are usually at the court’s discretion. Courts do not often apply punitive damages unless the defendant’s behavior is particularly egregious. Most importantly, this state has a two-year statute of limitations, which allows a person around two years from the date of the incident to file a claim.

A lawyer who adheres to the statute of limitations could file the pedestrian accident case on time so the injured person can receive full damages.

Consult an Attorney in San Mateo on Damages in Pedestrian Collisions