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Let Our Orange County Pedestrian Accident Lawyers Help You Move Forward
When you’ve been hurt by a drunk driver, what you need is a compassionate legal team in your corner—people who can take the weight off your shoulders while you focus on healing from your injuries and moving forward with your life. At Case Barnett Law, we understand what you're going through. Our experienced pedestrian accident attorneys advocate for you throughout the process of resolving your personal injury claim, so you can concentrate on recovering and putting this nightmare behind you.
Proving a Driver Was Under the Influence
At first glance, it might seem like drunk driving would be easy to prove. Erratic driving, slurred speech, or the strong smell of alcohol certainly can help point toward driving under the influence (DUI), but a full investigation still needs to be conducted to build your case for compensation.
An experienced Orange County pedestrian accident lawyer from Case Barnett Law can help prove your case by:
- Obtaining the police report. A police report details the officer's observations of the driver's behavior and any field sobriety tests administered. It can be a valuable tool to show that the driver who hit you was intoxicated.
- Securing witness statements. Eyewitnesses can provide valuable information about the driver's condition before the collision. Witness accounts can significantly bolster your case.
- Requesting blood alcohol content (BAC) results. Assuming the driver submitted to a chemical test, these results provide concrete evidence of intoxication. A BAC level exceeding the legal limit of 0.8% is a powerful piece of evidence to establish the driver's negligence.
Understanding Your Recovery for Damages
California law recognizes the importance of drivers taking steps to ensure pedestrian safety, but it doesn’t mean that pedestrians aren’t responsible for their own actions. If you were jaywalking or engaging in other unsafe behavior when the incident occurred, you could be declared partially negligent.
The degree of fault attributed to each party plays a crucial role in determining the appropriate level of compensation under California's comparative negligence law. The court will determine the percentage of fault each person bears for the accident. If you were jaywalking, for example, the driver's insurance company will likely argue that you share some of the blame for the accident, thus reducing the amount of compensation you receive. Every case is unique, but if the court finds you 20% at fault for jaywalking, your total compensation award will be reduced by 20%.
Medical expenses, lost wages, pain and suffering, and reduced earning capacity are the main types of damages you can recover in a drunk driver pedestrian accident.
Medical Expenses
This includes past and future medical expenses related to your injuries. Our experienced Orange County personal injury lawyers can ensure all accident-related medical care is documented and included in your claim, including doctor visits, emergency room care, hospital stays, surgery, physical therapy, medication, and even potential future surgeries.
Lost Wages
If your injuries prevent you from working, you can be compensated for lost income. This includes not only your base salary but also any bonuses, commissions, or overtime pay you typically earn. We will gather proof of your lost wages, such as pay stubs and tax returns, to ensure you receive full compensation for the income you're unable to earn due to the accident.
Pain and Suffering
Being hit by a car while walking can cause severe physical discomfort and emotional distress. The long-term impact on your quality of life will be factored in. This might include pain, scarring, emotional trauma, anxiety, depression, and sleep disturbances. Our legal team will work with medical professionals to document the severity of your pain and suffering and the impact it has on your daily life.
Reduced Earning Capacity
Brain injuries and spinal cord injuries that permanently impact your ability to work and earn a living may entitle you to compensation for future lost wages. This could include retraining or vocational rehabilitation if your injuries prevent you from returning to your previous line of work.
Reasons to Consult an Orange County Pedestrian Accident Lawyer
Drunk driving is a serious offense, but it doesn't automatically guarantee full compensation. Let’s take a look at some of the benefits you’ll gain when you choose to work with our firm.
Uncover All Related Costs
Medical bills can quickly spiral out of control, leaving you with a financial burden. A lawyer can ensure all accident-related medical expenses are identified and included in your claim. This includes not only immediate needs but also potential future costs such as physical therapy equipment, home modifications due to your injuries, or ongoing medical care. They can anticipate these future needs and factor them into your overall compensation package.
Understand and Maximize Insurance Benefits
Both your insurance coverage and the at-fault driver's policy play a role in your claim. An attorney can navigate the complex legalese of insurance policies and ensure you receive the maximum payout from both. This might involve exploring options like underinsured motorist coverage or addressing potential bad faith practices by the insurance companies.
Negotiate for a Fair Settlement
It is not uncommon for insurance companies to offer quick settlements at low amounts. A lawyer will fight for a settlement that reflects the true severity of your injuries and their long-term impact, regardless of the cause of the accident. They will build a strong case highlighting the drunk driver's negligence as the primary cause and fight for a settlement that covers not just immediate needs but also future medical care and lost wages.
Represent You in Court
If a fair settlement isn't reached, a pedestrian accident attorney will represent you in court. Their skills and experience will protect your rights and increase your chances of a successful outcome. They will be prepared to present evidence that the drunk driver's negligence caused the accident and argue for the compensation you deserve.
Finding the Right Orange County Pedestrian Accident Lawyer
With so many lawyers to choose from, how do you know which one is right for your case? It may be tempting to just pick the first name you see, but taking the time to do your homework can increase your odds of a positive outcome for your claim.
Consider these factors when deciding who to trust with your legal representation:
Strong Record of Success
Look for an attorney with a proven history of handling pedestrian accident cases similar to yours. A strong track record demonstrates their ability to secure favorable outcomes for their clients.
Free Consultation
Most lawyers offer free initial consultations to discuss their experience, approach, and fee structure. This will give you a sense of how they plan to handle your case and whether they are the right fit for you.
Willing to Answer Questions
At your first meeting, don’t hesitate to ask questions. Inquire about their experience with similar cases, their negotiation tactics for maximizing compensation, and their success rate in taking cases to trial if necessary.
Positive Testimonials
Read testimonials on the lawyer’s website to see what past clients have to say about their services. You shouldn’t make a decision based on reviews alone, but a history of positive feedback is a strong indication that a lawyer has the skills to meet your needs.
High Level of Cmfort
It’s important to find a lawyer you feel comfortable working with. Look for someone who is empathetic to your situation, understands the nuances of your case, and is committed to advocating for your best interests.
The term “personal injury lawyer” often conjures up images of ambulance chasers out to make a quick buck, but Case Barnett Law is a different type of law firm. We help accident victims tell their stories, hold negligent people or corporations responsible for their actions, and fight for justice. Our firm values stress doing the right thing, being creative problem-solvers, and having the courage to never back down from a fight.