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  • By: Moss Bollinger
  • Published: January 24, 2024
A man kneeling on the road with his car in the background - Moss Bollinger LLP - Pedestrian Accident Lawyer

In this article, you can discover:

  • Some strategies for handling medical bills while you are awaiting your settlement.
  • The role of pure comparative negligence in personal injury cases.
  • The specific rules governing pedestrian accidents in California.
  • Factors influencing the timeline for resolving your pedestrian accident case.

How Can I Pay My Medical Bills While I Wait For My Pedestrian Accident Case To Settle?

To manage medical bills during the settlement of a pedestrian accident case, you have several options. If you have health insurance, you can use it to cover your medical expenses under plans like the Affordable Care Act. In cases of high deductibles, attorneys often have access to lines of credit or cash advances to assist in bill payment.

For those lacking insurance or with insufficient coverage, personal injury attorneys can connect you with medical providers who offer care on a lien basis. This means they provide treatment and wait for payment until your claim settles.

Additionally, if you have auto insurance, check for a Med-Pay plan, which could offer immediate financial relief. Your attorney can guide you through this process, including working with lien doctors if necessary, although they generally recommend seeing your usual healthcare provider.

What Is Pure Comparative Negligence, And How Could It Impact My Personal Injury Case In California?

Pure comparative negligence is a legal concept in California that allows for compensation in personal injury cases even when the injured party shares some fault. This principle means that if you are partially responsible for an accident, your compensation is reduced proportionally to your degree of fault.

For example, if you are found to be 50% at fault in a pedestrian accident, and the verdict is $250,000, you would be eligible to receive $125,000. This approach ensures that even if you are more at fault than the other party, you can still recover a portion of your claim, reflecting the other party’s degree of responsibility.

What Are The Rules For Pedestrians In California? Do Pedestrians Always Have The Right Of Way?

In California, the right of way for pedestrians is not absolute. While pedestrians generally do have precedence, there are conditions under which drivers hold the right of way.

Pedestrians may be found partially liable in accidents based on comparative negligence, depending on the specific circumstances. California Vehicle Code Section 21950 mandates that vehicles yield to pedestrians in marked or unmarked crosswalks at intersections.

However, pedestrians also have the duty to cross safely and not disrupt traffic flow. The law includes nuances for different scenarios, like crossing outside of crosswalks or when facing a red light or a “Don’t Walk” signal. These complexities can make insurance claims challenging, underscoring the importance of legal counsel in such situations.

How Long Will My Case Take To Resolve?

The resolution time of a pedestrian accident case varies based on several factors, including the complexity of injuries, the extent of required medical treatment, lost work time, and the need for occupational therapy. Gathering evidence like medical records, police reports, and surveillance footage is crucial. The experience and strategy of your attorney in negotiations or litigation also play a significant role.

The age of the client can affect the timeline; for example, cases involving elderly clients may progress more swiftly. In California, after filing a lawsuit, trials generally occur within 18 months, though this can vary. Understanding the full scope of injuries and liabilities is essential before settling or proceeding to trial. For more information on Settlements In Pedestrian Accident Claims, an initial consultation is your next best step.

Moss Bollinger LLP - Sherman Oaks, CA

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