Primary impact injuries in pedestrian accidents are the physical trauma that a victim sustains when hit by a car. These injuries might include hip and pelvic fractures and are often a function of the vehicle’s speed and the height of the part of the vehicle that strikes them. In contrast, their secondary impact injuries occur when they roll under or over the car or are thrown onto the pavement.
The characterization of a victim’s injuries as primary or secondary can provide important clues about the negligence of the motorist who struck them. For example, primary injuries such as complex bone fractures and extensive organ damage might suggest that the motorist was speeding or driving recklessly. Given this, a San Diego pedestrian accident lawyer at CaseyGerry will frequently use the extent of a pedestrian’s injuries to prove the motorist’s negligence and advocate for the largest available compensation.
Can a Pedestrian Recover Damages for Primary and Secondary Impact Injuries?
Pedestrians can recover damages for all primary and secondary impact injuries when they can show that the motorist’s negligence was the direct and proximate cause. The facts about an accident might also indicate that more than one party is liable to pay damages. For example, pedestrians who suffer primary impact injuries–as a result of a first motorist’s negligence–can sustain additional primary impact injuries when they are thrown into the path of another motorist.
In complex pedestrian accident cases where liability for damages may attach to multiple parties, an experienced San Diego personal injury lawyer is a victim’s best resource. They can identify every responsible party to recover the full amount of compensation that the injured pedestrian deserves.
What Happens When a Pedestrian Seeks Damages?
Establishing liability for primary and secondary impact injuries can be a complex process that involves a thorough analysis of all available evidence and reconstruction of the accident by qualified experts. Under California’s pure comparative negligence standards, a motorist might also allege that the pedestrian was negligent.
Given this, after most pedestrian accidents, our team will interview eyewitnesses, review police and vehicle damage reports, including the results of any drug and alcohol tests administered to both the motorist and the pedestrian, analyze medical records that show the nature and extent of the victim’s injuries, and examine all evidence of their losses that are connected to the accident.
Should an Accident Victim Accept an Insurance Company Settlement Offer?
When liability for primary and secondary impact injuries is undisputed, the negligent party’s insurance company might offer a quick settlement. In almost every case, those early settlement offers fall far short of the compensation an injured pedestrian is entitled to recover.
If you have suffered a primary or secondary impact injury in a pedestrian accident, be careful about discussing your incident and injuries directly with an insurance company or accepting any settlement offers. If, instead, you hire an experienced attorney to manage communications with insurers, you will likely receive a better offer.
Call CaseyGerry in San Diego, CA, for a Free Consultation
Since 1947, residents of Southern California have trusted our team of California personal injury attorneys. Please call our San Diego offices for a no-fee, no-obligation conference with a lawyer who can protect your rights while fighting for the damages you need to recover from your primary and secondary pedestrian accident injuries. Since we work on a contingency basis, there are no upfront legal fees.
