Pedestrian accidents almost always result in severe injuries for victims. The human body is not built to withstand an impact from a vehicle weighing several thousand pounds moving at speed. While any type of pedestrian accident is tragic, it can be even more heartbreaking and frustrating if the car’s driver struck you on purpose. Whether the driver was in the throes of road rage or was under the influence of drugs or alcohol, their negligent decisions have caused a negative impact on your life. If you have been involved in a pedestrian accident where you were intentionally hit, you have legal recourse to recover compensation for your damages, including medical bills, lost wages, and more.
What Compensation is Available to a Pedestrian Intentionally Hit by a Driver?
In a pedestrian accident lawsuit, a victim can seek compensation for three main types of damages: economic, non-economic, and punitive. Economic damages are financial losses you’ve experienced due to your accident. These include, but are not limited to, expenses for surgeries and doctor’s visits, personal property repair or replacement costs, and the loss of wages while you were incapacitated. Non-economic damages cover less tangible losses, such as the pain and suffering the accident caused you to feel.
Punitive damages are awarded when the victim can prove that the driver’s actions were grossly negligent or malicious. While punitive damages can apply in many pedestrian accident cases, they are prevalent in situations where the car’s driver struck the victim on purpose. Punitive damages are meant to punish the offender for their actions and act as a deterrent against others making the same choices.
What Consequences Can a Reckless Driver Face?
Drivers who negligently endanger the lives of pedestrians can face much more than economic repercussions. They can also be charged with a criminal offense under California law if the court determines that their actions showed reckless disregard for the safety of others. If a pedestrian dies as a result of a driver’s deliberate actions, the driver will likely be charged with vehicular manslaughter, which is a felony that can result in several years of prison time.
A negligent driver also risks losing their driver’s license if they deliberately injure a pedestrian. The state can revoke their driving privileges, especially in cases where drugs or alcohol are involved. A driver may eventually regain their license, but it is usually a long, costly process.
How Can a Lawyer Help If You or a Loved One Have Been Injured in a Pedestrian Accident?
The time after an accident can be chaotic and challenging. You need to be able to focus on your recovery and spending time with your family. An experienced pedestrian accident lawyer can remove much of the unnecessary stress from your shoulders by ensuring that your case is handled properly. They will gather the evidence needed to support your claim and be there to guide you every step of the way. Call (949) 749-7402 to set up a free, no-obligation consultation with a compassionate pedestrian accident attorney today.