Is It Worth Getting An Attorney For A Pedestrian Accident?

Navigating the aftermath of a pedestrian accident can feel like maneuvering through a complex maze. The physical and emotional trauma you sustained from the incident is only the beginning. Just when you think you’ve got enough on your plate, the real challenge kicks in. Imagine the dread that sets in as you wake up from your surgery and realize the long road of physical and financial recovery lies ahead.

Having to deal with insurance companies also increases your burden. These profit-driven businesses might reject your claim, leaving you without a way to recover your losses. In some instances, they offer settlements that seem tempting at first glance but fall short of what you truly deserve. Juggling all these legal struggles while still healing from your injuries can be overwhelming.

This is where having a skilled pedestrian accident attorney by your side becomes invaluable. They bring essential expertise, including a deep understanding of local laws, aggressive representation, and precise damage calculations. Hiring a lawyer is a smart move to enhance your chances of achieving a successful claim. They serve as your strongest advocate, guiding you through intricate legal processes and fighting to secure the compensation you deserve.

Why Hiring A Pedestrian Accident Lawyer Is Worth The Money

While it’s possible to handle a pedestrian accident case on your own, enlisting the help of experienced lawyers can ensure your rights are protected every step of the way. Pedestrian accidents can lead to overwhelming financial challenges, involving mounting medical bills and lost income. Though hiring a lawyer may initially seem like an extra expense, it is often a wise and valuable investment.

A skilled lawyer is more than just a legal advisor — they are your advocate who can help you obtain justice. Ultimately, the peace of mind and financial security they offer make their services invaluable.

Here are solid reasons why hiring a lawyer for your pedestrian accident is worth it:

You Receive Expert Guidance Through The Process

Navigating the legal system after a pedestrian accident can be incredibly challenging, especially while you’re still recovering from injuries. The legal process is complex, involving multiple stages that require attention to detail and a deep understanding of the law. With a seasoned pedestrian accident lawyer, you gain access to years of experience that will ultimately be beneficial to your case.

Your lawyer will handle all the necessary paperwork, ensuring it is accurately completed and submitted within strict deadlines. This would help prevent any errors that could jeopardize your claim. They will strategically guide you through each step, from filing the initial claim to potential court appearances, ensuring that your case is solid and your rights are upheld.

You Can Focus On Your Recovery

A lawyer’s support and guidance not only enhance your chances of a favorable outcome but also provide peace of mind. You can focus on your recovery while your lawyer handles the complexities of the legal process.

Tragically, pedestrian accidents commonly result in catastrophic injuries. Depending on how the incidents happen, victims might sustain traumatic brain injuries (TBIs), whiplash, fractures, and more. The physical and emotional toll of these injuries is immense, making it challenging to focus on anything else. The stress of balancing medical treatment, rehabilitation, and legal proceedings can quickly become too much to handle, leaving victims feeling exhausted.

Even the victim’s family members have their own set of challenges. If they lose a loved one in a hit-and-run accident, for example, they are left to cope with profound grief. At the same time, they have to file a wrongful death suit for their loved ones. In such difficult times, having a skilled lawyer by your side is crucial.

They will handle the legal tasks on your behalf, providing you with the space and time you need to focus on your recovery. You won’t have to worry about filing documents, meeting deadlines, or negotiating; your lawyer will take care of it all. This support gives you the breathing room you need to heal from your injuries without impeding your claim’s progress.

You Obtain Aggressive Representation

Pedestrian accident cases could involve battling powerful insurance companies and other large, well-funded opposing parties. At this stage, many things could go wrong. These corporations will go to great lengths to minimize their liability and reduce the compensation you deserve.

Insurance companies are notorious for delaying or denying legitimate claims. They will leverage their vast resources to outmaneuver victims. However, lawyers who specialize in pedestrian accident cases will stand firm to safeguard your best interests. They will deal with the claim adjusters and fight for a just settlement on your behalf.

If out-of-court negotiations don’t work, pursuing litigation might be the next step. Nonetheless, you do not need to worry when you reach this stage. Pedestrian accident attorneys are capable of presenting evidence in court to convince the jury or judge to award you fair compensation. Having them on your side will give you confidence that you can take on even the biggest corporations.

You Have Higher Chances Of Receiving Maximum Compensation

As a pedestrian accident victim, you may be eligible to claim damages in a personal injury case. However, obtaining that compensation can be challenging, especially when facing powerful opponents determined to minimize payouts. A knowledgeable pedestrian accident lawyer can calculate the potential compensation you deserve. They will take into account all your losses, including your medical expenses, property damage, lost wages, and pain and suffering.

Your pedestrian accident lawyer will build a comprehensive picture of the financial and emotional toll the accident has taken on you. This thorough approach ensures that every aspect of your damages is considered when we initiate the claim. By doing so, your attorney protects you from being shortchanged by insurance companies or opposing parties who might attempt to minimize your compensation.

You Don’t Have To Pay Upfront Fees

One of the biggest concerns people have about hiring an attorney is the potential cost. It’s understandable — a victim who’s already facing high medical costs might hesitate to take that step, fearing the added financial burden. However, many pedestrian accident attorneys work on a contingency fee basis. This payment structure means victims won’t worry about upfront costs for legal services, making quality representation accessible to everyone, regardless of their financial situation.

In a contingency fee payment arrangement, your attorney’s fees are calculated as a percentage of your settlement. This is usually between 33% and 40%. Importantly, these fees don’t come out of your pocket — your lawyer only gets paid if they win your case and secure a settlement for you.

This payment structure also ensures that your attorney’s success is directly tied to yours. You can be confident that your team of pedestrian accident lawyers is fully invested in getting the best outcome for your case. If you’re still unsure, our firm offers free initial consultations. You can explore your legal options without any financial risk, giving you the peace of mind you need to make an informed decision.

How Will Your Attorney Win Your Pedestrian Accident Claim?

Pursuing a pedestrian accident claim entails undergoing a rigid legal procedure. Seeking assistance from an attorney who specializes in this field is critical, as they will ensure that you navigate the legal system correctly. Below is an overview of how a lawyer handles pedestrian accident cases:

Conduct A Thorough Investigation And Gather Evidence

Determining what caused the accident and who’s to blame can be challenging. This is particularly true when various factors are involved. A detailed investigation and timely collection of evidence are essential.

Your pedestrian accident lawyers will carefully investigate the accident scene and reach out to witnesses. They will look for any information or details that can point them in the right direction. This will also help them obtain evidence that can strengthen your case.

Some key pieces of evidence for your claim include:

• Pictures and videos of the accident scene, wrecked vehicle, other damaged properties, sustained injuries, and road characteristics, such as skid marks, potholes, and mud.
• An accident report with the at-fault party’s statement, details of the accident, the officer’s conclusion on the responsible party, and any traffic citations issued.
• Contact information for all involved parties and their insurance details.
• Your footwear and clothing from the accident.
• Medical records and bills detailing the injuries you incurred, necessary treatments, recovery timeline, and related expenses.
• Proof of lost earnings, such as missed pay stubs and payrolls, approved sick and vacation leave forms, and income tax returns.
• Testimonies from field experts, like medical professionals, collision reconstruction officers, and economic specialists.

Collecting evidence should begin immediately after the accident. The best way to ensure all crucial evidence is preserved is to work with lawyers specializing in pedestrian accident cases. They have the expertise to identify and recover vital information that can support your claim.

Identify The Liable Parties

Your pedestrian accident lawyer will then identify who’s responsible for compensating you. In fault-based states like California, the at-fault party is liable for your losses. They may include the following:

• Drivers — Most often, motorists are held accountable for traffic accidents. They must exercise caution and avoid causing harm to other drivers, cyclists, and pedestrians. If they act recklessly, such as by driving while intoxicated or speeding, and injure a pedestrian, they can be held responsible for the resulting damages.
• Employers — Employers can be held responsible for their employees’ actions, even if they didn’t directly cause the accident. The principle of vicarious liability holds employers responsible for the actions of their employees while the latter are acting within the scope of their employment.
• Property Owners — Property managers and owners can be liable if they neglect to keep their premises safe and well-maintained, potentially causing premises liability-related accidents. For example, if you slip on ice or get injured by uprooted trees in a parking lot, you may be able to file a claim against the property owner.
• Dog Owners — In states like California, dog owners may be strictly liable for injuries caused by their pets. For instance, in dog bite cases, victims only need to prove that they were not trespassing or provoking the dog and that they sustained bodily harm. Different laws apply when a dog knocks over a pedestrian or causes them to run into traffic and get injured.
• Government Offices — State, county, or local governments may be liable for pedestrian accidents if they fail to maintain safe infrastructure. Negligence can include poorly maintained roads, flawed intersection designs, and inadequate traffic signals.

Identifying the parties liable for your injuries is critical to your claim. However, this process is complex and calls for lawyers with expertise in pedestrian accident claims.

Establish Negligence

Lawyers establish liability in a pedestrian accident based on the concept of negligence, which arises when legal duties are breached. To succeed, you must prove the other party’s negligence, which involves the following four elements:

• Duty Of Care — As the injured party (plaintiff), you must demonstrate that the defendant owed you reasonable care. For example, motorists have a legal obligation to follow pedestrian right-of-way laws. They must ensure foot traffic safety by slowing down and adhering to traffic rules.
• Breach Of Duty — Second, you must exhibit that the responsible party violated his legal duty of care. You should prove that they behaved negligently, creating a situation where the risk factor was higher than it should have been. For example, the driver might be deemed negligent after speeding at a crosswalk, posing a significant danger to the crossing pedestrians.
• Causation — Next, you must show that the at-fault party’s negligence directly led to your injuries. Their breach of duty should be a direct cause of your accident.
• Damages — Finally, you need to prove that you sustained damages because of the accident. These include medical bills, lost earnings, mental distress, and pain and suffering.

Establishing the elements of negligence can be challenging. Insurance companies and the liable party’s legal representatives often try to shift blame onto the victims to minimize the settlement. However, with the support of an experienced attorney, you can overcome these obstacles and strengthen your case. Your pedestrian accident lawyer will utilize a range of resources to gather compelling evidence that supports your claim.

Calculate Your Damages

Compensation aims to restore you to your pre-incident state and help you cope with your present and future burdens. Depending on the severity of your injuries and their impact, you might be entitled to recover monetary compensation for the following:

• Emergency medical care
• Continuous medical treatments
• Future medical expenses
• Rehabilitation and therapy
• Missed earnings, including present and future
• Permanent or temporary disabilities
• Scarrings and deformities
• Pain and suffering
• Emotional distress
• Loss of confidence
• Loss of enjoyment of life
• Loss of consortium
• Wrongful deaths

Calculating an accurate personal injury compensation amount can easily get complicated. Your pedestrian accident attorney will carefully assess all factors to ensure a precise valuation.

Submit A Claim

The next step in pursuing your pedestrian accident case is to file a formal claim. The lawyer handling your pedestrian accident case will initiate this process by drafting and sending a demand letter to the insurance company. This crucial document outlines the specifics of the incident, including a detailed account of how the accident occurred, the injuries you sustained, and the impact these injuries have had on your life.

The demand letter will also enumerate the financial and non-financial damages you’ve suffered. Finally, it will specify the compensation amount you are seeking to cover these losses. By presenting a clear and comprehensive demand letter, your lawyer sets the stage for negotiations with the insurance company.

Negotiate With Insurance Companies

After filing your personal injury claim, insurance companies will initiate negotiations. At this stage, your lawyer will present the evidence and supporting documents they have meticulously gathered to justify your demands. However, insurance companies are often more focused on protecting their profits than on fairly compensating victims. It’s common for insurers to offer lowball settlements, hoping to minimize their payout. The same situation may also happen to you, but your pedestrian accident lawyer will vigorously defend your rights and push back against any unfair offers.

If insurance companies are not willing to compromise and meet your terms, your case may go to trial. In court, your attorney will present evidence and employ strategic arguments to build a compelling case. Although trials may take a long time, an experienced attorney will ensure that the process runs smoothly and that you are well-prepared for each phase.

Why Do You Need A Lawyer For A Pedestrian Accident?

Many people might think pedestrian accidents only involve walking individuals, but the definition extends beyond people walking along the roadside. Pedestrians include anyone moving on foot, whether running, jogging, hiking, or even sitting or lying down.

Under California law, the definition of a pedestrian is even broader. It encompasses anyone using human-powered transportation, excluding bicycles. It includes individuals using self-propelled wheelchairs, crutches, or other mobility aids due to physical impairments, as well as those on non-electric scooters, skateboards, or roller skates. This broad definition means that pedestrian accidents can involve a wide range of scenarios, each with its own set of legal challenges.

Pedestrian accidents can occur in many ways. A person crossing an intersection might be struck in a car accident, while an early morning jogger could get injured in a slip-and-fall due to a poorly maintained path. Even a pedestrian walking casually on a sidewalk isn’t immune. They could be suddenly involved in a rideshare accident when a driver recklessly parks to drop off a passenger who opens a door directly into their path.

The varied nature of pedestrian accidents makes it essential to understand your rights and navigate the complexities of the law. It’s not just about physical recovery; you’ll also face a challenging legal system. Identifying who’s responsible, negotiating with insurance companies, and securing fair compensation all require a solid understanding of the legal system.

In these situations, having lawyers who specialize in pedestrian accident cases is invaluable. They can provide the legal assistance you need to recover both physically and financially.

How Common Are Pedestrian Accidents?

Pedestrian deaths and injuries are still prevalent. In 2022, the National Safety Council (NSC) posted data revealing that approximately 9,188 pedestrians lost their lives. These figures include accidents in non-traffic areas such as driveways, parking lots, and other private property. Meanwhile, 7,522 individuals tragically passed away due to traffic accidents on public roads.

Around 84% of these pedestrian accidents happened in urban areas, with 76% occurring on open roads and 24% at intersections. Notably, pedestrian fatalities were higher on Saturdays (1,278) and Fridays (1,121).

These statistics show how pedestrian accidents have remained prevalent in the past few years. People also continue to suffer from the catastrophic injuries and emotional trauma caused by these incidents. Filing a personal injury claim may not always be simple, but victims can rely on the assistance of their pedestrian accident attorneys. Their lawyers can help them hold the negligent parties accountable and recover compensation for their damages.

Traffic Rules For Pedestrian Safety

The general rules of the road establish that pedestrians have the right of way and motorists are obligated to yield. These rules are especially applicable in the following areas designated for pedestrian use:

Crosswalks

California defines crosswalks as designated areas for pedestrians to cross the street safely. White lines typically mark this area. However, even without them, any two roads meeting at a right angle are considered unmarked crosswalks. Here, pedestrians have the right of way, while drivers must adhere to the following rules of the road:

• All drivers must yield to the people in the crosswalk and slow down or come to a complete stop before the stop line.
• Motorists must stop whenever a pedestrian is in their path or close enough to pose a threat.
• Drivers must not pull ahead of any vehicle stopping before a crosswalk, as the latter might be yielding to crossing pedestrians.

Intersections

An intersection is where two roads meet. It can include a side street, alley, entrance to a freeway, or any other location where vehicles cross. Here, pedestrians have the right of way, regardless of whether there is a “STOP” or “YIELD” sign.

Roundabouts

An area is considered a roundabout if traffic flows around a center island counterclockwise. Vehicles must stop and allow vulnerable road users, particularly pedestrians, to pass as they approach or exit a roundabout.

Furthermore, pedestrians can now easily navigate roads, especially in urban areas with limited crosswalks. Jaywalking has been decriminalized since January 1, 2023. According to the new “Freedom to Walk Act,” people on foot will not receive tickets for jaywalking except when they cross the street in a hazardous way. This law implies that pedestrians will be more free to cross the road outside a crosswalk, provided they do it safely.

California has many laws protecting pedestrians, but not all pedestrians are aware of their rights. Understanding them can be difficult, even for experienced individuals. Lawyers who are experts in pedestrian accident cases can explain these rights in easy-to-understand terms. They will ensure that you are fully informed and empowered to make decisions for your case.

Types Of Pedestrian Accidents A Lawyer Can Handle

Pedestrian accidents can occur in many ways. Some examples are:

Backup Accidents

A backup accident can occur when a vehicle reverses out of a parking spot or driveway. Although backup cameras are already standard features in new cars, many individuals still drive without this technology. Consequently, they might not notice a pedestrian behind their vehicle and end up backing into them.

U-Turn Accidents

Cars making U-turns can be risky for pedestrians trying to cross the road. When turning in other directions, drivers may focus solely on oncoming traffic and merging into their intended lane. As a result, they may lose sight of pedestrians who may already be crossing.

Intersection Accidents

Accidents at intersections are common occurrences in the Golden State, often involving pedestrians. These incidents can take place when vehicles making turns do not yield to pedestrians crossing the street. Other causes of these crashes include the following:

• Speeding
• Fatigued driving
• Distracted driving
• Drugged and drunk driving
• Running a red light or stop sign

“Multiple Threat” Accidents

Many freeway accidents involve pedestrians due to “multiple threat” risks. These situations commonly arise when several vehicles stop, creating hazardous blind spots. A stationary car can block the view of other drivers, making it difficult for them to see pedestrians crossing in front of the stopped vehicle. This risk is particularly high when a shorter pedestrian, such as a child, is crossing, as they can be easily hidden from the view of oncoming drivers.

Bus Accidents

Pedestrians boarding or leaving buses are vulnerable to accidents. Some drivers may not stop for school buses, putting children in particular danger. For example, a speeding car might fail to stop at a school bus stop sign, leading to a collision with children as they board the bus. Bus accidents involving pedestrians can happen if the driver is distracted, unaware of the school bus stop, or intentionally disregards the law.

“Trapped” Pedestrian Accidents

Pedestrians may become stranded in the middle of the road when attempting to cross at a “Walk” signal, and the light switches to “Don’t Walk.” This is especially dangerous when inconsiderate drivers fail to yield to them. For instance, an impatient driver may lose their temper waiting for someone to cross. They might decide to drive past an elderly pedestrian who takes longer to cross and is caught in the middle of the road.

Slip-And-Fall Accidents

Many hazards can cause pedestrians to slip, trip, or fall on sidewalks, parking lots, and other public spaces. These incidents may occur due to dangerous road conditions, such as potholes or slippery pavements after a storm. In such cases, victims may hold the government accountable for their injuries.

Building owners are responsible for accidents in adjacent areas. According to the premises liability rule, they must keep their properties, including parking areas and nearby sidewalks, safe and free of hazards.

Construction Accidents

Construction sites are unsafe zones full of dangers. That is why you often see workers wearing safety gear and strictly following precautions. However, these rules may not always protect pedestrians and passersby. Individuals walking through these areas may sustain construction-related injuries due to falling debris or insufficient supervision of operations.

Dog Attacks

Pedestrians can also be involved in accidents caused by dogs. Joggers could get bitten anywhere, from sidewalks to parks. An aggressive dog might also startle pedestrians, prompting them to run across the street in a panic, which can lead to them being struck by oncoming vehicles. These situations highlight the dangers that loose or aggressive dogs can pose to people on foot.

Hit-And-Run Accidents

A hit-and-run incident occurs when a driver leaves the collision scene without providing contact information or assisting those affected. After a hit-and-run, victims suffer serious consequences. Pedestrians, in particular, lack safety gear to protect them in the event of a crash. Thus, they are more likely to sustain catastrophic injuries.

Pedestrian accidents should never be taken lightly. If you sustain injuries in a pedestrian accident, it’s crucial to contact a lawyer immediately. No matter how challenging your claim may seem, having legal representation significantly increases your chances of a successful outcome.

Different Injuries Sustained By Pedestrian Accident Victims

Unfortunately, pedestrian accidents often result in far more severe injuries than other types of crashes. Unlike drivers, who are protected by safety features like airbags,  which are one of the most important safety innovations, pedestrians are entirely vulnerable when a vehicle strikes them. As a result, the injuries sustained in pedestrian accidents can range from minor scrapes to life-altering traumas, depending on the circumstances of the collision.

Clients with related claims frequently report the following bodily harm:

• Head & Brain Injuries — Pedestrians who hit their heads on hard surfaces, such as a car or the pavement, may sustain head and brain injuries. Mild concussions may heal over time, but severe cases require extensive treatment.
• Spinal Cord Injuries — Victims hit by a vehicle or those who fall on their back risk damaging their spinal cord. These spinal cord injuries can lead to paralysis and other long-term effects, especially if left untreated.
• Internal Injuries — Unlike visible bodily harm, injuries like organ damage and internal bleeding may not be immediately apparent. If left undiscovered, they can be fatal to the victim.
• Fractures — High-impact collisions can break pedestrians’ wrists, hands, arms, shoulders, legs, shoulders, or pelvis. Minor fractures may heal on their own, but serious ones need casting and surgery.
• Psychological Impacts — Apart from physical damages, pedestrian accident victims may also develop psychological issues, impacting their emotional and mental stability. Examples are anxiety, emotional distress, and PTSD.
• Wrongful Deaths — The loss of a loved one in a pedestrian accident leaves families heartbroken and scarred. While nothing can bring back a life, the compensation for the damages in a wrongful death case can help families cope with the financial burdens.

Whether dealing with bodily injuries or wrongful deaths, you will need the help of your pedestrian accident attorney. They’ll calculate your potential compensation and negotiate a fair settlement with insurers.

When Should You Seek Help From A Pedestrian Accident Attorney?

While there is no specific rule for when you should see a personal injury lawyer, it is wise to do so as soon as possible. An experienced attorney can be invaluable in these situations:

• When You Don’t Know Your Deadlines — Pedestrian accident claims typically follow a two-year filing window. Missing the statute of limitations can severely diminish your chances of receiving compensation. However, certain circumstances can either shorten or pause this deadline. An attorney will ensure that all legal procedures are completed within the appropriate timeframe, preserving your right to compensation.
• When You’re Dealing With Serious Injuries Or The Death Of A Loved One — If you or a loved one has suffered severe injuries or if the accident has resulted in a wrongful death, this is when you need an attorney. These cases involve significant financial burdens, such as medical bills, rehabilitation costs, lost income, and funeral expenses. An attorney can help you secure a settlement that fully covers these expenses, ensuring you are not left financially devastated.
• When Your Claim Is Disputed — A comprehensive investigation is imperative when liability is unclear. If you get wrongly accused of causing the accident, you risk having your claim reduced or rejected. Your legal team will work to demonstrate the defendant’s negligence.
• When Insurers Refuse To Settle — You need a skilled lawyer to step in when insurance companies refuse to offer a fair amount. Insurance providers are businesses that will protect their bottom line by minimizing or denying your claim. An attorney can counter these strategies and negotiate a fair settlement on your behalf.

In each of these situations, having a lawyer for your pedestrian accident case is beneficial. Still, it’s best to have a lawyer from day one. Having a lawyer involved from the beginning means you’ll be better prepared to deal with any challenges that arise.

What Should You Do After A Pedestrian Accident?

What you do immediately following a pedestrian accident will significantly impact your recovery and well-being. Taking the right actions can also help protect your rights and ensure you receive the compensation you deserve. Here’s a simple step-by-step guide for pedestrian injury victims:

Stay Calm & Ensure Your Safety

It’s normal to feel disoriented after a pedestrian accident. However, you should do your best to maintain your composure and prioritize your safety. If you’re in the middle of the road and able to move, immediately relocate to the nearest safe sidewalk or curb.

If you’re severely injured and in pain, do not move and wait for emergency responders to arrive. Call 911 immediately. Once at the hospital, a doctor can document your injuries, which can be crucial for any future claim.

Report To Law Enforcement

In many cases, witnesses may have already called the police, but if no one has, you need to initiate the report. Responding authorities will create an accident report that includes crucial details, such as how a vehicle hit you while taking the crosswalk. This document can support your claim for compensation later.

Without a police report, establishing liability can become more challenging, leaving the decision largely in the hands of insurance companies. In such situations, claim adjusters and defendants may exploit the lack of an official report to deny or minimize your claim for damages.

Document The Accident Scene

Capture photos and videos of the scene, including any hazards, your injuries, and your surroundings. This visual evidence can help piece together the events leading up to the accident and provide crucial support for your case.

Gather Vital Information

If a person, animal, or object caused the accident, gather as much information as possible about them, including descriptions or any identifiable features. In a motor vehicle accident, ensure that you obtain the driver’s name, contact information, and license plate number. You may also ask witnesses for their names and phone numbers so you can contact them if you need someone to testify about the incident.

However, avoid discussing fault or apologizing, as anything you say could be used against you later. It’s crucial to be mindful of your words and actions immediately after the accident. Instead of admitting fault, prioritize gathering information and ensuring your safety.

Notify Your Insurance Company

Inform your insurance company about the accident, regardless of who was at fault. Failing to report the incident could violate your policy’s terms and potentially jeopardize your coverage. However, it’s often best to have your pedestrian accident attorney handle communication with the claims adjusters. They are skilled in handling these conversations, ensuring your rights are protected and that your claim is not accidentally compromised.

Seek Help From A Pedestrian Accident Attorney

If you get injured in a pedestrian accident, you will likely need a lawyer to represent you. The same is true if one of your loved ones passes away due to such an incident. Negotiating with insurance companies and accepting an offer without fully understanding your rights is risky.

Without a lawyer on your side, it can be challenging to determine what constitutes fair compensation for your particular situation. Though legal representation may initially seem costly, many pedestrian accident lawyers work on a contingency basis, meaning there are no upfront costs for you. Furthermore, initial consultations are often free, allowing you to discuss your case without financial commitment.

How To Find The Best Pedestrian Accident Lawyers

Each pedestrian accident attorney’s abilities vary. When choosing a legal advocate to represent you, it is important to consider various factors that significantly impact the success of your claim.

Here are some important considerations when finding the right lawyer for your accident:

• Specialization — It’s crucial to choose a lawyer who specializes in personal injury law and, more specifically, pedestrian-related accidents. These attorneys have in-depth knowledge of the laws and procedures unique to these cases.
• Success Rate — In addition to experience, you must consider how many pedestrian cases a lawyer has won or resolved. Check how much they’ve won for their clients, as this demonstrates their effectiveness in handling cases similar to yours.
• Positive Client Reviews — Previous clients’ experiences can offer a clear picture of a lawyer’s reputation. Only consider a legal team with a record of satisfied clients and endorsements from other attorneys.
• Free Initial Consultations — Most law firms offer a free consultation, allowing you to discuss your case and explore your legal options without any financial commitment. This is also an excellent opportunity to evaluate potential attorneys and ensure their goals align with yours.
• Compatibility And Trust — Your attorney will handle sensitive information and be a part of your life for an extended period. Choose a good personal injury lawyer. They should be someone you trust, feel comfortable with, and can confide in throughout the legal process.
• Negotiation Skills — Most personal injury cases settle out of court to avoid the expensive and time-consuming trial process. A skilled lawyer with exceptional negotiation abilities is crucial for securing a favorable settlement.

Why Our Lawyers Are The Best For Your Pedestrian Accident Case

After being injured in a pedestrian accident, whether your injuries are minor or more severe, you deserve compensation for your medical bills and lost income. However, finding the right lawyer to handle your case can be challenging. That’s why you should consider ending your search with Arash Law, which is highly regarded as California’s biggest personal injury law firm.

Our lawyers specializing in pedestrian accident cases are known for our exceptional track record and expertise in the laws specific to pedestrian accidents. They understand the nuances of pedestrian rights and leverage this knowledge to build a compelling case against the negligent parties responsible for your injuries. We have represented pedestrians in a wide range of cases — from bicycle accidents to truck accidents.

Beyond our legal expertise, we genuinely understand the emotional toll a pedestrian accident can take on you. Hiring one of our pedestrian accident lawyers means you have a partner who truly empathizes with your struggles. We’ll handle all the legal complexities, allowing you to focus on your recovery. With us by your side, you’ll have a supportive and compassionate advocate fighting for your best interests, providing the comfort and strength you need to navigate the challenges of your case.

Our Successful Pedestrian Accident Cases

Pedestrian accident claims are often complex due to the various laws and regulations involved. However, with our expertise in navigating these intricacies, we’ve consistently achieved favorable outcomes for our clients. The following case results highlight our success and the impact our knowledge and experience can have on securing the compensation you deserve:

• $10,000,000 For Serious Injuries — A pedestrian sustained severe bodily harm after he was struck by a speeding vehicle. Our legal team recovered $10 million worth of settlement, covering his medical bills and other recovery needs.
• $5,000,000 For A Truck Vs Pedestrian Accident — A man was walking on the crosswalk when a large truck hit him. Even with the truck company’s attempt to shift the blame to the victim, who was said to be distracted with his phone, our lawyers secured $5 million in compensation for his mild TBI.
• $2,000,000 For An Injured Client — Despite being cited for jaywalking, our client still obtained a $2 million settlement with our assistance.
• $1,250,000 For A Minor Pedestrian — A five-year-old was running into the street when a vehicle crashed into them. The insurers argued that the accident was inevitable in this case, but reconstruction experts testified the opposite. We successfully secured $1.250 million in compensation.
• $1,000,000 For A Car Vs Pedestrian Accident — The lawsuit spanned two years due to the defendant’s lack of insurance. However, through persistent legal action, we uncovered a hidden policy. This allowed our attorneys to close the case with a $1 million settlement.
• $1,000,000 For A Parking Lot Accident — A pedestrian claimed that his existing eye condition worsened due to a parking lot accident. After successfully proving the defendant’s liability, Benny Khorsandi, Esq., and his team managed to obtain a $1 million settlement for the victim.

Frequently Asked Questions (FAQs) About Pedestrian Accidents

Do Pedestrians Always Have The Right Of Way?

People are often drawn to the misconception that pedestrians always have the right of way. However, this is not always the case. Even if drivers are required to yield the right of way to individuals crossing marked or unmarked crosswalks or intersections, pedestrians also have their obligations under the law. They must take steps to ensure their safety. Some examples are avoiding stepping into the path of moving vehicles, obeying traffic signals, and not stopping or delaying traffic unnecessarily. Your pedestrian accident attorneys can explain these concepts in more detail.

What Happens If I Am Partially At Fault For A Pedestrian Accident?

In California, even if you’re partially at fault for a pedestrian accident, you can still receive compensation. Under the state’s pure comparative negligence rule, you have the right to sue even if you share up to 99% of the responsibility for the accident.

For example, imagine you were crossing outside a crosswalk when an intoxicated driver hit you. You might wonder if you can still sue if you were hit by a car while jaywalking. The answer is yes — you can still receive compensation because the other party also shares the fault.

However, the amount of compensation you receive will be reduced by the percentage of your liability. If your damages amount to $102,000 and the judge determines you were 27% to blame, your compensation would be reduced by 27%. In this case, you can claim up to 73% of your damages, or $74,460.

It’s crucial to have a lawyer handle such cases. They can help determine your level of liability and calculate your recoverable damages accurately. This ensures that defendants and insurance companies won’t exploit your situation.

Do I Need To Hire A Lawyer For My Pedestrian Accident Claim?

Hiring a lawyer can be highly beneficial for several reasons. As an injured victim, you may face unexpected medical expenses due to hospitalization and other medical treatments. By seeking legal help, you can focus on getting the best healthcare available without worrying about mounting bills.

Moreover, you need a personal injury lawyer during negotiations. Insurance companies are notorious for exploiting loopholes, stalling the settlement process, and pressuring victims to accept lowball offers. A pedestrian accident attorney can protect your interests in these situations, ensuring you receive the compensation you deserve.

If you are unfairly blamed for the accident, reaching out to an attorney is even more critical. They will fight against large corporations and insurance companies that may attempt to shift the blame onto you. Your legal team will gather the evidence needed to prove their negligence.

Can A Pedestrian Accident Lawyer Help Me With My Hit-And-Run Case?

Yes, pedestrian accident lawyers can help you obtain a settlement, even in a hit-and-run case. Hit-and-run cases involving pedestrians are often challenging because the driver has fled the scene, making it seemingly impossible to identify them and seek compensation. If the driver cannot be identified, you might have to rely on your insurance provider for compensation.

However, if the hit-and-run driver is eventually located, a claim can be filed against their insurance policy. If the damages exceed their policy limits, it may be necessary to initiate a civil lawsuit against the driver to secure adequate compensation for your losses. Unfortunately, many hit-and-run drivers lack insurance, which is one of the many reasons they flee the scene. Pursuing a lawsuit against their assets may also be difficult, as they might not have sufficient assets to cover the judgment.

In these complex situations, the expertise of lawyers who handle pedestrian accident cases is invaluable. They will use all available evidence to help locate the driver and secure fair compensation. Additionally, they will explore alternative avenues to ensure you receive sufficient compensation for all your damages and losses, even if the hit-and-run driver is never found.

What Is The Average Settlement For A Pedestrian Accident Claim?

Even if your claim appears strong, no reputable pedestrian accident lawyer can guarantee a specific amount of compensation. Personal injury claims vary widely, and their value can differ significantly based on several factors. Numerous factors may also influence their value. Examples are:

Some of these damages are difficult to quantify, and insurance companies might try to offer settlements that do not fully cover all your losses. They may argue that your damages are not substantial and life-altering, although they truly are.

It’s essential to have a pedestrian accident attorney on your side. They will gather evidence, interview witnesses, identify all recoverable losses, and estimate the potential value of your case. This estimated value can then be used as a basis for negotiations and, if necessary, litigation.

How Is Pain And Suffering Calculated For Pedestrian Accident?

When pursuing a pedestrian accident claim, the victim’s pain and suffering are important factors to consider. However, calculating the value of these subjective damages can be challenging because they do not have a direct monetary value. The methods for calculating pain and suffering vary by state. Specifically, California uses two main methods to compute pain and suffering — the per diem and the multiplier method.

The per diem method assigns a daily value to your pain and suffering and multiplies this by the number of days you suffer. For example, if a daily value of $150 is assigned and you endured pain and suffering for 150 days, the calculation would be $150 x 150 = $22,500. This amount is independent of any economic damages you might receive, such as medical bills or lost wages.

The multiplier method involves multiplying your economic damages (such as medical expenses and lost wages) by a number typically ranging from 1.5 to 5, depending on the severity of your pain and suffering. In some cases, the multiplier can go as high as 10. The specific multiplier is determined based on the severity of your injuries and the impact they have had on your life.

The multiplier and per diem methods give juries a structure to follow, but these cannot totally account for how much you suffered in a catastrophic pedestrian accident. The personal aspect of your story needs to be acknowledged, including your traumas, emotional distress, and how your quality of life is altered. This is where your pedestrian accident attorney can help. By conveying the depth of your experience, your attorney can ensure that the settlement or award reflects the true extent of your suffering.

Who Can Sue For A Pedestrian Accident?

In California, pedestrians who are injured by moving vehicles or other hazards can take legal action against those responsible for their injuries. If a pedestrian tragically loses their life in such an incident, their surviving relatives have the right to file a wrongful death lawsuit against the responsible party. This claim can cover funeral expenses, loss of financial support, and other related damages.

Any victim within the scope of the applicable law can pursue a pedestrian accident case, even undocumented immigrants. California law explicitly states that your immigration status does not affect your legal rights, ensuring that you have the same privileges as citizens to pursue a lawsuit or an insurance claim.

However, the legal process can be complex. Responsible parties and insurance companies may attempt to exploit factors, such as your residency status, to delay or deny your claim. Rely on experienced pedestrian accident attorneys to avoid these challenges. We will guide you through the process of filing a compensation claim and deal with the insurers personally.

Are You A Pedestrian Injured In California? Call Us For A Free Consultation!

If you’ve been injured as a pedestrian in California, you may be wondering if hiring a lawyer is worth the money. The answer is yes. Pedestrian accidents, whether they result in minor or severe injuries, can leave you dealing with medical bills, lost income, and emotional stress. At Arash Law, we understand the challenges you face and are here to help you navigate the legal process.

Our powerhouse California pedestrian accident attorneys understand the vulnerability of people on foot on the road. We are also aware of the drastic impact these incidents can have on the victims and their families. That’s why we are committed to providing compassionate yet effective legal services to help you through these challenging times. We aim to secure the highest possible settlement for your damages and losses.

If you or someone you know needs help after a pedestrian accident, call our California lawyers at (888) 488-1391. You may also reach out to us online by completing our “Do I Have A Case?” form. As one of the biggest personal injury law firms in California, Arash Law also houses reputable car accident lawyers who handle various types of traffic accident cases, such as car collisions, motorcycle crashes, truck smash-ups, hit-and-runs, and DUI incidents. Our law firm is ready to assist you, no matter where you are in the Golden State. We are available in various counties, cities, and locations, including Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, and Anaheim.

Recent Pedestrian Accidents In The News

• [08-22-2024] Sacramento County, CA – Pedestrian Injured After Being Hit by a Car in Oak Knoll Neighborhood
• [08-20-2024] San Bernardino County, CA – Juvenile Pedestrian Killed After Hit-And-Run Crash on Mesa View Drive in Victorville
• [08-21-2024] Monterey County, CA – Pedestrian Killed After Being Struck by Vehicle on Highway 101 Near King City
• [08-22-2024] Los Angeles County, CA – Pedestrian Killed After Being Struck by Vehicle in Monterey Park
• [08-16-2024] Los Angeles County, CA – 43-Year-Old Pedestrian Killed After Hit-And-Run Crash Along Central Avenue
• [08-19-2024] Alameda County, CA – 17-Year-Old Female Pedestrian Killed, Another Injured After Hit-And-Run DUI Crash in Oakland
• [08-17-2024] San Joaquin County, CA – Pedestrian Hospitalized After Hit-and-Run on Grant Line Road in Tracy
• [08-18-2024] Santa Clara County, CA – Female Pedestrian Killed After Being Struck by Vehicle in San Jose
• [08-18-2024] Los Angeles County, CA – Pedestrian Killed After Hit-and-Run Crash in Marina del Rey
• [08-16-2024] Orange County, CA – 32-Year-Old Male Pedestrian Killed After Being Struck by Vehicle in Santa Ana