Moreno Valley Pedestrian Accident Lawyers
We’ll review what happened and tell you what options may be available.
Or, get LIVE help now — call our free 24-hour accident hotline at (888) 488-1391
Our Moreno Valley Pedestrian Accident Lawyers Can Help You Move Forward Following An Accident
Under California law, a pedestrian injured by a vehicle may have the right to pursue compensation when another party’s negligence causes the crash. In Moreno Valley, pedestrian accident claims are evaluated under California negligence rules.
If a vehicle hits you while you are walking, several factors shape your case. These include how the collision occurred, who had the right of way, and whether traffic laws were followed. In a city with steady commuter and commercial traffic, disputes over fault, insurance limits, and injury severity are common. Moreno Valley pedestrian accident lawyers often review these details to explain how the law may apply to a specific crash.
Moreno Valley is one of the biggest transportation hubs in the Inland Empire. Interstates 10 and 215, and State Route 60, run through the city and carry heavy traffic. Wide roadways and higher speeds increase the risk of serious injury in pedestrian accidents.
If you were injured in a pedestrian accident, the consequences can affect your daily routine, work, and mobility. You may face physical pain, medical expenses, and time away from your job. California law allows injured pedestrians to seek compensation for these losses when evidence shows that negligence caused the crash.
Why Pedestrian Accidents In Moreno Valley Are Different
Moreno Valley boasts a car-centric design. It serves as a crossroads for many wide, multi-lane highways, including I-215, I-10, and SR-60. To support commuters, the local government has introduced several walking-friendly initiatives. According to the 2020 Moreno Valley Pedestrian Safety Study, these include:
- Leading Pedestrian Intervals (LPIs) — These traffic signal adjustments give pedestrians a “head start” when crossing intersections. That makes them more visible to turning vehicles.
- Safe-Routes-to-School (SR2S) — These programs identify safer walking routes for children traveling between residential areas and school zones.
- Open Space Preservation — The local government incentivizes property developers to make open spaces more pedestrian-friendly. These encourage the installation of multi-use walking trails that safely connect high-traffic areas.
Even with these measures, pedestrian accidents continue to occur. Unique conditions in Moreno Valley can impact personal injury claims in different ways:
- The Moreno Valley Police Department handles accident reports, which insurers use to review claims. In some situations, such as hit-and-run crashes or incidents involving multiple vehicles, identifying the at-fault party can take time. Delays in identification or reporting may complicate the insurance process.
- Moreno Valley is one of the Inland Empire’s major logistics hubs, which is why it sees heavy truck traffic. These larger vehicles can cause serious and even fatal injuries. Truck accidents may also involve multiple parties. These factors may give rise to liability issues or warrant higher payouts. As a result, local insurers review these claims more closely.
- If insurance negotiations do not resolve the dispute, pedestrian accident victims can file a lawsuit in the Superior Court of Riverside County. Local filing rules follow California’s statute of limitations. California law generally allows victims to file a lawsuit within two years of the accident. Different deadlines apply if their case involves a government vehicle or public entity. In these instances, they must first file an administrative claim within six months of the incident.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Proving Negligence In A Pedestrian Accident Case
California law holds at-fault parties liable for a pedestrian’s injuries and losses if their negligence caused the accident. However, the burden of proof lies on the victim.
To establish negligence, four elements must exist:
- Duty of Care — Drivers have a legal obligation to operate their vehicles safely and follow traffic laws to avoid harming others, including pedestrians.
- Breach of Duty — A breach occurs when a driver fails to meet this obligation. Speeding, failing to yield, or driving distracted are all examples of this violation.
- Causation — The negligent party’s actions caused your injuries. There must be sufficient evidence to prove that it was the primary cause of the collision.
- Damages — The accident directly caused the injured victim’s damages. Losses may be financial, physical, or emotional.
How Insurance Typically Applies In Pedestrian Accident Claims
In Moreno Valley pedestrian accident claims, insurance is the primary source of compensation, not the at-fault party. For example, you would file a claim with an auto insurance provider rather than the negligent driver themselves.
If your losses exceed the at-fault party’s coverage limits, you may have other options for seeking damages. These can include MedPay or your uninsured/underinsured motorist coverage, if you have them.
However, pursuing a fair settlement from insurers can be challenging. Depending on the facts of your case, a claims adjuster may dispute:
- Who caused your accident.
- The severity of your injuries.
- The treatments you need to recover.
- Which insurance policies apply.
Claims involving commercial vehicles or trucks often receive added scrutiny due to higher potential payouts and multiple insured parties. If these issues cannot be addressed during settlement negotiations, filing a lawsuit may be necessary.
What Typically Happens After A Pedestrian Accident Claim Begins
Here’s a quick overview of what to expect when pursuing compensation for a pedestrian accident in Moreno Valley:
- Evidence Collection — Accident reports from the Moreno Valley Police Department, witness testimonies, and medical documentation of your injuries can help build your case.
- Damages Calculation — You or an attorney identifies your damages and estimates their value.
- Claim Filing — You file a claim with the at-fault party’s insurer or your own provider, depending on your available options.
- Settlement Negotiations — If the insurance company disputes the compensation amount you’re seeking, you or a lawyer can advocate for a fairer payout.
- Court Proceedings — You can file a civil case in the Riverside County Superior Court if the parties do not resolve the claim through settlement.
Hurt in a Pedestrian Accident?
Recoverable Damages For Pedestrian Accident Victims
A pedestrian injured by another party’s negligence may seek compensation for losses caused by the accident. The types of damages available depend on the nature of the injuries, the financial impact, and the facts of the case.
Here are the two types of compensatory damages:
- Economic Damages — These are quantifiable losses connected to the accident, including:
- Medical Expenses
- Emergency treatment and ambulance services.
- Hospital stays and surgery.
- Ongoing and future care for injuries such as fractures, spinal cord injuries, or traumatic brain injuries.
- Physical therapy, rehabilitation, or chiropractic treatment.
- Prescription medications and necessary medical equipment.
- Income-Related Losses
- Lost wages from time missed at work.
- Reduced ability to earn income in the future.
- Out-of-Pocket Costs
- Transportation expenses for medical appointments.
- Non-Economic Damages — These damages address the personal impact of the injuries. They do not have a fixed dollar value and may include:
- Pain & suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disfigurement
In rare cases involving extreme negligence, the court may award punitive damages. These damages aim to punish the offender and deter similar actions in the future.
Severe Injuries Caused By Pedestrian Accidents
Many pedestrian accident claims seek substantial damages because they often involve severe injuries. Unlike other road users, pedestrians don’t have the protection offered by vehicle frames and helmets. They’re more likely to sustain:
- Back and neck injuries
- Bone fractures
- Cuts and lacerations
- Dislocated joints
- Loss of limbs
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries
Insurance companies often closely examine pedestrian accident claims in Moreno Valley. Many crashes involve large vehicles, such as trucks, or occur on wide, high-speed roads. These conditions increase the risk of severe bodily harm. Victims may need surgery, physical therapy, or other long-term treatment. Insurers typically review medical records to assess the severity of injuries and the care required for recovery.
Pedestrian accident claims involving minors require additional consideration. When this type of incident injures a child, insurers also consider its potential impact on the victim’s physical development, daily activities, and future earning capacity.
Common Causes Of Pedestrian Accidents
Pedestrian accidents often occur when drivers fail to account for pedestrians walking near or across the roadway. Traffic volume, road design, and driver behavior all contribute.
According to preliminary data from the Governors Highway Safety Association, an estimated 7,472 pedestrians died in traffic crashes in 2023. In Moreno Valley alone, these accidents killed or injured 41 pedestrians. Many of these incidents involve vulnerable groups, including minors and older adults, who face greater risks when vehicles do not operate safely.
In most cases, pedestrian collisions can be traced to specific driving behaviors. Below are some of the most common causes:
- Speeding — Speeding reduces a driver’s ability to react to sudden changes on the road. It also increases the impact force, potentially resulting in more severe injuries.
- Distracted Driving — Distracted drivers may fail to notice pedestrians crossing the street. Delayed reactions increase the risk of collisions, especially in areas with heavy foot traffic.
- Impaired Driving — Driving under the influence of alcohol or drugs impairs judgment and reaction time. In busy urban areas, impaired driving greatly increases the risk of serious injuries or fatalities.
- Failure to Signal Before Turning — When drivers do not use turn signals, pedestrians may not anticipate vehicle movements. This conduct increases the risk of crashes at intersections.
- Failure to Yield the Right-of-Way — Drivers who ignore pedestrian right-of-way rules may strike pedestrians. Since they lack physical protection, these crashes often result in severe injuries.
While driver behavior plays a significant role, external factors can also contribute to pedestrian accidents. Poor road design, inadequate lighting, unclear signage, and construction zones may reduce visibility or create confusion for drivers and pedestrians. These conditions may affect the determination of fault in a pedestrian accident claim.
Types Of Pedestrian Accidents
Pedestrian accidents can occur in various everyday situations, including at busy intersections, in parking lots, and in school zones. The type of incident influences how injuries occur and how fault is determined.
Below are some common types of pedestrian accidents:
- Intersection Accidents — These happen when a driver turns left or right and does not yield to a pedestrian. They may miss people in crosswalks because of blind spots or distractions.
- Jaywalking Accidents — These occur when a pedestrian crosses the street outside a designated crossing area. Drivers may not expect someone to enter the roadway suddenly.
- Crosswalk Accidents — These happen when a driver fails to stop for a pedestrian in a marked crosswalk. Higher speed and inattention play a role.
- Vehicle Backing Accidents — These occur when a driver reverses and does not see a pedestrian. Limited visibility in parking lots or driveways often contributes to these crashes.
- School Bus Crossing Accidents — These incidents involve children crossing near a stopped school bus. They can cause serious injuries because children are smaller and harder to see.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Potential Liable Parties In A Pedestrian Accident Case
Drivers are often the primary at-fault parties in pedestrian accidents. However, liability is not always limited to the person behind the wheel. Depending on the circumstances, responsibility may extend to other parties, including:
- Government Entities — Inadequately maintained roads may have potholes or cracks. These may cause drivers to lose control of their vehicles. Poor road design and improperly placed signs can also confuse drivers, leading to accidents.
- Reckless Motorists — Drivers who speed, ignore traffic signals, or drive while impaired create heightened risks for pedestrians.
- Vehicle Manufacturers — They may share liability if a vehicle defect contributed to the accident.
- Negligent Mechanics — Suppose a mechanic improperly installs brakes or overlooks a critical issue during an inspection. They could be found partially responsible for the resulting damages.
- An Employer of the At-Fault Driver — If the driver was working at the time of the crash, their employer may share liability under vicarious liability principles.
California also follows a “pure comparative negligence” rule. If a court finds you partially responsible for a pedestrian accident, you may still have the right to pursue compensation. However, the law reduces your recovery by the percentage of fault assigned to you. For example, if you are found to be 50% at fault, you can only recover half of your total damages.
What Our Moreno Valley Pedestrian Accident Lawyers Can Do
After a pedestrian accident, you may need a legal team that understands the law and your situation. Our personal injury attorneys serving Moreno Valley provide support throughout the claims process. Below are a few of the services we offer:
- Thorough Case Investigation — We review the details of the accident, examine available evidence, and assess how the crash occurred. This process may include reviewing reports, visiting the scene, or consulting with outside professionals when appropriate.
- Insurance Communication and Negotiation — We manage communications with insurance companies and resolve disputes over liability, damages, or coverage.
- Case Preparation for Litigation — If a claim cannot be resolved through settlement, we prepare your case for possible court proceedings.
- Personalized Attention — Every pedestrian accident is different. We review the specific facts of your situation to determine how California law may apply.
Frequently Asked Questions About Pedestrian Accident Claims
After a pedestrian accident, you may have questions about your rights, the claims process, and the next steps. You may even ask, “Do I need a personal injury lawyer to file a claim?” The questions below address some of the most common concerns raised after a pedestrian injury.
How Much Does It Cost To Hire A Moreno Valley Pedestrian Accident Lawyer Near Me?
Hiring a Moreno Valley pedestrian accident lawyer typically costs nothing up front because they work on a contingency fee basis. They only get paid a percentage if they win your case. They deduct this amount if your case results in a settlement or court award. So, if you’re asking, “Do lawyers only get paid if they win?” the answer is yes under this fee structure. The exact percentage and any additional case-related costs depend on the details and complexity of the claim.
Is The Driver Always At Fault For A Pedestrian Accident?
No, the driver is not always at fault. Fault depends on how the accident happened and whether each party followed traffic laws. While drivers often bear responsibility, pedestrians may share fault in some situations, such as crossing outside a crosswalk or against a signal. Other factors, such as road conditions or third parties’ actions, can also affect liability under California law.
How Long Do You Have To File A Pedestrian Accident Claim?
California law generally gives injured pedestrians two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations.
In certain situations, the law may pause (toll) this deadline. Common examples include:
- The Injured Person Is a Minor — The statute of limitations is typically paused until the minor turns 18. A parent or legal guardian may still file a claim on the child’s behalf before that time.
- The Injured Person Is Mentally Incapacitated — If a claimant is unable to make decisions or take legal action due to mental incapacity, the court may pause the deadline until the person regains capacity.
Since missed deadlines can affect your ability to pursue compensation, understanding how these timing rules apply to your situation is important.
How Long Does It Take To Resolve A Pedestrian Accident Claim?
Most pedestrian accident claims take several months or longer than a year to resolve. The timeline depends on the facts of the case and how the claim moves through insurance review or litigation.
The following factors influence the settlement timeframe:
- Severity of Injuries — Serious injuries often require ongoing treatment. Claims may take longer to resolve until the full extent of medical needs is clear.
- Disputes Over Fault — When the insurance company questions who caused the accident, additional investigation and negotiation may be required.
- Insurance Delays — Insurers may request more documentation or challenge medical expenses, which can slow the process.
- Litigation — If the case goes to court, scheduling and procedural steps can extend the timeline.
Each case moves at its own pace. The length of the process depends on how quickly these issues are resolved.
The Insurance Company Is Saying It’s My Word Against Theirs. What Can I Do?
If an insurance company claims it’s your word against theirs, you need to do the following:
- Gather crucial evidence.
- File a report with the Moreno Valley Police Department.
- Consult a personal injury lawyer.
A police report accurately and objectively records the facts of the accident. It can help insurance companies and courts determine fault. If you need help negotiating with insurers, Moreno Valley pedestrian accident lawyers can also assist you.
Call Our Moreno Valley Pedestrian Accident Lawyers Today
Getting hit by a vehicle while walking can lead to serious injuries and long-term challenges. After an accident, many people seek free accident lawyer advice to better understand their rights and options under California law. Speaking with a lawyer can help you learn how the claims process works and what steps may come next.
The Moreno Valley accident lawyers at Arash Law represent injured pedestrians in accidents involving cars, trucks, rideshare vehicles such as Lyft, hit-and-run incidents, and other traffic-related incidents. These cases often raise complex questions about fault, insurance coverage, and the severity of injuries. Representation is available regardless of immigration status.
To get started, you can call us at (888) 488-1391 or fill out our online form.
We also serve clients in nearby communities, including Perris, Lake Elsinore, Cathedral City, Banning, and Canyon Lake. Services extend throughout San Bernardino, Imperial, San Diego, Orange, and Los Angeles Counties.
