Salinas Pedestrian Accident Lawyers
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Our Salinas Pedestrian Accident Lawyers Guide You Throughout The Claims Process
If you got hurt in a pedestrian accident in Salinas, you can file a personal injury claim. California negligence law allows you to pursue compensation if someone else’s carelessness causes your injuries.
Negligence occurs when someone fails to act with reasonable care and causes foreseeable harm to others. To seek compensation, you must prove that their action or inaction directly caused your injuries. Salinas pedestrian accident lawyers often help in these cases by gathering evidence and filing insurance claims or lawsuits.
Why Pedestrian Accident Cases In Salinas Are Different
Pedestrian accident cases in Salinas are distinct due to a combination of high-traffic areas, local environmental hazards, increasing fatality rates, and roadway maintenance issues.
Key factors that distinguish pedestrian cases in the city include:
- High Mortality & Youth Risk — Salinas has historically struggled with pedestrian safety. Pedestrians accounted for more than half of all traffic fatalities from 2009 to 2018. This figure is significantly higher than the national average.
- Roadway Maintenance — Legal cases often involve the city’s roadway maintenance efforts, which could cause local government agencies to share liability in an accident.
- Faded Crosswalks — Faded crosswalks in Salinas can confuse drivers. Unaddressed issues like this can potentially make the city government responsible for failing to provide necessary visual signs for pedestrian safety.
- Complaint-Driven Maintenance — Unlike cities with regular inspection schedules, Salinas faces criticism for its “complaint-driven” approach to maintaining roadways. This system can be a critical factor in personal injury claims.
- Environmental Hazards — Unique local conditions contribute to accidents in Salinas. Local reports indicate that the combination of wet morning streets and intense sun angles in the Salinas Valley can be blinding for drivers. Even those wearing sunglasses and traveling at low speeds may experience visibility issues.
In Salinas, pedestrian accident cases involve multiple local government departments. The following agencies typically play a role:
- Salinas Police Department (SPD) — The SPD is the primary law enforcement agency in the city. They respond to accidents, conduct investigations, and create official reports. In addition, they handle traffic violations like speeding and distracted driving.
- California Highway Patrol (CHP) — When accidents occur on state highways passing through or near the city, such as US 101, the CHP handles investigations and reports.
- City Attorney’s Office (Risk Management Division) — This division handles claims filed against the City of Salinas. It manages self-insured liability for claims involving public infrastructure, such as faded crosswalks.
- Monterey County Health Department — This agency runs the Bike and Pedestrian Program, which uses accident data to improve infrastructure and safety across the county, including in Salinas.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Establishing Liability In Pedestrian Accident Cases
To establish liability in a Salinas pedestrian accident, you must prove that another party’s negligence caused your injuries. Under California law, this requires proving four specific legal elements:
- Duty of Care — This refers to the legal obligation to take reasonable steps to avoid harm to others. For example, drivers need to follow traffic laws and give way to pedestrians crossing.
- Breach of Duty — This happens when a person fails to meet the required standard of care. In pedestrian accidents, a breach could occur due to distracted driving or speeding.
- Causation — You need to demonstrate that the at-fault party’s actions directly led to your injuries. For example, you wouldn’t be hit and injured if a driver didn’t run a red light.
- Damages — You must provide evidence of actual losses. These can include medical bills, lost wages, or proof of permanent disability.
Potentially Liable Parties In A Pedestrian Accident Case
In pedestrian accident cases, liability isn’t always limited to one person. Different parties can share responsibility. One or more of the following may be at fault, depending on the specifics of the crash:
- Vehicle Drivers — Drivers are the most frequent at-fault party. Their liability usually stems from reckless actions, such as speeding or drunk driving.
- Government Entities — The City of Salinas or Caltrans may be liable if a dangerous roadway condition caused the accident. Examples include malfunctioning or poorly timed traffic signals and inadequate street lighting.
- Employers — If a driver hits a pedestrian while operating a work vehicle, the employer may be held liable. For example, claims for injuries from truck accidents often involve trucking companies.
- Manufacturers — A mechanical failure, such as a brake malfunction, may cause a driver to lose control of their vehicle. If an accident occurs, product liability laws may hold parts manufacturers accountable.
California’s Pure Comparative Negligence Law
In some cases, a pedestrian may share responsibility for their accident. However, they can still seek compensation under California’s pure comparative negligence rule.
Being partially at fault in an accident only reduces your potential compensation. It doesn’t bar you from filing a claim. Even if you bear 90% responsibility for an accident, you can still pursue 10% of the damages.
Hurt in a Pedestrian Accident?
What Insurance Typically Applies In Pedestrian Accident Claims?
After a pedestrian crash in Salinas, you have different insurance claim options. Who was responsible and whether they were insured affects which coverage may apply.
The At-Fault Driver’s Liability Insurance
The at-fault driver’s liability insurance is the primary source of compensation for your losses after an accident.
In California, drivers must carry minimum liability coverage of:
- $30,000 for injury or death to one person.
- $60,000 for injury or death per accident.
- $15,000 for property damage.
That may change if the driver was working for a delivery service, such as Uber or Lyft. In these cases, the company’s significantly larger policies may apply.
Your Own Auto Insurance (UM/UIM)
If part of your auto policy, your uninsured or underinsured motorist (UM/UIM) coverage can step in.
- If the driver flees or is uninsured, your UM policy will apply.
- If your damages exceed the driver’s insurance limit, your UIM coverage can bridge the gap.
Health Insurance
Your private health insurance, Medi-Cal, or Medicare can pay for initial ER visits and surgery. However, these providers have a right to be repaid from any settlement or court award you receive from the at-fault driver’s insurance.
Government Liability
If a hazardous road condition contributed to the crash, the Risk Management Division of Salinas handles claims. The city pays settlements directly from a dedicated municipal fund.
What Usually Happens After A Pedestrian Accident Claim Begins
After a pedestrian accident claim begins in Salinas, the process typically follows a series of legal and insurance-related steps. While every case varies based on injury severity and disputed fault, most claims progress as follows:
- The insurance company investigates your claim, including who may be responsible and the total amount you are requesting.
- The insurer accepts, denies, or gives a counteroffer within 40 days of receiving your claim.
- Settlement discussions follow. This process can take a few months or over a year.
- If you accept an offer, the insurance company must send the payment within 30 days.
- If negotiations fail, you can file a civil case with the Monterey County Superior Court. The litigation process often extends the time needed to resolve the case.
Severe Pedestrian Accident Injuries That Lead To Claims
Pedestrians often suffer severe injuries in accidents, as they lack physical protection compared to car occupants. Some sustain permanent paralysis, disfigurement, or scarring that affects their quality of life.
The following are most likely to lead to substantial legal claims:
- Complex Fractures
- Crush Injuries & Amputations
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries (SCIs)
- Internal Injuries
- Extensive Lacerations
These injuries often warrant higher compensation amounts. However, any actual payout will depend on the circumstances of your case.
Common Causes Of Pedestrian Accidents
To address rising traffic fatalities, the city implemented specific local policies. Salinas officially adopted the Vision Zero policy in 2020. It aims to eliminate traffic-related deaths through redesigned streets and stricter enforcement.
Despite these efforts, pedestrian accidents in the city continue to occur. Common causes of pedestrian accidents in Salinas include driver negligence, poor road infrastructure, and, in some cases, pedestrian error. Here’s a more detailed look:
- Distracted Driving — This remains a leading cause of accidents. When drivers focus on smartphones, GPS devices, or other in-car distractions, the risk of a crash increases.
- Speeding — Drivers who exceed the speed limit often fail to stop in time. In Salinas, 53% of all collisions happen on streets with speed limits of 35 mph or more.
- Failure to Yield at Crosswalks — Many accidents occur when drivers fail to yield the right-of-way at marked or unmarked crosswalks. Areas in Salinas that are dangerous for crossing pedestrians include:
- North Main Street
- East Alisal Street
- Sanborn Road
- John Street
- Impaired Driving — Driving under the influence affects a driver’s reaction times and decision-making ability. They may fail to notice and avoid pedestrians to prevent accidents.
- Disobeying Traffic Signs — This action creates unsafe conditions for drivers and pedestrians alike.
- Drivers who run red lights may hit pedestrians in crosswalks.
- Pedestrians who jaywalk risk getting struck by drivers who don’t expect them.
- Nighttime Driving & Poor Visibility — Pedestrian fatalities occur more often at night. In Salinas, non-working streetlights, such as those on East Market Street and Sanborn Road, heighten this risk.
Important Evidence To Gather
Without strong evidence, proving fault can be challenging, especially if the driver denies liability. Gathering proof of the accident and your injuries can strengthen your claim.
Your case may need these key pieces of evidence:
- Traffic Camera Footage — Shows the sequence of events leading up to the collision.
- Police Reports — Indicate any traffic law violations to support insurance claims and help determine fault.
- Medical Records — Detail the extent of your injuries and directly link them to the accident.
- Pictures of the Scene — Provide context on road conditions, your injuries, and any property damage to help reconstruct the accident.
Recoverable Damages In Pedestrian Accident Claims
In a pedestrian accident claim, recoverable damages “make the victim whole.” They cover both tangible financial losses and intangible suffering.
In Salinas, you could pursue one or more of the following, depending on the facts of your case:
- Medical Bills — This covers reimbursement for hospital stays, surgery, and any ongoing medical care. You can also include the cost of physical therapy, chiropractic care, and medical equipment.
- Lost Wages — This payment may cover income lost during your recovery. It can also address future earnings if your injuries lead to permanent disability.
- Pain & Suffering — This includes the physical and emotional pain caused by the injuries you sustained in the accident.
- Wrongful Deaths — Suppose a pedestrian accident results in the loss of a loved one. The surviving family members may be eligible to file a wrongful death claim. It can provide compensation for funeral expenses. It can also factor in the emotional losses caused by the untimely death.
- Punitive Damages — The court awards these in rare cases where the at-fault party acts in an extremely reckless or malicious way. They aim to punish the wrongdoer and deter similar actions in the future.
Deadline For Filing A Pedestrian Accident Claim
California imposes a statute of limitations on accident claims. It gives individuals up to two years from the date of the accident or injury to file a claim.
Certain exceptions can affect this timeline:
- Claims Involving Minors — The deadline may pause until the claimant’s 18th birthday. They have until they turn 20 to file a claim.
- Injured Party’s Mental Incapacity — This condition may delay the deadline until the claimant regains mental competency.
- Delayed Discovery of Injuries — Suppose the injured party was unaware of the injuries at the time of the accident. It may be possible to extend the deadline. The clock starts to run when the individual becomes aware or reasonably should have been aware of the injury.
- Involvement of Government Entities — Victims must file a notice of claim within six months of the incident.
What We Handle In Salinas Pedestrian Accident Cases
To seek financial compensation after a pedestrian accident in Salinas, you must file a personal injury claim. Our law firm handles personal injury cases. We help clients:
- Gather critical documentation, such as medical records and witness statements.
- Identify potentially liable parties and applicable California laws.
- Handle claim submissions and negotiate with insurance companies.
- Assess whether settlement offers cover current and future losses.
- Prepare for litigation if negotiations don’t lead to fair compensation.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Frequently Asked Questions About Pedestrian Accident Claims
Victims injured in pedestrian accidents often want to know about their options for compensation. They usually also have concerns about the legal complexities they may face when filing a claim.
Below are clear answers to frequently asked questions about pedestrian crashes.
I Was Jaywalking. Do I Still Have A Case?
Yes, you may still have a case. Being partially at fault does not disqualify you from filing a claim. However, jaywalking can result in a lower settlement. Your compensation will likely be reduced based on your percentage of fault.
How Much Compensation Can I Get In A Pedestrian Accident Claim?
The amount of compensation you can pursue after a pedestrian accident depends on the:
- Severity of Your Injuries — More serious injuries usually lead to higher settlements.
- Impact of Medical Expenses — You may get more compensation if your medical costs are high. Settlements may also include future medical expenses.
- Degree of Negligence Involved — If you are partially at fault, it could reduce the compensation awarded.
- Impact of the Accident on Your Life — If the accident causes long-term disability or chronic pain, it may increase compensation. The greater the impact on your life, the higher the potential settlement.
How Fast Can I Get My Settlement Award If I Win My Pedestrian Accident Case?
In some cases, it may take only a few months. Some could extend to over a year. The timeline varies depending on several factors, such as:
- Complexity of the Case — Cases involving extensive liability disputes often take longer to resolve. They usually require a more thorough investigation to determine fault.
- Negotiation Process — Prolonged negotiations or mediation can extend the timeline of your case. The duration depends on both sides’ willingness to coordinate.
- Court Schedule — A trial may further delay the process. In some cases, this is due to backlogs in the court system and procedural requirements.
Lawyers for pedestrian accidents in Salinas can estimate your case’s timeline. They can also help you understand the factors that impact the claims process.
Should Drivers Always Yield To Pedestrians?
In Salinas, pedestrians have the right of way in most situations. Specifically, drivers must yield to them:
- At crosswalks. They must keep a safe distance of five feet and give seniors, people with disabilities, and children more time to cross. Passing a stopped vehicle at a crosswalk is also strictly prohibited.
- If they see pedestrians crossing at a corner.
- When driving over a sidewalk, such as while backing out of a driveway.
- When pedestrians make eye contact with them.
Despite having the right of way, pedestrians must also obey traffic signals and laws. For example, California no longer penalizes jaywalking. However, pedestrians must only cross outside marked crosswalks if doing so won’t create hazards for other road users.
I Need A Personal Injury Lawyer Near Me. How Much Will It Cost?
Hiring pedestrian accident lawyers serving Salinas will not cost you any legal fees up front if they work on a contingency fee basis. The success of your claim determines the attorney’s fees under this arrangement. You won’t pay by the hour.
So, do lawyers only get paid if they win your case? Yes, if they offer contingency fees. Rather than having you pay them by the hour, they will only charge for their services if they win your case or secure a settlement.
Get Legal Help For Your Pedestrian Accident Claim
When you’re recovering from a pedestrian accident injury in Salinas, it’s normal to seek free accident lawyer advice. Attorneys can guide you through your next steps and manage the legal aspects of your case.
Arash Law’s pedestrian accident lawyers understand both the legal complexities and the personal challenges brought by these cases. Besides Salinas, we also take cases in nearby areas, including:
- Del Rey Oaks
- Greenfield
- Sand City
- King City
- Pacific Grove
- Santa Cruz County
- San Benito County
- Fresno County
- Kings County
- San Luis Obispo County
Our personal injury lawyers offer free initial consultations to injured victims throughout California. Call us at (888) 488-1391 today to discuss your case.
