Marin County Pedestrian Accident Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Dedicated Marin County Pedestrian Accident Attorneys Protecting The Rights of Injured Victims
If you’re injured as a result of someone else’s negligence, you may have the right to seek compensation. Our Marin County pedestrian accident attorneys can help. Call (888) 488-1391 to know if you have a viable case through a free initial consultation.
Traveling on foot is a healthy way to get around. However, pedestrians are at risk of getting injured because of careless drivers in Marin County, especially in areas with heavy foot and vehicle traffic. Walking along busy intersections or crowded locations requires you to be vigilant.
If a pedestrian accident left you injured or killed a loved one, the legal team of Arash Law in Marin County is here to help. Our pedestrian accident lawyers can manage your case so you can focus on your recovery.
How Our Marin County Pedestrian Accident Attorneys Can Help
Getting injured in a pedestrian accident can be challenging. Our experienced personal injury lawyers can help with the legal side to ease the burden. We can provide the following services to clients seeking compensation for their injuries and other losses:
- Calculating Damages — Our experienced team can study your case to estimate the extent of your damages. We’ll take into account your medical expenses, lost wages, pain and suffering, property damage, and any future medical costs or long-term care needs.
- Establishing Liability — We can help prove the responsible party’s liability. Your lawyer will work to gather the necessary evidence to identify possible negligence and develop your case.
- Filing Your Claim — Your attorney can help prepare and file the necessary paperwork. That way, you can pursue compensation in compliance with state regulations, like California’s statute of limitations.
- Negotiating With Insurance Companies — Seeking compensation from insurance providers can be challenging. Knowing the extent of your losses, the potential value of your claim, and the laws that may apply to your case can be difficult if you don’t have prior legal knowledge. Our lawyers can use our experience in pedestrian accident cases to negotiate with insurers on your behalf.
- Filing a Lawsuit — As a last resort, our pedestrian accident attorneys may take your case to court if a settlement offer doesn’t sufficiently cover your losses.
Settlement in a motor vehicle versus pedestrian accident; client, suffered facial and spinal injuries
– JUDD ROSS ALLEN
Why Work With Our Pedestrian Accident Lawyers
After a pedestrian accident, a dedicated injury law firm can assist you in pursuing the compensation you may be eligible for under California law. Our experienced pedestrian accident attorneys in Marin County can help you learn if you have a case and file a claim for your losses. As an established personal injury law firm in California, we have decades of experience handling injury cases for clients, providing personalized attention to meet their specific needs.
If you decide to work with us on a valid claim, our Marin County injury law firm will work to provide prompt communication to keep you updated at all times and help you make well-informed decisions. We can negotiate with involved parties on your behalf, such as at-fault parties and their insurance companies. Our lawyers will also represent you in court if necessary.
We also work on a contingency fee basis, so you won’t need to pay anything up front when you hire our lawyers. Our attorneys only get paid if you’re awarded compensation. Please note that you may incur additional fees related to your case beyond our attorney fees. We will explain our fee structure during your consultation with us, so there will be no unexpected costs for you.
Understanding Pedestrian Right-Of-Way Laws
Since pedestrians are the most vulnerable road users, they are protected by several right-of-way laws.
- Drivers are required to stop and give way to pedestrians crossing in a marked or unmarked crosswalk or at an intersection.
- Drivers must provide people with disabilities, older people, and children enough time to cross the street.
- Drivers should wait when they see other vehicles stopped at a crosswalk, as they might be allowing pedestrians to cross.
- Drivers must stop and give way to pedestrians and other cars while exiting driveways or parking spaces.
- Driving on sidewalks marked as safe routes for pedestrians is strictly prohibited.
- Drivers are expected to exercise caution even when a pedestrian is not using a crosswalk.
California’s New Jaywalking Law And Its Implications
California’s Freedom to Walk Act has made crossing outside of crosswalks and intersections legal, provided it’s done safely by pedestrians. This new legislation reflects a rising awareness of pedestrian rights and the need for flexible urban mobility. Still, pedestrians should do their part by abiding by traffic laws and using sidewalks and crosswalks as much as possible.
The state’s new jaywalking law offers pedestrians greater freedom, but it also gives them added responsibility. This is because jaywalking is only permissible when there is no immediate danger of collision. In truth, both pedestrians and drivers are expected to be more alert and aware of their surroundings.
Ultimately, pedestrian safety is still of utmost importance. Since marked crosswalks and intersections are usually the safest places to cross, pedestrians are highly encouraged to continue to use them whenever possible. Making eye contact with drivers is also recommended to make sure they notice you before you step onto the road.
It would also greatly help to stay visible at night or in low-visibility situations by wearing bright clothes. More importantly, refrain from distractions like using phones when crossing. Observing safety practices remains the best way to prevent accidents.
Typical Causes Of Pedestrian Accidents
Most traffic collisions happen due to the negligence of motorists. In some cases, other parties not directly involved in the accident may be liable, such as a manufacturing company or government agency. Our Marin County personal injury lawyers can help you identify which factors may have contributed to your accident, including the following:
- Distracted Driving — Distractions like using phones, talking to other occupants, and eating or drinking can take a driver’s attention off the road and potentially cause an accident. For instance, an Uber driver who is preoccupied with looking for a passenger ride request through the app may not notice a pedestrian crossing the road, leading to an Uber accident.
- Speeding & Reckless Driving — Speeding reduces a driver’s reaction time to pedestrians and increases the severity of injuries during accidents. Other reckless driving behaviors include disobeying traffic laws, such as running red lights and weaving in and out of traffic.
- Driving While Impaired — Alcohol, illegal drugs, and prescription medications can result in impaired driving, affecting a driver’s ability to react in time to avoid pedestrians.
- Failure to Yield — Negligent drivers may fail or outright choose not to yield the right-of-way to pedestrians when making turns or driving through crosswalks or intersections.
- Backing Up — When backing out of a driveway or parking spot, a driver might fail to notice a pedestrian walking behind them.
- Limited Visibility — It can be challenging for drivers to see pedestrians when their views are obstructed or limited due to low light or inclement weather.
Our Marin County pedestrian accident attorneys can investigate the cause of the collision, gather evidence, and build your case to help establish liability. Call us at (888) 488-1391 to schedule a free initial consultation.
Hurt in a Pedestrian Accident?
Common Pedestrian Accident Injuries
Pedestrians fare considerably worse during traffic collisions due to a lack of physical protection. They may get sent flying over the car’s windshield, flung off their mobility devices, or risk being run over by vehicles on the road. The injuries they sustain depend on various factors, most notably the speed and type of the vehicle involved. Truck accidents, for instance, almost always lead to catastrophic injuries due to the vehicles’ sheer size and weight.
Our pedestrian accident lawyers in Marin County can help you pursue compensation for the following injuries and more:
- Head and brain injuries can range from mild concussions to serious brain damage with permanent and life-changing consequences to the victim’s cognitive abilities.
- Back and spinal cord injuries can lead to permanent paralysis. Less severe cases may still require extensive therapy and even lifelong care.
- Whiplash and other neck injuries, including fractures, dislocations, and nerve damage, could result in chronic pain.
- Soft tissue damage, including cuts, sprains, strains, dislocations, and bruises, may never fully heal and result in long-term health issues.
- Fractures may heal on their own over time, but some cases may require surgical intervention.
- Traumatic or surgical amputations often require intensive medical treatment, including surgery, rehabilitation, and prosthetics. Compensation can help cover medical costs, rehabilitation, and support for long-term recovery.
- Internal bleeding and organ damage can be life-threatening, requiring immediate medical attention and ongoing treatment.
Urgent medical attention is critical after getting injured in a pedestrian collision. Even if you feel fine or think your injuries aren’t that serious, you still need to see a doctor. Our injury lawyers experienced in pedestrian accidents can help you seek the compensation you need to pay for your medical treatments.
Damages You May Pursue After A Pedestrian Accident
In addition to your injuries, you may suffer from other losses after a pedestrian accident. You might end up with thousands of dollars in medical debt from the accident and have to pay for expensive ongoing treatments. It might also be impossible for you to return to work because of the long-term disability caused by your injuries, putting you in a vulnerable financial position.
Compensatory damages are divided into two categories. Economic damages compensate for tangible financial losses, while non-economic damages address the intangible effects of your injuries on your life.
Here are some examples of the losses our Marin County pedestrian accident attorneys may be able to help you pursue compensation for:
- Current and future medical costs, including medications, therapies, and long-term medical care.
- Wages you missed and the earning capacity you may lose because of your injury or disability.
- Expenses for replacing or repairing damaged or destroyed personal property.
- Physical pain and emotional suffering, loss of consortium, and other subjective losses.
- Additional out-of-pocket expenses, like the cost of installing railings at your home or hiring a driver.
In extremely rare cases, the court awards punitive damages to the plaintiff. These are meant to punish the defendant for gross negligence or malicious actions and prevent similar behavior in the future.
Wrongful Death Claim Involving Pedestrian Accidents
Tragically, pedestrian accidents sometimes result in the untimely death of unsuspecting victims. In such an unfortunate incident, the family member of the deceased may be entitled to file a wrongful death claim or lawsuit against the responsible party.
After the death of a loved one, you can seek compensation for funeral or burial expenses and the medical bills the victim incurred prior to their untimely passing. You can also pursue compensation for lost future wages and loss of companionship.
The at-fault driver doesn’t need to be criminally charged for them to be liable for the wrongful death claim. Speak with one of our Marin County pedestrian accident attorneys about your wrongful death case to determine what damages you may be entitled to seek.
Potential Liable Parties In A Pedestrian Accident
Seeking damages after a pedestrian accident entails filing an insurance claim or a personal injury lawsuit against the responsible party. In many cases, the at-fault party is the driver, but a deeper investigation may sometimes reveal other parties not directly involved in the accident. Our Marin County accident lawyers can work to identify who might be responsible for your injuries. Some liable parties may include:
- A careless driver who did not yield at a stop sign.
- A careless driver who hits a pedestrian in a parking lot, a bus stop, or in a school zone.
- Cyclists, e-scooter users, and even pedestrians who injure other pedestrians due to carelessness.
- Property owners who should have been aware of hazards on their properties but failed to fix them, eventually causing pedestrians to slip or trip and fall.
- Contractors, developers, and other managing parties that fail to remove hazards on or around construction projects that affect pedestrians.
- Government agencies that fail to keep a road in good condition.
In some cases, several parties may be liable for your losses. California’s pure comparative negligence rule lets victims pursue compensation even if they share fault in an accident. Our knowledgeable Marin County pedestrian accident lawyers can discuss how this rule may apply to your case.
How To Prove Liability After A Pedestrian Accident
If you’re a pedestrian injured in a car accident, California law requires you to establish the responsible party’s liability before you can claim compensation. You have to prove that your injuries were the result of the at-fault party’s negligence, which is often a complicated legal process. Our car accident lawyers, who have handled many cases involving injured pedestrians, can help you establish the following elements of negligence:
- Duty of Care — First, you must prove that the driver owed you a duty of care.
- Breach of Duty — Next, you need to prove that the driver breached their duty of care through their negligent action, such as speeding or failing to yield at crosswalks.
- Causation — Then, you must prove that the driver’s negligence directly caused the accident that injured you.
- Damages — Finally, you need to prove that you suffered actual damages due to the accident, including medical expenses, lost income, and pain and suffering.
Establishing these elements involves gathering evidence, documenting injuries and other damages, and pursuing compensation through strategic representation. Our pedestrian accident lawyers are ready to help you with all these steps.
What To Do After A Pedestrian Accident
After a pedestrian accident, remain calm. The steps you take to protect your well-being and right to pursue compensation can include the following:
- Check for injuries and call 911. Move to a safe location near the scene of the accident. If moving will aggravate your injuries, ask for help and stay still. Let the paramedics give you initial medical care.
- Note the contact details of the driver and any witnesses to the collision. This will be instrumental in the police report.
- If you can, take pictures and videos of your injuries, the vehicle involved, and the scene of the collision.
- Talk to the authorities about what happened, but avoid taking the blame, saying sorry, or making assumptions.
- Get prompt medical help at a hospital and strictly follow your doctor’s medical advice.
- Don’t post on social media. Any opinions or other content you post about your accident may unintentionally weaken your claim.
- Call Arash Law at (888) 488-1391. They can gather evidence, such as CCTV footage from nearby businesses, and help you manage every aspect of your case. Let our dedicated Marin County pedestrian accident lawyers assess how we may be able to help you pursue financial compensation for your losses.
What initially seemed like a routine rear-end collision, commonly known as a “fender bender,” turned into a significant settlement with high maximum limits for a client who suffered lower back disc injuries. The case was resolved just two weeks before the scheduled trial commencement.– BRIAN BEECHER
Gathering Evidence For A Pedestrian Accident Claim
Evidence is paramount to a valid claim, as it helps establish the facts of the case. You need to gather and present strong evidence to prove negligence and seek damages. Our pedestrian accident attorneys in Marin County can help collect the following crucial pieces of evidence to bolster your claim:
- Detailed Police Reports — The official report of the accident made by the authorities can provide an unbiased description of the accident, including vital information like witness names and statements, road hazards, weather, any penalties given to the driver, and accident site diagrams.
- Witness Testimonies — Eyewitnesses can provide important insights that confirm your account of how the accident transpired.
- Medical Records — What role do medical records play in proving damages? They illustrate the extent of your injuries and help connect them to the accident. This proves that the negligent action directly resulted in you sustaining the injuries.
- Traffic Camera Footage — How exactly the accident unfolded can be unmistakably shown through video footage from traffic cameras.
Filing A Pedestrian Hit-And-Run Accident Claim
Ideally, the motorist who strikes a pedestrian should stay at the scene and give the injured party their insurance information, contact details, driver’s license, and license plate number. All the pedestrian needs to do is submit a claim to the driver’s insurance provider.
The process becomes more complicated if the motorist responsible for the accident flees the scene and there are no witnesses or identifying details of the vehicle. In such cases, you can submit a claim with your auto insurance provider and use the uninsured motorist coverage, if any. Additionally, you may use your medical insurance to cover your medical expenses.
The ideal scenario involves the at-fault driver being found and held liable. Regardless, our skilled Marin County pedestrian accident attorneys can offer guidance on your options, helping you seek compensation for your injuries and other losses.
The Deadline For Filing Pedestrian Accident Lawsuits
In general, you only have two years from the date of the accident or discovery of injuries to file a personal injury lawsuit in California. This statute of limitations also applies to pedestrian accident cases. Any personal injury claim against a government or public agency must be submitted within six months of the incident. Certain situations allow for the deadline to be tolled, such as when the plaintiff is a minor or if the defendant is out of state.
Failing to observe the statute could mean losing your right to seek compensation, even if you would have a valid case otherwise. Our Marin County pedestrian accident attorneys can help you understand which deadlines you have to follow. If you’re eligible to pursue compensation, we can also help you file your claim on time.
Pedestrian Accident Statistics
Recent data showed that California roadways are considered to be the third-deadliest for pedestrians in the entire United States. In fact, the 653 pedestrian fatalities recorded in 2012 increased to 1,108 in 2021.
In Marin County, the Office of Traffic Safety reported 65 pedestrians who were killed and injured in traffic collisions. Four of these victims were under the age of 15, while 16 were 65 years old and above.
Frequently Asked Questions
Why Is Seeking Prompt Medical Treatment Crucial?
Adrenaline in the immediate aftermath of an accident can prevent you from feeling pain. Because of this, you may not immediately become aware of the full extent of your injuries and think you’re fine. Seeking medical help right away can help uncover hidden injuries and prevent them from getting worse.
How Does The Claims Process For Pedestrian Accidents Work?
Speaking with an injury lawyer is the first step in pursuing compensation after a pedestrian accident. Experienced pedestrian accident lawyers in Marin County will identify the at-fault party and evaluate the extent of your injuries and losses through investigation and evidence collection. They can then submit a settlement demand letter to the at-fault party and their insurance provider. If negotiations with the insurer fall through, your pedestrian accident lawyer may help you pursue compensation in court.
What Obstacles Could I Run Into When Negotiating With Insurance Companies?
Insurance companies often use the findings of their own investigation when deciding on a settlement amount to offer you. Since they may not have access to the same pieces of evidence our lawyers may be able to procure, the offers you receive may not reflect the extent of your losses.
You might wonder, “Do I need a personal injury lawyer to handle this?” The answer depends. Skilled pedestrian injury attorneys in Marin County can help you build a strategy for seeking the compensation you may be owed.
Can I Still Seek Compensation If I Was Partially At Fault For The Pedestrian Accident?
What if you were carelessly jaywalking when you got hit? Can you still seek compensation if you are found to be partially at fault? Under California’s pure comparative negligence law, you can still pursue damages even if you share the blame. However, any potential compensation will be reduced in proportion to the degree of responsibility assigned to you.
Your $100,000 award, for instance, will be reduced to $75,000 if you are found to be 25% liable for the accident. Speak with our Marin County pedestrian accident lawyers to understand how partial fault impacts your case.
How Much Is My Pedestrian Accident Case Worth?
The severity of the injuries you sustained and the resulting losses are just two of the numerous factors that will determine the value of your pedestrian accident case. Pedestrians frequently sustain the most serious injuries in traffic accidents. Depending on their cases, they may be entitled to pursue more compensation due to the severity of their injuries.
Our pedestrian accident attorneys in Marin County can assess your case and calculate the potential value of your damages. Call us at (888) 488-1391 for a no-obligation case review.
How Much Does It Cost To Hire A Pedestrian Accident Attorney?
The cost of hiring a pedestrian accident attorney depends on how challenging your case is. If it needs to be taken to court, for instance, you may be charged more. However, you won’t necessarily have to be charged right away.
Our pedestrian accident attorneys in Marin County take cases on a contingency fee basis. This means clients don’t have to pay for legal counsel. They will only have to pay our lawyer fees if they’re awarded a settlement.
You may also be responsible for other case costs besides our attorney fees, regardless of the outcome. Our lawyers can explain our fee structure to help you understand any additional expenses you might be charged.
Talk To Our Experienced Pedestrian Accident Attorneys In Marin County
Negligent drivers can make walking a terrifying experience for pedestrians. If you get injured or a loved one is tragically killed in a pedestrian collision, our Marin County pedestrian accident attorneys are here for you. If you have a valid claim, we can assist you with pursuing compensation that aims to help you recover physically and financially.
Call Arash Law at (888) 488-1391 or complete our “Do I Have A Case?” form. Through our free initial consultation, you can learn more about your rights and options.
Besides Marin County, our pedestrian accident lawyers also serve victims in neighboring locations, including San Francisco, Richmond, Berkeley, Petaluma, Penngrove, Rohnert Park, Santa Rosa, Sebastopol, Freestone, Valley Ford, Graton, Occidental, Bodega Bay, Salmon Creek, Bloomfield, Sears Point, Fairville, and McGill. Arash Law also serves personal injury victims throughout the rest of California.
