Oakland Pedestrian Accident Lawyers
with over $750 Million Recovered in Compensation for Injury Clients.
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Oakland Pedestrian Accident Lawyers Who Are Advocates Focused On Your Recovery
Traffic accidents happen every day. In populous cities like Oakland, the risks are even higher, especially for pedestrians. If you or someone you love is suffering from injuries after a pedestrian accident, contact our Oakland pedestrian accident lawyers as soon as possible. We’ll help you pursue the compensation that may be available to you under California law. Call us at (888) 488-1391 for a free initial consultation.
Pedestrians, especially children, are the most vulnerable victims of traffic accidents. They do not have any gear that can protect them from impact. That is why pedestrian fatalities in traffic-related incidents are high. If victims are lucky enough to survive, they end up with severe injuries with lasting effects on their health and way of life.
Pedestrian accidents are often caused by someone’s negligence. If a negligent driver caused your injuries, you may have legal options available to pursue. The experienced team of Oakland pedestrian accident attorneys at Arash Law is committed to helping you with your pedestrian accident case. We can assist you in collecting evidence and consulting expert witnesses to assess the accident. Fill out the “Do I Have A Case?” form and schedule your free, no-obligation initial case review.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Why Choose Arash Law’s Oakland Pedestrian Accident Attorneys
Arash Law, founded by Arash Khorsandi, Esq., is comprised of a team of experienced accident lawyers. We handle a wide range of personal injury cases, and we treat each one with individualized care. Our goal is to help you pursue just compensation and manage your case so you can concentrate on recovering.
We strive to make our legal services accessible to clients. As such, we work on a contingency fee basis. That means you do not have to pay us attorneys’ fees upfront. Our attorneys only get paid if we obtain compensation on your behalf. Keep in mind that you may still be responsible for other costs related to your case. Our lawyers can go over our payment structure with you to help you understand any other potential fees.
We have decades of combined experience helping clients with injury cases in California, and that plays a significant role in how we manage your case. Our years in the field, combined with our knowledge of California laws, allow us to represent each client with confidence.
What To Expect From Oakland Pedestrian Accident Attorneys
Seeking assistance from our Oakland pedestrian accident lawyers as soon as possible may give us ample time to prepare a case and protect your rights to pursue just compensation. Our experienced lawyers can handle the legal aspects of your case while you focus on getting better. This can be beneficial because psychological stress has been found to cause delays in healing.
We will take care of your legal needs. Here is what you can expect from our team:
- Investigation is essential in establishing negligence and liability in any pedestrian accident case. As such, we conduct a comprehensive investigation to uncover evidence and facts that may support your claim. We go through files of police reports, medical reports, eyewitness accounts, and anything that can be used as evidence.
- Our team can handle correspondence with insurance companies. We recognize how stressful talking to them can be, especially while you’re still healing from your injuries. We can handle negotiations on your behalf. Our lawyers can help you assess whether the insurer’s offer is fair and advocate for appropriate compensation that may be available to you.
- We understand that California pedestrian laws may go beyond common knowledge, and that is okay. Our role as lawyers extends beyond representing you in court. We are also open to answering any questions and concerns you have. We will guide you throughout the process in a way that is easy for you to follow.
- Our team works with professionals in other fields, such as brain surgeons and accident reconstructionists. Our network allows us to recommend skilled physicians for victims, as well as verify pieces of evidence to help with your case.
Causes Of Oakland Pedestrian Accidents
Pedestrian accidents can occur when jogging on a path or walking along a sidewalk. Getting hit by a moving vehicle while crossing the road is one of the most common. It can be fatal and has been the cause of death of 57 individuals in Oakland from 2019 to 2023. According to the City of Oakland, the highest number of traffic-related pedestrian fatalities was in 2020, with 14 recorded deaths.
Here are the common causes of pedestrian collisions in Oakland:
- Distracted driving, including using a cell phone, talking, eating, grooming, etc.
- Drowsy driving due to lack of sleep and rest or a sleep disorder.
- Driving under the influence of alcohol, prescription drugs, illegal drugs, or both.
- Going beyond the speed limit or excessive speed for the conditions.
- Failure to yield.
- Unsafe turning.
- Running red lights or stop signs.
- Driving without or with broken headlights at night, dusk, or dawn.
- Failure to use headlights at night, dusk, or dawn.
- Defective traffic lights.
- Not enough traffic signs.
- Poorly maintained roads.
- Poorly designed roads, including a lack of marked crosswalks.
- Failure to pay attention to surroundings.
Does your case involve any of these? Call our pedestrian accident lawyers in Oakland at (888) 488-1391 for a free initial consultation.
Pedestrian Rights In Oakland, California
Pedestrians have rights on the road. Knowing what they are can significantly help when pursuing legal action. On the other hand, drivers have a duty of care while on the road. They need to be wary not just of the road ahead but also of the people around them.
Relevant pedestrian rights in California include the following:
- Right of Way — Pedestrians have the right of way on California streets when they are in a crosswalk or other protected walkway. Drivers must leave a wide berth for pedestrians. They must also yield to pedestrians to ensure their safety.
- Use of Sidewalk — Sidewalks are available to pedestrians for their use in an unhindered and uninterrupted manner. It is almost certainly the driver’s responsibility if they hit a pedestrian on the curb or sidewalk. Furthermore, the driver must always yield to pedestrians if they are crossing over a sidewalk for any reason.
- Crossing the Street — Pedestrians crossing the roadway within a marked or unmarked crosswalk at an intersection have the right of way, according to California’s Vehicle Code 21950.
Although pedestrians have these rights, it is essential to have the same duty of care as drivers. Whenever you are crossing the street, be wary of your surroundings. Do not intentionally cross, knowing a car is headed your way. Use utmost caution whenever you are on the road.
However, if you believe your rights have been breached, our Oakland pedestrian accident lawyers can help you explore your legal options.
Where Do Collisions With Pedestrians Occur Most Often?
Pedestrian collisions typically occur in urban settings and on non-state highways, according to the California Department of Transportation. The most dangerous accidents occur between 5 PM and 11 PM. Over half of the pedestrian fatalities and serious injuries happen during these hours.
Determining Liability In Your Pedestrian Accident Lawsuit
In a pedestrian accident lawsuit, a jury ultimately decides who is liable. It is based on the pieces of evidence that both parties will present. In a personal injury case, you must demonstrate that the defendant was negligent and that their negligence caused you to suffer extensive damages.
The four elements of negligence are as follows:
- The defendant must have owed you a legal duty to exercise reasonable care.
- The defendant must have breached that duty by acting or failing to act in a particular manner.
- The defendant’s breach must have directly caused the injury.
- You suffered from injuries and other losses due to the defendant’s action.
However, California is ruled by pure comparative negligence law. This means both parties can share the fault. If you, as the pedestrian, have been found to be partly at fault for not following traffic regulations or not paying attention, you will be designated a percentage of liability. That percentage will be deducted from the final amount of compensation that may be owed to you. For example, if you are found to be 30 percent at fault, 30 percent will be deducted from your settlement award.
Our skilled Oakland pedestrian accident lawyers can help you identify the at-fault party’s negligence. We can search for evidence that may help us build a case that reflects the extent of your losses and assist you in seeking appropriate compensation.
How Our Oakland Pedestrian Accident Lawyers Prove Liability
To prove the defendant’s liability in your case, our skilled Oakland pedestrian accident lawyers can conduct a thorough investigation. We gather and review pieces of evidence, which include, but are not limited to, the following:
- Police Report — This initially gives lawyers the authorities’ theory of liability. Essential details such as the names and contact details of people involved in the accident are also in the report. This helps us contact eyewitnesses and follow up on their testimonies.
- Eyewitness Testimonies — It is essential to gather every possible version of how the accident happened. This will establish the chain of events leading to the collision.
- Medical Reports — This lists all the injuries you sustained from the accident, which can be helpful in establishing negligence. Moreover, it also paints a picture of how severe the damages are, which helps in determining the final compensation amount.
- Related Photos and Videos — Photos and videos of the scene will also play a huge role in proving liability. These will provide a visual imagery of the accident. Additionally, CCTV footage usually tells the story and points to liability.
- Expert Opinions — Our lawyers also have connections to expert witnesses who can offer their opinions to support your case. For example, medical experts can help the jury understand the severity and effects of your injuries.
Available Compensation For Your Pedestrian Accident Claims
Several factors will determine the amount and type of compensation that may be available to you under California law. Our pedestrian accident lawyers in Oakland can assess your eligibility for compensation and help you file a claim for the damages you have suffered.
You can seek compensation for economic, non-economic, and punitive damages depending on your case.
Economic Damages
This type of compensation is intended to restore a victim’s economic status to what it was prior to the accident. This means that economic damages cover the injured person’s direct monetary expenses resulting from the accident. Economic damages can be supported by bills, receipts, and invoices.
The following are typical examples of economic damages:
- Medical Expenses — The medical expenses you incur due to your injuries may be eligible for compensation. This includes hospital bills, doctors’ fees, laboratory payments, surgery and operations, treatments and rehabilitation, and prescription drugs. Future medical expenses your injuries will incur may also be included.
- Lost Wages — Injuries will likely prevent you from going to work. As a result, you will not be able to receive your wages. The compensation may include the wages you lost and will lose because of your injuries.
- Lost Earning Capacity — Pedestrian accidents are notorious for causing severe injuries. Unfortunately, these issues can persist for a long time. They may also cause disabilities that will impede your capacity to perform your regular job duties. As a result, you may lose your job and potential earning capacity in the future. You may be paid to cover this loss.
- Property Damage — Your property can get damaged or lost because of the collision. You may also be entitled to seek recovery for the money spent on fixing your property or buying a new one.
Non-Economic Damages
This type of compensation refers to payment for subjective and non-monetary losses. These often include the following:
- Emotional Distress — Being in an accident is traumatic. Victims typically develop mental health issues, such as post-traumatic stress disorder (PTSD), depression, and anxiety.
- Pain and Suffering — This pertains to physical, mental, and emotional pain and suffering the accident has caused you and your family. This can persist for a long time, even after the physical injuries have recovered.
- Loss of Enjoyment — Whether caused by mental distress or physical injuries, accidents can result in loss of enjoyment. Activities you once loved doing do not give you the same joy as they did before the accident. For example, you used to love jogging, but the accident happened while you were running. Now, you cannot enjoy the activity anymore.
- Diminished Quality of Life — The accident may have caused you physical disabilities that prevent you from doing things independently. You may also be suffering from mental distress, making you isolate yourself from your peers. Depending on your specific situation, you may also be experiencing chronic pain. All of these can significantly diminish your quality of life.
Punitive Damages
In rare cases, punitive damages may be awarded to punish the defendant for intentional, reckless, or malicious behavior and deter others from behaving similarly. Since they are not awarded to compensate for any losses, these are neither economic nor non-economic damages.
According to the Cornell Law School’s Legal Information Institute, courts apply punitive damages in only 5 percent of verdicts. This is rarely awarded and usually reserved for cases where a defendant has engaged in particularly harmful conduct. Punitive damages are given to prevent similar instances from happening in the future.
The Oakland pedestrian accident lawyers at Arash Law may be able to help you pursue punitive damages on top of your potential compensation.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
Is Jaywalking Legal In California?
Jaywalking was previously illegal in the state of California. However, Governor Gavin Newsom passed the “Freedom to Walk Act” in October 2022. As of January 2023, jaywalking had been decriminalized statewide.
Jaywalkers could face fines of up to $250 when they were caught jaywalking in the past. However, according to the new law, traffic officers cannot take action or issue citations unless there is “immediate danger of collision.”
Moreover, pedestrians can only use crosswalks between adjacent intersections that have traffic control signal devices or police officers. This is according to the California Vehicle Code 21955.
With that said, pedestrians are still advised to exercise caution when crossing any road. Although you can cross roads without worrying about fines, you still have to worry about your safety. If you’ve been hit by a car while jaywalking, it may be wise to consult our Oakland pedestrian accident lawyers to see if you might be at fault.
Statute Of Limitations For Filing A Claim
Pedestrian accident claims must be filed within two years of the accident or injury. However, some exceptions can give you a shorter or longer time limit, depending on your specific circumstances.
If the victim is a minor, the statute of limitations will not begin until they reach the legal age. As soon as they turn 18, the two years will begin running. Moreover, if one of the at-fault parties is a government entity, victims only have six months to pursue them legally.
Working with the skilled pedestrian accident attorneys in Oakland can help you understand which deadlines may apply to your case. If you have concerns about your case or the statute of limitations, you can also ask us. We answer questions and concerns victims have.
FAQs About Pedestrian Accidents
What Should I Do If The Driver Leaves The Scene After A Pedestrian Accident?
Your accident may be considered a hit-and-run case if the driver flees the scene without providing any information or help. In these cases, try to gather as much information as you can that can help identify the driver. Try to memorize or jot down the car’s plate number. Even a partial plate number can significantly help.
However, under no circumstances should you follow in pursuit. Do what you can, but prioritize your safety and health. There are other ways of identifying the at-fault party, such as CCTV footage and eyewitness statements.
Call the police and first responders. Cooperate and tell them what happened to the best of your ability. Give them any information you have. They will handle finding and apprehending the at-fault party. More importantly, focus on getting medical attention. Even if you only sustained minor to mild injuries or your injuries are not immediately present, do not hesitate to go to your doctor.
After the chaos, consult a hit-and-run accident attorney. They will provide you with legal representation and guide you on what to do next.
What Should I Bring To My Meeting With A Lawyer?
During the initial consultation with our pedestrian accident lawyers in Oakland, you can receive guidance on whether you have a valid case. You can also ask questions and voice out your concerns.
When meeting with a lawyer for the first time, you should bring the following documents with you:
- Medical reports as proof of the injuries you acquired from the accident.
- Well-written personal statement detailing the accident from your perspective.
- A copy of a signed police report.
- Copies of your insurance information.
- Any identification that proves your identity.
- A list of questions you have for the lawyer.
The lawyer will tell you if a second meeting is needed and if you need to bring more documents. You can also learn more about our onboarding process here.
Will The Driver's Insurance Company Pay Your Medical Bills?
Insurance companies may avoid or minimize paying you the recovery you may be entitled to. However, if you win the case, they are legally obligated to reimburse you for your medical bills. If you were in an accident, this is where your health insurance comes into play. Your insurance company will pay for the discounted medical bill. However, you may also be able to get compensation for the full undiscounted bill amount depending on the specifics of your case.
Settlement negotiations can take weeks, if not months, to get finalized. Getting the help of our pedestrian accident attorneys in Oakland can help you effectively negotiate with insurers.
What Is My Pedestrian Accident Case Worth?
Each case is different, so it is hard to put a figure on how much a case may be worth. However, several factors will determine the final settlement award. The severity of your injuries is one. Serious injuries usually increase the amount because they rack up a higher medical bill. The anticipated effect on your life and your lost wages are also other factors. The presiding judge will decide the final amount that you may be entitled to receive.
California Pedestrian Accident Statistics
The number of pedestrian fatalities over the years in the United States is increasing. According to the Governors Highway Safety Association (GHSA), an estimated 7,624 pedestrian fatalities were recorded in 2021. Meanwhile, the deaths in 2010 were only 4,302. There is a 77 percent increase within 11 years.
In California, 1,120 pedestrians died due to traffic-related accidents. The number increased from the 1,020 fatalities of the previous year.
The National Safety Council (NSC) cited speeding as a factor in 29 percent of all traffic fatalities in 2021. It has killed 12,330, or an average of 33 people per day. Drivers have less or no reaction time to hazards, including crossing pedestrians, when they are speeding.
Need Skilled Oakland Pedestrian Accident Lawyers To Handle Your Case?
Pedestrians go out thinking they are safe in their designated areas. However, accidents can happen in the blink of an eye. If you or a family member sustained injuries from a pedestrian accident, our team of skilled Oakland pedestrian accident attorneys is here to help. We can assist you in getting just compensation for your medical bills, lost earnings, and more. We can represent your interests and help you protect your rights.
Call Arash Law at (888) 488-1391 if you need legal assistance, and we can begin reviewing your case to help you understand your legal options. We also serve victims in need in San Francisco, Emeryville, Temescal, Rockridge, Piedmont, Montclair, East Port, Canyon, Redwood Heights, San Leandro, Bay Farm Island, and Alameda.
