Oakland Pedestrian Accident Lawyers

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Trusted Oakland Pedestrian Accident Lawyers Who Are Turning Victims Into Victors

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 get you compensation for your injuries. Call us at (888) 488-1391 for a free 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 can legally pursue compensation. The award-winning team of Oakland pedestrian accident attorneys here at Arash Law will fight relentlessly on your behalf. We will ensure you get paid for your losses. Fill out the “Do I have a case?” form and start your free, no-obligation case review.

Car Accident
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.

Why Choose Arash Law’s Oakland Pedestrian Accident Attorneys

Founded by Arash Khorsandi, Esq., Arash Law boasts a team of award-winning accident lawyers. We may handle different personal injury cases, but we treat each one with the same care. Our ultimate goal is for our clients to feel like victors instead of victims.

Our legal assistance is accessible to everyone. We work on a contingency fee basis. That means you do not have to pay us anything upfront. There is no hourly rate that will stack up or hidden fees you should be worried about. We get paid when you get paid. Nothing will come out of your pocket.

We have decades of combined experience, and that plays a significant role in winning cases. We have won over $500 Million in compensation for our clients. Our years in the field, combined with our knowledge of California laws, allow us to represent each client with confidence.

Let our proven track record do the speaking. You can also check our client testimonials to see what our clients say about us.

What To Expect From Oakland Pedestrian Accident Attorneys

Hiring our Oakland pedestrian accident lawyers as soon as possible is vital to getting better results. You can have peace of mind knowing that someone competent is handling your case. You can take your mind off things and focus on getting better. This is important 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. We do all the investigation needed to back up your claim. We go through files of police reports, medical reports, eyewitness accounts, and anything that can be used as evidence.
  • Insurance companies do not have to call you anymore. We know how stressful talking to them can be. We will do all the negotiations on your behalf. Rest assured, we will relay every offer they make to you, seeing through their tactics and fighting their attempts at trying to underpay you.
  • We understand that the average person is not well-versed in the California pedestrian laws, and that is okay. Our job as lawyers is not limited to 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 other leading experts, such as brain surgeons and accident reconstructionists. Our network allows us to recommend the best medical care for victims, as well as verify pieces of evidence and ensure everything aligns.
Emperatriz Ayala
Emperatriz Ayala
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My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.
Chris Zavala
Chris Zavala
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Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!
Jill Smith
Jill Smith
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Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.
Joseph R. Porter
Joseph R. Porter
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From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.
Monica Parra
Monica Parra
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I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏 With Gratitude, Monica Parra

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 were 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 sleep disorder
  • Driving under the influence of alcohol, prescription drugs, illegal drugs, or a combination
  • 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 today at (888) 488-1391 for a free consultation.
Causes Of Oakland Pedestrian Accidents
Pedestrian Rights In Oakland, California

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 the 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.

But if you believe your right has been breached, contact our Oakland pedestrian accident lawyers immediately.

Where Do Collisions With Pedestrians Occur Most Often?

Pedestrian collisions typically occur in urban settings and non-state highways, according to the California Department of Transportation. Accidents that happen between 5 PM and 11 PM are deemed as the most dangerous. 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. For you to win the case, you must prove that the defendant was negligent and that their negligence cost you 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 damages 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. For example, if you are found to be 30 percent at fault, 30 percent will be deducted from your settlement award.

Working with our skilled Oakland pedestrian accident lawyers will help determine the at-fault party’s negligence. They will build your case with compelling evidence. You also have better chances of acquiring the maximum compensation.
Franchot M.
Personal Injury Settlement
Our client was the victim of a rear-end accident who was left injured and severely in pain. Arash Law was able to outshine other injury law firms when he searched online, and thankfully we were able to handle everything for our client from A to Z — All that he had to do was ask and focus on his recovery. Our client’s life has changed forever, and the compensation received for the pain and suffering has opened paths for new lifelong opportunities.
Personal Injury Settlement
Our client was the victim of a rear-end accident who was left injured and severely in pain. Arash Law was able to outshine other injury law firms when he searched online, and thankfully we were able to handle everything for our client from A to Z — All that he had to do was ask and focus on his recovery. Our client’s life has changed forever, and the compensation received for the pain and suffering has opened paths for new lifelong opportunities.

How Our Oakland Pedestrian Accident Lawyers Prove Liability

To prove the defendant’s liability in your case, our competent Oakland pedestrian accident lawyers will do 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 on the report. This helps us contact and follow up on eyewitness 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. This is essential in determining 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 opinionsOur lawyers also have connections to industry experts who can provide expert opinions regarding 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 you will get. Rest assured, our pedestrian accident lawyers in Oakland will fight relentlessly to ensure you receive the amount you deserve.

You can get 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 proven via bills, receipts, and invoices.
The following are typical examples of economic damages:
  • Medical expenses – You may be entitled to compensation that can cover the medical expenses of your injuries from the accident. This includes hospital bills, doctor’s fees, laboratory payments, surgery and operations, treatments and rehabilitation, and prescription drugs. Future medical expenses your injuries will incur are also 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 recover 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 after the accident. For example, you used to love jogging, but the accident happened while you were running. Now, you cannot enjoy the activity anymore.
  • Lower quality of life – The accident may have caused you physical disabilities. You may not be able to do things independently anymore. Or you have isolated yourself from your peers. You may also be experiencing chronic pain. All of these can significantly diminish your quality of life.
Punitive Damages
Damages awarded as punitive measures are intended to deter intentional, reckless, or malicious behavior. 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 can increase your chances of getting punitive damages on top of your compensation.
Available Compensation For Your Pedestrian Accident Claims
Mild Traumatic Brain Injury
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.

Is Jaywalking Legal In California?

Jawywalking 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 traffic control signal devices or police officers control. 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 have been hit by a car while jaywalking, it is best to ask Oakland pedestrian accident lawyers if you can be found liable.

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 delay or fast forward the deadline.

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 best pedestrian accident attorneys Oakland has to offer will help you avoid missing these deadlines. If you need help understanding something pertaining to these statutes 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 will 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. Also, 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 know 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:
  1. Medical reports as proof of the injuries you acquired from the accident
  2. Well-written personal statement detailing the accident from your perspective
  3. A copy of a signed police report
  4. Copies of your insurance information
  5. Any identification that proves your identity
  6. 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 will do their best to avoid or minimize paying you what you’re due. 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 are still entitled to compensation that covers the total undiscounted bill.
Settlement negotiations can take weeks, if not months, to get finalized. Getting the help of our pedestrian accident attorneys in Oakland as soon as possible can help speed up the process.
What is my pedestrian accident case worth?
Each case is different, so it is hard to put a figure on how much a case is 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 rake up a higher medical bill. The anticipated effect on your life and your lost wage are also other factors. The presiding judge will decide the final amount that you will 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 The Best Oakland Pedestrian Accident Lawyers To Win Your Case?

Pedestrians go out thinking they are safe in their designated areas. But accidents can happen in a blink of an eye. If you or a family member sustained injuries from a pedestrian accident, our team of highly skilled Oakland pedestrian accident attorneys is here to help. We will assist you in getting fair compensation for your medical bills, lost earnings, and more. We will represent you and protect your rights.

Call Arash Law at (888) 488-1391 if you need legal assistance, and we will reach out to you immediately. We also offer our legal expertise to victims in need in San Francisco, Emeryville, Temescal, Rockridge, Piedmont, Montclair, East Port, Canyon, Redwood Heights, San Leandro, Bay Farm Island, and Alameda.

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