Oakland Pedestrian Accident Lawyers
with over $500 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.
Trusted Oakland Pedestrian Accident Lawyers Who Are Turning Victims Into Victors
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.
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
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.
- 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.
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.
- 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
Pedestrian Rights In Oakland, California
- 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 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.
How Our Oakland Pedestrian Accident Lawyers Prove Liability
- 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 opinions – Our 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.
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
- 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
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.
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?
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.
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.
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.
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?
- 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?
What is my pedestrian accident case worth?
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.