Orange County Pedestrian Accident Lawyers
Pedestrians endure some of the most serious injuries of all auto accident victims. Unlike drivers and passengers, pedestrians are not protected by the steel frame of a heavy vehicle. They do not even have the protection of a helmet (which offers at least some injury protection to motorcycle riders and bicyclists). Pedestrians suffer costly injuries in auto accidents.
These high medical bills lead to large personal injury settlements. It is important to protect your legal rights after a car accident. Our experienced Orange County pedestrian accident lawyers are here to answer all your questions. We fight hard to ensure that all injured pedestrians have access to the compensation they are owed.
Settlement in a motor vehicle versus pedestrian accident; client, suffered facial and spinal injuries.– Judd Ross Allen
Real Results for California Pedestrians
A lot of injury lawyers say they are the best, but we prove it. What follows are some real results our firm has obtained for California injury victims:
- $6.1 million for a young pedestrian accident victim – The child was just six years old at the time of the accident.
- $5 million for a pedestrian who was struck by a truck – The defense tried to blame our client, accusing him of looking at his phone at the time the truck driver hit him. We fought back against such an absurd defense and forced the insurance company to pay up.
- $3.5 million for a child who was struck by a truck – The insurance company tried to blame a young child, just six years old, for riding his bike in the street. We forced the defense to admit the truck driver’s negligence and obtained millions of dollars for our deserving client.
- $2 million for a pedestrian who was struck while jaywalking at night – The police report even said that our client was at fault, but we worked hard to prove the driver’s negligence. We established liability and recovered millions of dollars for the victim.
- $1.25 million for another child pedestrian victim – Once again, the insurance company tried to blame a five-year-old child for running out into traffic. Our litigators hired accident reconstruction experts to prove that the driver could have avoided the accident had they not been negligent. We proved liability to win over a million dollars for our client.
While these results do not guarantee the outcome of your case, they do show the hard work we do for our clients and the good results we are able to obtain. We fight hard to protect the legal rights of all our clients. Injury victims have the legal right to be fairly compensated for all their injuries and losses.
What an Orange County Injury Lawyer Will Do for You
You might wonder whether you really need a lawyer. The insurance company might tell you that it will take longer or be more difficult to resolve your claim with an attorney because claimants who have lawyers consistently receive higher settlements than those who handle their own claims.
There are many things an injury lawyer does to protect your legal rights. What follows are just a few of the most important things we do to ensure that our clients get the compensation they deserve.
1. We will protect you from being harassed by the driver’s insurance company.
As soon as the insurance company is notified that you have a lawyer, they may no longer contact you directly about your claim. All communications must go through your attorney’s office, which protects your legal rights in several ways. First, it ensures that you will not accidentally say anything that could hurt your case.
Insurance companies are experienced in twisting a victim’s words around. They might make it sound like you made your own injuries worse, that you contributed to the accident in some way, or even that you are entirely to blame. We do not allow such mischaracterization to happen to our clients.
Second, having a lawyer protects you from being harassed by insurance companies. Often a claims adjuster will push victims to settle their claims as quickly as possible. They might promise you “fast cash” or use other tactics to get you to sign away your rights immediately.
You have the right to consult with your own attorney. It is important to give your attorney the time they need to investigate your case and learn what your claim is truly worth. Insurance companies know that they can pay less when they settle claims quickly before the victim has a chance to investigate their claim or learn about their legal rights.
For this reason, it is best to have no contact with the other driver’s insurance company. Let us handle all communications to protect you from harassment and other common tactics.
2. We will thoroughly investigate your case to find all potential defendants, legal claims, and insurance policies.
Even if an injury case seems simple or straightforward, there are many legal issues that must be examined. You have the right to be fairly compensated for your injuries. In order to protect this right, an experienced lawyer must investigate the case to find all potential legal claims that you have. Our skilled injury attorneys also look for all potential defendants and any additional insurance policies that may cover your accident.
This process will ensure that you have access to all the compensation to which you are lawfully entitled. It also ensures that no one gets out of paying what they owe and holds negligent drivers accountable when they injure pedestrians. Accountability helps make the roads of California safer for all pedestrians.
3. We will help you document all the losses you have suffered.
Injury victims are entitled to compensation for their financial losses, such as medical bills and lost wages. They are also entitled to compensation for their emotional losses. These intangible losses are collectively referred to as “pain and suffering,” which is often the largest component of a personal injury award. It can also be the most difficult to prove.
Unlike medical bills, there are no receipts for your pain and suffering. It is so important to work with a skilled accident attorney who knows how to prove the value of your intangible losses. Our legal team works with injury victims to help them document all the pain and suffering they endure.
If you have cuts, bruises, stitches, or other visible signs of your injuries, we will ensure that we have high-quality photographs that can be introduced into evidence at trial. You might also keep a journal to document the specific ways in which you are affected by your injuries. For example, you might be kept awake at night by your pain.
The lost sleep can, in turn, cause you to be stressed about your job performance at work the next day or even miss work altogether. The stress of your job and the pain of your injuries could lead you to have a fight with your spouse or partner.
All of this added stress and emotional strain is part of your pain and suffering. Our lawyers help clients document these specific losses so we can prove the full value of compensation you are owed for your injuries.
4. We can help you find medical providers who will wait for payment.
For many injury victims, the most pressing concern is how they will pay for costly medical bills at a time when they are unable to work. It is important to get the medical care you need without delay. Delayed treatment can make your pain and suffering worse, and it can even make your overall prognosis worse, as well.
In these circumstances, an insurance company can reduce the value of your claim. (Defendants are only liable for the injuries they cause, not for any added suffering caused by delays in treatment.) Talk with our injury lawyers about any financial questions you have. We will help you find the best way to get the treatment you need.
First, your health insurance carrier must pay for any medical treatment that is covered under your plan. Health insurance includes Medicare, Medicaid, and marketplace health plans. (If you are paid for the same bills later in a personal injury settlement, the carrier can seek reimbursement, but our lawyers will handle that at the end of your case.)
These plans will usually cover emergency care, like ambulance services and ER visits. If you do not have health insurance, there are still options for getting ongoing care and treatment. Some chiropractors will accept patients with no upfront payment. Instead, they work “on lien,” which means they have a loan against your personal injury settlement for the cost of their services.
Our office then pays them after your case is settled. This option is just one possibility. Our injury lawyers will help you make the financial arrangements that are right for your unique situation. The important thing is not to delay any medical treatment that you need.
5. We will determine the actual fair value of your case.
It is incredibly important for injury victims to get independent legal advice about the value of their claims. An insurance company might try to tell you that your injuries weren’t “that bad,” that your case isn’t worth “that much,” or that a jury wouldn’t think the case was worth very much. These statements are legal advice about the value of your case.
You should never take legal advice from someone who is working for the other side. (Remember, the insurance company represents their insured driver, and their job is to pay you as little as possible.) Injury victims have the legal right to get advice from a legal professional who is actually on their side.
Our skilled Orange County pedestrian accident lawyers will fight hard to get you all the compensation you are owed. We will investigate all potential legal claims, defendants, and insurance policies to make sure that none of your money is left on the table. Most importantly, we will give you a fair assessment of your case so that you don’t have to take the insurance company’s word for it.
6. We will advise you on whether you should accept a settlement or take your case to court.
There comes a point in settlement negotiations where an insurance company either cannot or will not go any higher. At this point, you must decide whether to accept the settlement offer or take your chances in court. Our lawyers will help advise you on this matter.
We will make sure you understand all the risks and benefits of taking your case to court. We can even make a recommendation about whether to accept a settlement offer. Ultimately, however, it is your decision to make. We will make sure you have all the information you need to make an informed decision about your legal right to have a trial by jury.
7. If necessary, we will file a lawsuit on your behalf and begin litigating your case.
Your injury lawyer will handle the complex task of filing a lawsuit for you. We prepare the necessary paperwork, file it at the court, and ensure that all defendants are properly served as required by law. Sometimes the very act of filing a lawsuit is enough to get the insurance company to make a fair settlement offer.
If not, our skilled lawyers will continue the litigation process to prepare your case for trial. This process consists of both discovery of evidence and disclosing of all evidence to the other side. Discovery is conducted through document requests, written questions, and depositions.
Sometimes the court will have to rule on motions about this evidence. Throughout the litigation process, we will continue settlement negotiations if the insurance company is willing to negotiate in good faith. If they do not, we will be sure that your case is ready for trial.
8. If necessary, we will litigate your case at trial.
Very few injury cases in the United States make it all the way to trial. The vast majority of personal injury claims are settled out of court, but if your case is one of the few that must go to trial, we will be ready to fight for your rights. Our experienced litigators know how to present a compelling case to a jury.
We know how to find persuasive expert witnesses and show a jury exactly how much pain and suffering you have endured. We are prepared to fight back if the defense lawyer tries to claim that you made your own injuries worse or that you were partly to blame for the accident, or they try any other trick to try to convince the jury that you don’t deserve fair compensation.
Not every injury lawyer is prepared to go to trial. It takes an experienced litigator to know how to present a compelling case to judge or jury. Our skilled litigation team is experienced in handling injury claims at all stages of the court process.
Who Is Liable for Pedestrian Injuries?
The person who is legally responsible (“liable”) for causing your injuries also has the legal obligation to compensate you for them. Because of this rule, our attorneys work hard to find all potential defendants in a personal injury case.
We are experienced at finding the individuals and companies who have any liability whatsoever for causing pedestrian accidents. What follows are some of the most common defendants in a pedestrian injury case.
Often, an injured pedestrian has been struck by a negligent driver. There are many things a driver can do to be considered negligent. They could be distracted by a smartphone, navigation program, or other electronics in the vehicle. The driver might be eating or drinking instead of watching for pedestrians in the roadway.
They could be impaired by drugs, alcohol, prescription medications, or other substances. They could be committing another traffic infraction (such as running a red light). In all of these cases, the negligent driver would be liable for hitting the pedestrian, and their auto insurance carrier would be contractually obligated to compensate the pedestrian for their injuries.
Pedestrians can also be struck by bicyclists on the road. Such an accident is not as common as auto accidents, simply because there are far more cars on the road than bicycles. Nonetheless, it is possible for a pedestrian to be seriously injured when struck by a bicyclist.
These cases can be tricky because there are usually no auto insurance policies involved. Be sure to hire a pedestrian injury lawyer as soon as possible to protect your legal claim against a negligent bicycle rider.
Some pedestrian injuries are caused by dangerous road conditions. Imagine, for example, that you were trying to cross a parking lot in a poorly-lit parking garage. Drivers might be unable to see you in the low lighting. Under these circumstances, the garage owner could be found liable for failing to correct the dangerous condition on their property.
Apartment managers and landlords can also be found liable for dangerous conditions that cause pedestrian accidents around your home. Suppose that a landlord repeatedly ignored your requests to repair a crumbling stairwell. If you were later injured while trying to walk on those stairs, you could pursue a personal injury claim against the negligent landlord.
Store owners, sports arena managers, concert venue owners, and water park operators can also be found liable for injuries that occur on their property. Even private homeowners can be held liable in certain circumstances. If you have been injured while walking on anyone else’s property, let our pedestrian accident lawyers in Orange County review your case to determine your legal rights.
Parents of Minor Drivers
In some cases, parents can be held liable for their child’s negligence. Parents can be liable for “negligent entrustment” when they allow a child who is unlicensed or inexperienced to use their vehicles. Parents can also be held liable when they provide alcohol to a minor who later causes a car accident.
Not every car accident involving a minor driver will automatically result in liability for the parents. Your injury lawyer will need to prove specific actions the parents took in order to prove their own liability.
(Giving alcohol to minors is usually clear evidence of negligence.) The experienced pedestrian injury lawyers at Arash Law headed by Arash Khorsandi, Esq. will review your claims to determine if you have a legal case against the minor driver, the driver’s parents, or all three individuals.
Employers are generally liable for the negligence their employees commit while on the job. If you were hit by an employee in a work truck or even an employee who was running a work errand in their personal vehicle, the employer could be liable for your injuries. If you were on the job when you were hit, your own employer might also have to compensate you for your injuries through a workers’ compensation claim.
Workers’ compensation is usually supplemental to other injury claims, so be sure to let our lawyers review your case before you file any type of injury claim. We will determine which claims you should file in order to have access to the maximum compensation for your injuries.
FAQ About Pedestrian Accidents
In most California injury cases, a victim has two years to sue a negligent driver before the statute of limitations expires. This rule does not mean that you automatically have two years to bring every claim. Workers' compensation claims must be brought within one year, and if you are suing a government agency, you must give notice even earlier than that. It is vitally important to hire an Orange County injury lawyer as soon as possible.
Getting legal advice early will ensure that your attorney has plenty of time to investigate all your potential legal claims before any deadline expires. It will also protect your legal rights. The longer you go without an attorney, the more likely it is that your rights could be placed in jeopardy.
As we have seen, your injury lawyer will need plenty of time to investigate your case. However, a thorough investigation is not the only reason you should hire a pedestrian accident attorney as soon as possible. Your lawyer will begin taking steps to protect your legal rights as soon as they are hired.
They will locate and preserve evidence, communicate with the insurance company, and find witnesses. The longer you wait to hire a lawyer, the more likely it is that evidence or witnesses will be lost.
There will also be more chance of you accidentally saying something to the other driver's insurance company that could hurt your case. The sooner you hire a pedestrian injury lawyer, the better protected your legal rights will be.
It is still possible to get compensation for your injuries if you were crossing outside of the crosswalk. Our firm has recovered money for clients even after they were cited for jaywalking. Drivers still have a legal obligation to keep an eye out for pedestrians on the roadway. They can still be negligent and liable for injuries, even if the pedestrian was partly at fault for jaywalking.
Pedestrians are also not automatically at fault just because they were crossing against a light or outside of a crosswalk. Insurance companies try to take advantage of these circumstances to shift the blame to the victim - even when the driver should have been able to avoid hitting the pedestrian.
Just because the insurance company says you are at fault does not make it true! Remember, they are trying to get out of paying as many claims as possible. They are also not on your side. Only your own attorney can give you a fair assessment of your case.
Even if your lawyer determines that you are partly at fault, you can still recover compensation for a portion of your losses. The important thing is not to give up just because the insurance company tries to blame you. Let our attorneys review your case at a free consultation to determine what compensation you are really owed.
In most cases, your own auto insurance carrier will not be involved in a case against a negligent driver. In some cases, your injury lawyer might open a claim on your own policy in order to access specific coverage. Medical payments coverage ("med pay") is a common example. This optional coverage can help pay for your medical bills while your personal injury claim is being resolved.
You might also have an "underinsured motorist" claim (UIM) if the at-fault driver has a policy with low coverage limits. You do not need to worry about these claims, though. Our experienced accident attorneys will review your case and your insurance policy to determine whether a claim needs to be opened. If it does, our office will handle all the paperwork associated with this new claim.
Parents have the legal right to file injury claims on behalf of their children. The law requires drivers to exercise greater caution around children because they are impulsive and not yet able to understand dangers in the way that adults do. Parents are entitled to compensation for their child's injuries even if the child ran out into the street or otherwise contributed to the accident.
Drivers must use added caution to look out for children, especially around schools, playgrounds, daycare centers, and other places where children are likely to be found. It is important to hold any negligent driver accountable for the injuries they cause.
When a driver's negligence injures a helpless child, this accountability is more important than ever. Accountability helps make the roads of Orange County safer for all children. We help parents enforce their child's legal rights after any type of auto accident.
Arash Khorsandi and his award-winning legal team at Arash Law never require payment upfront in order to take a case. Like many personal injury firms, we work on contingency. A contingent fee agreement means that we will start work on your case without payment. Instead, you agree to pay us a set portion of any award we are able to obtain on your behalf.
This arrangement allows you to get the legal advice you deserve without having to come up with cash to pay for attorney's fees. We believe that all injury victims are entitled to legal advice. We understand that many injury victims are not able to pay for attorney's fees at a time when they are accruing medical bills and out of work.
At your free consultation, one of our experienced Orange County personal injury lawyers will determine your legal rights and explain how our contingent fee agreement works. We encourage you to ask any questions to be sure you are comfortable with our fee agreement. We want to be sure that all of our clients are comfortable with the financial arrangements.
The Right Orange County Pedestrian Accident Lawyers for All Injury Cases
A quick online search for “pedestrian injury lawyers near me” will show you dozens of options for injury attorneys in your area. How do you know who is the best? Arash Khorsandi and his experienced auto accident lawyers at Arash Law have decades of experience. Our experienced legal team has collected over 500 Million dollars for clients across the Golden State.
We work in Newport Beach, Dana Point, Anaheim, and throughout Orange County. Our legal team also serves clients in Los Angeles, Sacramento, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sherman Oaks, San Francisco, and throughout California.
Call (888) 488-1391 today to schedule your free consultation. Don’t wait to get an experienced legal professional fighting on your side. The sooner you hire a pedestrian injury lawyer, the better protected your legal rights will be.