California Pedestrian Accident Lawyers
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Powerful California Pedestrian Accident Lawyers Defending The Injured
Pedestrians are the most vulnerable to injuries on the roads of California, compared to those in motor vehicles or on bikes. If you’ve been injured by a vehicle while crossing the street or just walking on the sidewalk, call our California pedestrian accident lawyers at (888) 488-1391 today. Arash Khorsandi, Esq., and his award-winning legal team at Arash Law can help you obtain the maximum compensation for injuries and deaths caused by negligent drivers.
We have successfully recovered over $500 Million for personal injury victims. Our experienced lawyers are experts at representing California residents injured or killed in pedestrian accidents. We invest time in building relationships with our clients and understanding their unique circumstances. This enables us to obtain the most favorable settlements or jury verdicts possible for them.
Why You Should Consult California Pedestrian Accident Lawyers
The injuries sustained in pedestrian accidents can be catastrophic, and the cost of medical care and lost income resulting from such an accident can be excessive. Unfortunately, the full value of these damages is not easy to recover, even if you have a valid insurance claim. Insurance companies often try to minimize or deny your claim to avoid paying the full compensation you deserve.
The insurance company or defendant may try to coerce you into providing a recorded statement. This can be used later against you to reduce their liability or dispute your damages. Moreover, they might delay the claims process, hoping that you’ll settle for less out of frustration or financial need. They will also try to downplay the severity of your injuries or question whether they were caused by the accident. In some cases, they might offer a quick, low settlement, knowing that it doesn’t cover the full extent of your losses.
You may think you must cooperate with everything they ask you to do. However, do not take the insurer’s word for it. You need someone who will be by your side, advising you and fighting on your behalf. Our California pedestrian accident lawyers will help you stay one step ahead of the insurance company and avoid mistakes that would jeopardize your claim.
Our attorneys will also investigate immediately to gather evidence while it is still available. We can handle talks with the insurance company, calculate your damages, and use proven legal strategies during settlement negotiations and potential litigation.
You deserve top-notch legal representation, especially against dishonest insurance companies. Call (888) 488-1391 to talk to our pedestrian accident attorneys in California. We offer a free, no-obligation consultation.
How We Distinguish Ourselves From Other Personal Injury Law Firms – The Results We Achieved For Pedestrian Accident Victims
Our experienced personal injury attorneys at Arash Law stand out from other firms. We give each case the individual attention it deserves, meticulously preparing every detail. As a result of this approach, we have successfully recovered significant settlements and favorable jury verdicts for our clients, totaling $500 Million and counting.
We have access to considerable resources to conduct the most thorough investigations on behalf of our clients, whether the pedestrian accident they were injured in involves a truck, auto, motorcycle, or bike. We collaborate with medical specialists who are available to support diagnosis, prognosis, and, when applicable, a cause of death in cases where it may be in question.
An independent investigation of every California pedestrian accident is necessary to determine all the facts regarding the cause and consequences of the crash and accurately reconstruct the accident.
Furthermore, performing an extensive investigation will help us identify potential weaknesses in a client’s case to determine some of the challenges that may arise moving forward. Our California pedestrian accident lawyers carefully investigate the facts and legal issues presented in each case. By analyzing every aspect of the case, from evidence to legal strategy, we work to achieve the best possible outcome for our clients and hold the responsible parties accountable for their negligence.
What Is A Pedestrian Accident?
A pedestrian accident occurs when someone on foot is struck by a vehicle, resulting in injuries or death. This type of accident can involve various vehicles, including cars, trucks, motorcycles, bicycles, scooters, and mopeds. Injured pedestrians may suffer severe outcomes such as the inability to speak, see, or hear, the loss of limbs, conditions like paraplegia and quadriplegia, or even death. Pedestrians can also get injured in non-traffic incidents on construction sites, parking lots, driveways, and other private property.
What Makes Pedestrian Accidents In California Different From Other Types Of Accidents?
Pedestrian accidents are unlike other types because pedestrians have no protection in the case of an accident. Those riding in cars are in vehicles that weigh an average of 4,000 pounds and have seat belts and airbags to protect them.
Even bicyclists typically have helmets to protect them. Meanwhile, pedestrians are completely defenseless and vulnerable when an accident occurs due to someone else’s negligence.
Pedestrian accidents often lead to severe injuries or death. Common injuries sustained in these incidents include head trauma (e.g., skull fracture or scalp laceration), traumatic brain injuries, and other debilitating conditions. Many pedestrian accident injuries can also result in functional impairments or long-term disabilities.
Additionally, the legal landscape in pedestrian accident cases can be particularly complex due to several factors. Determining liability may involve analyzing right-of-way laws, local traffic regulations, and pedestrian behavior. All of these can vary depending on the location and circumstances of the accident. To navigate these matters effectively, victims need the guidance of a high-caliber personal injury law firm.
Our California pedestrian accident lawyers are committed to safeguarding your rights and helping you understand the legal options at your disposal. We will be your guiding light throughout the journey as we meticulously prepare your case, whether for negotiation with insurance adjusters or a court presentation if necessary.
Injuries Suffered in Pedestrian Accidents Can Be Much Worse Than in Other Types of Accidents
Pedestrian accidents can result in a wide range of injuries, from minor to severe, depending on the nature and force of the impact. These injuries can have lasting physical, emotional, and financial consequences. Some of the most common injuries in pedestrian accidents include:
Contusions, Cuts, And Abrasions
Contusions, or bruises, occur when the body strikes a hard surface, such as the ground or a vehicle, causing damage to the small blood vessels beneath the skin. While these injuries often result in visible black-and-blue discoloration, deeper tissue contusions may not be immediately apparent. In severe cases, contusions can cause significant pain, swelling, and even complications like internal bleeding.
Pedestrians can also sustain wounds, such as cuts and abrasions. While superficial cuts and scrapes may seem minor, they can introduce bacteria into the body, potentially leading to infections that can spread if untreated. Deeper cuts or lacerations are more painful and require longer recovery times. They often need stitches to prevent further complications and promote healing.
These injuries highlight the importance of taking pedestrian accidents seriously, even when they seem relatively minor at first. That’s why our California pedestrian accident lawyers strongly advise all victims to seek a thorough medical check-up after any accident, no matter how negligible the injuries might appear.
Head Injuries
A pedestrian accident involving a hard collision with a vehicle, the head striking the ground, or being hit by a falling object can result in the following injuries:
- Traumatic Brain Injury (TBI) — Even a seemingly mild concussion can have lasting effects. TBIs can lead to a wide range of symptoms, including cognitive, physical, and emotional impairments. Some common symptoms include difficulty concentrating, memory problems, headaches, dizziness, sensitivity to light and sound, changes in sleep patterns, depression, anxiety, irritability, and mood swings.
- Skull Fractures — Mild breaks can naturally heal over time, but severe skull fractures can lead to severe complications, including fluid leaks, infections, or even seizures. Recovery often involves extended time off work to rest and monitor the condition, and patients may face long-term medical follow-ups.
- Scalp Lacerations — These injuries can be more dangerous than lacerations on other body parts. The scalp has many blood vessels close to the skin’s surface, causing victims to bleed profusely, even from minor cuts. These wounds may require staples or stitches for proper healing.
In a pedestrian accident claim, victims are entitled to compensation for more than just their medical expenses. They also have the right to seek reparation for the pain, suffering, and inconvenience caused by their injuries, as well as for lost wages due to time away from work.
Additionally, if the victim had to shave their head for surgery, they may experience a loss of self-confidence and reduced social interactions, which can significantly impact their emotional well-being. These emotional and psychological effects are valid components of a claim, and victims deserve to be compensated for them as part of their overall recovery. Hire our California pedestrian accident lawyers for an accurate assessment of your damages.
Spinal Cord Injuries
Damage to the spinal cord can result in paralysis, loss of sensation, and other neurological deficits. The severity of the injury depends on where the spinal cord is damaged. For example, a high-level spinal cord injury can result in quadriplegia (paralysis of all four limbs), while a low-level injury can result in paraplegia (paralysis of the lower body).
For victims of pedestrian accidents who have suffered spinal cord injuries, the road to recovery can be long and expensive. In addition to extensive medical treatments, they may face lifelong disabilities, ongoing rehabilitation, and the emotional toll of losing their independence. Our pedestrian accident lawyers play a crucial role in ensuring that these victims receive fair compensation, not only for their medical expenses but also for their pain, suffering, lost wages, and future care needs.
Chest And Abdominal Injuries
Chest and abdominal injuries are common in pedestrian accidents, often resulting from the direct impact of a vehicle. Victims could sustain broken ribs, which can be incredibly painful and make it difficult to breathe. Severe cases can also lead to internal bleeding.
Additionally, pedestrian accidents can cause serious damage to internal organs, such as the liver, spleen, lungs, or kidneys. These injuries can be life-threatening and often require immediate surgery. For example, a pedestrian struck by a vehicle might suffer a lacerated liver, leading to significant internal bleeding, shock, and other critical health risks.
If you’ve been injured in a pedestrian accident and believe you may have suffered chest or abdominal injuries, don’t delay in seeking medical attention. Prompt treatment is vital for your recovery.
Extremity Injuries
Broken bones are common in pedestrian accidents and can significantly affect the victim’s quality of life. For instance, a pedestrian hit by a car on Sunset Boulevard may suffer a broken leg, leading to immediate pain, immobility, and surgery. Recovery often involves months of rehabilitation and physical therapy to regain mobility.
In more severe cases, the trauma from a pedestrian accident may require the amputation of a limb. A driver, for example, heads home drunk after a night of revelry in the Gaslamp Quarter and backs into a pedestrian while backing up faster than he should. The victim could suffer injuries so severe that an arm or leg must be amputated to save their life. Amputation is life-altering, affecting both physical ability and emotional well-being, requiring the victim to adapt to prosthetics and cope with the psychological trauma.
In both cases, the physical, emotional, and financial impacts can be overwhelming. Seeking medical care is crucial, and working with an experienced pedestrian accident lawyer in California is essential to pursue compensation for medical expenses, lost wages, pain, suffering, and long-term care.
Soft Tissue Injuries
Torn ligaments, tendons, and muscles are common in pedestrian accidents and can cause significant pain, limited mobility, and long-term disability. These injuries often result from the sudden and forceful impact of a vehicle striking a pedestrian, which can overstretch or tear the connective tissues in various parts of the body. This type of injury may severely limit the victim’s ability to perform daily activities, from lifting objects to driving or working.
Facial Injuries
Pedestrian accidents can also lead to other facial injuries, such as:
- Facial Fractures — Pedestrian accidents in California can result in severe facial injuries, including fractures of the jaw, nose, cheekbones, and eye sockets. These injuries can lead to disfigurement, difficulty eating, and other complications.
- Loss Of Teeth — Dental injuries are common in pedestrian accidents. Victims may lose teeth or suffer damage to their gums or jawbone. These injuries can be painful and costly to repair, sometimes requiring dental implants or other restorative procedures.
It’s important to note that even seemingly minor injuries can have long-lasting consequences. If you or someone you know has been involved in a pedestrian accident, seeking immediate medical attention is crucial.
If you find yourself searching for “pedestrian accident attorneys near me,” contact Arash Law today for a free consultation. Let our battle-hardened California pedestrian accident attorneys fight for your rights.
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We take cases involving minors very seriously, and they are near and dear to our hearts. As a society we must place the highest value on our children and their safety!– ARASH KHORSANDI
Usual Causes Of Pedestrian Accidents In California
Our California pedestrian accident lawyers have extensive experience handling cases involving motor vehicle accidents caused by factors such as:
- Distracted Driving — With the increasing reliance on smartphones and other electronic devices, distracted driving has become a major contributor to pedestrian accidents. Drivers who are texting, talking on the phone, or otherwise distracted may fail to see pedestrians crossing the street.
- Driving Under The Influence (DUI) — Impaired drivers have slower reaction times, impaired judgment, and reduced vision, making it more difficult to detect and avoid pedestrians.
- Speeding — Excessive speed significantly reduces a driver’s ability to react and avoid pedestrians. Even a slight increase in speed can have a dramatic impact on the severity of injuries.
- Failure To Yield To Pedestrians — Drivers who fail to yield to pedestrians at crosswalks or intersections can cause serious accidents. This is particularly common at night or in areas with poor lighting.
- Failure To Signal Turns — Drivers who fail to signal their turns can confuse pedestrians and increase the risk of a collision. Pedestrians may misjudge the driver’s intentions and step into the crosswalk at the wrong time.
- Poor Visibility — Pedestrian accidents are more likely to occur at night or in areas with poor lighting. Reduced visibility can make it difficult for drivers and pedestrians to see each other, increasing the risk of a collision.
- Reckless Driving — Reckless driving behaviors, such as aggressive driving, tailgating, and running red lights or stop signs, increase the risk of pedestrian accidents by creating unpredictable and dangerous traffic situations.
California Laws Regarding Pedestrian Accidents
California laws clearly outline pedestrians’ rights and duties, as well as drivers’ responsibilities to ensure their safety. These laws are designed to reduce the risk of accidents and determine liability when a pedestrian is injured in an accident.
Do Pedestrians Have The Right-Of-Way?
Per the California Vehicle Code, pedestrians hold the right-of-way when crossing the street at an intersection with or without a marked crosswalk. In practical terms, this means that drivers must slow down and give way to pedestrians, enabling them to navigate the road safely. This rule applies to intersections with traffic control measures, such as traffic lights or stop signs, as well as uncontrolled intersections.
While pedestrians have the right to cross anywhere, using designated crosswalks is safer. When crossing outside of a crosswalk, they must yield to vehicles that pose an immediate danger.
Exceptions To California’s Crosswalk Rule
As of January 1, 2023, the Freedom to Walk Act came into effect in California. This law allows pedestrians to cross without needing a crosswalk, provided it can be done safely. Still, pedestrians should avoid risky behavior, such as darting in front of vehicles or impeding traffic without due cause. If the pedestrian signal is out of order or absent, treat the intersection as a four-way stop and proceed with caution.
What Are The Traffic Rules For Cars At Crosswalks?
In California, drivers must yield the right of way to pedestrians crossing at marked crosswalks or intersections. Vehicles must also come to a complete stop to allow pedestrians to cross safely before proceeding.
According to the pertinent provisions of the California Vehicle Code, a driver is required to follow these laws:
- Drivers are prohibited from needlessly obstructing intersections or crosswalks. This forces pedestrians to walk around their vehicle, increasing their risk of accidents.
- Drivers are only permitted to drive on the sidewalk when entering or exiting a garage, driveway, or alleyway. Even then, they must always yield to pedestrians. Likewise, the law outlines that drivers must not drive within a designated bike lane, with the following exceptions:
- Parking in a legally designated space.
- When entering or exiting the roadway.
- In preparation for making a turn within 200 feet of an intersection.
- A driver must not pass a car stopped at a crosswalk, as the vehicle may have stopped to allow a pedestrian to cross.
How To Prevent Pedestrian Accidents In California
Pedestrians need to exercise extra caution in California. This is a sad fact of living in the Golden State. While the law requires drivers to act a certain way, any Californian who walks anywhere regularly can tell you that most drivers in the state ignore the law. Of course, the driver has the responsibility not to hit someone, but equally, a pedestrian has the responsibility to cross as safely as possible.
Tips For Drivers To Ensure Pedestrian Safety
Drivers must not only watch out for vehicles ahead, behind them, and in their blind spots. They must also look out for pedestrians, who can be harder to see. To prevent pedestrian accidents, they should keep the following in mind:
- Remain vigilant for pedestrians in all locations and at all times.
- Exercise heightened caution while driving in conditions with reduced visibility, such as nighttime or inclement weather.
- Reduce their speed and be ready to come to a complete halt when making turns or entering crosswalks.
- Ensure to stop at a significant distance before the crosswalk to allow other vehicles to notice and stop, too.
- Never operate a vehicle under the influence of alcohol or drugs.
- Adhere to designated speed limits, especially in areas with pedestrians on the road, school zones, and residential neighborhoods where children might be present.
- Exercise additional caution during reversing maneuvers, actively scanning for pedestrians.
Tips For Pedestrians When Walking On The Streets Of California
Accidents can happen even with the greatest care when walking due to other people’s negligence. Still, the risk can be significantly reduced through careful attention to surroundings and observance of these safety tips:
- A pedestrian should never jaywalk when it is unsafe to do so. If a car gets into an auto accident because the driver is avoiding a jaywalker, the pedestrian could be held responsible for that accident.
- Joggers or walkers should stop at every crosswalk to assess traffic conditions before proceeding.
- Always wait for traffic to clear before attempting to cross a road, as oncoming traffic often approaches much quicker than it appears.
- Only cross at designated crosswalks and follow traffic signals when crossing intersections.
- Never text while walking or engage in other distractions, as it can cloud your awareness and increase your risk of accidents.
- Try to sober up after drinking before going on a walk. Otherwise, have a sober friend accompany you to ensure your safety while walking.
- Stay on the sidewalk, but if there is no sidewalk, walk facing oncoming traffic. This allows you to see approaching vehicles and react accordingly, reducing your risk of accidents.
Both drivers and pedestrians have a duty to act responsibly and ensure the safety of others. This legal obligation extends to other parties, such as cyclists, business owners, and municipalities. When a party fails to uphold these duties, it can result in accidents, injuries, and potentially shared liability.
Our California pedestrian accident lawyers will investigate and gather evidence to win your case. We will also identify the parties responsible for compensating you. Whether it’s a distracted driver, a business that failed to maintain safe premises or a municipality that neglected road safety, we leave no stone unturned. We are skilled at identifying all liable parties to ensure that you receive the full compensation you deserve. Call (888) 488-1391 for a free case evaluation.
Can A Pedestrian Be Blamed By A Driver For Causing An Accident?
Under a legal principle known as comparative negligence, an injured pedestrian and a negligent motorist (or a third party) can be held responsible for the same accident. The pedestrian may have contributed to the car accident in one way or another, even if the motorist bears most of the responsibility.
For example, a pedestrian ignores a “Don’t Walk” signal and crosses a street while a car is speeding down the road at twice the speed limit. Both the pedestrian and the driver can be held responsible for the consequences of the accident.
In such a case, the jury would be asked to determine the degree of fault attributable to both the pedestrian and the motorist. The pedestrian’s financial recovery would then be reduced by whatever proportion of responsibility they bear in connection to the accident.
If the jury determines the pedestrian is 50% at fault for the accident above, their recovery would be reduced by half. If the total damages awarded were $100,000, the pedestrian would only receive $50,000 due to their share of liability. If a jury deems the pedestrian to be completely responsible for the accident, then comparative negligence would not apply because the pedestrian would be considered entirely at fault. As a result, the pedestrian would not recover any damages from the motorist who hit them.
This legal concept allows victims to pursue compensation, even if they were up to 99% at fault. This also means defendants don’t have to pay more than their share of responsibility. As such, they will attempt to deflect some of the blame onto the plaintiffs. By claiming that the victim contributed to the incident, the defendant can lower their financial liability.
If you’re worried about potentially sharing some fault for the personal injury you’ve endured, seek counsel from skilled California pedestrian accident lawyers. We will protect your rights against those who might try to blame you based on unfounded claims. Our attorneys will aim for the maximum compensation you are entitled to.
Steps To Take Immediately After A Pedestrian Accident In California
It is tough to think clearly after being hit by a vehicle, let alone if you were injured. However, what you say and do at the crash scene can significantly affect the outcome of a subsequent claim you file against the at-fault party. These tips may help you avoid doing something that could reduce the value of your personal injury claim:
- Stay calm and check for injuries. If you’re seriously injured, call 911 or ask someone else to call for medical help for you.
- Call the police as soon as the accident occurs and ensure an officer creates an accident report.
- Take photos of your injuries, the accident scene, property damage, the weather conditions, the road conditions, and the vehicle that hit you.
- Take pictures of the at-fault driver’s license, insurance card, and license plate.
- Get the names and contact information of all eyewitnesses or anyone who may have seen anything.
- See a doctor or other healthcare professional immediately for a complete examination.
- Keep a journal about your injuries and the recovery process, detailing how you feel, the treatment you receive, and what costs you pay.
- Do not speak to the insurance adjuster or accept a settlement offer until you talk to an experienced lawyer.
- Stay off social media and avoid posting about being in an accident or the circumstances of your accident.
- Contact California pedestrian accident lawyers as soon as possible to discuss your case.
How Long Can I Wait To File A Pedestrian Accident Lawsuit In California?
In California, as is the case in all states in the United States, there exists a legal concept known as the statute of limitations. The statute of limitations, often outlined in state statutes, establishes a specific timeline for you to file a lawsuit in a personal injury case, including a pedestrian accident lawsuit.
According to California law, you must file a pedestrian accident lawsuit within two years of the date of the accident. If you miss the deadline, you can no longer pursue a lawsuit seeking compensation for your injuries in that accident, even if you have solid proof.
A wrongful death lawsuit in California must also be brought within two years of the date of the accident. Unfortunately, a family member is precluded from bringing a wrongful death lawsuit if it is not filed within that time period.
Don’t wait to seek legal help. Reach out to our pedestrian accident lawyers in California immediately. Many processes take place before the actual filing of the lawsuit. Delaying could result in a weaker claim or invalidate your case altogether.
How Long Does It Take To Settle A Pedestrian Accident Claim?
Every scenario presents a unique set of circumstances, leading to a varying timeline for pedestrian accident settlements. It could be anywhere from a few months to several years.
Why is there such a big difference? Well, many things affect how long it takes to reach a settlement, including the following factors:
The Severity Of The Injuries
The resolution process is commonly put on hold until medical treatment ends. This is partly to ensure that all potential damages are considered, including any future treatment costs for arising complications.
In essence, the case stays unresolved until the injured pedestrian is medically stable with little to no chance of further improvement. Cases involving minor injuries often see a rapid path to recovery, which could accelerate the claims process. In contrast, situations with severe injuries can stretch the settlement timeline for years due to a prolonged recovery period.
Negotiations With The Insurance Company
Once we understand the full extent of your damages, our California pedestrian accident lawyers can initiate the claim and begin negotiations with insurance companies. This phase can be time-consuming, even when reaching an agreement on the settlement amount is straightforward and meets everyone’s expectations. It’s not unusual for these negotiations to take several months. If the pedestrian’s claim exceeds what the insurer is prepared to shell out, the negotiation timeline naturally expands as both parties strive for a mutually agreeable settlement.
In certain instances, neither the pedestrian nor the at-fault party has insurance coverage. The victim has no option but to seek compensation through legal action. Unfortunately, if the defendant lacks sufficient assets, the victim’s ability to recover substantial compensation may be compromised.
Court Proceedings
Although not every pedestrian accident settlement escalates to a courtroom, there are situations where it becomes a necessity. For example, the case might progress to a full-blown trial if a peaceful settlement remains out of reach. In these instances, the process stretches beyond a simple out-of-court settlement. Proceeding to trial may be the best option to secure full compensation for your injuries and losses. However, once a case goes to court, the legal process becomes more time-consuming, often extending the timeline considerably.
Most cases are resolved out of court, as reaching a settlement helps avoid the lengthy and costly process of a trial. Our attorneys, who specialize in pedestrian accidents in California, strive to resolve cases efficiently and work diligently to negotiate fair settlements with insurance companies. However, we never rush the process at the expense of your best interests. If we can’t reach a favorable agreement with the other party, we are fully prepared to take your case to trial and fight for the justice you deserve.
Our California pedestrian accident lawyers can guide you throughout your case, including trial preparation and representation. We have the resources to take your case to trial. Our hands-on approach allows us to achieve the best outcome for our clients while giving them the best client care and service available.
Determining Liability In Pedestrian Accidents
Liability, in legal terms, refers to the responsibility for causing harm or damages. In personal injury cases, liability determines who is financially responsible for the victim’s losses. These losses can include both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress).
In California, pedestrian accidents are typically handled under a fault-based system, meaning the at-fault party is responsible for compensating the injured party.
- Driver Negligence — Distracted driving (texting, calls), failing to yield the right-of-way, speeding, and driving under the influence are common causes of pedestrian accidents.
- Defective Infrastructure — Cities may be liable for hazardous sidewalks, crosswalks, or street signals that contribute to injuries to pedestrians.
- Employer Liability — Companies can be held responsible for the actions of their employees if they were on duty at the time of the accident.
Establishing liability can be complex, especially when multiple factors or parties are involved. A detailed investigation is required to determine exactly who is responsible for the accident. In many cases, there isn’t just one clear cause. Instead, a combination of circumstances may have contributed to the incident.
Given these complexities, it is crucial to have an experienced California pedestrian accident attorney on your side. They can help identify all liable parties and hold them accountable. This ensures that you receive the maximum compensation for your injuries.
How To Prove Negligence In Pedestrian Accident Claims
Negligence is often the central issue in pedestrian accident lawsuits. To hold someone liable, the injured pedestrian must establish the defendant’s negligence. This involves demonstrating four key elements:
- Duty Of Care — The defendant had a legal obligation to act responsibly and avoid harming pedestrians.
- Breach Of Duty — The defendant failed to meet this obligation through a careless act or omission.
- Causation — The defendant’s negligence was the direct cause of the accident.
- Damages — The pedestrian suffered injuries or losses as a result of the collision.
The evidence necessary to prove the negligence of the party at fault will depend on the particular cause of your accident. Depending on the facts of your case, you may have grounds for a claim against the driver who hit you, the driver’s employer, a government entity, or another party altogether. You can rest assured that our attorneys will hold any responsible party accountable for your injuries.
Our experienced attorneys will carefully examine the accident scene, gathering vital evidence and assessing the circumstances. We’ll also collect crucial evidence like police reports, witness statements, and medical records to strengthen your claim.
Our dedicated team will leverage their expertise and resources to build a compelling case against the responsible party. If you’ve been injured in a pedestrian accident, don’t hesitate to contact us for a free consultation. Let our California pedestrian accident lawyers provide personalized guidance and help you seek the justice and compensation you deserve.
What Compensation Can A Pedestrian Get If Hit By A Car?
You may ask yourself, “In a Pedestrian Accident Claim, What Compensation Can I Receive?” An injured pedestrian can recover all of the same types of damages that someone injured in a car accident or bicycle accident is entitled to recover, including:
- Past and future medical expenses.
- Lost earnings and the loss of future earning potential.
- Past and future pain and suffering.
- Loss of enjoyment of life.
- Emotional distress.
- Loss of parental or spousal financial support.
- Loss of marital relations.
- Property damage.
- Incidental expenses.
- Other types of physical, economic, and even punitive damages resulting from the accident.
Our firm specializes in personal injury and wrongful death claims and boasts a well-deserved reputation for getting its clients the maximum compensation they deserve. Our trusted California pedestrian accident lawyers work hard to secure the highest possible settlement so that you can focus on getting better.
Our California pedestrian accident lawyers are prepared to quickly launch a thorough investigation and assemble key evidence. Moreover, we are adept at evaluating your losses accurately, negotiating with insurance adjusters, and effectively implementing time-tested legal strategies during courtroom proceedings. With unmatched dedication, we will fight tirelessly to secure the full and fair compensation you deserve for your injuries and damages.
Types Of Cases Our California Pedestrian Accident Lawyers Handle
Our California lawyers have an extensive background in complex personal injury and wrongful death claims arising from pedestrian accidents. We handle various pedestrian accident claims caused by the following:
- Distracted driving
- Malfunctioning road signals and signage
- Drunk driving
- Bus accidents
- Train accidents
- Lyft and Uber accidents
- Motorcycle accidents
- Truck accidents
Our California pedestrian accident lawyers have the skills and knowledge to navigate the unique challenges of each case. With decades of experience in settlement negotiations and litigation, we understand what it takes to achieve successful outcomes in pedestrian accident claims. We tailor our legal strategies to the specific circumstances of your case, ensuring a personalized approach at every step. Our attorneys will compile evidence, talk to eyewitnesses, and consult experts to ensure your claim is as strong as possible before we start negotiations.
If a pedestrian accident has left you injured, out of work, and facing steep medical bills, it is vital to take proactive measures to improve the chances of success in your personal injury claim. Our California pedestrian accident lawyers at Arash Law can assist you in navigating the claims process and pursuing justice and the maximum compensation from all responsible parties.
Pedestrian Accident Statistics
In California, statistics from the National Highway Traffic Safety Administration (NHTSA) show that pedestrian fatalities increased from 933 in 2016 to 986 in 2020. However, pedestrian fatalities in 2020 declined slightly by 2.5% from the previous year, dropping from 1,011.
The data, however, does not account for non-traffic pedestrian accidents, such as those caused by unsafe property conditions. Moreover, it doesn’t include other incidents that result in non-fatal injuries, which occur more frequently.
Given the situation in California, pedestrians should be aware of their rights under the law. If they were hit by a car while crossing the road, our California pedestrian accident lawyers can help them find justice for the damages and injuries they sustained.
Frequently Asked Questions
Who Is Not Considered A Pedestrian?
Under California law, cyclists and electric bike users are not considered pedestrians. This means that cyclists must follow the same traffic laws as vehicles, including yielding the right of way to pedestrians in crosswalks or other designated areas. On the other hand, a pedestrian is someone traveling on foot or using a non-motorized conveyance, such as roller skates or a skateboard, but not a bicycle. Individuals with disabilities who use devices like a tricycle, quadricycle, or wheelchair for mobility are also considered pedestrians.
These distinctions are important when determining liability in accidents involving different types of road users. Understanding who is considered a pedestrian versus a cyclist or motorist can significantly impact the outcome of a claim. Experienced California pedestrian accident lawyers play a crucial role in analyzing these distinctions, ensuring that the appropriate traffic laws are applied, and advocating for fair compensation based on the specifics of the case.
If you’re a cyclist injured in an accident, it’s important to seek legal representation from an attorney who specializes in bicycle accident cases. Instead of simply searching “bike accident attorneys near me,” reach out to us directly. Our experienced team is well-versed in the specific laws that apply to traditional and electric bike riders.
How Do I Know if I have A Pedestrian Accident Claim?
Determining whether you have a valid pedestrian accident claim depends on several factors, including the specifics of the accident, the extent of your injuries, and the level of negligence involved. Key elements of a valid claim typically include proving that the driver or responsible party was negligent, that their actions directly caused your injuries, and that those injuries have resulted in measurable damages. However, it can be difficult to assess the strength of your claim on your own, which is why consulting with an experienced pedestrian accident attorney in California is essential.
Talk to our California law firm in a free, no-risk, no-obligation case evaluation to discuss your case. Our qualified personal injury attorneys will review the details of your accident, gather necessary evidence, and provide you with honest, straightforward advice about your legal options. Whether you were injured in a crosswalk, on a sidewalk, or in a parking lot, we can help assess the circumstances surrounding your accident and guide you through the next steps.
Should I Accept The Insurance Company’s Settlement Offer?
It’s generally advisable to consult with a California pedestrian accident attorney before accepting any settlement offer from an insurance company. Insurance companies often offer settlements that are lower than what the victim deserves. An attorney can assess the severity of your injuries, potential future medical expenses, and lost wages to determine a fair settlement amount.
Does It Matter If I Wasn't In A Crosswalk When I Was Struck By A Car?
In California, even if you weren’t in a crosswalk when you were struck by a vehicle, the driver may still be liable for the accident. However, California follows a pure comparative negligence system, which means that your own negligence can reduce the amount of compensation you can recover. If you were partially at fault for the accident, your damages will be reduced in proportion to your degree of fault.
It’s important to consult with a California pedestrian accident lawyer to evaluate your specific circumstances and determine how your potential fault might impact your case. They can also help you prove the other party’s liability.
Will My Pedestrian Accident Case Go To Court?
Whether your case will go to trial depends on several factors, including the severity of your injuries, the strength of evidence, and the willingness of the insurance company to negotiate a fair settlement. Many pedestrian accident cases are settled out of court, but there may be instances where going to trial is necessary to obtain adequate compensation.
At Arash Law, we carefully evaluate each case to determine the best course of action. Our experienced California pedestrian accident lawyers will work tirelessly to negotiate a fair settlement on your behalf but are fully prepared to take your case to trial if necessary.
Should I Hire A Lawyer To Handle My Pedestrian Accident Claim?
Hiring a California pedestrian accident attorney is strongly recommended. Attorneys can provide invaluable expertise in determining fault and calculating damages. This ensures that your rights are protected and you have the best chance of obtaining the compensation you deserve.
Perhaps most importantly, an attorney will handle negotiations with the insurance companies. Insurance adjusters are trained to minimize payouts, and having a skilled lawyer on your side ensures you have someone advocating for your best interests. Ultimately, hiring a lawyer gives you peace of mind during an overwhelming time.
Can I File A Pedestrian Accident Lawsuit In California If Even I'm Not A Resident?
Yes, you can file a pedestrian accident lawsuit in California even if you are not a resident of the state. Whether you are a tourist visiting from another state or an undocumented immigrant, California’s personal injury laws protect you just as they would a local resident. If you were injured in a pedestrian accident due to someone else’s negligence, you have the right to seek compensation for medical bills, lost wages, pain and suffering, and other damages, regardless of your residency status.
Your right to pursue a claim is based on the facts of the accident, not your place of residence or immigration status. Consult with lawyers specializing in pedestrian accidents to learn more about your rights.
My Injuries Are Too Serious To Have A Consultation With A Lawyer. What Can I Do?
If your injuries are too serious to meet with a lawyer in person, you still have options for getting the legal help you need. Our firm offers flexible ways to accommodate clients with serious injuries. Simply call us and say, “I need a personal injury lawyer for my pedestrian accident,” and we’ll make it work.
We can arrange consultations over the phone, through video calls, or even by visiting you at your hospital or home. If you’re unable to communicate due to your injuries, a trusted family member can speak with us on your behalf to help get the process started.
How Much Does A Pedestrian Accident Lawyer Cost?
In personal injury cases, the lawyers working for the victims usually get paid only if they win money for their client. They generally take 33% to 40% of the total money won as their payment. This percentage can change depending on how complicated the case is, whether the case goes to trial, and what the lawyer and their client agree upon. This is the fee structure used at Arash Law and it assures you that our interests align with yours, and we will work hard to get you the compensation you deserve.
Arash Law, regarded as one of the biggest personal injury law firms in California, is known for putting the needs of victims first. Our pedestrian accident lawyers are committed to making the process as easy and stress-free as possible for you so you can focus on your recovery while we handle the legal aspects of your case.
Call On The Pedestrian Accident Lawyers California Trusts The Most
Being involved in a pedestrian accident can turn your life upside down. You may be facing painful injuries, mounting medical bills, lost wages, and emotional distress. Navigating the legal system while trying to recover can feel overwhelming, but you don’t have to go through it alone. At Arash Law, we understand the struggles you are facing and are here to help. Our dedicated team of California pedestrian accident lawyers will fight to ensure you receive the compensation you deserve so you can focus on healing and rebuilding your life.
We have helped our injured clients recover more than $500 Million in settlements and awards. Arash Law, led by Arash Khorsandi, Esq., is available any time — day or night, 365 days per year — to answer your questions and provide expert legal guidance. Call (888) 488-1391 today to arrange a free consultation, or use our contact form to reach us online.
We assist clients throughout California, including Los Angeles, Sacramento, San Francisco, Riverside, Orange County, San Jose, San Diego, Bakersfield, Fresno, Anaheim, San Luis Obispo, Santa Ana, Glendale, San Bernardino, and Visalia. We are happy to consult with you at your home, office, or anywhere in the state of CA.
