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Experienced California Pedestrian Accident Lawyers with a Track-Record
As experienced California pedestrian accident attorneys, we at Arash Law know how to obtain the maximum compensation available under California law for injuries and deaths to pedestrians that have been caused by negligent drivers, truck drivers, bicyclists or motorcyclists. Pedestrians are uniquely vulnerable to being injured as compared with those in motor vehicles or even on bikes, a fact that is unfortunately particularly true in California.
Arash Law’s experienced personal injury lawyers have extensive expertise and knowledge representing California pedestrians who have been injured or killed in pedestrian accident cases. We have an intimate understanding of the law that applies in such circumstances, and we take the time to get to know our clients and their cases in intimate detail, which enables us to obtain the most favorable settlements or jury verdicts possible for our clients.
What Makes Pedestrian Accidents in California Different Than Other Types of Accidents?
Pedestrian accidents are unlike other types of accidents just because pedestrians have no protection in the case of an accident. Those who are riding in cars are in vehicles that weigh an average of at least 4,000 pounds and have not only seat belts but airbags to protect them. Even bicyclists typically have helmets to protect them. Meanwhile, pedestrians are completely defenseless and vulnerable in the event of someone else’s negligence in the circumstances in which most pedestrian accidents occur.
Injuries Suffered in Pedestrian Accidents Can Be Much Worse Than Those Suffered in Other Types of Accidents
Pedestrian accidents often lead to severe injuries and even death to those who are unlucky enough to be involved in such an accident. Common injuries resulting from pedestrian accidents are head trauma like concussions or brain bleeds, traumatic brain injuries, and many other debilitating injuries. Many pedestrian accident injuries can result in either functional impairments or long-term conditions.
This fact is not surprising when the weight of the average passenger vehicle is compared to the weight of a pedestrian. Vehicles have much more weight and force than pedestrians, and in the event of a collision, it is the pedestrian, and not the vehicle, that will be severely injured. Even a bicycle offers greater protection to bicyclists that a pedestrian has, assuming they are wearing a helmet because at least they have some protection. Pedestrians have no protection whatsoever in the event of an accident, regardless of who or what it is with.
California Is A Particularly Dangerous Place for Pedestrians
Statistics show that California is particularly dangerous for pedestrians when compared with other states. Los Angeles County is the most dangerous county in the country for pedestrians, with nearly double the number of pedestrians killed as the next highest county according to the most recent government statistics on pedestrian safety.
California as a Whole Is a Very Dangerous Place for Pedestrians
According to statistics from the National Highway Traffic Safety Administration (NHTSA), the federal agency responsible for ensuring the safety of those on America’s roadways, more than 5900 pedestrians were killed in 2016 across the entire United States. Pedestrian accidents are more likely than other types of accidents to involve death given how unprotected pedestrians are when compared to, for example, an accident involving two motor vehicles where both sides to the crash have not only seatbelts and airbags to protect them, but a multi-ton vehicle as well.
Los Angeles is the Most Unsafe County in the Country for Pedestrians
According to the most recent pedestrian accident statistics from the Governor’s Highway Safety Association, Los Angeles is the most unsafe county in the US, let alone California, for people on foot. It was not even close; Los Angeles had double the number of pedestrians killed as the next two counties on the list, Maricopa County in Arizona and Harris County in Texas.
This is no surprise given that Los Angeles has some of the worst traffic conditions in the country with some of the country’s most crowded roadways, archaic infrastructure, little to no pedestrian access in some places and a public transit system used by very few people.
In combination with a population that is larger than New York City (over 10 million people) in the greater Los Angeles area, no one should be surprised Los Angeles has such a pedestrian accident problem.
Children and Seniors Are Particularly At Risk of Being in a Pedestrian Accident
Children and the elderly are at the highest risk of suffering an injury or fatality while out walking anywhere in California. Last year, 4,000 elderly Americans were injured in pedestrian accidents, resulting in more than 700 deaths across the country. Children under age 15 made up 39 percent of all pedestrian accidents, with nearly 10 percent of these cases resulting in fatalities.
This stands to reason, as those who are less likely able to get out of the way of a driver who is speeding through a red light are those with the limited attention span or the reflexes to be able to get out of the way in time such as an elderly adult or a young child.
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How to Prevent Pedestrian Accidents – 12 Tips to Stay Safe as a California Pedestrian
Pedestrians need to exercise extra careful behavior in California. This is a sad fact of living in the Golden State. While the law may require 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 a pedestrian has to take it upon themselves to cross as safely as possible.
According to the pertinent provisions of the California Vehicle Code, a driver is required to follow the following laws in the presence of pedestrians:
- .The driver of a vehicle must yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection
- A driver may not pass a car stopped at a crosswalk, as the vehicle may have stopped to allow a pedestrian to cross.
- A driver may only drive on the sidewalk if entering or exiting a garage or alleyway, and even then a driver yields to pedestrians.
- A driver must not stop in a crosswalk, as this puts pedestrians who have to walk around your vehicle in danger.
- Advice for Pedestrians to Stay Safe
- A pedestrian should never jaywalk, and if a car gets in an auto accident because the driver is avoiding a jaywalker, the pedestrian would be held responsible for that accident
- Joggers or walkers should stop at every crosswalk, as the majority of
- Always wait for traffic before attempting to cross a road, as oncoming traffic is often approaching much quicker than it appears
- Only cross at designated crosswalks and follow traffic signals when crossing intersections
- Never text while walking
- Never walk under the influence of drugs or alcohol
- Stay on the sidewalk, but if there is no sidewalk, then walk facing oncoming traffic
Can A Pedestrian Be Blamed By a Driver for Causing An Accident in Which the Pedestrian Is Injured?
Under a legal principle known as comparative negligence, both an injured pedestrian and a negligent motorist or another tortfeasor can be held responsible in connection with the same pedestrian accident. After all, there is nothing saying that a pedestrian may not have contributed to the occurrence of a car accident in one way or another even if the motorist bears the brunt of the responsibility.
For example, if 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, then both the pedestrian and the tortfeasor (the legal term for a party causing an injury to another) can be held responsible for the consequences of the accident.
In such a case, the jury would be asked to apportion fault to both the pedestrian and the motorist who hit the pedestrian. The pedestrian’s recovery would then be reduced by whatever proportion of responsibility the pedestrian is found to bear in connection with the accident.
Therefore, if the pedestrian is determined to be 50 percent at fault in connection with an accident in which the pedestrian is injured while the negligent driver is also determined to be 50 percent at fault, and the jury awards the pedestrian $100,000 in damages, then the pedestrian would only recover $50,000 because he or she was deemed to be at fault for half the damages he or she suffered.
If the pedestrian is deemed by a jury to completely responsible for the accident, then comparative negligence would not apply because the pedestrian would be considered to be entirely at fault and would not recover any damages from a motorist or bicyclist that hit the pedestrian.
California’s Statute of Limitations
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, which is often outlined in state statutes that have been, 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 are precluded from ever pursuing a lawsuit to recover compensation for the injuries you sustained in a pedestrian accident. You will be precluded from seeking compensation in a lawsuit even if your injuries are severe.
A California wrongful death lawsuit must also be brought within two years of the date of the accident. A family member is precluded from bringing a wrongful death lawsuit if it is not filed within that time period.
9 Steps to Take Immediately After a Pedestrian Accident in California
It’s tough to think clearly after being hit by a vehicle, let alone if you have been injured, but what you say and do at the crash scene can have the effect of significantly affect the outcome of a subsequent claim you file against the tortfeasor. These tips may help you avoid doing something which could reduce the value of your personal injury claim:
- Call the police as soon as the accident has occurred and make sure 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 for all eyewitnesses or anyone who may have seen anything.
- See a doctor or other healthcare professional immediately and tell that individual about every affected part of your body.
- 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 have talked to an experienced lawyer.
- Stay off of social media, in particular, posting about being in an accident or the circumstances of your accident.
- Contact an experienced California pedestrian accident attorney as soon as possible to discuss your case.
Why You Should Consult a Pedestrian Accident Attorney Right Away if You Were Injured
The injuries sustained in pedestrian accidents can be catastrophic, and the cost of medical care and lost income as a result of such an accident can be exorbitant. To reduce their liability, the insurance company or defendant may try to coerce you into providing a recorded statement that later can be used against you to dispute liability or your damages.
You may think that you must cooperate with everything that they ask you to do. However, do not take the word of the insurer. You need someone who will be in your corner, advising you and fighting on your behalf.
A pedestrian accident lawyer from Arash Law will help you stay one step ahead of the insurance company or responsible party and avoid mistakes that would jeopardize your claim.
Our attorneys will also perform an immediate investigation to gather evidence while it is still available. We can also handle talks with the insurance company, calculate your damages, and use proven legal strategies during settlement negotiations and potential litigation.
Arash Law’s Results on Behalf of Those Injured in Pedestrian Accidents and How Our Approach Is Different Than That of Some Other Personal Injury Firms
The experienced personal injury attorneys at Arash Law are different from personal injury attorneys at other firms in the careful attention we give to each case and the meticulous preparation that goes into building every client’s best case. As a result of this philosophy and approach, we have been able to successfully recover for our clients in the form of both sizeable settlements as well as jury verdicts on behalf of a large percentage of our clients.
Whether the pedestrian accident involves a truck, auto, motorcycle or bike that hit the pedestrian we are representing, Arash Law has access to considerable resources to conduct the most thorough investigations on behalf of our clients. Medical specialists in all fields of medicine are available to lend solid support of diagnosis, prognosis and, when applicable, a cause of death in cases where the cause of death may be in question.
A thorough independent investigation of every California pedestrian accident is necessary to ascertain all the facts regarding the causes and consequences of the crash and to reconstruct the accident precisely as it occurred.
Furthermore, performing a thorough investigation will also help us to identify potential weaknesses in a client’s case on the front end of the case so that we can determine what some of the challenges in proving the case may be going forward for a client. Our California pedestrian accident lawyers meticulously investigate the facts and legal issues presented in each case on behalf of all our clients.
Compensation for Pedestrian Accident Victims in California
You may be asking yourself – ” In a Pedestrian Accident Claim, What Compensation Can I Receive? ” Arash Law, which handles exclusively personal injury and wrongful death claims, has a well-deserved reputation for obtaining for its clients the compensation and the justice they rightfully deserve.
At Arash Law, our attorneys work extremely hard to maximize your damage recovery and handle your case so you can focus on improving from your accident. An injured pedestrian can recover all of the same types of damages that someone injured in a car accident or bicycle accident would be 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 that result from the accident.
Types of Cases Our California Pedestrian Accident Attorneys Handle
At Arash Law, we have an extensive background in complex personal injury and wrongful death claims arising from pedestrian accidents. We handle a variety of pedestrian accident claims including:
- Pedestrian accidents caused by a distracted driver
- Pedestrian accidents due to malfunctioning road signals and signage
- Pedestrian accidents involving drunk drivers
- Pedestrian accidents involving buses
- Pedestrian accidents involving trains
- Pedestrian accidents involving rideshare vehicles like Uber or Lyft vehicles
- Pedestrian accidents involving motorcycles
- Pedestrian accidents involving commercial trucks or tractor-trailers
- Pedestrian accidents resulting in brain injuries, spinal cord or other serious injuries
The evidence needed to prove liability on the offending tortfeasor will depend on the specific 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 company that employs the driver who hit you, a government entity, or another party altogether. You can rest assured our attorneys will sue any party that may be responsible for your injuries
With many decades of experience in settlement negotiations and litigation, the California pedestrian accident lawyers at Arash Law know what it takes to succeed in California pedestrian accident claim. We will tailor our legal strategies to the unique circumstances of your case. Our attorneys will compile evidence, talk to eyewitnesses, and possibly consult expert witnesses to ensure your claim is as strong as possible before we enter settlement negotiations.
If a pedestrian crash has you overwhelmed and in a position where you are out of work with steep medical bills, it is vital that you do everything in your power to give your personal injury claim the best chance of success. The personal injury attorneys at Arash Law can help you navigate the claims process and pursue justice and the maximum compensation from all liable parties.
Call (888) 488-1391 for a FREE Consultation with a Pedestrian Accident Lawyer in California
We have helped our injured clients recover more than $100 million. The experienced personal injury attorneys of our law firm are available at any time — day or night 365 days per year — to answer your questions and provide you with expert legal guidance. Call (888) 488-1391 today to arrange a free consultation, or use our contact form to reach us online.
We have offices conveniently located throughout California with offices in Los Angeles, Sacramento, San Francisco, Riverside, Orange County, San Jose, and San Diego but are happy to consult with you at your home, office or anywhere in the state of C.A.