San Bernardino Pedestrian Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our San Bernardino Pedestrian Accident Lawyers Offer Clear Legal Guidance To Injured Victims
Every day, thousands of residents in San Bernardino travel the streets on foot, whether for exercise, commuting, or simply enjoying a stroll. However, this bustling city presents a significant risk of pedestrian accidents. If you get injured by a car or other vehicle while on a sidewalk or crosswalk, reach out to our San Bernardino pedestrian accident lawyers. We may be able to help you file a claim against the negligent parties and seek compensation. Call (888) 488-1391 for a free initial consultation.
San Bernardino is a major international trading hub in Southern California. In addition to a thriving business environment, the city has beautiful year-round weather, averaging 340 days of sunshine. This makes the place suitable for various outdoor activities, such as hiking and trekking.
San Bernardino isn’t just a tourist destination. The city has affordable neighborhoods, easily accessible and high-quality medical care, and open local farm markets to meet your needs. Despite being considered somewhat walkable, the city remains car-dependent. This increases the likelihood of pedestrian accidents occurring in the area. People might get hit by a vehicle or slip and fall while walking to the nearest bus station or other establishments.
If this happens to you, you can seek assistance from our pedestrian accident attorneys in San Bernardino. We are committed to advocating for our clients’ rights both in and out of court. Reach out to determine if you have a valid claim.
Why Do I Need A Pedestrian Accident Attorney?
After sustaining injuries and damages in a pedestrian accident, you might ask yourself, “Do I need a personal injury lawyer?” If there’s evidence that someone’s negligence caused your accident, consulting an attorney in San Bernardino can help you understand your legal options and the claims process.
Pedestrian accidents might not be simple inconveniences you can disregard. Sometimes, they can lead to serious injuries and losses. You may have to deal with mounting medical bills and communicate with insurance companies or the at-fault party to cover them.
Our San Bernardino lawyers have experience handling pedestrian accident cases. We assist clients in gathering evidence and addressing issues of negligence and liability. Our goal is to help them pursue compensation for their losses to the full extent of the law.
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
How Can Our San Bernardino Pedestrian Accident Lawyers Advocate For You?
With our knowledge of personal injury law and experience in handling accident claims, our attorneys in San Bernardino can support a valid pedestrian accident case by:
- Investigating the Accident — Our lawyers can investigate the circumstances of the accident to identify its cause. We review factors such as speeding, impairment, fatigue, or failure to yield the right of way. We work to establish a legal basis for holding the responsible parties accountable.
- Gathering Evidence — Our team can collect evidence such as relevant photos and videos, medical bills, hospital records, and witness testimonies to help build a well-supported case. Through these findings, we aim to demonstrate the injuries and losses suffered in an accident.
- Negotiating With Insurance Companies — We handle case-related communications and negotiations with insurance companies on our clients’ behalf. Our San Bernardino personal injury lawyers represent their interests throughout the negotiation process and review settlement offers to assess whether they align with the potential value of our clients’ damages.
- Litigating — While we aim for an amicable resolution with other parties, our attorneys stay ready for trial. If negotiations do not proceed to a fair settlement, we are prepared to present cases in court. We can advocate for our clients’ rights before a judge or jury and aim to help them pursue compensation to the full extent of the law.
Our pedestrian accident lawyers in San Bernardino can explain every step of the process, helping you make informed decisions about your case.
What Are The Rights And Duties Of Pedestrians In California?
California, including San Bernardino, implements specific laws to protect pedestrians as they navigate busy roads. The Vehicle Code outlines the rights of residents who walk, push strollers, or use wheelchairs and other mobility aids, all of which motorists must recognize.
Accordingly, drivers must yield the right-of-way to individuals crossing streets to help prevent car accidents. The law also permits pedestrians to use sidewalks and prohibits obstructions that would force them onto the road. Additionally, motorists must yield to pedestrians when entering or exiting driveways or alleys.
Although pedestrians have a long list of rights, they are also required to take precautions for their own safety. When using crosswalks, they should not run or walk into the path of moving vehicles. They must also follow traffic signals and avoid stopping or delaying traffic, as they might get struck by motorcycles, bicycles, and other vehicles.
Despite the strict implementation of the vehicle code, pedestrian accidents continue to occur. Catastrophic injuries may result from these incidents, especially when trucks are involved. If you are injured by a careless driver, our San Bernardino lawyers can assist you in pursuing a claim and establishing liability. We are familiar with the claims process and work to develop substantiated cases on behalf of our clients.
Common Causes of Pedestrian Accidents In San Bernardino
Various factors lead to pedestrian accidents. In many cases, however, they often stem from a driver’s failure to exercise reasonable care to avoid harming individuals crossing the street or walking on sidewalks.
Our attorneys in San Bernardino have handled pedestrian accident cases related to the following causes:
- Speeding vehicles
- Distracted driving
- Driving under the influence (DUI) of alcohol and drugs.
- Reckless driving
- Failing to yield the right of way to pedestrians at intersections.
- Making sharp turns without signaling properly.
- Motor vehicle accidents at junctions.
- Vehicles running in tight alleys or streets without sidewalks.
- Disregarding traffic signs and signals, such as running red lights.
- Low visibility conditions such as rain, snow, sleet, or fog.
- Careless reversing of vehicles.
- Poor lighting conditions
- Poorly designed or inadequate pedestrian infrastructure, including sidewalks, crosswalks, and signage.
- Poor road conditions or road debris.
- Construction work
Although drivers are frequently blamed for pedestrian accidents, victims may also be able to hold private companies accountable. For instance, you might have a claim against Uber if one of its drivers hits you while transporting a passenger to a drop-off point. Similarly, you could file a claim against a government office if you slipped and hit your head due to neglected pavement.
If you got into a pedestrian accident and are unsure how it happened, our lawyers in San Bernardino can review the details of the incident to help identify the contributing factors. We may use our findings to pinpoint who may be responsible for your injuries.
Hurt in a Pedestrian Accident?
What Are The Injuries Commonly Sustained In Pedestrian Accidents?
Pedestrians are likely to suffer serious consequences after getting into accidents. They might sustain various bodily injuries due to having no protection compared to motorists and their passengers. Our pedestrian accident lawyers in San Bernardino have helped clients seek compensation for the following injuries:
- Traumatic brain injuries (TBIs), such as concussions.
- Head and neck injuries.
- Spinal cord injuries, which might result in paralysis and immobility.
- Internal injuries, including internal organ damage and internal bleeding.
- Soft tissue injuries, like bruises.
- Amputations
- Fractures
- Muscle damage, such as sprains and strains.
- Cuts and lacerations
- Wrongful deaths
Bodily harm from traumatic events may require both short-term and long-term medication. However, even prompt medical attention might not be enough to compensate for the losses incurred by the victims and their families.
If you are injured in a pedestrian accident, you can contact our San Bernardino pedestrian accident attorneys for assistance. We’ll assess whether we may help you pursue compensation for medical expenses, financial losses, and other impacts related to your recovery.
Who Is Liable In A San Bernardino Pedestrian Accident?
Liability for compensating the victim is determined by identifying which party was negligent. In many cases, drivers are found responsible for pedestrian accidents because they have a legal duty to consider the safety of others on the road. If this duty is breached, they may be held accountable for resulting harm. However, this doesn’t mean that they’re always to blame.
Car owners could also be held liable if they allow someone else to drive their vehicle and the driver causes an accident that injures someone. For instance, if a vehicle owner lets an intoxicated person drive their vehicle, and that person causes an accident, the injured pedestrian may be able to sue both the car owner and the driver for damages with the assistance of our car accident lawyers.
Poorly constructed or maintained roads, sidewalks, or parking lots might also lead to accidents in San Bernardino. In these instances, accident attorneys can help pedestrians explore the possibility of pursuing a claim against government agencies, property owners, or maintenance providers in charge of keeping these areas safe.
Pedestrians may also share responsibility for accidents, especially if they commit the following:
- Crossing the street when the traffic light is red.
- Crossing the street while intoxicated.
- Stepping outside the crosswalk.
- Failure to check passing vehicles before crossing.
- Crossing areas that are off-limits to pedestrians.
If you’re uncertain about the cause of the incident that led to your injuries, contact our San Bernardino pedestrian accident lawyers. We can help gather the necessary details and assess the responsibility of all potentially at-fault parties to help you pursue compensation for your losses accordingly.
Establishing Fault In A Pedestrian Accident
Injured pedestrians may have legal grounds to file a claim against at-fault parties and seek compensation for their injuries and losses. However, validating a case typically involves demonstrating the defendant’s negligence by proving the following elements, which a pedestrian accident lawyer can assist with.
- Duty of Care — All road users must exercise care to avoid harming others. For example, a driver has a duty to yield the right of way to pedestrians.
- Breach of Duty — Determining whether a breach of duty occurred depends on the case details. For instance, a motorist breaches his duty of care if he is found to have been using his phone when he hits a pedestrian.
- Causation — This element refers to the direct relationship between the responsible party’s breach of duty and the victims’ injuries. If you’re an injured pedestrian, you must show that the other party’s reckless actions caused the bodily harm you suffered.
- Damages — Proving your damages is the final element of negligence. You can provide evidence, such as medical bills, hospital and medical records, expert testimonies, photos, and videos of the accident, etc.
Establishing negligence can be more challenging than most victims realize. Our attorneys in San Bernardino can work to show how the actions of responsible parties contributed to the pedestrian accident. We may interview witnesses, conduct research, gather relevant evidence, and consult with accident reconstructionists if appropriate to support your claim.
Comparative Negligence In Pedestrian Accident Cases
In California, the legal concept of pure comparative negligence is used to apportion responsibility among the at-fault parties in an accident. Under this doctrine, plaintiffs may still be able to file a claim even if they bear up to 99% of the fault. However, the damages they can seek may be reduced depending on their actual share of responsibility.
For example, if you are a pedestrian found to be 23% at fault for an accident and your total damages are $105,000, you may be able to seek up to $80,850 (77% of the total), depending on the specifics of your case.
Applying the pure comparative negligence rule may be confusing. Our San Bernardino pedestrian accident lawyers can help you understand this concept and explain how it may apply to your case.
What Damages Are Available For Pedestrian Accident Victims?
During our decades of service, our lawyers in San Bernardino have assisted pedestrian accident victims in pursuing the following damages:
Economic Damages
These are quantifiable financial losses victims incur following pedestrian accidents. Economic damages can be calculated based on the actual value of monetary losses, usually reflected in official receipts or invoices. Some examples are:
- Medical Bills — Victims may incur out-of-pocket expenses after seeking medical treatment. These may include the following:
- Emergency medical services.
- Hospitalization
- Medical consultations
- Surgeries
- Medical prescriptions
- Rehabilitation and therapy sessions.
- In-home care
- Future doctor visits
In serious pedestrian accidents, medical costs can quickly add up. Consequently, you and your family might face a heavy financial burden. To seek compensation for these losses, keep copies of all medical records, bills, invoices, prescription receipts, and other pertinent documents verifying all your expenses.
- Lost Earnings — Pedestrian accidents may cause victims to miss work as they focus on their recovery. If your injury results in permanent disability or makes you unable to earn the same income as before, you may be eligible to pursue damages for lost wages and diminished earning capacity. You may need to present your pay stubs, wage and tax statements, employee records, and employer testimonies to demonstrate the value of these losses.
- Property Damage — If the accident damages your possessions, such as a phone, laptop, backpack, or clothes, you can potentially include the cost of repair or replacement as part of your claim. The value of property damage is usually calculated based on repair bills or purchase invoices.
Our San Bernardino attorneys can guide you in filing a pedestrian accident claim. If you have a case, we can assist you in collecting evidence and vital invoices to prove the value of your expenses.
Non-Economic Damages
Apart from out-of-pocket expenses, accidents can potentially leave pedestrians suffering from intangible losses known as non-economic damages. These are not easily quantifiable in monetary terms compared to economic damages. Instead, they are subjective and are intended to help victims cope with their traumatic experiences.
Non-economic damages may include the following:
- Pain and Suffering — These refer to the physical pain and emotional distress pedestrians may endure due to accidents. To estimate the extent of these damages, you may have to consult a medical professional who can assess the emotional impact and long-term consequences of your injuries. Family and friends may also testify about the negative effects of your injuries on your physical and mental well-being.
- Loss of Consortium — After victims get into accidents, their spouses could also be affected if the injuries put a strain on their relationship. As such, they may be able to seek compensation for taking care of their home and children and for the loss of sexual relations, support, companionship, and guidance from their partners.
Non-economic damages are difficult to prove. Our pedestrian accident lawyers in San Bernardino can help you calculate these losses and gather supporting documents to substantiate your claim for intangible damages.
Punitive Damages
Not all pedestrian accident cases qualify for punitive damages. Local courts reserve these for rare cases where defendants acted intentionally or with great recklessness, jeopardizing the safety of victims.
To know whether you are eligible for punitive damages, consult our pedestrian accident attorneys in San Bernardino. We can assess the details of the incident and discuss the types of damages that may be available to you.
How To Prevent Pedestrian Accidents From Happening
San Bernardino is considered a walkable city, but that does not mean that pedestrian accidents rarely happen here. Being aware of potential road hazards and practicing safe behaviors can help reduce the risk of accidents. The following information outlines potential ways to stay safe while crossing or walking near roads:
- Be Visible — Wear bright colors or reflective materials when walking on poorly lit streets so drivers can easily see you. This is especially applicable at night.
- Always Use Crosswalks And Obey Traffic Lights When Crossing Roadways — Avoid jaywalking and disregarding traffic rules.
- Take The Sidewalk Instead of Walking By The Roadside — If there’s no safe path intended for pedestrians, you may walk against traffic to see oncoming cars more easily.
- Stay Alert, and Do Not Assume Drivers Will See or Stop For You — While California law emphasizes pedestrians’ right-of-way, not all motorists may recognize this. You must remain vigilant and mindful of your surroundings to avoid getting harmed.
- Avoid Distractions When Approaching Busy Roads — Using phones or other devices may divert your attention and put you in danger when walking close to traffic.
Despite taking all these safety precautions, accidents may still occur due to someone’s recklessness. If you got injured in an accident, our San Bernardino pedestrian accident lawyers can help assess whether negligence by another party contributed to your injuries. Contact us for a free first case evaluation.
Steps To Take After A Pedestrian Accident In San Bernardino
Your actions right after a pedestrian accident may affect your ability to seek compensation. The following steps exemplify how you may document your situation and support your potential claim:
- Obtain Immediate Medical Attention — Getting medical attention should be your first priority to prevent any injuries from worsening. Call 911 if you or anyone else is injured. If you’re not sent to the hospital, see a doctor immediately. Some serious injuries have delayed symptoms. You must also follow your doctor’s treatment plan. It may be argued that you caused your own injuries to worsen because you neglected medical attention.
On top of all these, you must secure a copy of your medical records. These documents will serve as a reliable source detailing your physical damage and the medical interventions you underwent. Furthermore, it will establish the expenses you incurred for your treatment and the extent of your pain and suffering.
Reach out to our San Bernardino pedestrian accident lawyers if you’re unsure where to seek medical attention. We may be able to refer you to medical professionals who can assist you with your recovery. They might also provide you with essential documents to support your claim.
- Contact the Police — Contact the law enforcement authorities. They can help ease the tension or break up fights between the involved parties, investigate the accident scene, and preserve any evidence they find. The police will also draft an incident report detailing what happened, any damages and injuries sustained, and individuals believed to be at fault. Obtaining a copy of this report can be helpful, as it could impact how insurance adjusters determine liability.
- Document the Accident Scene — Secure photos, videos, and other evidence at the accident scene if possible. This evidence can document the following:
- Injuries sustained
- Damaged properties
- Location of the accident.
- Any vehicle involved and its position during the car accident.
- The object that hit or injured you.
- Traces of collisions, like skid marks.
- Nearby buildings and establishments.
- Traffic signals and road signs.
- Road conditions and any present hazards, such as faded lines, improper signage, and uneven surfaces.
Apart from these, you can also obtain information from all concerned parties. Jot down their names, contact information, license and plate numbers, and insurance details. You may also ask witnesses to provide written testimonies.
- Notify Insurance Companies — Report the accident to your insurance company. Provide them with precise details, such as where, when, and how the incident happened. However, don’t share too much information, and don’t admit guilt. Only stick to the facts and keep other comments and opinions to yourself.
- Reach Out To Arash Law — Before communicating further with insurance companies, you can consult with our pedestrian accident attorneys in San Bernardino. Contact Arash Law at (888) 488-1391 so we can guide you through the process.
Our client suffered serious injuries after he was run over by a speeding vehicle. Aside from achieving a monumental financial recovery, our firm was able to secure the best medical care and treatment to ensure that he recovered from his injuries with the best medical team in the nation. We are happy to deliver closure and peace to a nice family.– BRIAN BEECHER
Statistics About Pedestrian Accidents
Pedestrians are among the most vulnerable road users to traffic accidents. The California Office of Traffic Safety (OTS) revealed that in 2021, San Bernardino logged 102 pedestrians killed and injured in accidents.
The Governors Highway Safety Association (GHSA) reported that California saw 1,120 pedestrian fatalities in 2021, which increased from 1,026 deaths in 2020. Federal data also show that casualties in the United States have increased over the last eleven years. Accordingly, the count rose from 4,302 in 2010 to 7,624 in 2021. These figures accounted for almost 18% of all road fatalities, the highest yearly percentage over the previous ten years.
Between 2020 and 2021, pedestrian fatalities climbed by 16%, compared to a 10% growth in other road fatalities. Since 2010, pedestrian deaths have spiked by 77%, which is notably higher compared to the 25% increase in other road fatalities.
These data motivate our San Bernardino lawyers to continue assisting pedestrian accident victims. Arash Law strives to help them understand their rights and options.
Frequently Asked Questions (FAQs) About Pedestrian Accidents
What Should I Do If I Can’t Afford A Lawyer?
If you are struggling financially after an accident, consider consulting a law firm that doesn’t charge for its services up front. Our personal injury lawyers work on a contingency fee basis, meaning their fees depend on the outcome of a case. We do not charge attorney fees unless a client is awarded compensation. During your free initial consultation, our San Bernardino pedestrian accident lawyers can further explain our payment arrangement, including other fees and case-related costs that may be charged separately regardless of the outcome of your case.
How Can I Pursue Compensation For My Pedestrian Accident Injuries?
Our team can guide you through the claims process and study whether you have a valid case to file. If you do, we can begin working to demonstrate how a motorist’s actions may have breached their duty of care and led to your injuries. We may do so by referencing relevant pedestrian rights and obligations under the state’s vehicle code. If disputes arise during the claims process, we can work to counter them during negotiations and, if necessary, in court.
Can I Pursue Compensation If I Got Hit Outside A Crosswalk?
You may still be able to file a pedestrian accident claim and seek compensation for your injuries. Although pedestrians must use the designated crosswalk, this doesn’t exempt drivers from their duty to exercise reasonable care. Motorists must still pay attention to pedestrians and be aware of other hazards on the road that could endanger or injure road users. If they are reckless and cause accidents, they could be held responsible for any losses and injuries the victims incur.
Pursuing compensation in this type of case can potentially be difficult. Due to your location outside a crosswalk, for example, blame for the accident may be shifted to you. In such situations, consulting our San Bernardino lawyers who handle pedestrian accidents may be helpful. We can help manage all case-related communications on your behalf and work to address any attempts to shift blame to you.
Can I Seek Compensation For My Injuries From The Car Driver’s Insurance Company?
You may be able to pursue compensation from a driver’s insurance company after a pedestrian accident. It is a common misconception in California that auto insurance does not cover accidents involving pedestrians. Motorists who cause accidents can potentially be held responsible for the injuries sustained by their fellow drivers, pedestrians, bicyclists, and other road users. Their insurance can generally cover the victims’ damages, subject to policy terms and limits.
If a driver of any vehicle hits you while you’re walking, our San Bernardino pedestrian accident attorneys can handle the legal aspects of your case, including negotiations with the at-fault driver’s insurance company. We may work to pursue compensation based on your injuries and other losses.
How Long Do I Have To File A Pedestrian Accident Claim?
Under California’s statute of limitations, victims are generally allowed to file personal injury cases within two years from the date of the pedestrian accident, with exceptions changing this time frame for particular kinds of claims. If you miss the applicable deadline, the court will likely dismiss your lawsuit, which may prevent you from pursuing compensation.
To avoid potential issues with deadlines or documentation, you can consult with our San Bernardino lawyers for pedestrian accidents. With the statute of limitations in mind, we can offer legal guidance, help prepare your case, and assist in gathering necessary documents to support your claim, whether through settlement or trial.
Consult With Our Pedestrian Accident Lawyers In San Bernardino
Pedestrian accidents can take a great toll on victims, potentially affecting their quality of life and causing medical expenses, reduced earnings, and emotional distress. If you’re one of them, our San Bernardino pedestrian accident lawyers can offer clear guidance and help explain the claims process, from filing to resolution.
Our team is here to carefully evaluate the specifics of the incident, considering every loss you incurred, to see if you have grounds to file a claim against the at-fault party. Our lawyers are committed to seeking compensation for our clients, such as for medical bills, lost wages, and the repair or replacement of damaged property. Call us at (888) 488-1391 for a free initial consultation.
Our personal injury lawyers are also prepared to help victims from nearby cities and locations, including Colton, Loma Linda, Rialto, Highland, Grand Terrace, Bloomington, Redlands, Fontana, Crestline, Riverside, Rubidoux, Moreno Valley, Glen Avon, Pedley, and Yucaipa. We also extend our services to Los Angeles, Salinas, Monterey, Palm Springs, San Diego, and El Centro, as well as throughout California.
