Santa Cruz Pedestrian Accident Lawyers
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Our Santa Cruz Pedestrian Accident Lawyers Offer Dedicated Legal Representation
Whether for short trips, exercise, environmental consciousness, or simply getting from one place to another, walking is a common way for many people to get around. Unfortunately, pedestrians can be at risk of accidents ranging from minor injuries to serious harm, particularly in car-centric cities like Santa Cruz, California. If you’ve been injured in such an incident, our Santa Cruz pedestrian accident lawyers can help you pursue compensation for your injuries and related losses. Call Arash Law at (888) 488-1391 for a free initial consultation.
There’s a reason why visitors adore Santa Cruz, including beautiful beaches, unique neighborhoods, famous boardwalks, and pleasant weather, just to name a few. However, booming tourism entails traffic congestion. This increases the risk of accidents, especially for pedestrians, who are the most vulnerable to such incidents. Arash Law provides legal services to accident victims in pursuing settlements for their injuries. Our lawyers can guide you in the claims process, helping to protect your rights and advocating for a favorable resolution of your case.
Settlement in a motor vehicle versus pedestrian accident; client, suffered facial and spinal injuries– JUDD ROSS ALLEN
How Can Our Santa Cruz Pedestrian Accident Lawyers Help Your Case?
Among those using our roadways, pedestrians are the most vulnerable. When they get involved in a traffic accident, they are the ones who tend to sustain the most catastrophic injuries. Our Santa Cruz pedestrian accident lawyers can help victims investigate the accident, identify the at-fault parties, and negotiate with insurance companies.
The following are legal services Arash Law’s Santa Cruz pedestrian accident attorneys provide:
- Conduct an Investigation — Your legal counsel will begin the claims process by gathering evidence and conducting an investigation into your case.
- Determine Negligent Parties — The investigation aims to determine the at-fault parties and establish liability.
- Understand Complex Regulations — With knowledge and experience in traffic and personal injury laws, your lawyer works to build a well-documented case.
- Handle Negotiation With Insurance Companies — Your attorney can manage communications and negotiations on your behalf while advocating for a fair settlement of your losses.
- Represent You in Court, If Necessary — If the insurers continue to insist on underpaying you and a settlement isn’t reached, your legal counsel is more than willing to file lawsuits and represent you in court to get a favorable verdict.
- Connect With Healthcare Providers — In such a challenging and often overwhelming time, they offer guidance and support during the entire claims process.
- Help Protect Your Rights — Our Santa Cruz pedestrian accident lawyers can work to keep you informed throughout the legal process while protecting your rights.
What Is Considered A Pedestrian In Santa Cruz, California?
Generally, pedestrians are people who are walking on the road, but the law provides a more encompassing definition. According to the California Department of Motor Vehicles (DMV), the following are considered pedestrians or vulnerable road users:
- A person walking.
- A person traveling on something other than a vehicle or bicycle. This includes roller skates, a skateboard, etc.
- A person with a disability using a tricycle, quadricycle, or wheelchair for transportation.
Why Are Pedestrian Accidents On The Rise?
Many of our roadways were designed to prioritize motor vehicles over pedestrians, a pattern seen across much of the United States. This emphasis on speed and vehicle flow may be contributing to a concerning rise in pedestrian accidents in California and nationwide. Other elements that could play a role are as follows:
Size Of The Vehicle
A growing number of people are selecting larger cars, including SUVs and pickup trucks. Due to their higher front profiles and greater weight, these vehicles are more likely to cause severe or fatal injuries in the event of a collision.
Hybrid, Quieter Cars
Compared to their gas-powered predecessors, electric and hybrid cars are much quieter. This reduced noise can make it harder for pedestrians, particularly those who are visually impaired, to detect approaching vehicles, increasing the potential for accidents.
Pedestrian Errors
Pedestrians can also contribute to accident risk when they fail to follow traffic laws, such as crossing outside marked crosswalks or ignoring signals.
Unsafe Crossings
Many pedestrian crashes occur at poorly designed or inadequately lit intersections. Limited visibility at night or in bad weather further increases the likelihood of serious injury.
When driver negligence or unsafe infrastructure contributes to a pedestrian accident, injured pedestrians may be able to seek compensation for injuries and related losses. Working with an experienced Santa Cruz pedestrian accident lawyer provides legal representation and guidance throughout the claims process, protecting their legal interests at every step.
Why Are Pedestrians Vulnerable In Traffic Accidents?
In a traffic collision involving pedestrians, the pedestrian is the more vulnerable party due to a lack of protection. This makes them susceptible to severe, incapacitating, and frequently fatal injuries. Unlike drivers, who are protected by seatbelts and airbags in their vehicles, pedestrians are smaller, less noticeable, and lack safety features. They may even sustain severe injuries even at low speeds.
There are certain predictable and avoidable causes of pedestrian accidents. Usually, drunk driving is an avoidable choice that puts lives at risk. In many instances, speeding is a deliberate decision, and a car traveling too fast for the road conditions can lead to crashes. In addition to endangering pedestrians, distracted driving can also seriously endanger other vehicles on the road. Illegal U-turns, running red lights and traffic signals, and failing to yield at crosswalks are examples of reckless driving that can cause property damage and personal harm.
It is the duty of both drivers and pedestrians to exercise reasonable caution when it comes to pedestrian safety. Pedestrians who jaywalk, dart into traffic, or are impaired by drugs or alcohol are more likely to get involved in accidents. Lastly, distracted walking, or when someone is more preoccupied with their phone than their environment, can also lead to serious accidents and injuries.
Some causes of pedestrian injuries cannot be avoided. Environmental problems, such as potholes, damaged sidewalks, inadequate illumination, awkward crosswalk positions, or poor road designs, can all contribute to accidents. Pedestrians may also be hurt as a result of multi-vehicle collisions or even unintended contact with other pedestrians.
What Is The Deadline For Filing A Pedestrian Accident Claim In California?
There is a statute of limitations for personal injury claims in every state, which sets the deadline for filing an accident claim. For pedestrian accidents in California, victims generally have two years from the date of the accident to file a lawsuit. Any claim filed after that may be dismissed.
It’s worth noting, however, that this deadline is subject to certain exceptions, which may include whether the victim is a minor, whether the accident involved a government vehicle or personnel, or the Delayed Discovery Rule in California. It’s crucial to file a claim within the required timeframe to avoid losing your right to compensation.
Pedestrian accident lawyers in Santa Cruz can help you identify the applicable deadline or exemption for your case and submit all the necessary paperwork on time.
Types Of Damages Available In Pedestrian Accident Cases
Accident victims may file a personal injury claim to pursue several types of damages, including both economic and non-economic. A medical professional, preferably your doctor, plays a crucial role in assessing your future medical needs, as they will also be taken into account.
You may face challenges when filing an insurance claim, such as low settlement offers, disputes over fault, or claim denials. In these situations, a lawyer can provide guidance and help you navigate the claims process to protect your rights and pursue appropriate compensation for your losses.
Our Santa Cruz pedestrian accident lawyers can help identify the types of damages applicable to your case and estimate the potential value of your claim.
Economic damages are tangible losses that can be measured. It includes:
- Present medical bills and future-related expenses.
- Property damage for vehicle repairs or replacement.
- Lost wages.
- Loss or diminished earning capacity.
Non-economic damages are often difficult to measure, as they’re intangible and subjective:
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of consortium
- Loss of quality of life
In rare cases, the injured party may be awarded punitive damages by a judge or jury if the negligent party is found to have acted with willful disregard of their rights. When the accident leads to a loved one’s death, eligible surviving family members may pursue a wrongful death claim.
Common Causes Of Pedestrian Accidents In Santa Cruz, California
Both motorists and pedestrians have a duty of care to one another when using the roadways. Failure to follow traffic rules can result in pedestrian accidents. In California, parking lots, crosswalks, and intersections are among the common places where such incidents occur.
The following are common causes of pedestrian accidents:
- Distracted Drivers — Anything that distracts a driver’s attention away from the road, such as using a phone, eating, or conversing with someone, can increase their risk of an accident.
- Drunk or Impaired Drivers — Driving while impaired by drugs or alcohol can affect reaction time and decision-making, which can pose a risk to pedestrians and other road users.
- Exceeding the Speed Limit — Speeding is against the law. Vehicle speed increases the force of impact and potential severity of pedestrian injuries.
- Disregarding Traffic Signals — Ignoring traffic rules and regulations, such as crossing against a red light, can lead to catastrophic consequences.
- Backing up Accidents — When drivers don’t check behind them when backing up, pedestrians are put at risk of being run over.
- Failure to Yield the Right-of-Way — The California Vehicle Code 21950 states that “the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” Failing to do so puts pedestrians’ lives at risk.
- Failure to Signal — Pedestrians may be caught off guard if drivers fail to signal their turns, potentially resulting in an accident.
- Left-Hand Turns — Automobiles making left turns may fail to yield to pedestrians in crosswalks, resulting in accidents.
- Poorly Marked or Unmarked Crosswalks — When crosswalks are not clearly marked, accidents are likely to occur.
- Hazardous Roadway Conditions — Roads that are poorly maintained can cause accidents involving pedestrians.
- Climate Conditions — During rainy or foggy weather, visibility is reduced, which can contribute to accidents.
- Unsuitable Lighting — Under-lit areas can make pedestrians and drivers less visible, increasing accident risks.
- Automotive Malfunction — A malfunctioning vehicle can cause a pedestrian accident, such as brake failures.
If you are injured in an accident as a pedestrian, our pedestrian accident lawyers will thoroughly investigate your case to determine the cause of the crash, gather evidence, and assess who may be liable for your injuries.
Common Injuries Sustained In Pedestrian Accidents
Some get lucky by surviving unscathed during a traffic accident. Others are injured or killed. The types of injuries one can sustain from a car crash can change the trajectory of one’s life. From bone fractures to crippling spinal injuries and traumatic brain damage, victims often face financial hardships. Someone else’s negligence can result in tragic outcomes for others.
If you were injured in a pedestrian accident, you may have a right to seek compensation from the at-fault party. However, the legal process may be overwhelming to manage independently, especially if you are still recovering from your injuries. In such cases, working with a pedestrian accident attorney in Santa Cruz can be beneficial. They can handle the legal aspects on your behalf so you can focus on getting better, including negotiations with insurers or representing your case in court, if necessary.
Here are the common injuries in pedestrian accidents:
- Concussions, Head Trauma, Traumatic Brain Injuries — Minor concussions can take a few days or weeks to heal, while severe head trauma can lead to devastating cognitive impairments.
- Spinal Cord Injuries — Injuries sustained by any part of the spinal column, spinal cord, or associated nerves can lead to permanent and lifelong disabilities.
- Soft Tissue Injuries — These injuries can range from mild to catastrophic and affect the body’s skin, muscles, tendons, and ligaments.
- Compound Fractures — Broken bones can lead to open wounds when they break the skin. A secondary infection, which is more serious than common fractures, may accompany these injuries.
- Internal Bleeding — Internal injuries can lead to internal bleeding, which, in turn, can create further damage to the body.
- Internal Organ Damage — Injuries that affect the organs inside the body require surgery and can lead to the removal of the organ or a portion of it.
- Crush Injuries — These injuries result from the body being squeezed by an intense force or between two heavy objects.
- Amputation — The loss of a limb due to an accident is referred to as a traumatic amputation. A lack of immediate medical attention can lead to profuse bleeding, shock, and infection.
- Paralysis — This condition is characterized by the loss of control of the whole or parts of the body. Paralysis can have long-term and debilitating consequences.
- Burns, Scarring, and Disfigurement — Burn injuries can lead to permanent scarring and disfigurement. Lifelong suffering and chronic pain are common among victims, and they are often re-injured.
- Post-Traumatic Stress Disorder (PTSD) — It refers to an anxiety disorder caused by witnessing or experiencing a terrifying event or accident. Among its symptoms are uncontrollable thoughts, flashbacks, and irrational worrying.
- Wrongful Death — In a wrongful death claim, the death of the victim is caused by the misconduct or negligence of another, causing damages to the victim’s loved ones.
Severe injuries result in significant costs and long-term disabilities for the injured party. Arash Law’s Santa Cruz pedestrian accident attorneys work to hold the at-fault parties liable for your costs and damages.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
How To Determine Fault In Pedestrian Accidents In Santa Cruz, CA
As an accident victim, how much you can pursue as compensation depends on whether or not multiple at-fault parties were involved and if you share the blame. Under California’s pure comparative negligence rule, each party’s compensation is reduced by their percentage of fault. This means that even if you were partially responsible for the accident, you may still be eligible to pursue damages, though your potential recovery will be reduced accordingly.
Because fault can be disputed and multiple factors often contribute to pedestrian accidents, it’s important to clearly establish what caused the crash. Our Santa Cruz pedestrian accident lawyer can help investigate the incident, gather evidence, and work to assess who may be liable for your damages. They can manage settlement negotiations, advocating for fair compensation on your behalf.
Some potentially liable parties in pedestrian accidents:
- The Driver — The driver is usually the first party to be considered in assessing liability. Severe injuries could result from drunk, distracted, reckless, or sleepy driving.
- The Manufacturer of Vehicle Parts — If a vehicle component malfunctions and causes a crash, the product manufacturer may be held responsible for your damages.
- Construction Company — When road construction sites are disorganized, contributing to the accident, the construction company may be liable. Some examples are negligent flagging, misleading signs, road debris, and machinery obstructing traffic.
- Government Agency — You may be able to sue the government if your accident was caused by a pothole, steep shoulder drop-off, uneven lane, or other hazardous road conditions.
The following four elements must be established with evidence when establishing negligence in a personal injury case:
- Duty of Care — Every person using the road, including drivers and pedestrians, has a legal duty to act with reasonable care to prevent harm to others. For example, drivers must obey traffic laws and remain attentive, while pedestrians must use crosswalks and follow signals.
- Breach of Duty — A breach occurs when a party fails to meet this duty of care. This could involve actions such as speeding, distracted driving, running a red light, or a pedestrian stepping into traffic without the right of way.
- Causation — The injured party must show that the breach of duty directly caused or substantially contributed to the accident and resulting injuries.
- Damages — The injuries must have resulted in medical costs, lost income, pain and suffering, and other damages.
FAQs About Pedestrian Accidents In Santa Cruz, California
Where Can I Ask For A Copy Of The Accident Report?
The official report of your accident, and all accident reports in California for that matter, are available through the California Highway Patrol (CHP) website or your local police. Forms must be completed and mailed along with the required fees in person or by mail. Your Santa Cruz pedestrian accident lawyers can request this on your behalf.
How Much Is My Pedestrian Accident Case Worth?
The potential worth of your accident case depends on various factors, including the severity of your injuries, the determination of fault, and available evidence. As discussed above, your claim’s worth includes any monetary losses you may have incurred due to medical bills, missed income, paying for assistance around the house, or for travel to and from appointments, physical therapy, and other treatment costs. Your current and anticipated accident-related expenses may also be taken into account. Non-monetary losses such as pain and suffering may also be considered.
How Long Will It Take To Settle My Pedestrian Accident Case?
Since every case is unique, the duration it takes for it to settle varies. While many cases are settled outside of court, others proceed to trial, which can take months or even years to resolve. In general, complex cases, such as having multiple at-fault parties, may take longer to settle. Working with a pedestrian accident lawyer in Santa Cruz can help your case move more efficiently by handling the necessary steps properly. An attorney works to help expedite communications, negotiations, and documentation, reducing delays in the settlement process.
Will My Pedestrian Accident Case Go To Trial?
It depends on the circumstances of your case and if settlement negotiations fail. Many cases are resolved through negotiation and settled out of court, but some disputes over fault, damages, or legal issues may require a trial. A personal injury lawyer, who handles pedestrian accidents, can give you advice if your case needs to proceed to trial, prepare legal arguments for your case, and represent your interests before a judge or jury.
Do I Need The Help Of Santa Cruz Pedestrian Accident Lawyers, Or Can I Settle On My Own?
You can settle a pedestrian accident case on your own, especially if the injuries are minor and the facts are straightforward. In more serious cases, working with a Santa Cruz pedestrian accident lawyer can help you understand your rights, organize evidence, and navigate the claims process more efficiently. In addition, your lawyer can review settlement offers to determine whether they reflect the full value of your losses. If needed, they can make counteroffers or negotiate on your behalf.
How Much Does It Cost To Hire Santa Cruz Pedestrian Accident Lawyers?
Many pedestrian accident lawyers, including ours at Arash Law, work on a contingency fee basis. In other words, clients are not required to pay attorney’s fees unless compensation is obtained through a settlement or verdict. Please note that certain case-related expenses may still apply.
Call Our Santa Cruz Pedestrian Accident Lawyers At Arash Law
Santa Cruz, its surrounding communities, and the rest of California continue to face challenges in creating pedestrian-friendly roadways. Accident victims and their families may need to pursue compensation for damages caused by negligent parties, not only to address their own losses but also to promote safe driving practices among motorists.
At Arash Law, our Santa Cruz pedestrian accident lawyers can handle the legal work on your behalf, including gathering evidence and pursuing compensation under the law. While the outcome of any case cannot be guaranteed, we strive to provide clear and transparent communication so you remain informed throughout each step of your claim.
Our pedestrian accident lawyers in Santa Cruz also offer legal services in neighboring cities and communities, including Live Oak, Soquel, Capitola, Pleasure Point, Twin Lakes, Monte Toyon, Aptos, Pasatiempo, Felton, and Scotts Valley.
Contact us at (888) 488-1391 or complete our “Do I Have A Case?” form here for a complimentary initial case assessment.
