Pedestrian accidents in California can result in life-altering injuries, extensive medical costs, and a complex path to recovery. If you or a loved one has been involved in a pedestrian accident, it’s crucial to understand your rights and the legal options available to you.
Hillstone Law Accident & Injury Attorneys are here to help you navigate the legal process and ensure you receive the compensation you deserve.
Why You Need a California Pedestrian Accident Attorney
Handling a pedestrian accident claim without legal representation can be overwhelming. A qualified California pedestrian accident lawyer can help in multiple ways:
- Navigating complex legal procedures: Pedestrian accident cases involve intricate legal rules and regulations that a skilled lawyer can navigate on your behalf. They will ensure that all filings, deadlines, and legal processes are handled correctly to avoid complications.
- Maximizing compensation: An experienced attorney will work to secure compensation for your medical expenses, lost wages, and pain and suffering. They will assess the full extent of your damages to seek the highest possible financial recovery.
- Handling comparative fault claims: Insurance companies often try to place blame on the pedestrian to reduce payout. A lawyer will defend against these tactics by demonstrating that the driver bears the majority of the responsibility for the accident.
- Gathering evidence and expert testimony: Lawyers will collect critical evidence such as traffic camera footage, witness testimony, and expert opinions to build a strong case. This thorough investigation helps establish fault and supports your claim for damages.
- Dealing with insurance companies: Your lawyer will ensure the insurance company does not underpay or deny your claim. They will negotiate on your behalf and counter any lowball offers or attempts to diminish your compensation.
Common Causes of Pedestrian Accidents in California
Pedestrian accidents occur for a variety of reasons, many of which stem from driver negligence. The most common causes include:
- Driver negligence: Speeding, distracted driving (e.g., texting or using a phone), and driving under the influence of alcohol or drugs are leading causes of pedestrian accidents. These behaviors impair a driver’s reaction time and attention, significantly increasing the likelihood of hitting a pedestrian.
- Poor visibility or conditions: Accidents are more likely to happen at night, in poor weather, or in areas with inadequate lighting or signage. Reduced visibility makes it difficult for drivers to spot pedestrians, especially in areas without proper street lighting or clear road markings.
- Pedestrian mistakes: While drivers bear much of the responsibility, pedestrians can also contribute to accidents by crossing outside of crosswalks or ignoring traffic signals. Failing to follow traffic laws or misjudging vehicle speed can put pedestrians directly in harm’s way.
- Defective infrastructure: Faulty or poorly designed crosswalks, malfunctioning traffic signals, or a lack of pedestrian signs can also contribute to accidents. These defects create confusion and unsafe conditions for both pedestrians and drivers, leading to preventable collisions.
California Pedestrian Accident Laws
California law provides protections and rights for pedestrians, but these laws also impose responsibilities. In many cases, the fault for a pedestrian accident can be shared between the driver and the pedestrian under California’s comparative negligence laws.
This means that a pedestrian can still recover compensation even if they are partially at fault for the accident, although their award may be reduced by their percentage of fault.
Pedestrians generally have the right of way at marked crosswalks and intersections, but they are also required to exercise reasonable caution. Drivers are expected to yield to pedestrians, but pedestrians must follow traffic signals and avoid walking into the path of oncoming vehicles when unsafe.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often lead to severe injuries due to the vulnerable nature of pedestrians compared to vehicles. Common injuries include:
- Traumatic brain injuries (TBI): Head trauma from striking the pavement or vehicle.
- Spinal cord injuries and paralysis: High-impact accidents can cause lasting or permanent damage to the spinal cord.
- Broken bones and fractures: Common injuries to arms, legs, and hips due to direct impact.
- Internal injuries: Damage to internal organs is frequent and can be life-threatening.
- Psychological trauma: Beyond physical injuries, accident victims may suffer from post-traumatic stress disorder (PTSD), anxiety, and emotional distress.
Compensation Available for Pedestrian Accident Victims
If you’ve been injured in a pedestrian accident, you may be entitled to various types of compensation:
- Economic damages: This includes medical bills, rehabilitation costs, and lost income due to your inability to work.
- Non-economic damages: You can also receive compensation for the emotional and physical pain and suffering caused by the accident.
- Wrongful death claims: If a loved one has died as a result of a pedestrian accident, surviving family members may be eligible to file a wrongful death lawsuit to cover funeral costs, loss of companionship, and more.
Steps to Take After a Pedestrian Accident
The actions you take immediately following a pedestrian accident can have a significant impact on the outcome of your case. These steps are crucial in protecting your health, gathering evidence, and safeguarding your legal rights.
Each of these steps is designed to protect your health, gather vital evidence, and prevent insurance companies from undermining your claim. Taking swift and informed actions after a pedestrian accident greatly improves your chances of obtaining the full compensation you deserve.
Seek Immediate Medical Attention
After an accident, it’s essential to get medical help right away, even if you feel your injuries are minor. Some injuries, such as concussions, internal bleeding, or soft tissue damage, may not be immediately apparent and could worsen without treatment.
Immediate medical attention not only ensures your well-being but also provides documentation of your injuries, which can be pivotal when pursuing compensation.
Medical records provide a timeline and proof of the injuries you sustained from the accident, making it more difficult for insurance companies to dispute the cause or severity of your injuries. Call an ambulance at the scene or visit an emergency room immediately after the accident.
Follow up with your doctor for any additional care.
Report the Accident
It’s critical to contact the police and file an official accident report. This report creates a formal record of the incident, which is a vital piece of evidence for your claim.
Without an official police report, it can be your word against the driver’s, complicating the legal process.
An accident report includes key details such as the time, location, parties involved, and potentially even witness statements or information on the driver’s fault. Call the police immediately, regardless of how minor the accident may seem.
Ensure all details are documented accurately, and request a copy of the report for your records.
Gather Evidence
If you are physically able to do so, gather as much evidence as possible at the accident scene. This evidence can help support your claim and ensure that the responsible party is held accountable.
Photos, videos, and witness statements can provide an accurate depiction of the scene and can be essential in proving fault.
Evidence collected at the scene can illustrate the conditions of the accident, such as road hazards, driver behavior, or faulty infrastructure. This helps prevent the at-fault party or their insurance company from misrepresenting facts.
Take photos of the accident scene, including the vehicle, your injuries, traffic signals, crosswalks, and any other relevant factors. If there were witnesses, ask for their contact information and request statements.
Save all relevant evidence for your attorney.
Avoid Communication With Insurance Companies
After the accident, the at-fault party’s insurance company may reach out to you for a statement or to offer a quick settlement. It’s important to avoid engaging in discussions with them without first consulting a lawyer.
Insurance companies are primarily concerned with minimizing payouts and may use anything you say against you later in the claims process.
Statements made to insurance companies can be used to devalue or deny your claim. Early settlements are often much lower than what you are entitled to and may not cover long-term medical costs or lost wages.
Politely decline to give any statements or sign any documents until you have spoken to a lawyer. Inform the insurance adjuster that your attorney will handle further communication.
This ensures that your legal rights are protected.
How Hillstone Law Accident & Injury Attorneys Can Help
At Hillstone Law Accident & Injury Attorneys, we have extensive experience handling pedestrian accident cases. We understand the unique challenges these cases present and are dedicated to providing personalized, results-driven representation.
Our attorneys work tirelessly to secure the maximum compensation for our clients. Additionally, we operate on a contingency fee basis, meaning you don’t pay us unless we win your case.
We focus on building strong legal strategies tailored to the specific needs of each client, whether negotiating a settlement or taking the case to trial. Our track record in pedestrian accident cases speaks for itself, and we are committed to delivering justice for injured pedestrians.
Choose Hillstone Law Accident & Injury Attorneys as Your California Pedestrian Accident Law Firm
If you or a loved one has been injured in a pedestrian accident, don’t wait to seek legal assistance. Contact Hillstone Law Accident & Injury Attorneys for a free consultation.
Our experienced legal team will review your case, answer any questions, and help you determine the best course of action. Call us today at (855) 604-4641 or fill out our online contact form to schedule your consultation.
