Pedestrian accidents are a serious problem in California, with thousands of people falling victim every year. Severe injuries, outrageous medical bills, and even long-term psychological effects such as post-traumatic stress disorder (PTSD) usually follow pedestrian accidents.
California law entitles victims to several remedies through personal injury litigation against at-fault drivers. Today, we’ll look at some common causes of these accidents and strategies for negotiating fair compensation.
California pedestrians have rights and protections under state law.
When crossing the street at a designated crosswalk or intersection, pedestrians generally have the right-of-way, meaning that the law requires drivers to yield and allow people to cross safely. Motorists must also exercise caution when approaching areas where pedestrians are likely present, such as near schools, parks, and residential neighborhoods.
Pedestrians should note that California uses a pure comparative negligence system when determining accident fault. This rule means that if the courts or insurers find both the pedestrian and the driver contributed to the accident, the fact finder can reduce damage awards to pedestrians by their percentage of fault. For instance, if a court determines that you were 20% responsible for the car accident, it would reduce your compensation by 20%.
To minimize your risk of being found partially at fault, you should hire a personal injury attorney to represent your interests during the claims process.
Your legal counsel can:
By employing these strategies, personal injury attorneys can minimize the impact of comparative negligence claims and maximize potential jury awards.
Pedestrian accidents happen for many reasons, but some causes are more prevalent than others. Below, we’ve outlined the most frequent beach of duties that provoke pedestrian harm.
When motorists text, eat, adjust the radio, or engage in other distracting behaviors behind the wheel, they may fail to notice pedestrians to avoid an accident.
Drivers who exceed posted speed limits or operate their vehicles carelessly in areas with high pedestrian traffic put people’s lives at risk.
Disregarding traffic signals or failing to yield the right-of-way to pedestrians in crosswalks leads to dangerous collisions.
Alcohol and drug impairment significantly diminish a driver’s ability to react to pedestrians and avoid crashes. Intoxicated drivers pose a severe threat to people and other road users.
Accidents are more likely to happen during periods of low visibility, such as at night, during inclement weather, or when pedestrians wear dark clothing.
The injuries sustained in pedestrian accidents are often severe and life-altering due to the lack of protection pedestrians have compared to vehicle occupants.
Some common actionable injuries suffered when struck by a vehicle include:
The severity and long-term impact of the above harm underscore the importance of getting paid for your losses. An experienced pedestrian accident attorney can help you pursue a settlement to cover medical expenses, lost wages, and other damages necessary for recovery.
Gathering evidence is necessary in pedestrian accident lawsuits. Personal injury law firms use their resources to discover the driver’s negligence and prove causation.
Law enforcement officers who respond to accidents create an official report at the scene detailing their findings, which can provide valuable insight into how damages occurred.
Bystanders who saw the incident can offer court-admissible perspectives on the events leading up to the collision and help corroborate your account.
Many intersections and businesses have cameras that may have captured the accident, providing visual evidence of the driver’s actions.
In complex cases, your attorney may enlist the help of specialists who can analyze the available evidence and create a detailed reconstruction of how the accident unfolded.
By carefully examining this evidence, your legal team can work to demonstrate that the driver’s negligent actions directly caused your injuries, strengthening your compensation claim.
If a negligent driver injured you while walking in California, you can bring personal injury action and seek legal remedies for your losses.
However, you must act fast because the statute of limitations for these claims is generally two years from the accident date.
Your injury attorney must also prove the following tort elements to receive a favorable jury award.
Your legal counsel will help you comply with court rules and deadlines, gather evidence to support your claim, and strike down claims against you.
Our personal injury lawyers also handle negotiations with insurance companies and, if necessary, represent you during court-ordered mediation sessions.
After a pedestrian accident, you’ll likely file a claim with the at-fault driver’s insurance company. Remember that insurance adjusters are primarily concerned with minimizing payouts and protecting their company’s bottom line rather than ensuring you receive a fair settlement.
Insurance adjusters may pressure you into accepting a low initial settlement offer, claiming it’s the best they can do.
But a lowball offer will most likely not remedy the full extent of your damages, particularly when you’ve suffered severe injuries that require ongoing medical treatment or result in long-term disabilities.
Before signing your rights away by accepting a settlement, it’s best to consult a personal injury lawyer who can evaluate your case, quantify damages, and negotiate a better payout.
Your attorney will calculate a fair settlement amount that takes care of all your losses, including:
If the insurance company refuses to budge, your injury lawyer may file a lawsuit to pursue a proper award through the court system.
California provides legal protections for pedestrians, and if a driver’s negligence caused your injuries, you can receive payment to cover your economic and noneconomic losses.
However, taking on the legal system and dealing with insurance companies alone can be challenging, particularly when trying to focus on your recovery.
An experienced pedestrian accident attorney can handle the legal aspects of your case, allowing you to concentrate on healing. Don’t wait to seek legal guidance from a California personal injury law firm to discuss your case, learn about your rights, and explore your options for pursuing the compensation you deserve.
At DP Injury Law, we have years of experience handling pedestrian accident cases throughout California. We’ve helped injury victims take home millions in compensation from the at-fault party. Don’t settle for pennies on the dollar; contact us now for your FREE case evaluation.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
