California isn’t the most pedestrian-friendly state in the U.S. In 2021, the most recent year for which data is available, 1,108 pedestrians were killed in California, making it one of the top 10 most dangerous states in the nation for pedestrians.
If you’ve been hit by a vehicle as a pedestrian, you’re likely dealing with serious injuries, medical expenses, and maybe even the inability to work. You might be worried about how you’ll manage financially if you don’t get fair compensation.
At Berg Injury Lawyers, we fight for pedestrians who have been injured. Our goal is to make sure you’re not left paying for someone else’s negligence.
If you’re struggling after being hit by a vehicle, let us help. We’ll take on the legal challenges, allowing you to focus on your recovery. Contact us today for a free consultation.
Navigating Pedestrian Accident Claims
A pedestrian accident occurs when a pedestrian is hit by a motor vehicle, bicycle, or other form of transportation. Pedestrians are extremely vulnerable due to their lack of protection against vehicles, and these incidents can happen anywhere—from sidewalks to parking lots.
Pedestrian accidents in California can be caused by many factors, including distracted driving, speeding, failure to yield, and drunk driving. Liability in these cases can be complex. While drivers are expected to look out for pedestrians and exercise caution, pedestrians can also share some of the blame in certain scenarios.
California operates under a comparative negligence rule, which means a pedestrian’s compensation may be reduced if they are found to be partially at fault for the accident.
What to Do After a Pedestrian Accident
If you’re involved in a pedestrian accident in California, take immediate steps to protect your rights and secure the compensation you’re entitled to. Here are the essential steps to take after a pedestrian accident:
- Medical Attention and Documentation: Your health should always be your priority. Seek immediate medical attention, even if your injuries seem minor. Comprehensive documentation of your injuries and prompt medical treatment will aid in your recovery and serve as crucial evidence in your personal injury claim.
- Report the Accident: Notify the local authorities, such as the police or highway patrol, about the accident. An official accident report can serve as valuable evidence in your case. Ensure you provide accurate and detailed information about the accident.
- Evidence Collection: Gather as much evidence as possible to support your claim. Take pictures of the accident scene, your injuries, and any property damage. Get contact information from any witnesses and ask them to provide a statement. This evidence can help determine liability and strengthen your case.
After these initial steps, consult with an experienced pedestrian accident lawyer. They can guide you through the legal process, negotiate with insurance companies on your behalf, and fight to maximize your compensation.
Proving Negligence in Pedestrian Accident Cases
In pedestrian accident cases, proving negligence is critical to establishing liability and getting compensation. There are four elements that need to be considered when determining negligence in these cases.
- Duty of Care: This refers to the legal obligation of all drivers to exercise reasonable care when operating a vehicle, especially when pedestrians are present. If a driver fails to uphold this duty of care, they may be deemed negligent.
- Breach of Duty: This occurs when a driver fails to meet the expected standard of care. For instance, if a driver is distracted, speeding, or disobeying traffic laws, they may be considered in breach of their duty of care.
- Causal Connection: This means that the driver’s breach of duty must be the direct cause of the accident and resulting injuries.
- Damages: There must be actual losses or injuries suffered by the pedestrian. Without injuries, it may be difficult to establish a negligence claim.
Gathering evidence is vital to establishing negligence in pedestrian accident cases. This can include obtaining police reports, gathering medical records, and documenting the accident scene. Eyewitness testimony can also play a key role in proving negligence. Witnesses can provide valuable information about the accident, such as the driver’s behavior, speed, and any traffic violations committed.
Having strong evidence and eyewitness testimony can greatly strengthen a pedestrian’s case and increase the chances of receiving fair compensation for their injuries and damages.
California Pedestrian Laws Explained
California pedestrian laws are designed to protect the safety and rights of pedestrians. If you have been involved in a pedestrian accident in California, it’s important to understand these laws to ensure your rights are protected. Here are some key aspects of California pedestrian laws:
- Pedestrian Right of Way: In California, pedestrians generally have the right of way when crossing the street. Drivers are required to yield to pedestrians in crosswalks, even in the absence of traffic signals or signs. However, pedestrians must also exercise caution and not suddenly step in front of a vehicle, which could contribute to an accident.
- Crosswalk Rules: California law requires drivers to stop and yield to pedestrians in a marked or unmarked crosswalk. Pedestrians should use designated crosswalks when available and wait for a safe opportunity to cross the street.
- Pedestrian Safety Regulations: California has implemented various safety regulations to protect pedestrians. These include laws prohibiting distracted driving, such as texting or talking on a cell phone while driving. Additionally, drivers are required to exercise due care and maintain a safe speed to prevent accidents with pedestrians.
Potential Damages in Pedestrian Accident Cases
Victims of pedestrian accidents often suffer damages that can significantly impact their lives. Here are three common categories of damages in pedestrian accident cases:
- Medical Expenses and Rehabilitation Costs: Pedestrian accidents can result in severe injuries that require extensive medical treatment and ongoing rehabilitation, the costs of which can quickly add up. Victims can seek compensation for these past and future medical expenses.
- Lost Income and Future Earning Potential: Pedestrian accidents can leave victims unable to work, resulting in lost wages. If the injuries sustained in the accident have long-term effects, victims may experience a decrease in their future earning potential. Compensation for lost wages and future earning potential can help alleviate the financial burden caused by the accident.
- Pain and Suffering: Pedestrian accidents often cause physical pain, emotional distress, and a decreased quality of life for the victims. These non-economic damages, known as pain and suffering damages, can be challenging to quantify. However, they are an essential component of compensation in pedestrian accident cases. Experienced personal injury lawyers can help victims assess and pursue fair compensation for their pain and suffering.
Contact Our California Pedestrian Accident Lawyers
Our team of pedestrian accident lawyers is not only highly knowledgeable but also deeply passionate about advocating for the rights of our clients. We will fight to ensure that your voice is heard and that you receive the justice and compensation you deserve.
At Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®. If you’re considering your legal options, contact us today for a free consultation.
