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No one expects to be a victim in a pedestrian accident. The California Office of Traffic Safety shows that more than 14,000 people were injured in this type of accident. Almost 900 of those individuals died as a result. Compared to the rest of the US, the fatality rate for California pedestrian accidents is almost 25% greater.
What are the common causes of these accidents? What should you do if you’re involved in one? Can a pedestrian accident attorney in California help you? Those are just a few of the questions this text explores.
Common Causes of Pedestrian Accidents in California
The most commonly cited causes of pedestrian accidents in California include:
- Weather;
- Reckless driving;
- Present road construction;
- Vehicles turning left;
- Driving while under the influence;
- Distracted driving;
- Someone walking after dark;
- Brake failure or another issue with the vehicle;
- Inexperienced driver;
- Speeding.
If you’re involved in an accident while walking, you must know what to do to both protect your health and your potential legal claim against the driver.
Essential Steps to Take Following a Pedestrian Accident
In case you’re involved in a pedestrian accident, take the following steps if you can:
- Call for emergency help. Law enforcement will take a report and you can receive medical attention for your injuries. Make sure that you get medical care as soon as you can because you could have internal injuries that have few or no obvious symptoms.
- Take photos. Photos may be very helpful for your case. Take photos of your injuries, the vehicle, the accident site, and the weather.
- Get the police report number. Getting a copy of the police report is vital for your insurance claim and potential negligence case.
- Contact a pedestrian accident lawyer in California for a free consultation.
How Can a Pedestrian Accident Lawyer Help Your Case
Can a pedestrian accident lawyer in California really help you if you’re involved in this type of accident? Yes. Here’s how.
- Review the facts of your accident to determine the strength of your legal claim. This includes and is not limited to, what happened before, during, and after the accident. In addition to determining if there’s a valid claim, this also helps the attorney determine the best course of initial action.
- If you have a case, the lawyer will investigate the accident. This can include several parts, such as interviewing witnesses, reviewing reports and photos, and, if necessary, working with experts.
- Represent you when dealing with the insurance company or the defendants. By having a lawyer help you with the insurance claim for settlement, you stand a better chance of being treated fairly.
- Determine who holds the negligence for the accident. The negligent party may be legally required to compensate the victim for the accident. The amount of compensation is based on factors surrounding the case.
Seeking Fair Compensation for Pedestrian Accident Victims
If you have a valid pedestrian accident claim, you may be entitled to compensation. Working with an attorney may help ensure that you’re treated fairly. Some of the factors that determine compensation include:
- Medical expenses;
- Lost wages;
- Severity of injuries;
- Pain and suffering.
Contact Kermani LLP for Skilled Pedestrian Accident Lawyers in California
Kermani LLP’s pedestrian accident lawyers in California work diligently to assist individuals hurt in these types of accidents. With more than $50,000,000 recovered in total on behalf of clients, the legal team has the legal knowledge and trial experience to help you with your potential claim Protect your legal rights now by scheduling your free consultation.
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Frequently Asked Questions
What are the rules for pedestrian accidents in California?
In California, pedestrians are expected to adhere to the rules of the road. They should always exercise caution when crossing the road and uphold a duty of care towards all other traffic and pedestrians. Pedestrians shouldn’t suddenly leave a curb onto the road or walk into an unmarked road. Pedestrians also shouldn’t stop or delay traffic needlessly.
Do pedestrians always have the right-of-way in California?
Pedestrians must follow traffic rules like motorists, and they must safely cross the road. A pedestrian cannot walk into oncoming traffic with no crosswalk and expect to have the right-of-way. That said, cars also need to give pedestrians the right-of-way when pedestrians are walking in marked crosswalks or at a street intersection where traffic signals or a STOP sign is present.
What types of compensation can I seek if I’m a victim of a pedestrian accident in California?
A pedestrian accident can lead to a plethora of financial losses in the form of medical bills, lost wages, future medical bills, and pain and suffering. You can seek compensation that's equal to the value of the losses you experience as a result of your injuries.
What is the statute of limitations for filing a pedestrian accident claim in California?
The time limit, or statute of limitations, is put into place to protect both injured individuals and potentially liable parties. In general, you have two years from the date of the pedestrian accident to file a claim. After that time, you forfeit your right to file a claim.
How can a pedestrian accident attorney help with my case in California?
An attorney can help you make an informed choice on how to move on after a pedestrian accident by fully informing you about your legal rights and options. If a claim is in your best interests, then a lawyer can help you build up a strong case, collect evidence, value your case, negotiate with the other party, and help you get justice.
How do insurance companies evaluate pedestrian accident claims in California?
Insurance companies in California often operate on an at-fault basis, so you’ll need to seek compensation from the at-fault party’s insurance company. That company will evaluate your claim by assigning your case to an insurance adjuster. This adjuster will investigate what happened, the potential causes, and the extent of your injuries, and then attempt to reach an agreement with you or deny your claim altogether.
What evidence is crucial for a pedestrian accident lawsuit in California?
If you pursue a pedestrian accident lawsuit in California, then you’ll want to collect evidence like:
- A copy of the police report.
- Medical bills showing how much you paid for medical care.
- Any medical diagnosis you receive.
- A wage statement from an employer showing how much income you’ve lost.
- Proof of other losses.
- Photos or videos of the accident scene.
- Witness statements.
- Proof that the other party was negligent.
In general, the more proof you have to back up your claims, the more successful your claim is likely to be. A lawyer can help you determine what types of evidence to secure to build the best claim possible in your circumstances.
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