Pedestrian Accident Attorney Near Me
When a pedestrian is struck by a vehicle, the physical, emotional, and financial consequences can be overwhelming. The complexities of dealing with insurance companies, medical bills, and legal procedures can add to the stress. Having a knowledgeable pedestrian accident attorney by your side ensures that your case is handled with the utmost care and expertise. We work tirelessly to navigate the legal system, advocate for your interests, and ensure that your rights are protected throughout the entire process.
Understanding Pedestrian Accidents
Types of Pedestrian Accident Cases
- Crosswalk Accidents Crosswalk accidents occur when pedestrians are struck while crossing the street at designated crosswalks. These incidents often happen when drivers fail to notice or obey traffic signals, leading to serious injuries or fatalities. Crosswalks are specifically designed to provide safety for pedestrians, and when an accident occurs in these areas, the fault often lies with the driver for failing to yield the right of way.
- Sidewalk Accidents Sidewalk accidents involve pedestrians being injured while walking on sidewalks or other pedestrian pathways. These accidents can occur due to various reasons, including poorly maintained sidewalks, construction hazards, or even collisions with vehicles that veer off the road. In these cases, liability can extend to property owners, municipalities, or other responsible parties for failing to maintain safe pedestrian pathways.
- Hit-and-Run Accidents Hit-and-run accidents involve drivers who flee the scene after striking a pedestrian. These incidents can make it particularly challenging for victims to obtain compensation, as the responsible party’s identity is often unknown. However, legal professionals can assist in tracking down the driver and securing compensation through available resources and insurance claims.
Common Causes of Pedestrian Accidents
- Distracted Driving Distracted driving is a leading cause of pedestrian accidents. When drivers use mobile devices, engage in conversations, or become otherwise distracted, their attention is diverted from the road. This lapse in attention can result in collisions with pedestrians, often leading to serious injuries. Ensuring that drivers remain focused on the road is crucial in preventing such accidents.
- Speeding Speeding significantly increases the likelihood of pedestrian accidents and the severity of injuries sustained. Drivers who exceed speed limits have less time to react to unexpected situations, such as pedestrians crossing the street. Higher speeds not only reduce the effectiveness of braking but also increase the force of impact, leading to more severe injuries.
- Failure to Yield Failure to yield occurs when drivers do not grant the right of way to pedestrians at crosswalks or intersections. This negligence can result in accidents where pedestrians are struck while attempting to cross the road legally. Drivers are required by law to yield to pedestrians, and failure to do so constitutes a breach of traffic regulations.
- Poor Road Conditions Poor road conditions can also contribute to pedestrian accidents. Unsafe roadways, inadequate signage, poorly lit areas, and obstructed crosswalks can create hazardous environments for pedestrians. Responsibility for maintaining safe road conditions often falls on municipalities or property owners, and they may be held liable if their negligence contributes to an accident.
Legal Aspects of Pedestrian Accident Claims
Pedestrian Accident Laws in California
Driver Liability
In California, drivers have a legal obligation to exercise reasonable care when operating a vehicle, particularly in areas where pedestrians are present. California Vehicle Code § 21950 mandates that drivers must yield the right of way to pedestrians in marked or unmarked crosswalks. If a driver fails to adhere to this duty and causes an accident, they may be held liable for any resulting injuries.
The law recognizes that drivers must be vigilant and attentive, especially in areas with high pedestrian traffic. If a driver’s negligence—such as speeding, distracted driving, or failure to yield—leads to a pedestrian accident, they can be held legally responsible for the damages incurred.
Comparative Fault
California follows a comparative fault system when determining liability in pedestrian accident cases. This means that fault can be shared between the driver and the pedestrian. The degree of responsibility assigned to each party affects the amount of compensation awarded.
For example, if a pedestrian is found to be partially at fault for the accident, such as by jaywalking or crossing against a traffic signal, their compensation may be reduced proportionally to their degree of fault. However, drivers are still required to exercise reasonable care, and their primary responsibility remains to avoid causing harm to pedestrians.
Defenses to Pedestrian Accident Claims
Contributory Negligence
In some cases, the defense may argue that the pedestrian’s own actions contributed to the accident. Contributory negligence might include situations where the pedestrian was not paying attention, crossed the street at an inappropriate location, or engaged in behavior that increased the risk of an accident. The impact of contributory negligence on compensation depends on how fault is apportioned between the parties involved.
Violation of Traffic Laws
Another common defense is that the pedestrian was violating traffic laws at the time of the accident. For example, if the pedestrian was crossing the street outside of a designated crosswalk or disregarding traffic signals, the defense may argue that these actions contributed to the accident. While this can affect the outcome of the case, drivers still have a duty to avoid causing harm to pedestrians, and violations by the pedestrian do not absolve the driver of liability.
Types of Damages Available
- Medical Expenses: Compensation for medical expenses includes coverage for all costs associated with treating injuries sustained in the pedestrian accident. This can encompass emergency care, hospitalization, surgeries, medications, rehabilitation, and any future medical needs related to the injury.
- Pain and Suffering: Pain and suffering damages address the physical and emotional distress resulting from the accident. This includes compensation for chronic pain, emotional trauma, loss of enjoyment of life, and any psychological effects stemming from the injury.
- Lost Wages: If the pedestrian’s injuries prevent them from working, they may be entitled to compensation for lost wages. This includes reimbursement for income lost during recovery and any potential future earnings affected by the long-term impact of the injuries.
- Property Damage: If personal property, such as clothing or a phone, was damaged in the accident, compensation for property damage may be available. This covers the repair or replacement of damaged items directly related to the accident.
Steps to Take After a Pedestrian Accident
Immediate Actions
- Seek Medical Attention: The first and foremost priority after a pedestrian accident is to seek medical care, even if you feel fine initially. Some injuries may not be immediately apparent and can worsen over time. Prompt medical attention not only ensures your health and safety but also provides important documentation of your injuries.
- Early Diagnosis: Medical professionals can identify and treat injuries that may not be immediately visible or symptomatic.
- Medical Records: These documents serve as crucial evidence for your claim, detailing the extent of your injuries and the treatment required.
- Link to Accident: Prompt medical attention helps establish a direct connection between the accident and your injuries, which is essential for proving liability.
- Report the Incident: Reporting the accident to local authorities is a critical step. This typically involves filing a police report or notifying local traffic control authorities. An official report provides a formal record of the incident and can be instrumental in legal proceedings.
- Accident Documentation: The report will document the details of the accident, including the time, location, and parties involved.
- Legal Evidence: An official report can be used to support your claim and provide an account of the incident from an authoritative source.
Gather Evidence
- Photographs: Taking photographs at the scene of the accident can provide valuable evidence for your case. These images should capture various aspects of the incident.
- Injuries: Clear images of any visible injuries you sustained.
- Accident Scene: Photos of the location where the accident occurred, including road conditions, traffic signs, and any contributing factors.
- Involved Vehicles: If applicable, pictures of the vehicles involved in the accident, including their damage and position.
- Witness Statements: Collecting statements from witnesses can bolster your case by providing independent accounts of the accident.
- Contact Information: Obtain names, phone numbers, and addresses of any witnesses.
- Statements: Ask witnesses to provide a brief description of what they saw, which can be used to corroborate your version of events.
- Medical Records: Ensure you keep thorough records of all medical treatments and diagnoses related to the accident.
- Treatment Documentation: Records of hospital visits, surgeries, therapies, and any follow-up care.
- Diagnosis: Details of your injuries and the impact they have on your daily life, as documented by medical professionals.
Contact a Pedestrian Accident Attorney
Why Legal Representation is Crucial:
- Expertise in Handling Claims: An attorney with experience in pedestrian accident cases understands the nuances of the law and can provide strategic guidance.
- Maximizing Compensation: Lawyers can help ensure that you receive the full compensation you deserve for medical expenses, pain and suffering, lost wages, and property damage.
- Legal Process Management: Attorneys handle all aspects of the legal process, including filing claims, gathering evidence, and representing you in court if necessary.
The Law Offices of Tim D. Wright
If you or a loved one has been involved in a pedestrian accident, the Law Offices of Tim D. Wright are here to offer expert legal support and help you navigate the complexities of your case. Our experienced team is committed to fighting for your rights and ensuring you receive the compensation you deserve.
Don’t wait to seek the legal help you need. Contact us today for a free consultation to discuss your case and explore your options. We are here to provide you with personalized attention and guide you through every step of the legal process.
Contact Us
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506
Let the Law Offices of Tim D. Wright be your trusted advocate in seeking justice and securing the compensation you need. Contact us now to take the first step towards resolution and recovery.
