Pedestrian Accidents

Pedestrian Accidents

Encinitas Pedestrian Accident Attorney

Pedestrians are some of the most vulnerable people in busy metropolitan areas. When drivers are careless or negligent behind the wheel, and pedestrians are nearby, they can easily cause devastating or even fatal accidents. Whenever a driver strikes a pedestrian, the driver is almost always at fault. Even if the pedestrian is partially to blame for the incident, California law places the higher duty of care on drivers to avoid hitting pedestrians. If you or a loved one recently suffered injuries because a driver hit you while walking, you likely have grounds for a personal injury claim against them.

Perry Law can provide the meticulous and compassionate legal representation you need when a negligent driver has caused a pedestrian accident with you or a family member. Our firm has the resources and experience necessary for handling the most complex civil claims in Southern California, and throughout the years of our firm’s operation, we have helped our past clients secure millions in compensation for their losses. It is vital to know your rights and options for legal recourse after experiencing a pedestrian accident in Southern California.

Why Do I Need a California Pedestrian Accident Lawyer?

Navigating any civil claim without an attorney is extremely challenging, and the chance of failure is much greater when the plaintiff does not have legal counsel they can trust, to guide them through their case proceedings. Pedestrian accident claims often involve significant damages, many of which may be life-changing for the plaintiff. It would be very difficult for the plaintiff to manage their case unassisted while managing the aftermath of their accident and their medical recovery. Hiring an experienced California pedestrian accident attorney will not only make it easier to handle a civil claim for a pedestrian accident, but also increase the likelihood of success with the claim.

Attorney Liam Perry and the team at Perry Law can handle the procedural requirements of your case while you focus on your recovery with peace of mind. We will keep you updated about your latest case proceedings and ensure you have all the information you need to make confident decisions about the direction of your case. We will also thoroughly investigate every avenue of compensation available to you to ensure we maximize your recovery. If you are concerned about the cost of your legal fees, there are no upfront cost for our representation, and you only pay legal fees once we win your case.

Kinds of Accidents Involving Pedestrians

Our legal staff has handled a variety of personal injury claims, so you can trust our experience at every stage of the process. Pedestrian accidents frequently fall into a handful of categories:

  • Pedestrians crossing into or out of a crosswalk
  • Pedestrians suddenly spring into view, known as dart-outs, which are caused whenever a motorist has an obscured view
  • Approaching, turning, or merging, especially when near an intersection
  • Backing up collisions when a motorist isn’t paying attention
  • Unwarranted passing

Both drivers and pedestrians must pay attention and do their utmost to avoid mishaps. Drivers should be aware of locations where pedestrians may be found, such as construction zones, crosswalks, school zones, and so on. Pedestrians, however, must also exercise caution by looking out for cars that might not notice them walking.

Pedestrian Accident Causes

The majority of pedestrian accidents are caused by a driver’s negligence. The following are some of the most frequent causes of pedestrian incidents:

  • Tired driving
  • Going too fast or breaking other traffic rules
  • Driving without care
  • Cell phone usage, looking at GPS, changing the radio station, eating, and other distracted driving behaviors
  • Failure to accommodate pedestrian on a left turn
  • Being under the influence of a substance
  • Construction road workers
  • Low visibility
  • Failure to follow right of way rules

There are a number of additional causes that may result in pedestrian injuries. Pedestrians who are wearing dark colors at night may be harder to see. A driver’s vision can be limited by weather or other circumstances. Although California has legislation that aims to safeguard pedestrians, you must first establish liability against the other person before receiving any payment. Pedestrian accident claims are not always simple to resolve, which is why you want the finest legal representation possible.

California is a comparative negligence state, which implies that you may get a percentage of your losses even if you are partially responsible for the accident. For example, if a jury determines you were 20% at blame, you might receive 80% of your compensation. It’s critical to understand how comparative negligence works. The insurance company of the other party is going to be on the lookout for any method to shift more responsibility onto you to reduce the amount they need to pay.

Personal Injury Accident Trends

Injuries in a pedestrian accident are frequently severe or even deadly. In contrast to vehicle occupants who have airbags, seat belts, and other safety measures, pedestrians have no protection in an accident. During a collision, the body of a pedestrian makes direct contact with the automobile.

The following are examples of some of the more frequent pedestrian accident injuries we assist clients with:

  • Bones that are fractured or crushed
  • Damage to internal organs
  • Bleeding internally
  • Injuries to the spinal cord, including paralysis
  • Ligaments that were torn
  • Cuts, scratches, and road rash
  • Injuries to the appendages
  • Brain trauma injuries

In some situations, injuries may be permanent, leaving the person disabled and unable to work. Victims might require continuing medical attention and have visible scars as well as emotionally devastating consequences.

What to Do If You’ve Been in a Pedestrian Accident

It’s not simple to think clearly after being struck by a vehicle, but what you say and do after the incident will influence your claim’s outcome. The following ideas can assist you in avoiding disputes surrounding liability and compensation and might result in a fair settlement offer early on in the case:

  • If possible, call the cops and have an officer generate a report.
  • Take pictures of your injuries, damages to anything, the scene of the incident, weather conditions, road conditions, and the car that collided with you.
  • Take photos of the other motorist operator’s driver’s license, license plate, and insurance card for your records.
  • Keep notes on the communication information of all witnesses.
  • Immediately go see a doctor if you are concerned about your health.
  • Every area in your being that feels discomfort should be described to your doctor.
  • Follow your doctor’s instructions for treatment and never miss any follow-up appointments.
  • Keep a record of your diagnosis and healing process in a diary.
  • Do not communicate with insurance companies to accept a claim settlement until after you have talked to a lawyer.
  • Don’t go on social media.
  • Make a call to a personal injury lawyer immediately if you are injured in an incident.

Damages and Compensation for Your Pedestrian Accident Claim

Pedestrian accidents tend to involve substantial damages. Even at relatively low speeds, vehicle drivers can inflict catastrophic injuries when they hit pedestrians. If you or a loved one suffered injuries in a pedestrian accident, medical expenses are just one of the several types of damages you will likely be eligible to claim in your civil action against the responsible driver. Your damages in a Southern California pedestrian accident may include:

  • Medical expenses, both immediately following your accident as well as anticipated future medical costs for the treatment you will require. Your pedestrian accident may cause broken bones, spinal injuries, traumatic brain injuries, and internal organ damage that require extensive long-term treatment. Your California pedestrian accident attorney will help you calculate the full scope of your immediate and future medical expenses and include them in your civil claim.
  • Lost income, including lost future earning potential. You may be forced to stay home from work while you recover from your injuries, and a severe injury may cause a permanent disability that leaves you completely unable to work in the future. You have the right to recover all lost income resulting from your pedestrian accident, including lost earning potential.
  • Pain and suffering. California state law allows a personal injury plaintiff to claim compensation for noneconomic losses like physical pain and psychological trauma. If your accident caused painful injuries and a permanent medical complication, pain and suffering is likely to form the bulk of your overall recovery.

An experienced California pedestrian accident lawyer will ensure your personal injury claim includes all of your claimable damages. However, to succeed with your claim you will need to correctly identify the defendant responsible for causing your damages and prove they are responsible for your losses.

Wrongful Death

Unfortunately, at least one pedestrian is killed in the accident, and some pass away as a result of their injuries. After a pedestrian accident, surviving family members might have the legal right to sue for wrongful death. If the driver was careless, reckless, or acted intentionally, certain family members may receive compensation from California’s Wrongful Death Act. If you can show liability in a wrongful death lawsuit, you may be eligible for financial compensation, such as funeral and burial expenses, missed income, and loss of loved ones. The losses of the surviving family members are not those in a wrongful death claim. Rather, they are known as damages.

Proving Fault for a Pedestrian Accident

Every personal injury claim filed in California hinges on “negligence,” or a party’s failure to exercise reasonable care in a given situation. When it comes to pedestrian accidents, this is a fairly straightforward process; every driver has a legal duty to avoid hitting pedestrians at all times. Your attorney will help you gather whatever evidence you may require to establish fault for your pedestrian accident. This may include physical evidence from the scene of the accident, eyewitness testimony, and records like vehicle computer data, the defendant’s cell phone records, or traffic camera footage.

It is important to note that California upholds a pure comparative negligence statute that may come into play in some pedestrian accident claims. Under this statute, a plaintiff loses a percentage of their case award if they were partially responsible for causing their claimed damages. For example, if a pedestrian jaywalked and was hit by a passing vehicle, the judge may determine they are partially responsible for causing the accident, but as a motorist the defendant had the higher duty of care in the situation. If comparative negligence is established, the plaintiff loses a percentage of their case award equal to the fault percentage assigned to them by the judge. In a $500,000 claim in which the plaintiff is found to be 10% at fault, the plaintiff loses 10% of the case award and would receive $450,000 instead.

Why You Should Swiftly Contact Your Personal Injury Accident Lawyer?

The injuries that pedestrians suffer might be quite damaging, and medical expenses can be substantial. The company that insures you or the motorist at fault may pressure you into giving a statement that could be used against you for liability or damages in order to decrease their liability. They may check your public presence for comments that could help them support their claim. Also, critical evidence such as camera footage may be utilized in court to back up your claim may get deleted.

An experienced attorney from Perry Personal Injury Lawyers will assist you in remaining one step ahead of the insurance company or responsible party and avoid blunders that could jeopardize your claim if you are in California and need a personal injury attorney. Our attorneys will also conduct an immediate investigation to acquire evidence while it is still available. We can also speak with the insurance carrier, calculate your damages, and employ tried-and-true legal tactics during settlement discussions and potential litigation negotiations.

Find Legal Counsel Now

Pedestrian Accident

Experiencing any type of personal injury in Southern California can very easily cause a dire financial situation for the plaintiff and their family. If you have suffered injuries in a pedestrian accident that someone else caused, it is essential to take legal action as soon as possible before your damages cause further economic difficulties for you and your family. Perry Law can provide the comprehensive legal counsel you need after experiencing a pedestrian accident in Southern California. If you are ready to discuss your claim with a reliable and experienced California pedestrian accident lawyer, contact Perry Law today and schedule a consultation with our team.

Practice Areas

  • Truck accidents

  • Motorcycle accidents

  • Uber/Lyft accidents

  • Pedestrian accidents

  • Wrongful Death

  • Brain Injuries

  • Complex Spinal
    Injury cases

  • Scooter Accidents