If you’ve been involved in an accident contact the California pedestrian accident lawyers of Bisnar Chase for a no-fee consultation. We know you have questions. Let our team help cut through the red tape and get you the compensation you deserve. Call 949-203-3814 for immediate assistance.
Over $900M recovered with a 99% success rate.
California Pedestrian Accident Attorney
Why Should You Hire a California Pedestrian Accident Lawyer
Suppose you have been involved in a pedestrian accident. In that case, it is essential to hire an experienced California personal injury lawyer who can help you obtain the justice and compensation that you deserve.
Our pedestrian accident lawyers know how to navigate complex legal proceedings, provide knowledgeable guidance on your case, and fight for your rights throughout the process.
On average, hiring an injury attorney can result in 30% more compensation, often times much more.
If you hire an attorney for a pedestrian accident, they can provide several critical services to help you navigate the legal process and maximize your compensation.
- Investigating the Accident
- Handling Insurance Companies
- Valuing Your Claim
- Filing a Lawsuit
- Going to court or trial
- Financial negotiations
- Ensuring Compliance with Legal Deadlines
- Providing Legal Advice and Support
- Contingency Fee Basis
Most personal injury lawyers, including those handling pedestrian accident cases, work on a contingency fee basis. They only get paid if you win your case, taking a percentage of the settlement or verdict.
With over 46 years of experience representing injured clients in court and negotiating settlements out-of-court, hiring our qualified attorney gives victims peace of mind, knowing that every aspect of their case has been handled professionally from start to finish.
Do Pedestrians Always Have the Right of Way in California?
Pedestrians in California do not always have the right of way, although they generally do under specific circumstances.
General Right-of-Way Rules
Crosswalks: Drivers must yield to pedestrians crossing the roadway within any marked crosswalk or any unmarked crosswalk at an intersection. California Vehicle Code 21950(a) requires this.
Due Care: California law stipulates that drivers must exercise due care to avoid collisions, even if a pedestrian is outside a crosswalk. This includes slowing down or stopping if necessary.
What is the Statute of Limitations on Pedestrian Accidents in California?
In California, the tolling time for injury cases is two years. It’s essential to file your personal injury claim before that time expires or you will lose the right to. There are a few exceptions, like using the date of when you discovered the injury, but generally, you will need to stay within the two-year period.
What If I was Jaywalking When I Was Hit?
Under California’s comparative negligence law, you can still recover damages if you were jaywalking, but your share of the fault would reduce your compensation. Depending on how much fault you are responsible for, you could receive 50% less.
Pedestrian Accident Statistics
It is dangerous to be a pedestrian in California. According to the California Department of Motor Vehicles (DMV), pedestrians account for about 19 percent of all traffic fatalities.
Pedestrian accidents can result in catastrophic injuries. Pedestrians are usually unprotected unlike occupants of motor vehicles that are equipped with seatbelts and airbags. In addition, the impact of a large and heavy vehicle can be significant and can result in severe trauma.
According to the California Highway Patrol, 622 people were killed, and 12,023 were injured in California pedestrian accidents in one year alone. That means that nearly two people are killed, and 33 people are injured in pedestrian accidents daily. Many of them were hit and run accidents.
High Fatality Rate: California’s pedestrian fatality rate remains almost 25% higher than the national average. No state has more pedestrian deaths on its roadways than California.
Recent Data: In the first half of 2023, California reported 498 pedestrian deaths, the highest among all states. This represented a decrease of 66 fatalities compared to the same period in 2022.
Urban Areas: Several California metropolitan areas are among the most dangerous for pedestrians. Bakersfield, Fresno, the Inland Empire, Stockton, and Sacramento/Roseville/Folsom have exceptionally high fatality rates.
John Bisnar, California pedestrian accident attorney, often talks about dealing with insurance companies and how adjusters may limit your claim. Always consult with your attorney before you discuss your case with insurance companies. It’s their goal to save money, not maximize accident claims.
California Pedestrian Laws
California has several right-of-way laws that apply to pedestrians. These laws exist to protect vulnerable pedestrians. A number of pedestrian versus vehicle collisions in California occur because motorists fail to follow these laws.
- Drivers must stop and yield the right-of-way to pedestrians who are crossing in marked or unmarked crosswalks or at intersections.
- Motorists should wait when other vehicles are stopped at a crosswalk. Vehicles that are stopped may be letting pedestrians cross.
- Motorists must never drive on sidewalks that are designated as safe routes for pedestrians.
- Motorists must also stop and yield the right-of-way to pedestrians and other vehicles especially when pulling out parking lots or driveways.
- Motorists must allow older, younger, and disabled pedestrians ample time to cross the road.
- Even when a pedestrian is walking outside a crosswalk, a motorist is expected to exercise due caution.
Pedestrians for their part should do the right thing by following the rules of the road and walking only in crosswalks, sidewalks and other areas designated for pedestrians.
All pedestrians would be well advised to wear bright clothing at night, only walk where there is adequate street lighting, stay on the sidewalk, make eye contact with drivers before crossing the roadway and steer clear of distractions, such as talking on the cell phone or texting.
Walking while impaired can also have serious consequences for pedestrians just as driving under the influence for motorists.
To see if you have a case for your injuries, contact our California pedestrian accident attorneys for a free and comprehensive case evaluation. There is no cost if we don’t win your case.
Who is Liable in a California Pedestrian Accident?
In California, when a pedestrian is injured in an accident involving another motorist or any other person, the individual who caused the injury may be held liable for damages.
This can be;
- a motor vehicle driver
- a property owner if it contributed to the accident
- a government entity if it’s a dangerous roadway
- the pedestrian if they contributed to or caused the accident and were negligent.
Liability can attach to either party—the driver of a vehicle that strikes someone walking on foot or even the property owner if negligence played a role in causing the incident.
There can also be shared negligence if both parties caused the accident and this can result in receiving less compensation in your case.
When assessing liability after an accident occurs between two parties—such as car vs pedestrian–it’s important to determine what kind of negligent actions might have occurred, including failure to stop at designated crosswalks and/or running red lights by motorists.
Ultimately, each situation will depend upon its own set circumstances so consulting with an experienced pedestrian accident lawyer in California following the accident is recommended for the most effective results for seeking compensation.
Steps to Take After a Pedestrian Accident
If you have been injured in a California pedestrian accident, it is important that you remain at the scene of the crash site and call the police.
Take down the driver’s contact information and anyone who may have witnessed the accident.
If you have a smartphone or camera with you, take photos of the vehicle, the site of the crash, and your injuries.
It is also important to discuss what happened with the police and to seek out immediate medical attention. Getting medical attention right away will maximize the chances of your recovery and also provide a record when you file your injury claim.
One of the top reasons you may lose your personal injury case is not following medical advice or not attending doctor’s appointments. The key to any successful personal injury claim is proving injury.
If you can prove that you suffered a loss and that the injury was a direct result of the driver’s negligence, then, financial compensation may be available for your losses.
Check local businesses for surveillance footage that can help prove who was at fault for your accident.
Do not share your personal life on social media. Insurance companies train their adjusters to find all the social media profiles of plaintiffs to see if they can disprove your claim by finding you involved in activities. Even a minor activity that doesn’t seem like a big deal to you could be used against you.
In a number of pedestrian accident cases, a dangerous or defective roadway may also cause or contribute to the incidents. In such cases, the city or governmental agency responsible for maintaining the roadway can be held accountable for the victim’s injuries.
Any personal injury claim against a public entity must be filed within six months of the incident, according to California Government Code Section 911.2.
What is Covered for My Pedestrian Accident Injury Claim?
A successful personal injury claim can result in financial compensation for all of the victim’s losses, including;
- medical bills
- lost wages
- loss of earning potential
- pain and suffering
- the cost of surgery, hospitalization, rehabilitation, permanent injuries, and other related damages
What is the Average Settlement Amount for a Pedestrian Accident in California?
The average settlement for a pedestrian accident injury in California can range from a few thousand to 7 figures or more, depending on the severity of the injury. Depending on all factors involved, an individual could receive anywhere between thousands or millions of dollars for their claim.
It is important to note that each case and its outcome are completely unique given there may have been contributory negligence present and will depend heavily upon liability being established by those injured as part of their legal proceedings.
A highly experienced California pedestrian accident lawyer will be able to put someone’s best foot forward when it comes to settling after an accident while also fighting hard against any defense tactics used by insurance companies during negotiations.
Pedestrian Accident Wrongful Death Claim
If your loved one has been killed in a California pedestrian accident, it may be possible to hold the at-fault party accountable for your loss with a wrongful death claim.
If the driver is cited or arrested in connection with the crash, it will bolster your claim, but he or she does not have to face charges to be held civilly accountable for the crash.
A wrongful death claim seeks compensation from at-fault parties for damages such as medical expenses, funeral costs, lost future income, and loss of love and companionship.
To find out if you are entitled to compensation, discuss your injury case with our pedestrian accident lawyers in California. We have taken on some of the toughest cases with winning results & may be able to help you too.
Common Injuries From a Pedestrian Accident
- Broken bones and fractures
- Head injuries
- Back injuries
- Internal injuries
- Severe facial trauma
- Soft tissue damage
- Musculoskeletal injuries
- Chest and abdominal injuries
- Spinal cord injuries
The severity of these injuries can vary greatly depending on factors such as the vehicle’s speed, the angle of impact, and the part of the body that first comes into contact with the car.
Common Causes of Pedestrian Accidents
Pedestrian accident injuries occur all too often in the United States. Common causes of these collisions include walking on or near roads without sidewalks, crossing outside designated crosswalks, and jaywalking when they are not visible to drivers because of large vehicles blocking their view.
Impaired driving due to alcohol consumption is another common cause, as it slows reaction times and increases risk-taking behavior while behind the wheel.
Pedestrians wearing dark clothing at night also create a hazard for themselves since visibility decreases.
Distracted pedestrians who look down at devices such as phones may unintentionally step into traffic lanes with little warning before getting hit by an approaching vehicle.
Drivers failing to yield right-of-way or speeding can lead to catastrophic injuries for those on foot attempting to safely cross streets or intersections where motorized transportation has priority access over walkers’ rights.
Call our top-rated California pedestrian accident lawyers for a free, confidential consultation if you’ve been hurt. There is no fee if we don’t win your case.
Examples of Driver Negligence
There are many forms of driver negligence and wrongdoing that can result in a serious injury or wrongful death. A driver can be held accountable for a crash if he or she was:
- Exceeding the speed limit or traveling at a speed unsafe for the roadway conditions.
- Driving while fatigued or sleepy.
- Operating a vehicle while sending a text, checking email, answering the phone, playing with an electronic device or looking away from the roadway distractedly.
- Under the influence of drugs or alcohol.
- Behaving recklessly such as street racing, weaving through traffic or running through intersections, parking lots and crosswalks.
Holding an at-fault driver accountable for a California pedestrian accident is not always easy. Victims and their families often need assistance from investigators, police officers, medical professionals, and eyewitnesses.
However, injury claims and civil litigation is often the only ways to receive fair compensation following a serious or fatal crash.
In the video below, Virginia Tech is working with a company to make it safer for pedestrians by designing a technology warning system to cut down on accidents.
Contact Our California Pedestrian Accident Lawyers
If you’ve been injured, contact our California pedestrian injury lawyers for a free consultation. We can discuss your case and the right to compensation.
Our law firm will evaluate the evidence in your case and review your medical records to establish a plan for top financial compensation. Whether it’s a motor vehicle accident or another injury, we have the resources and expertise to win tough cases.
We’ve helped thousands recover financially, winning hundreds of millions with a 99% success rate. Call 1-800-561-4887 for a free legal case review.
- Over $900M won
- 99% success rate
- Familiar with all California courts
- 46 years serving injured plaintiffs
- 5 locations to serve Californians
