Do I have a case for my pedestrian accident injury?

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Tustin Pedestrian Accident Lawyer

If you have suffered an injury in a Tustin pedestrian accident, you may be able to pursue financial compensation for your losses. For your claim to be successful, you will have to prove exactly how the accident happened.

  • Were you legally crossing the road at the time of the crash?
  • Were you in a crosswalk or at an intersection?
  • Did the driver strike you while committing a traffic violation?

The answers to these types of questions will likely affect the outcome of your claim. A skilled Tustin pedestrian accident lawyer can help you obtain fair compensation for your losses and help hold the at-fault party accountable.

Proving Liability in Pedestrian Accident Cases

Investigators assigned to your accident will carefully look at when and where the accident took place. Questions that they will try to answer include:

  • Were you in a crosswalk or at an intersection at the time of the collision? Under California Vehicle Code section 21950: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection."
  • Did you have the right of way? Pedestrians are required to cross only in designated areas. However, drivers have the responsibility to exercise due care and caution especially in areas where there are pedestrians. For example, a driver who strikes a pedestrian while exceeding the posted speed limit could be held liable for the accident even if the pedestrian was walking outside of a marked crosswalk.

Under California Vehicle Code 21954: "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard."

  • Why was the driver unable to avoid the collision? Unless you were running quickly across traffic, it is reasonable to assume that an alert and defensive driver should have been able to avoid the collision. Therefore, it must be determined why the accident occurred. Was the driver looking at a phone or driving otherwise distractedly? Was the driver speeding? Was the driver under the influence or behaving recklessly?
  • Did the driver commit a traffic violation? For example, did the driver run a red light? Did he or she run a stop sign or make an illegal or unsafe turn?
  • In some cases, a dangerous roadway or intersection may also cause or contribute to an injury pedestrian accident. In such cases, the city or governmental agency responsible for maintaining the roadway can also be held liable. Any personal injury claim against a governmental agency must be properly filed within six months of an incident.

Tustin Pedestrian Accident Attorneys

If you have been hurt in a pedestrian accident in Tustin you need a pedestrian accident lawyer with a long history of successfully winning cases.

The experienced Tustin pedestrian accident lawyers at our firm have a long and successful track record of protecting the rights of injured victims and their families. We can help victims claim compensation for damages including medical expenses, loss of wages, cost of hospitalization, rehabilitation and other related damages.

If you or a loved one has been injured in a pedestrian accident in Tustin, please contact us for a free consultation and comprehensive case evaluation.

call now for free help 949-203-3814

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