Need a Lawyer for a Pedestrian Accident? Protecting Your Rights and Seeking Justice

Walking should be a safe and enjoyable activity, but in busy areas, especially those congested like Southern California, it can become surprisingly dangerous. Every day, pedestrians face the risk of accidents involving cars, trucks, and buses, often due to distracted, rushed, or fatigued drivers. If you’ve been injured in such an incident, understanding your rights and seeking legal help is crucial. A Lawyer Pedestrian Accident specialist can be your strongest advocate in navigating the complex legal landscape and securing the compensation you deserve.

A Vehicle Hit Me While Walking, What Should I Do

What Steps Should I Take Immediately After a Pedestrian Accident?

Being struck by a vehicle while walking is a traumatic experience. The immediate aftermath can be confusing and painful. Knowing the right steps to take can not only protect your health but also strengthen any potential legal claim. If you are capable, here’s what you should do:

Call for Emergency Help: Your health is the priority. Immediately call 911 or ask someone nearby to do so. Emergency responders can provide crucial medical assistance and police can document the scene.
Prioritize Safety and Minimize Movement: If possible, try to remain still, especially if you suspect neck or back injuries. Unnecessary movement can worsen existing injuries.
Demand Immediate Medical Attention: Insist on an ambulance and transport to the nearest hospital. Even if you don’t feel immediate pain, internal injuries might not be apparent right away. A thorough medical evaluation is essential.
Collect Information at the Scene (If Possible and Safe): If you are able to and it is safe, gather vital information. This includes the driver’s name, license plate number, and insurance details. Also, collect contact information from any witnesses who saw the accident.
Document the Scene: Use your phone to take photos of the accident scene, including road conditions, vehicle damage, your injuries, and any contributing factors.
Avoid Admitting Fault: In the immediate shock, it’s easy to say things that could be misconstrued as admitting fault. Stick to the facts and avoid speculation.
Be Cautious with Official Statements: When speaking with the police officer, only state the facts you are certain about. Do not guess or speculate about what happened.
Refuse Insurance Statements: Politely decline to give any statements to insurance adjusters at the scene or soon after. Insurance companies are not on your side, and anything you say can be used against you.
Seek Expert Legal Counsel: The most important step is to contact an experienced pedestrian accident lawyer. A lawyer will protect your rights and guide you through the complex legal process.

Following these steps can help you navigate the initial chaos after a pedestrian accident and lay the groundwork for a potential personal injury claim. Remember, consulting with a lawyer pedestrian accident expert as soon as possible is vital to protecting your interests.

What Common Factors Contribute to Pedestrian Accidents?

Understanding the common causes of pedestrian accidents can highlight the dangers pedestrians face daily. Many accidents are preventable and stem from driver negligence or hazardous conditions. Some frequent scenarios include:

Driver Inattentiveness: Careless drivers who fail to scan roadways properly for pedestrians are a major cause. This includes drivers simply not paying attention or failing to check crosswalks and intersections.
Distracted Driving: The rise of smartphone use has dramatically increased distracted driving. Texting, using apps, eating, or engaging in other non-driving activities divert a driver’s attention and reaction time, making pedestrian collisions more likely.
Driver Fatigue: Drowsy or fatigued drivers, particularly those operating large vehicles like buses and commercial trucks, pose a significant risk. Fatigue impairs judgment and slows reaction times.
Speeding: Excessive speed reduces a driver’s ability to react and stop in time to avoid a pedestrian. Speeding is a factor in many serious and fatal pedestrian accidents.
Traffic Law Violations: Drivers running stop signs or red lights, especially when making turns, frequently hit pedestrians in crosswalks. Failing to yield the right-of-way is a common infraction leading to these accidents.
Wide Turns by Trucks: Large trucks making turns, especially right turns, can have wide turning radiuses and may encroach into pedestrian areas or sidewalks if not carefully executed.
Impaired Driving: Driving under the influence of alcohol or drugs severely impairs judgment, coordination, and reaction time, dramatically increasing the risk of pedestrian accidents.
Roadway Design and Maintenance Issues: Defective road design, poor maintenance, or inadequate repairs can create hazardous conditions for pedestrians. This includes poorly designed intersections, potholes, and uneven sidewalks.
Insufficient Lighting: Poor or inadequate lighting, especially at night or in low-light conditions, reduces visibility for both drivers and pedestrians, increasing accident risk.
Lack of Signage and Crosswalks: The absence of clear signage or properly marked crosswalks can confuse both drivers and pedestrians, leading to dangerous situations.
Obscured Crosswalks: Hidden or obscured crosswalks, due to overgrown vegetation, parked cars, or poor placement, can make it difficult for drivers to see pedestrians crossing.

As a pedestrian, being aware of these common causes is crucial for staying safe. Always be vigilant, assume drivers may not see you, and take proactive steps to protect yourself. However, even with caution, accidents happen, and when they do, a lawyer pedestrian accident expert can help determine if negligence played a role and fight for your rights.

What Do Pedestrian Accident Statistics Reveal?

Pedestrian accident statistics paint a concerning picture of the dangers faced by those on foot. These numbers underscore the importance of pedestrian safety and the potential need for legal recourse after an accident. Alarmingly, pedestrian fatalities have surged by 77% between 2010 and 2021, highlighting a worsening trend. Looking at 2020 data:

National Impact: 6,565 pedestrians were killed in traffic accidents across the United States.
Los Angeles Area Crisis: In Los Angeles alone, 2,616 pedestrians were injured or killed by drivers.
Los Angeles County Toll: Los Angeles County saw a staggering 4,661 pedestrian casualties (injuries and fatalities) in traffic accidents.
San Diego County Concerns: San Diego County reported 979 pedestrian injuries or deaths from traffic collisions.
Orange County Risks: Orange County experienced 591 pedestrian pedestrian injuries or deaths in traffic crashes.

(Sources: OTS and GHSA)

These statistics are not just numbers; they represent real people and families affected by pedestrian accidents. The high rates of injuries and fatalities, particularly in urban areas like Los Angeles, emphasize the vulnerability of pedestrians and the critical need for experienced legal representation if you or a loved one becomes a victim. A lawyer pedestrian accident specialist understands these statistics and is dedicated to helping victims navigate the aftermath of such incidents.

What Serious Injuries Are Commonly Sustained in Pedestrian Accidents?

The disparity in size and protection between a vehicle and a pedestrian often leads to devastating injuries for the pedestrian in a collision. These injuries can have long-lasting physical, emotional, and financial consequences. Common serious injuries include:

Traumatic Brain Injuries (TBI): TBIs occur when the head is violently jolted or struck. These injuries can range from concussions to severe brain damage, impacting cognitive function, physical abilities, and emotional regulation.
Wrongful Death: Tragically, pedestrian accidents frequently result in fatalities. Wrongful death claims arise when an accident caused by negligence leads to the death of a pedestrian, allowing family members to seek compensation for their loss.
Nerve Damage and Injuries: Nerve damage, including conditions like radiculopathy, can cause chronic pain, numbness, weakness, and loss of function. These injuries can significantly impact quality of life.
Spinal Cord Injuries and Paralysis: Spinal cord injuries can lead to temporary or permanent paralysis, either partial or full. These are life-altering injuries requiring extensive and ongoing medical care and adaptations.
Post-Traumatic Stress Disorder (PTSD) and Mental Health Issues: The trauma of a pedestrian accident can cause significant psychological distress. PTSD, anxiety, depression, and other mental health issues are common and require professional treatment.
Bone Fractures: Broken bones, including fractures of the legs, arms, hips, and ribs, are frequent in pedestrian accidents due to the force of impact. These injuries require immobilization, surgery, and lengthy rehabilitation.
Internal Organ Damage: Impact from a vehicle can cause serious internal injuries, including damage to organs like the spleen, liver, kidneys, and lungs. Internal injuries are often life-threatening and require immediate medical intervention.
Crush Injuries: Being pinned under or crushed by a vehicle can cause severe crush injuries, leading to tissue damage, compartment syndrome, and potential amputation.
Tendon and Ligament Damage: Tears, sprains, and other damage to tendons and ligaments can result in chronic pain, instability, and limited mobility, requiring physical therapy and potentially surgery.
Lacerations and Abrasions: Cuts, scrapes, and road rash are common injuries in pedestrian accidents. While some may be minor, others can be deep, require stitches, and lead to scarring and infection.
Muscle Strains and Sprains: Muscle strains and sprains, while less severe than fractures, can still cause significant pain and ограничение mobility, hindering recovery and daily activities.

If you have suffered any of these injuries in a pedestrian accident, seeking immediate medical attention and consulting with a lawyer pedestrian accident expert is essential. A lawyer can help you understand the full extent of your injuries and ensure they are properly documented and accounted for in your claim.

What Can I Claim for Pedestrian Accident Case

What Types of Compensation Can I Claim in a Pedestrian Accident Case?

If you’ve been injured as a pedestrian due to someone else’s negligence, you are entitled to seek financial compensation for the damages you’ve suffered and will suffer in the future. The civil legal system aims to make you “whole” again, as much as possible, by covering both your economic and non-economic losses. A skilled lawyer pedestrian accident attorney will meticulously assess your damages and fight for maximum compensation. Damages typically fall into these categories:

Economic Damages: These are tangible, quantifiable financial losses you’ve incurred due to the accident.

Medical Expenses: This includes all past and future medical bills related to your injuries, such as hospital stays, surgeries, doctor visits, physical therapy, medications, and assistive devices.
Lost Income and Earning Capacity: You can claim lost wages for time missed from work due to your injuries, as well as diminished future earning capacity if your injuries prevent you from returning to your previous job or earning the same income.
Wrongful Death Losses: In cases of fatality, family members can claim compensation for loss of the deceased’s income, financial support, and future earnings.
Property Damage: If personal property like laptops, phones, or other items were damaged in the accident, you can claim their repair or replacement costs.
Out-of-Pocket Expenses: This category covers miscellaneous costs directly related to the accident, such as medication co-pays, transportation to medical appointments, and necessary home modifications.
Vocational Rehabilitation: If your injuries require retraining or education to return to work in a different capacity, these costs can be claimed.
Other Economic Losses: Any other provable financial losses directly resulting from the pedestrian accident can be included in your claim.

Non-Economic Damages: These are intangible losses related to the pain, suffering, and diminished quality of life caused by the accident.

Pain and Suffering: This is compensation for the physical pain and discomfort you have endured and will continue to experience due to your injuries.
Emotional Distress: You can claim for emotional trauma, anxiety, depression, PTSD, and other psychological impacts of the accident.
Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, and aspects of life you previously enjoyed, you can claim for this loss.
Wrongful Death – Loss of Intangibles: In wrongful death cases, family members can claim for the loss of companionship, love, support, and guidance from the deceased.
Loss of Consortium: Spouses of injured victims can claim for loss of consortium, which encompasses the loss of intimacy, companionship, and spousal support.
Other Non-Economic Losses: Any other non-monetary losses stemming from the pedestrian accident injuries can be considered.

To maximize your compensation, it’s crucial to work with a lawyer pedestrian accident expert who understands how to document and prove both your economic and non-economic damages effectively. They will gather evidence, work with experts, and build a strong case to ensure you receive the full compensation you deserve.

What if I Lack Health Insurance and Can’t Afford Medical Treatment?

Concerns about medical bills should not prevent you from seeking necessary medical care after a pedestrian accident. Many people worry about the cost of treatment, especially if they lack health insurance. Reputable personal injury law firms, including those specializing in lawyer pedestrian accident cases, often have solutions.

Many firms work with doctors, specialists, and medical facilities that provide treatment on a “lien basis.” This means you receive the medical care you need immediately, and the providers agree to wait for payment until your pedestrian accident case is settled. Payment is then made directly from the settlement proceeds. This arrangement ensures you get the necessary medical attention without upfront costs.

Furthermore, experienced legal teams often have staff who can assist you in exploring options for free or low-cost health coverage, such as Medi-Cal, Medi-Care, or other programs. Their goal is to remove financial barriers to your recovery, ensuring your health is prioritized. Remember, medical expenses are a significant part of your claim, and ultimately, it is the at-fault party’s insurance that will be responsible for covering these costs. Consult with a lawyer pedestrian accident expert to understand your options and access necessary medical care regardless of your insurance status.

Who Could Be Held Liable in My Pedestrian Accident Case?

Determining all potentially liable parties is a crucial step in maximizing your compensation after a pedestrian accident. Often, responsibility extends beyond just the driver who directly hit you. A thorough investigation by a skilled lawyer pedestrian accident attorney will explore all possible avenues of liability. Potentially at-fault parties can include:

The Negligent Driver: The most obvious party is the driver of the vehicle who caused the accident through negligence, such as distracted driving, speeding, or violating traffic laws.
The Driver’s Employer: If the driver was working at the time of the accident (e.g., driving a company car, delivery truck, or bus), their employer may also be held liable under the legal doctrine of “respondeat superior” (vicarious liability).
Public Entities: If a government-owned vehicle or employee was involved, or if the accident was caused by dangerous road conditions, a public entity (city, county, or state) may be liable. This could involve cases where a public bus driver is at fault or where road design contributed to the accident.
Entities Responsible for Roadway Design and Maintenance: Public entities can also be liable for accidents caused by defective roadway design, inadequate maintenance, or failure to repair known hazards. This includes issues like poorly designed intersections, obscured signage, or potholes.
Entities Aware of Dangerous Road Conditions: If a public entity is aware of a particularly dangerous road or intersection with a history of accidents and fails to take corrective action to improve safety, they could be held accountable.
Third Parties: In some cases, third parties may contribute to pedestrian accidents. For example, construction companies may be liable if their worksites create dangerous conditions for pedestrians, such as inadequate warnings or blocked sidewalks.

Identifying all potential parties requires detailed investigation. A seasoned lawyer pedestrian accident will conduct a comprehensive inquiry, gathering evidence, reviewing police reports, and possibly reconstructing the accident to uncover all sources of liability. This thorough approach is essential to ensure you have the best chance of recovering full compensation from all responsible parties.

How Does a Lawyer Prove Fault in a Pedestrian Accident?

Proving fault is central to winning a pedestrian accident case. Experienced lawyer pedestrian accident attorneys are adept at building strong cases to demonstrate negligence and liability. This involves a multifaceted approach:

Immediate Investigation: Prompt investigation is crucial. Lawyers will initiate immediate fact-finding, which includes visiting the accident scene, documenting conditions, and looking for potential evidence.
Witness Identification and Interviews: Locating and interviewing witnesses who saw the accident is vital. Witness testimonies can provide crucial accounts of what happened and support your claim.
Evidence Collection: Gathering all available evidence is key. This includes police reports, accident scene photos, vehicle damage assessments, medical records, and any available video footage from traffic cameras or nearby businesses.
Accident Reconstruction: In complex cases, accident reconstruction experts may be employed to analyze the evidence and recreate the sequence of events leading to the accident. This can help demonstrate how the accident occurred and who was at fault.
Database Research: Lawyers may utilize databases to research accident patterns at the specific location where you were injured. This can reveal if there is a history of accidents due to roadway design flaws or other recurring issues, strengthening claims against public entities if applicable.
Legal Strategy Development: Based on the gathered evidence and investigation, a lawyer pedestrian accident will develop a winning legal strategy tailored to your specific case. This strategy will aim to demonstrate negligence on the part of the at-fault party and maximize your compensation.
Discovery and Depositions: If a lawsuit is necessary, lawyers use legal tools like discovery (requesting documents and information) and depositions (sworn testimonies under oath) to uncover further evidence and expose wrongdoing by the at-fault party.
Expert Testimony: Medical experts and other specialists may be called upon to testify about your injuries, medical needs, and the long-term impact of the accident. This is crucial for proving the extent of your damages.
Negotiation and Litigation: Lawyers will attempt to negotiate a fair settlement with the insurance companies or at-fault parties. If a settlement cannot be reached, they will be prepared to litigate your case in court, utilizing their trial skills and experience to advocate for your rights before a judge and jury.

By employing these comprehensive methods, a skilled lawyer pedestrian accident can effectively prove fault, build a compelling case, and fight for the justice and compensation you deserve.

What if I Was Partially Responsible for the Pedestrian Accident?

California’s comparative fault law is beneficial for injured pedestrians. Even if you were partially at fault for the accident, you can still recover compensation. California operates under a “pure comparative negligence” system. This means you can recover damages even if you were up to 99% at fault. However, your compensation will be reduced by your percentage of fault.

For example, if your total damages are assessed at $100,000, and it’s determined you were 20% at fault for the accident, you would still be able to recover $80,000 (80% of the total damages). Insurance companies may attempt to exaggerate your level of fault to reduce their payout. Therefore, having a lawyer pedestrian accident attorney is crucial to protect your rights and ensure fault is fairly assessed. Your lawyer will argue against inflated fault percentages and fight to maximize your recovery, even if you bear some responsibility for the accident.

What Are the Time Limits for Filing a Pedestrian Accident Lawsuit?

Understanding deadlines is critical in pedestrian accident cases. There are legal time limits, known as statutes of limitations, that dictate how long you have to file a lawsuit. Generally, in California, the statute of limitations for personal injury lawsuits, including pedestrian accidents, is two years from the date of the accident. This means you typically have two years from the date of your pedestrian accident to file a lawsuit in court.

However, there are exceptions and complexities. If your claim involves a public entity (e.g., a city bus accident or a claim against the city for a dangerous road condition), the deadlines are much shorter and more stringent. In cases involving public entities, you are usually required to file a Government Claim Form within six (6) months of the accident. Failing to meet this deadline can result in your claim being barred. After filing the claim, there are further deadlines and procedural requirements that must be strictly adhered to.

Due to these varying deadlines and complexities, it is imperative to seek legal advice from a lawyer pedestrian accident as soon as possible after an accident. An attorney can assess the specific circumstances of your case, determine the applicable deadlines, and ensure all necessary filings are made within the required timeframes to protect your right to seek compensation. Missing deadlines can be detrimental to your case, so prompt legal action is essential.

How Long Does a Pedestrian Accident Lawsuit Typically Take?

The duration of a pedestrian accident lawsuit can vary depending on several factors, but understanding the general timeline can help you prepare for the process. After filing a lawsuit, courts in California typically set a trial date approximately 12 to 18 months into the future. This trial date often serves as a benchmark for the overall timeframe of your case.

However, it’s important to note that the trial date is not necessarily the end date. In some instances, the trial date may be postponed, especially if you are still undergoing medical treatment or if there are significant complexities in the case. Furthermore, many pedestrian accident cases are resolved through settlement negotiations well before the scheduled trial date. Settlement can occur at any stage of the litigation process.

Before reaching a trial, or settlement, a pedestrian accident lawsuit typically progresses through several phases:

Written Discovery: This phase involves exchanging written questions (interrogatories) and document requests between parties to gather information and evidence.
Depositions: Depositions are sworn testimonies taken outside of court, where lawyers question parties and witnesses under oath.
Expert Witness Phase: Experts, such as medical professionals or accident reconstructionists, may be consulted and their reports and testimonies prepared.
Settlement Negotiations: Throughout the process, settlement negotiations may occur between the parties in an attempt to resolve the case without going to trial.
Trial Preparation and Trial: If settlement is not reached, the case proceeds to trial. This involves extensive trial preparation, and if necessary, presenting your case before a judge or jury.

While a trial date may be set 12-18 months out, the actual time to resolution can vary. A lawyer pedestrian accident can provide you with a more realistic estimate based on the specifics of your case and will work diligently to resolve your case as efficiently as possible, whether through settlement or trial.

What Help Is Available if I’m Unable to Work Due to My Injuries?

Being unable to work after a pedestrian accident can create significant financial strain. Fortunately, there are resources available to help you cope with lost income while your case is pending. Many personal injury law firms understand this hardship and have established relationships with lending companies that provide financial assistance.

Some lending companies specialize in providing loans secured by your pending personal injury lawsuit. These loans are typically repaid from the proceeds of your settlement or jury verdict. This can provide you with immediate financial relief to cover living expenses while you are unable to work. Lost income is a recoverable damage in your pedestrian accident claim, meaning the at-fault party is ultimately responsible for compensating you for your lost wages.

In certain circumstances, some law firms may also be able to provide a financial advance on the anticipated proceeds of your case. This advance can help you bridge the gap while you are out of work and awaiting settlement. A lawyer pedestrian accident can discuss these options with you and help you access financial resources to alleviate financial stress during your recovery and legal process.

What if I Don’t Speak English Comfortably?

Language barriers should not hinder your access to justice after a pedestrian accident. Reputable law firms are committed to serving diverse communities and ensuring effective communication with all clients, regardless of their English proficiency. If you are not fluent in English or are more comfortable communicating in another language, experienced law firms offer solutions.

Many firms employ licensed interpreters who are proficient in various languages and dialects. These interpreters can assist you throughout the legal process, including consultations, depositions, and trial proceedings. They ensure accurate and clear communication between you and your legal team, eliminating language barriers and ensuring you fully understand every aspect of your case. Do not hesitate to seek legal help due to language concerns. A qualified lawyer pedestrian accident will provide language assistance to ensure you are comfortable and well-represented.

Can I Still Pursue a Claim if I Am Undocumented?

Your immigration status is irrelevant to your right to seek compensation after a pedestrian accident in California. California law protects the rights of all injured individuals, regardless of immigration status. The at-fault party and their insurance company cannot use your immigration status against you in a civil lawsuit, including a pedestrian accident claim. Courts have firmly established that immigration status is not relevant to the issue of liability or damages in a personal injury case.

However, some at-fault parties or insurance companies may attempt to use your immigration status to intimidate you or discourage you from pursuing a claim. This is illegal and unethical. Having a strong lawyer pedestrian accident on your side is crucial to protect you from such tactics. Your lawyer will forcefully object to any attempts to bring up your immigration status and will file motions if necessary to prevent intimidation and ensure your rights are upheld. You have the same rights as anyone else to seek justice and compensation for your injuries, regardless of your immigration status.

Why Choose The Dominguez Firm for My Pedestrian Accident Case?

Choosing the right legal representation is a critical decision after a pedestrian accident. The Dominguez Firm stands out as a premier choice for pedestrian accident victims for numerous compelling reasons. Their client-first approach is built upon core values of individual dignity, excellence, and dedicated service.

The firm boasts award-winning lawyer pedestrian accident specialists who are not only highly skilled attorneys but also part of a larger, collaborative team of lawyers and meticulous support staff. With over 35 years of experience, The Dominguez Firm has achieved an exceptional 96%* success rate and recovered over $1 Billion* for their clients. This unparalleled track record speaks volumes about their expertise, dedication, and ability to secure favorable outcomes.

Their team’s extensive experience covers every facet of pedestrian accident cases. They possess formidable trial lawyers and trial teams with proven success, including a $29 million verdict and numerous settlements exceeding $10 million. They emphasize teamwork, keeping clients informed, answering questions, and involving them in key case decisions. Their unwavering priority is to help clients recover from their injuries by holding all responsible parties accountable.

The Dominguez Firm offers a free, no-obligation consultation 24/7 at 800-818-1818. There are no upfront fees, and you only pay if they recover compensation for you. If you need a lawyer pedestrian accident, The Dominguez Firm provides the experience, resources, and commitment to fight for your rights and get you the compensation you deserve.