California Pedestrian Accident Attorneys
Walking should not be a dangerous endeavor, but when drivers are careless or distracted, pedestrians become extremely vulnerable. When a vehicle strikes a person on foot, even at relatively low speeds, the consequences are often severe.
Why You Need an Attorney After a Pedestrian Accident
Pedestrian accident claims often involve detailed questions regarding right-of-way, visibility issues, driver attentiveness, and the reconstruction of how a collision occurred. At Oaken Injury Law, these cases are approached with a clear understanding and thoughtful consideration of both the legal and practical issues involved.
California laws provide protection for pedestrians in traffic situations. You’ll want to hire an attorney who understands the California Vehicle Code and the expectations of responsibilities shared between both drivers and pedestrians.
Hiring an attorney who understands how pedestrian claims are investigated, evaluated, and defended by insurance carriers is critical.
Insurance companies may attempt to shift blame onto injured pedestrians, so it’s important to hire an attorney who understands how to advocate for clients by anticipating the defendant’s arguments. The experienced attorneys at Oaken Injury Law have valuable insight into how claims can be most effectively presented on behalf of injured pedestrians.
When a pedestrian is struck by a vehicle, careful investigation can be critical to showing how and why the collision occurred.
Common Locations and Causes of Pedestrian Accidents Across California
Pedestrian accidents frequently occur in crosswalks, sidewalks, intersections, parking lots, residential neighborhoods, and other areas where drivers and pedestrians share space.
Although pedestrian accidents can occur in a variety of settings, many of them share common underlying causes. Drivers have a responsibility to remain attentive and operate their vehicles safely, particularly in areas where pedestrians are likely to be present. When that responsibility is not met, serious injuries can occur.
Below are the most common causes of pedestrian accidents:
Failure to yield: Drivers must yield at a crosswalk and often pedestrians are struck when drivers attempt to turn through an intersection without noticing someone already crossing the street.
Distracted driving: Texting, eating, or turning attention away from the road can easily cause an accident. If a driver is not watching the road it’s easier for pedestrians to not be missed.
Backing collisions: Although backup cameras and sensors are helpful tools, accidents are still common in parking lots and in residential driveways. If a driver has limited visibility or is rushing they may not see the pedestrian behind them until it is too late.
Speeding in residential areas: Higher vehicle speeds increase both the likelihood of a crash and the severity of the injuries that result. In neighborhoods and urban areas where pedestrians are common, excessive speed can dramatically reduce the amount of time a driver has to react.
Poor nighttime visibility: Drivers may have difficulty seeing pedestrians crossing the street, particularly in areas with limited lighting. Dark clothing, glare from headlights, and other visibility factors can make pedestrians harder to detect.
Impaired driving: It’s against the law to operate a vehicle under the influence of drugs or alcohol. If a driver is impaired it can slow their reaction times and decrease awareness of their surroundings which can result in an accident.
Common Injuries from Pedestrian Accidents
Because pedestrians have zero physical protection, injuries resulting from car accidents often require expensive medical treatment and long recovery periods.
The most common injuries in pedestrian accidents are:
Traumatic brain injuries: Head trauma may occur when the pedestrian is struck by the vehicle, thrown onto the roadway, or collided with the vehicle’s hood or windshield. Brain injuries can result in memory loss, difficulty concentrating, personality changes, and challenges returning to work or performing everyday responsibilities.
Spinal injuries: Damage to the spinal cord or surrounding structures can lead to chronic pain, nerve damage, loss of mobility, or in severe cases, partial or complete paralysis. These injuries may significantly affect a person’s independence and often require long-term rehabilitation or assistive care.
Fractures and orthopedic injuries: Most common areas include damage to a pedestrian's legs, hips, arms, and ribs. Lower body impact from vehicle bumpers can also cause fractures to the tibia, femur, and pelvis. These injuries may require surgery, physical therapy, and extended recovery periods that limit a person’s ability to work or perform daily activities.
Internal injuries: The force of a collision may cause internal injuries such as internal bleeding or ruptured organs. These injuries may not always be immediately visible but can quickly become life-threatening if not properly diagnosed and treated.
In many cases, the injuries from a pedestrian accident are accompanied by long-term complications such as chronic pain, reduced mobility, and the need for ongoing medical treatment or rehabilitation.
Understanding the full extent of these injuries is an important part of evaluating a pedestrian accident claim, as the long-term medical and financial consequences can be substantial.
Steps to Take After a Pedestrian Accident in California
Below are 5 steps to take after a pedestrian accident:
- Seek medical care as soon as possible, even if the injury feels minor. It will provide relief knowing there are no life-threatening injuries and will create a documented record to provide evidence supporting that you were injured.
- Safely document the accident scene. Take photographs and videos of those involved and of the surrounding area.
- Witnesses and dashcams can play an important role in determining how the accident happened. Take a moment to obtain witnesses' names and contact information.
- Avoid discussing the accident. It’s important to stay off of social media and to not overdisclose any information to insurance adjusters without speaking with an attorney first. Too much information shared could have negative impacts on your case.
- Hire an attorney. Call an attorney to discuss the pedestrian accident and discuss your options. They’ll help explain your rights, evaluate if you have a case, and discuss your options.
The goal is not perfection. It is preserving what the scene looked like before it is cleared.
Video evidence can be extremely valuable in showing exactly how the collision occurred. Dashcam footage can be extremely helpful, and you have the right to ask for a copy of the video footage from vehicles involved in the accident and even cars parked nearby that may have captured the accident on video. Inform law enforcement of dashcams so they can include it in their report as well. If a dashcam is involved, that footage should be preserved as quickly as possible to prevent it from disappearing.
Compensation for a Pedestrian Accident in California
Individuals injured in pedestrian accidents may be entitled to compensation for a range of losses resulting from the collision. Depending on the circumstances, this may include:
Medical expenses
This includes medical expenses resulting from the pedestrian accident.
Future medical care
This includes treatment needs that may continue after the initial period of care.
Lost income
This includes income lost because the injury prevents the injured person from working.
Reduced earning capacity
This includes the long-term effect an injury may have on a person’s ability to earn income in the future.
Compensation for pain and suffering
This includes the broader impact the injury has on the person’s health, daily life, and quality of life.
Evaluating the full value of a claim often requires careful analysis of medical records, treatment needs, and the long-term impact the injury may have on a person’s quality of life.
Speak with an Experienced Pedestrian Accident Attorney Today
Pedestrian accidents often involve serious injuries and complex questions about how and why the collision occurred. Determining responsibility may require reviewing police reports, witness statements, medical records, and other evidence related to the accident.
In addition to understanding the legal issues involved, it is important to evaluate the full impact that an injury may have on a person’s health, work, and daily life. Medical treatment, rehabilitation, and time away from work can create significant challenges for injured individuals and their families.
If you or a family member has been injured in a pedestrian accident, speaking with an attorney can help clarify the legal issues involved and determine what options may be available. A careful review of the accident circumstances and available evidence can help identify responsible parties and evaluate the potential value of a claim.
The attorneys at Oaken Injury Law represent individuals who have been injured in pedestrian collisions throughout California and are prepared to help our clients navigate the legal process following a serious accident.
