California Pedestrian Accident Lawyer

Were You Injured in a Pedestrian Accident?

Pedestrian accidents can lead to devastating physical, mental, and emotional injuries. These accidents not only affect the victim, but their family, friends, and community as well. It is only fair and just to hold the at-fault person accountable. Our experienced personal injury lawyers in California can help protect your rights during this difficult time.

If you or a loved one was injured while walking, running, or jogging in California, you may be entitled to financial compensation. Our California pedestrian accident lawyer can help you file a pedestrian accident case to recover what you need to feel whole again.

To learn more about the types of personal injury cases we represent, consult with our legal team today.

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Why Choose Alpha Accident Lawyers

At Alpha Accident Lawyers, our experienced pedestrian accident lawyers take every case personally. After all, we have all been pedestrians before. We investigate the cause of the accident, determine who is liable, and build a formidable case.

Our California personal injury law firm exclusively handles personal injury cases, so we know exactly how to recover maximum compensation for our clients. We have successfully obtained millions of dollars in settlements for our clients who suffered serious injuries due to the negligence of someone else. Our team of personal injury experts have been recognized by Attorney and Practice Magazine, The National Trial Lawyers, and the National Association of Distinguished Counsel.

All you need to do now is call us to schedule a free case evaluation with our team so we can initiate the claims process. While you focus on your recovery, we will take care of the rest.

What Causes Most Pedestrian Accidents?

According to the Governors Highway Safety Association, more than 7,500 pedestrians were struck and killed by motor vehicles in 2022, the highest number since 1981.

Despite improvements in road and vehicle safety, pedestrian accidents have been increasing at an alarming rate. Pedestrians must share the road with cars, trucks, buses, and motorcycles, which leaves little room to escape a dangerous situation. According to the California Office of Traffic Safety, 504 pedestrians were killed in crashes involving vehicles in California in 2022, making it the state with the most pedestrian fatalities in the nation.

Some of the most common types of pedestrian accident claims in California are crosswalk and intersection accidents. They occur when drivers fail to yield the right of way to pedestrians who are crossing the street legally, or when drivers make turns without checking for pedestrians in their path. These accidents can result in severe injuries such as broken bones, head trauma, spinal cord damage, and internal bleeding.

The main cause of pedestrian accidents in California is negligence. Drivers and pedestrians have a duty to exercise reasonable care and attention and follow traffic signs and signals. However, many road users engage in risky behaviors such as:

• Speeding
• Impaired driving 
• Failure to yield 
• Distracted driving
• Running a red light or stop sign
• Crossing outside of a crosswalk
• Distracted or impaired walking 

California Pedestrian Rights and Laws

Both pedestrians and vehicle drivers must respect the rules of the road to protect their own safety. Firstly, it is important to understand who is considered a pedestrian in California. A pedestrian is defined as a person:

• On foot
• Who uses a method of transport other than a bicycle, such as roller skates or skateboard
• With a disability requiring use of a tricycle, quadricycle, or wheelchair 

Some of the key state laws designed to protect pedestrians are:

Right-of-Way 

According to California’s Vehicle Code, pedestrians have the right-of-way at marked and unmarked crosswalks. If a pedestrian is crossing when they have the "Walk" sign, drivers must slow down or stop. Right-of-way does not apply if the pedestrian does not have the Walk sign or crosses outside of a pedestrian crossing.

Jaywalking 

In January 2023, jaywalking became legal in California with the passage of the Freedom to Walk Act. It allows pedestrians to cross the road outside of an intersection or crosswalk without getting a citation or fine. However, pedestrians must still use caution and yield the right-of-way to cars if they cross outside of a crosswalk.

Blind Pedestrians 

California Vehicle Code 21963 gives special protection to blind pedestrians who use a cane and/or guide dog. Drivers must always yield the right-of-way to blind pedestrians. Failure to do so will result in jail time and/or a fine of no more than $1,000.

Compensation for Pedestrian Accident Victims

Since no two pedestrian accidents are the same, there is no average pedestrian accident settlement. Compensation in pedestrian accident claims will depend on the severity of the injuries sustained, the accident's impact on the victim's life, the other party's negligence, the available insurance, and more.

As in all personal injury cases, there are two types of damages that victims may recover: economic and non-economic.

Economic Damages

These are monetary damages that reflect the victim’s actual financial losses. They include:

• Medical bills, including hospitalization, ambulance costs, treatment, CT/MRI scans, etc.
• Future medical expenses if the victim suffers a permanent injury 
• Lost wages if the victim missed time from work 
• Loss of future earning capacity if the victim is unable to return to work

Non-Economic Damages

These are damages that represent non-monetary, intangible losses suffered by the victim. They include:

• Pain and suffering, including physical and emotional pain due to the injury
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support)
• Disfigurement or scarring

Placing an actual monetary value on damages can be challenging. Through an investigation and gathering critical evidence like medical bills and the police report, an experienced pedestrian accident lawyer can accurately calculate losses the victim needs in order to fully recover.

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Common Pedestrian Accident Injuries

Pedestrians are considered vulnerable road users because they have little that protects them in the event of an accident. Due to their exposure, they often suffer much more serious injuries when compared to vehicle drivers.

There are several factors that determine the severity of a pedestrian injury. According to the CDC, the speed and size of the vehicle, the location of the accident, and alcohol impairment are some of the biggest risk factors.

Our California pedestrian accident attorneys have helped clients recover compensation for the following types of injuries:

• Broken and fractured bones
• Cuts and lacerations
• Soft tissue injuries, including sprains and strains
• Head and neck injuries
• Traumatic brain injuries (TBI), including concussions
• Back and spinal cord injuries 
• Leg and knee injuries
• Psychological trauma, including PTSD

Who Is At Fault?

In any type of motor vehicle accident, it is necessary to determine who is at fault. California is a fault-based state, which means that the party who caused the accident is responsible for paying for the damages and injuries of the other parties involved.

However, determining fault in a pedestrian accident case can be complicated, as there may be more than one party who contributed to the crash. Some of the parties who may be at fault in pedestrian accidents are:

• The driver: A vehicle driver who hit the pedestrian is usually the primary party at fault.
• The pedestrian: If the pedestrian was crossing outside of a crosswalk, they may be found partially responsible.
• The city or government: The city or government agency responsible for maintaining the roads, sidewalks, and traffic signals may also be at fault if the accident was caused by a hazardous or defective road condition.
• A business or employer: If a driver of a vehicle who hit you was a rideshare, truck, or delivery driver, their employer may be responsible for some or all of your injuries.

Proving Negligence

Negligence forms the basis of most pedestrian accident lawsuits. It is the legal term for the failure to act with reasonable care and prudence, resulting in harm to another person. To prove negligence, you have to establish four elements:

1. Duty of care: You as the plaintiff must prove the defendant had a legal obligation to act in a certain way toward you. Drivers have a duty of care to follow the traffic laws and signals, and to watch out for pedestrians on the road.
2. Breach: The defendant breached their duty of care, which means they failed to act in accordance with the standard of care. A driver who is speeding, distracted, impaired, or runs a red light is breaching their duty of care to pedestrians.
3. Causation: The breach caused your pedestrian injury, which means there is a direct and foreseeable link between their action or inaction and your harm.
4. Damages: You suffered damages as a result of the defendant's breach of duty.

To prove these elements, your attorney will need to gather and present evidence that supports your claim, including witness statements, medical records, the accident report, and testimony from accident reconstruction experts.

Challenges of a Pedestrian Accident Claim

One of the main challenges of a pedestrian accident claim is dealing with the insurance company. Insurance companies are billion-dollar businesses that do not like to lose money. They have robust legal teams and persistent adjusters who will do what they can to deny or reduce your claim. Our law firm does everything we can to counter their lowball claims.

Aside from the insurance company, proving who caused your injuries and how they caused them can be very difficult. An injured pedestrian could be partially at fault for the accident if they were jaywalking or crossed the street outside of a designated crosswalk. Working with a pedestrian accident lawyer ensures you have someone thoroughly investigating your accident and gathering the necessary evidence to support your claim.

Statute of Limitations

The statute of limitations is the deadline for filing a lawsuit against the party responsible for your pedestrian accident. In California, pedestrian accident victims must file a claim within two years from the date of their accident.

If you are suing a government agency or employee, you have to file an administrative claim within six months of the accident. If you believe you have an exception to the time limit, talk to a California pedestrian accident attorney as soon as possible to protect your legal rights.

Pay Nothing Unless You Win 

There exists a common misconception about pedestrian accident lawyers: they are expensive. However, what many people may not know is that hiring a personal injury lawyer in California typically costs nothing upfront.

Most personal injury law firms operate on a contingency fee, meaning clients are not responsible for paying upfront legal fees unless the lawyer is successful in their case. If the lawyer is unsuccessful in winning a settlement, the client does not pay anything.

A contingency fee allows people to access legal services with no barrier of entry. It also motivates a legal team to do everything they can to obtain a positive outcome. To learn more about hiring a pedestrian accident attorney, contact us in a free case evaluation.

Trusted California Pedestrian Accident Lawyers

Walking, running, and jogging can lead to a healthy and long life. If negligent drivers threaten your well-being due to their own negligence, you have the right to pursue compensation. However, doing this on your own can lead to months of frustration, stress, and worry. At Alpha Accident Lawyers, our experienced California pedestrian accident lawyers can help you on the road to recovery starting from today. With our legal team on your side, you can begin to feel like yourself again.

If you are considering filing a pedestrian accident lawsuit, you need to act as quickly as possible, as there is a clock running. Contact our Los Angeles or Sacramento offices today to schedule a free consultation with our legal team.

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