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Ariel Law Group luchará porYour Rights In Pedestrian Accident Cases

Pedestrian Accident Lawyer Serving California

When competing against cars and trucks on streets and highways, pedestrians have a poor track record. Recent statistics report that pedestrian deaths comprised 16% of all traffic fatalities (NHTSA, 2018), with 81% occurring in urban areas (IIHS, 2019.) Over half of all road traffic deaths worldwide are among pedestrians, cyclists, and motorcyclists. (WHO, 2018) Needless to say, the injuries that victims of pedestrian accidents suffer in accidents with vehicles can become even more devastating than those that one car inflicts against humans traveling in another. If you find yourself in an accident as a pedestrian, it?s time to enlist the help of an experienced California pedestrian accident lawyer

In California, a comparative negligence state, the role of all participants in an accident is assessed, and the percentage they contributed is taken into account. If, for example, a pedestrian crosses against a light or outside of a crosswalk, this would be considered negligent. Walking while drunk or texting while crossing the street can also increase your liability. The advantage of having an Ariel Law Group accident attorney on your side is that we will work tirelessly to show the court that your role in the accident was minimal.

*Unless otherwise noted, the statistics used were compiled here from various sources

Do I need to hire a pedestrian accident lawyer?

If you have an injury as a result of a pedestrian accident with a vehicle, the short answer is yes. In these cases, it?s best to begin by consulting with a pedestrian accident lawyer. 

Due to shock and other things that may be on your mind in the immediate aftermath of an accident, injuries aren?t always immediately noticeable. They make take time to appear and when they do, they may cause debilitating pain. This is why it?s crucial to speak with a personal injury lawyer about your options. 

If you?ve been in a pedestrian accident that has affected your ability to work, required emergency medical care, or required hospitalization, it?s time to speak to a California pedestrian accident lawyer.

What should I do if I am in a pedestrian accident?

If you are in an accident in which you are walking and are struck by a vehicle, here is what you should do.

  • If you can, call 911 or ask a witness to do it for you.
  • If possible, and if you feel that are seriously injured, try to remain as still as possible to avoid further injury, especially to your spine.
  • Seek medical attention and emergency transport to a hospital immediately.
  • Get contact information about anyone involved in the car accident including the name, license plate, and insurance information of the driver involved.
  • Take photos of the vehicles, your injuries, and the injuries of others involved. Take photos of the scene as well, including traffic signals and street signs.
  • Do not sign any documents or give any statements to any insurance representative without first speaking to a pedestrian accident lawyer.
  • Do not apologize. This can be used to prove that you were at fault, even if you were not.
  • Do not admit fault.
  • If questioned by a police officer about what happened, do not guess. Only tell the officer what you know happened for certain.
  • Keep all accident-related medical bills stored together in a secure place. These will be provided to your lawyer to help determine the financial compensation you are entitled to.
  • Contact and hire an experienced pedestrian accident lawyer as soon as possible. 

Sticking to this checklist in the event of a pedestrian accident will help you ensure that your rights will be protected and you?ll get the help you need.

Who may be held liable after my pedestrian accident?

An experienced pedestrian accident lawyer will determine which parties are potentially at fault to ensure that you get all compensation that you are entitled to. As experienced accident lawyers, we know how important it is to make sure that you get restitution from anyone responsible for this difficult situation. In a pedestrian accident, the most commonly at-fault parties include:

  • The person driving the vehicle.
  • Public entities or commercial organizations if the motor vehicle driver was working at the time of the accident.
  • Any governmental agencies or public entities responsible for designing, maintaining, or controlling the roadway where the accident occurred.
  • Public entities may be held liable if the road or intersection is well known for being extremely dangerous and nothing has been done to make it safer for pedestrians.
  • Construction companies and contractors who may have affected traffic or the roadway, making it unsafe for pedestrians.

Will I be able to get compensation even if I am partly to blame for the accident?

Yes. California is a comparative negligence state, which means that any person involved in an accident might be responsible for a percentage of the blame.

As your pedestrian accident lawyer, part of our job is to prove that your negligence was as small as possible to ensure that you receive the compensation you deserve. The comparative negligence principle applies to most personal injury cases in California.

What types of compensation may I be entitled to?

  • Past and future medical bills related to injuries sustained in the pedestrian accident, including hospital bills, ambulance bills, physical therapy, consultations with specialists, in-home care services, and psychiatric counseling
  • Past and future lost wages resulting from the accident.
  • Property damage. In the case of a pedestrian accident, this refers to compensation for the cost of damage to any items you may have been carrying, such as a laptop.
  • Pain and suffering resulting from physical pain, emotional distress, mental anguish, and loss of consortium. 
  • Punitive damages if the accident was the result of malicious or willful actions.

What if I am undocumented and/or don?t speak English? Will that affect my pedestrian accident claim?

No. According to California law, a person?s immigration status cannot be used against them in civil cases. This includes pedestrian accident lawsuits.

In addition to this, our attorneys and staff are bilingual in English and Spanish so you can feel comfortable that we will understand the intricacies of your case and keep you informed about what is happening throughout the process.

How long do I have to file my pedestrian accident lawsuit?

If the party or parties you are suing are non-governmental entities, you have up to two years after your accident to file your lawsuit. If the entity or entities you are suing are public or part of the government, you will have only six months following your accident to file your claim. Seeking help from a pedestrian accident lawyer immediately after your accident will help ensure that your claim is filed at the right time and you?ll get the help you need.

How long do pedestrian accident lawsuit cases typically last?

In most cases, after your pedestrian accident lawsuit is filed, your trial date will be set 12 to 18 months in the future.

Learn more about how Ariel Law Group can help you get the compensation you deserve.

With 30 years of experience, we have won millions of dollars in compensation to help alleviate the staggering physical, emotional, and financial toll that accidents take on our clients. Our track record of success indicates we know how to fight for our clients.

Our team has a proven 98% success rate and you will not pay any fees until we win your case. Contact us today for a free consultation.


Where do Pedestrians Suffer Most Accidents?

Research indicates that most incidents involving injury to pedestrians occur in urban areas. It is due to the high population density and increased traffic volume in these areas, which increases the likelihood of an accident. Studies have shown that intersections are hazardous for pedestrians, as they are often crowded with vehicles and people crossing simultaneously. Furthermore, while turning or changing lanes at crossroads, cars may be less inclined to yield to pedestrians. Furthermore, sidewalks can be hazardous for pedestrians due to poor lighting or uneven surfaces. Pedestrians may also be more vulnerable when walking along roads without sidewalks or crosswalks, as drivers may not expect them to be present in those locations.

What Happens if you Hit a Pedestrian in California?

The legal implications of hitting a pedestrian in California on foot can be complex. Given the circumstances, including the driver’s speed and carelessness, they may face criminal prosecution in addition to civil culpability. Moreover, those who hit pedestrians while under the influence could also face additional penalties from law enforcement authorities. California law dictates that all drivers must take caution when near crosswalks and intersections by looking out for pedestrians and yielding to them if necessary. Refusal to follow these standards can have severe implications for both the driver and the victim.

Which Vehicle is Most Likely to Hit a Pedestrian?

The chance of a vehicle striking a pedestrian varies depending on vehicle type and operating climate factors. Studies have shown that cars are most likely to be involved in pedestrian accidents, followed by light trucks, vans, and motorcycles. Car drivers typically have less visibility than larger vehicles, making them more likely to hit pedestrians due to blind spots or the inability to react quickly enough. Additionally, cars often travel at higher speeds than other vehicles, creating a more significant potential for serious injury or death if an accident occurs. A car’s surroundings, in addition to its size and speed, can play an important influence in establishing danger levels for pedestrians.

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