It’s hard getting around the fact that California’s roads are not safe for pedestrians. Though efforts have been made in many cities to improve the conditions for people on foot, pedestrian deaths in California still outpace every other state.

Has a pedestrian accident injured you or someone you love in California? Was this accident caused by another’s negligence, resulting in severe injury or financial loss? If so, consider speaking to the California personal injury attorneys at OnderLaw about filing a personal injury claim or lawsuit for compensation. We can help you get the financial help you need to move on after a pedestrian accident. Call today for a free consultation. We’re standing by to take your call.

Why Do I Need a Lawyer for My Pedestrian Accident?

We help our clients obtain compensation for their injuries and losses through personal injury claims and lawsuits. Most personal injury cases are handled as claims through the responsible party’s insurance company, and a lawyer can help simplify the process and make things easier for you in many ways.

Your lawyer will act as your advocate, guide, and counsel. We will explain how the claims process works and make sure that your claim is supported by evidence and based on fact. We will conduct a full investigation into your accident, scrutinizing every aspect to determine who is ultimately responsible. We will speak to eyewitnesses, gather evidence, such as medical records or accident reports, and take care of the hard work of building your claim while you take the time you need to recover from your injuries.

Your attorney will help you precisely determine what losses resulted from the accident and injury and help you estimate an amount to demand from the responsible party. It’s important to note that not all losses are physical or financial. Some are entirely subjective and can only be estimated with the help of an attorney with knowledge of prior case law. Not hiring an attorney means you may be leaving money you’re owed on the table.

We will then write a demand letter to submit to the insurance company. They will likely conduct their own investigation and determine whether they believe your claim has merit. At this point, your attorney becomes your chief negotiator. We will handle all communications with the insurance company to get you the maximum payout possible for your injuries.

Insurance companies often try to trick claimants into accepting a settlement that is lower than they deserve. A settlement is a cash amount intended to compensate you for your losses and make you drop any claim you have against their customer. They do this to protect their customer and their company’s bottom line. They’re hoping to resolve the matter before you’ve had a chance to speak to an attorney because they know their offer won’t stand up to scrutiny. Make sure your attorney reviews any settlement offer before you sign anything from the liable party’s insurance company.

Why Hire OnderLaw to Represent Me?

This is an easier question to answer. OnderLaw has almost twenty years of experience helping claimants just like you to get back on their feet after an injury. We know how to make California law work for our clients, and we have the record to prove it.

We’ve obtained over $4 billion in settlements and awards since our founding in 2002. We certainly won’t guarantee a positive outcome for every pedestrian accident we take on, but if we don’t get you the help you need, we don’t get paid. Payment of our fee is contingent on us getting the positive results you deserve. If we aren’t successful, you owe us no fee, and there are no upfront costs for our services. We don’t want financial strain to be a barrier for our clients, especially if they’ve already paid out-of-pocket for medical bills or lost wages due to an accident.

We also genuinely want to help you and your family. If you read through some of our testimonials, you’ll hear from some of our past satisfied clients. What you won’t see is much talk about how much money we were able to get. What you will see is praise for the way we treat our clients. We know what you’re going through because we’ve seen it many times before, and we want to do all we can to help.

Our team of legal professionals is committed to providing top-tier legal counsel and providing the support and compassion our clients need during a stressful time. This commitment extends into our communities through organizations and charities, which we support through donations of time and money. We regularly support groups like MADD, Toys for Tots, and the Lupus Foundation of America.

Pedestrian Laws in California

California’s roads and highways crisscross the state, but pedestrians are at a disadvantage every time they use them and must take precautions to avoid accidents and injury. Here are some laws governing pedestrian and motorist behavior in California:

  • It is illegal for a motorist to pass another vehicle stopped at a crosswalk.
  • Drivers must yield to pedestrians in marked or unmarked crosswalks.
  • A pedestrian’s having right-of-way does not absolve them of the duty to use due care when crossing a busy street.
  • Jaywalking is illegal.
  • It is illegal for sighted pedestrians to use a white cane with a red tip.

Types and Causes of Pedestrian Accidents

Pedestrian accidents can happen any time of day, in any weather, and in any traffic conditions. Here are some common types of pedestrian accidents:

  • Crosswalk accidents
  • Hit-and-run accidents
  • Reversing accidents
  • Right and left-turn accidents
  • Failure-to-yield accidents
  • Speeding accidents
  • Inadequate surveillance accidents

The root cause of pedestrian accidents depends on the circumstances leading up to them. Some causes we regularly see include the following:

  • Speeding
  • Distracted driving
  • Impaired driving
  • Reckless driving
  • Failure to yield
  • Low light conditions
  • Bad road conditions
  • Inclement weather
  • Improper lookout

Common Injuries Suffered in Pedestrian Accidents

Injuries from pedestrian accidents can be more severe than car or truck accidents because pedestrians have no safety protection. Even a cyclist striking a pedestrian can cause serious injury, but when a car moving at average road speeds strikes a person, the resulting injuries can be life-threatening. Some injuries frequently resulting from a collision between an auto and a pedestrian include:

  • Broken bones
  • Abrasions
  • Road rash
  • Lacerations
  • Traumatic brain injury
  • Spinal cord injury
  • Hip and knee damage
  • Concussion
  • Whiplash
  • Internal injuries
  • Organ damage
  • Head and neck injuries
  • Coma
  • Death

Proving the Other Party Was Negligent

To receive compensation for your injury, you and your attorney must prove negligence on the part of the responsible party. California Civil Code 1714 states that everyone must act in a way that doesn’t harm others and is responsible for their actions. If we can gather enough evidence and documentation to prove that the responsible party was supposed to behave in a safe manner, didn’t do so, and their behavior caused the accident and your injuries, we should be able to get you fair compensation for your losses.

Compensation for a Pedestrian Accident Claim

You can be compensated for a variety of damages that result from the accident, such as:

  • Pain and suffering
  • Lost wages
  • Medical bills
  • Mental anguish
  • Emotional distress
  • Scarring and disfigurement
  • Loss of enjoyment of life

You’ll notice that some of these damages are material in nature, such as medical bills or lost wages. These are economic damages. Others are immaterial and relate to the experience of the injury, such as mental anguish or emotional distress. These are noneconomic damages. Your lawyer will help you decide which categories apply to your claim.

You may also be eligible for exemplary damages in cases of extreme oppression, fraud, or malicious action. Unlike compensatory damages, which are designed to restore you to your previous state, exemplary damages are intended to punish the malicious actor for their behavior and deter them from ever behaving in the same manner again. Ask your attorney whether exemplary damages are suitable for your case.

California Accident Statistics

Here are some recent data on pedestrian accidents in California:

  • 893 pedestrians died on California roads in 2018.
  • More than 14,000 pedestrians suffered an injury in California in 2018.
  • Between 2014 and 2018, pedestrian deaths rose 26 percent in California.
  • The pedestrian fatality rate in California is 26 percent higher than the national average.
  • California leads the nation in pedestrian deaths.

Call OnderLaw Today

If you’ve suffered a severe injury in a pedestrian accident, don’t delay any longer. Call the helpful attorneys at OnderLaw right away. California’s two-year statute of limitations on personal injury lawsuits has already started running, so time is a factor. Don’t let a pedestrian accident knock you off your feet. Call  for a free, no-obligation consultation, and get the fair and just compensation you deserve. Call OnderLaw today.