Fremont Pedestrian Accident Lawyers
If you were injured in a pedestrian accident that wasn’t your fault and want to discuss your legal options to seek compensation, call the Fremont personal injury attorneys of OnderLaw, LLC immediately. You have a right to hold the at-fault party liable for harming you. We know medical treatment can be expensive and a significant financial burden. You should not be forced to pay for any bills if the other person were entirely at fault for your injuries.
Motorists are supposed to pay attention to people crossing the street. If they become distracted or choose to run a red light, they could crash into a pedestrian already on the road. Unfortunately, these accidents often lead to severe injuries and, many times, death. You shouldn’t bear the burden of someone else’s carelessness. OnderLaw, LLC can help you pursue the maximum compensation you deserve.
Meet with one of our Fremont pedestrian accident lawyers for a free consultation to learn more about what we can do for you. Call today at (314) 963-9000.
Why Do I Need a Lawyer? Why Choose OnderLaw, LLC?
Proving a driver was at fault in accidents involving pedestrians is often difficult. Many people assume the person crossing the street is more likely to be at fault than a motor vehicle driver. That’s because some pedestrians jaywalk, dart out into the street without looking for approaching vehicles, and walk through parking lots while looking down at their cell phones. Insurance companies will try to blame the injured claimant, so they don’t have to accept liability for their policyholder. This makes cases like this challenging to handle.
At OnderLaw, LLC, our Fremont pedestrian accident lawyers understand the struggle of taking on a negligent driver for the compensation you need to afford your medical expenses. It’s often time-consuming and stressful. You can depend on us to take on that responsibility and complete every step for you. Your only job should be to see your doctors so you can heal your injuries.
Pedestrian Laws in California
There are certain rights afforded to pedestrians. According to California law, a pedestrian is any person traveling by foot or using:
- An electric assistive device;
- A mode of transportation controlled by human power, except a bicycle; or
- A motorized tricycle or quadricycle, or self-propelled wheelchair and can’t travel as a pedestrian due to a physical disability.
When you’re a pedestrian and share the road with motor vehicles, you must follow the same laws as the drivers. That means you must be diligent in using crosswalks, sidewalks, and other areas correctly to keep yourself and others safe.
The rights and duties of pedestrians under state law are:
- Do not leave a curb or another safe place by running or walking into a vehicle’s path.
- Pedestrians are prohibited from unnecessarily delaying or stopping traffic while walking on a marked or unmarked crosswalk.
- If a pedestrian is at a marked or unmarked crosswalk, an approaching driver must slow down and proceed with caution to keep them safe.
- Pedestrians have the right of way if crossing the road at any unmarked or marked intersection.
If you or a driver violates any traffic laws, an accident could result in which you could suffer debilitating injuries requiring emergency medical care and ongoing treatment.
Types and Causes of Pedestrian Accidents
Pedestrian accidents don’t only happen in crosswalks. Many occur in parking lots and driveways. Some can even happen on a sidewalk if a car jumps the curb.
Common types of pedestrian accidents in Fremont include:
- Crosswalk accidents – Pedestrian accidents commonly occur in crosswalks. Driver distractions and failure to yield the right of way typically are the reasons this happens.
- School zone accidents – Many children don’t understand the risk of running into the road without looking both ways. School zones require drivers to slow down and proceed with caution. A motorist’s inattention or careless behavior could place a young kid in harm’s way.
- Passing accidents – A driver might not see someone crossing the road because of a stopped vehicle in front of them. If they decide to drive around, they could crash into a pedestrian already in the crosswalk.
- Backing up accidents – This typically happens in parking lots when a motorist backs their car out of a parking space without looking behind them first.
- Turning accidents – When someone turns right or left, they check for oncoming cars before proceeding. However, they might forget to look for pedestrians preparing to cross the street and turn into them.
- Sidewalk accidents – People walk, run, and hang out on sidewalks. Someone swerving or drifting off the road could barrel into a group of pedestrians.
- Parking lot accidents – Traveling at excessive speeds through a parking lot puts everyone at risk of injury, particularly pedestrians. Motorists that don’t focus on their surroundings won’t see someone walking in front of their car.
Pedestrian accidents happen for many reasons. The most common causes include:
- Fatigued driving
- Driving under the influence
- Failure to yield the right of way
- Making a turn without looking
- Distracted driving
- Running a stop sign or red light
- Weaving in and out of traffic
It’s vital to start working on your case immediately following a pedestrian accident. That means you should start treating your injuries, hire a lawyer, and maintain all documentation associated with the accident. You deserve an opportunity to pursue compensation from the negligent driver, so you’re not left with out-of-pocket expenses to pay on your own.
Common Injuries Suffered in Pedestrian Accidents
A collision with a motor vehicle can cause significant physical harm to a pedestrian. The car’s occupants have an airbag to soften the blow of the crash and a seatbelt to keep them firmly in their seats. Unfortunately, a person walking outside has nothing to protect them during an accident. The body suffers immediate harm from the violent force of the impact. Victims can become airborne, fall onto the hard pavement, or get run over by a vehicle.
The injuries in pedestrian accidents are often catastrophic and life-threatening. The most common include:
- Penetrating injuries, such as being impaled by flying debris
- Internal damage
- Broken bones
- Sprained or twisted ankle
- Traumatic brain injury
- Loss of limb
- Cuts, bruises, and road rash
- Neck and back injuries
- Psychological trauma
- Torn tissues, muscles, tendons, or ligaments
- Permanent disfigurement or scarring
- Spinal cord injuries
If you’re left with permanent injuries, they can disrupt your life and cause various problems. You might require ongoing treatment to manage pain, regain muscle strength, or improve mobility in your limbs. Economic strain could eventually lead to medical debt if you can’t afford to pay your bills.
Pedestrian accidents don’t only cause physical injuries. They also cause emotional trauma. You could be forced to face a diagnosis of depression or anxiety or need counseling to recover from your phobia of cars. The lifelong consequences are devastating for victims.
Proving the Other Party was Negligent
In any personal injury case, you likely have to prove negligence. Everyone is responsible for their actions and must take reasonable care to avoid causing harm to others. Negligence is the failure to uphold this duty. If the driver or someone else were negligent in causing your injuries, you could hold them liable for your medical care, surgical costs, and other losses.
Although drivers are the likely parties responsible for pedestrian accidents, additional people or entities could be at fault. Examples include:
- Government entity – The government and its employees typically maintain public roadways and fix the damage. A malfunctioning traffic signal, unrepaired pothole, or another hazard that contributed to the accident could mean they could be to blame for the crash.
- Manufacturers – The manufacturers of vehicles and parts are supposed to provide safe products to consumers. Defective parts can end up on the market or in someone’s vehicle, causing drivers to lose control of their vehicles and crash into pedestrians.
- A non-motorist – Sometimes, bicyclists and even other pedestrians could be at fault for an accident. If their negligent actions contributed to your injuries in any way, you could seek compensation from them.
Compensation for a Pedestrian Accident Claim
You could file an insurance claim with the at-fault driver’s insurance company to pursue compensation for the losses you suffered. These losses might include:
- Pain and suffering
- Lost wages
- Lost earning capacity
- Physical impairment or disfigurement
- Medical expenses
- Emotional distress
- Loss of enjoyment of life
- Property damage
You can seek compensation from the at-fault driver’s car insurance company even though you weren’t in a vehicle when the accident occurred. Every vehicle owner must purchase liability coverage with minimum limits for property damage and bodily injury. Under the state’s fault law, anyone injured in a motor vehicle accident can hold the driver financially responsible for the losses they suffered through an insurance claim.
State and City Accident Statistics
Pedestrians are at a much higher risk of death in collisions with motor vehicles. In just the first six months of 2019, 519 pedestrians were killed in accidents in California. That’s 55 more fatalities than the same period the previous year. Additionally, it was the highest number of deaths out of every state in the country.
California is one of five states that represented 47 percent of all pedestrian fatalities between January and June 2019. Most pedestrian accident deaths happened at night, and surprisingly, 74 percent occurred in areas where there aren’t intersections.
In 2019, five pedestrians were involved in fatal traffic accidents in Fremont.
Call OnderLaw, LLC for Your Free Consultation
Call OnderLaw, LLC immediately at (314) 963-9000 if someone else’s negligence caused your injuries in a pedestrian accident. One of our Fremont pedestrian accident lawyers will discuss the details of your situation during a free consultation and advise you about the best options for securing the compensation you deserve.