Have you or someone you love been in a pedestrian accident in Fresno that wasn’t your fault? Did this accident cause you severe injury or other losses? If so, you should consider contacting the Fresno personal injury attorneys at OnderLaw about filing a personal injury claim or lawsuit against the party responsible for your accident. We can help you obtain compensation for medical bills, lost wages, or the trauma of the injury itself. Call for a free consultation, and let us help you get the compensation you rightly deserve. Call OnderLaw today.

Why Do I Need a Lawyer for My Pedestrian Accident?

If you’ve been hit while walking or running along an active roadway, you may be eligible for compensation from the responsible party. An attorney can assist you with filing a claim or lawsuit and make the process simpler and easier for you.

We will do the work on your behalf. We will investigate the accident that caused your injury, track down and interview witnesses, gather all necessary documents, and handle all the paperwork. We will also deal directly with the responsible party’s insurance company to negotiate a fair settlement for your injuries. This will allow you the time you need to recover from your injury or help your loved one to do the same.

Pedestrian accidents often end in serious injury and can leave you feeling isolated, anxious, even depressed. Your attorney from OnderLaw will do more than build your claim. We will provide the support you need during this trying time. We know what you’re going through because we’ve helped thousands of other clients through the same kind of situation, and we provide compassion, as well as legal counsel.

Without an attorney, you may not get all the compensation you’re owed. Your lawyer can help you identify exactly what losses you sustained as a result of the accident and ensure you’re demanding an amount that is commensurate with all your losses, not just the material ones.

The vast majority of claims are handled with a settlement, which is a cash amount designed to compensate you for your losses and to induce you to drop any claim you have against the responsible party. If the insurance company decides to reduce your payout or deny your payment entirely, you’re left with few options. With an attorney to assist you, you can continue to move forward by filing a lawsuit against the responsible party. This will take the decision out of the insurance company’s hands and place it in the hands of a judge or jury.

Why Hire OnderLaw for My Pedestrian Accident?

When you choose OnderLaw for your legal representation, you’re going with the best.

We’ve been helping people get compensation for their accidental injuries since 2002. Our team of tenacious legal professionals has seen claims of all types, from pedestrian accidents to multi-million dollar product liability lawsuits. We’re not afraid to take on the big corporations and insurance companies for our clients because we’ve done it before and won.

We provide top-tier legal services, but we know not all our clients can pay for those services immediately after an accident. This is why we work on contingency. If we sign on to represent you, you won’t pay a dime upfront. We take a percentage of any settlement or award we obtain for you as payment. If we aren’t successful in getting you compensation, we don’t get paid.

We believe that in order to be successful, we have to help others, and that’s not limited to just our clients. We regularly donate money and time to charitable causes and organizations like Toys for Tots, MADD, and the Lupus Foundation of America.

Head over to our Results page to learn more about the $3.5 billion we’ve recovered for our clients since 2002, then head to our Testimonials page to hear from some of our past clients directly.

Pedestrian Laws in California

Like all others that use California’s millions of miles of roads, pedestrians have rights and responsibilities. Here are some of the laws governing pedestrians and how motorists should behave around them:

  • A pedestrian has the right-of-way in any marked or unmarked crosswalk in California.
  • Even outside of marked and unmarked crosswalks, drivers are still required to exercise due care.
  • It is illegal for any car to pass another car stopped at a crosswalk.
  • Pedestrians must yield the right-of-way outside of crosswalks.
  • Jaywalking, or crossing outside of a crosswalk or intersection, is illegal.
  • Pedestrians include anyone in a wheelchair, using a walker, pushing a stroller, or even people on skis.

Types and Causes of Pedestrian Accidents

Pedestrian accidents occur when anyone on foot, in a wheelchair, on skis, or pushing a stroller travels through a developed area and is struck by a car, truck, cyclist, or other type of vehicle. Some of the more common types of pedestrian accidents include the following:

  • Hit-and-run accidents
  • Backup accidents
  • Failure to yield accidents
  • Distracted driving accidents
  • Right and left-turn accidents
  • Impaired driving accidents
  • Excessive speed accidents
  • Jaywalking accidents
  • Being struck by a cyclist
  • Dart-out accidents
  • Freeway crossing accidents

The causes of pedestrian accidents vary widely and include:

  • Impaired driving
  • Distracted driving
  • Failure to yield
  • Inadequate surveillance
  • Inclement weather
  • Poor visibility
  • Road construction
  • Poor road conditions
  • Poor road design
  • Construction zones
  • Inexperienced drivers
  • Jaywalking
  • Passing a vehicle stopped at a crosswalk

Common Injuries Suffered in Pedestrian Accidents

Pedestrians are at a distinct disadvantage when sharing the roadway with vehicles moving at any speed. Even slow-speed pedestrian accidents can cause serious injury because of the difference in size between a pedestrian and a standard passenger vehicle. There are many types of injuries caused by pedestrian accidents, such as:

  • Broken bones
  • Sprains and strains
  • Hip, knee, and ankle injuries
  • Traumatic brain injury
  • Spinal cord injury
  • Concussion
  • Abrasions
  • Lacerations
  • Burns
  • Head and neck injuries
  • Whiplash
  • Internal injuries
  • Organ damage
  • Amputation
  • Coma
  • Death

Proving the Other Party was Negligent

In order to obtain compensation, we must prove that the party responsible for your accident acted negligently. We must show that they had a responsibility to act in a way that didn’t harm others, that they neglected that responsibility, that they caused an accident, and that the accident ended in your injury. If we can prove those things with evidence, we should be able to get you the compensation you need.

California has a pure comparative negligence doctrine. This means that even if you are partially responsible for your accident, you can still obtain compensation. If a judge or jury finds that you are 15 percent responsible for your accident, any compensation you obtain would be reduced by 15 percent.

Compensation for a Pedestrian Accident Claim

To start the claims process, your attorney will sit down with you and discuss the accident, the surrounding circumstances, and your injury in detail. We will determine exactly what losses you suffered as a result of the accident, and demand compensation for these losses, called damages.

You can be compensated for any and all losses you sustained, including losses that are not financial in nature.

Economic damages are any losses with a definable monetary value. They include the following:

  • Lost wages
  • Property damage
  • Medical bills
  • Lost opportunity
  • Household expenses

Noneconomic damages are losses relating to the injury itself but that don’t have an obvious monetary value. There are several categories of these damages, such as:

  • Pain and suffering
  • Scarring and disfigurement
  • Loss of consortium
  • Loss of enjoyment of life
  • Emotional distress

Your attorney will help you decide which losses apply to your case. In cases of extreme malice, fraud, or oppression, your attorney may also recommend trying to recover exemplary damages. These damages are not compensation. Rather, they are a punishment designed to deter the responsible party from ever acting with careless disregard again. The burden of proof for exemplary damages is higher than for compensatory damages, and they can only be awarded by a judge or jury. Talk to your attorney to learn more.

Pedestrian Accident Statistics in Fresno and California

Here are some helpful statistics and information regarding the dangers pedestrians face in Fresno and elsewhere:

  • Pedestrian deaths on California roads jumped over 20 percent from 2019 to 2020.
  • More than 14,000 pedestrians were injured on California roads in 2018.
  • The rate of pedestrian fatalities in California is almost 25 percent higher than the national average.
  • California leads the nation in pedestrian deaths.
  • Fresno is 21st in the nation for cities most dangerous to pedestrians.
  • Fresno had 235 pedestrian fatalities from 2010 to 2019.
  • The number of pedestrians dying while trying to cross Hwy 99 on foot is increasing.

Call Today for a Free Consultation

If you’ve been injured in a pedestrian accident in Fresno, you have limited time from the date of your injury to file a lawsuit for compensation. Don’t delay any longer. Call the attorneys at OnderLaw today. We will review your case and advise you about all the options available to you, free of charge, regardless of whether you choose us to represent you. We don’t take payment unless we get you the compensation you deserve. The first consultation is absolutely free, so you have nothing to lose. Call today.