Has a pedestrian accident injured you or someone you love in Modesto? Was this accident caused by another party’s negligence, and did it cause you financial losses? If so, you should speak to the Modesto personal injury attorneys at OnderLaw about filing a personal injury claim or lawsuit. You may be eligible for compensation for your injuries to cover expenses like medical bills or lost time at work. Call today for a free consultation, and let us help you get back on your feet after a pedestrian accident. Call OnderLaw today.

Why Do I Need an Attorney for My Pedestrian Accident?

A good attorney isn’t essential after a pedestrian accident, but if you sustained severe injuries or financial losses as a result of the accident, not hiring a lawyer may end up costing you time and money.

An attorney who is familiar with the claims process can mean the difference between getting a fair settlement for your injuries and not getting any compensation at all. We will use our skills and knowledge to make the ordeal more manageable for you and provide guidance and advice on how best to pursue the compensation you’re owed.

Obtaining compensation usually means dealing with the responsible party’s insurance company. Insurance adjusters work hard to find reasons to deny payment on claims, and some of the methods they employ are not entirely transparent. They may contact you immediately after the accident with a settlement check in hand, promising that they want only what’s best for you and your family. The truth is they want you to accept the first settlement amount they offer without speaking to an attorney first.

Your lawyer will handle all communication and negotiations with the insurance company. We will act as your advocate and make sure that unscrupulous adjusters don’t try to take advantage of your inexperience. This has a double effect: the insurance company now knows that you aren’t going to settle for less than your accident is worth, and we take on the work of building your claim, so you have the time you need to recover from your injuries without worrying about your claim.

We will also help you understand how damages work in California. You can be compensated for a variety of losses, or damages, depending on the circumstances of the accident. These include losses without a monetary value, such as pain and suffering or loss of enjoyment of life. Your attorney can help assess your circumstances and your expenses to arrive at a number that fully compensates you.

Under most circumstances, the insurance company will offer a settlement to cover your losses, but in some cases, they can deny payment entirely if they don’t believe your claim has merit. Without an attorney to assist you, there’s not much more you can do on your own.

With an attorney, you have the option of filing a lawsuit against the responsible party directly. Although you’re technically allowed to file a lawsuit on your own, doing so without a lawyer is risky, at best.

Why Hire OnderLaw to Represent Me?

We have the skills and experience to get the positive outcomes our clients demand. Our dedicated team of legal professionals has a vast array of specific concentrations, from medical malpractice to defective products and class action lawsuits. This wealth of experience gives us an advantage over other firms in Modesto.

We believe in providing not just top-quality legal counsel but the support and advice you need during a challenging time. We will always be available to answer questions about your case and provide updates throughout the process.

We know that deciding to hire a lawyer is not easy, especially for our clients that have already paid out-of-pocket for expensive medical treatment. It’s for this reason that we operate on contingency. We take no upfront payment for our services. If we are successful in getting you compensation, we take a percentage as payment. If we’re unable to obtain money for you, we take no fee. If we don’t get you some form of compensation, we don’t get paid. It’s that simple.

Our continued effort to put our clients’ needs first has yielded fantastic results. Since our founding in 2002, we’ve obtained over $3.5 billion in awards and settlements. If that number still doesn’t convince you, head over to our Testimonials page to hear from some of our satisfied clients.

Pedestrian Laws in California

Here are some laws governing pedestrians on California roadways:

  • Jaywalking is illegal in California.
  • Pedestrians have right-of-way within any marked or unmarked crosswalk, but they must still exercise care to not dart into traffic or impede traffic.
  • Likewise, drivers have right-of-way outside of any marked or unmarked crosswalk, but they must still exercise caution when pedestrians are present.
  • Drivers must not attempt to pass another vehicle stopped at a crosswalk to allow pedestrians to pass.
  • Pedestrians cannot stand in the road to solicit rides or services.
  • Drivers must stop before crossing a sidewalk with pedestrians present.

Types and Causes of Pedestrian Accidents

Pedestrians are at a disadvantage no matter where they attempt to cross an active roadway. They have no safety protection, they are hard to see, especially in low-light conditions, and most pedestrians cannot move fast enough to get out of the way of an approaching car. Some types of pedestrian accidents include the following:

  • Right-of-way accidents
  • Crosswalk accidents
  • Reversing accidents
  • Sidewalk accidents
  • Freeway crossing accidents
  • Right or left turn accidents
  • Impaired driving accidents

The causes of pedestrian accidents depend on the circumstances. Some common causes include:

  • Impaired driving
  • Careless right turns
  • Distracted driving
  • Failure-to-yield
  • Inadequate surveillance
  • Aggressive driving
  • Poorly lit crosswalks
  • Inclement weather
  • Speeding
  • Disobeying traffic signals

Common Injuries Suffered in Pedestrian Accidents

A pedestrian struck by a car, truck, or motorcycle is likely to sustain serious injuries. Our bodies are not made to handle an impact with a 4,000-pound passenger vehicle. Pedestrian accidents result in many injuries, both from the initial impact and from striking the ground. There are many types, such as the following:

  • Broken bones
  • Sprains and strains
  • Lacerations
  • Abrasions
  • Spinal cord injuries
  • Traumatic brain injuries
  • Concussion
  • Paralysis
  • Whiplash
  • Soft tissue injuries
  • Hip and knee injuries
  • Coma
  • Death

Proving the Other Party Was Negligent

Compensation for a personal injury claim hinges on proving negligence or that the other party failed to act in a way that doesn’t harm others. Your claim must use evidence to show that the responsible party was supposed to act in a certain manner, didn’t do so, and caused an accident and injuries. If we can gather enough evidence to prove negligence, your claim should be valid, and we should be able to get you some form of compensation.

Compensation for a Pedestrian Accident Claim

The amount of compensation you may receive depends on the accident and the losses you sustained as a result, called damages. Some damages are material in nature and have a definable value, and some do not. Determining which damages apply to your claim is best done with the help of a qualified attorney.

Damages with a monetary value attached are called economic damages. There are several types, such as:

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

Damages without a monetary value that relate to the experience of the accident and injury are called non-economic damages. These are subjective and vary widely depending on the circumstances of the accident. Some examples include:

  • Pain and suffering
  • Reputational damage
  • Scarring and disfigurement
  • Emotional distress

California also allows judges and juries to award exemplary damages in cases of extreme oppression, malice, or fraud. These damages are intended to punish the party responsible for their negligent acts and prevent them from committing such acts again. Ask your attorney if your case is eligible for an award of exemplary damages.

California Pedestrian Accident Statistics

Here is some helpful data regarding pedestrian accidents:

  • 893 pedestrians were killed on California roads in 2018.
  • Pedestrian fatalities ages 65 and over increased slightly from 2018 to 2019.
  • Pedestrian fatalities increased in almost every state last year compared to the previous year.
  • California led the nation in pedestrian fatalities last year.
  • Seven states, California included, account for over half of pedestrian fatalities every year.

Call OnderLaw Today

If a negligent driver or motorcyclist injured you or someone you love, don’t wait any longer to speak to the attorneys at OnderLaw. California’s statute of limitations of personal injury lawsuits is only two years from the date of the injury, so time is a factor. Call and let us review your case to determine whether you’re eligible for compensation. The consultation is absolutely free, and we only take payment if we succeed in getting you fair compensation, so you have nothing to lose. Call OnderLaw today.