Oakland Pedestrian Accident Lawyers
People travel by foot on the streets of Oakland each day in the state of California. Given the hectic nature of California traffic, collisions with pedestrians do occur. When a motor vehicle collides with another vehicle, though damage may occur, there’s often a barrier between the two drivers consisting of metal, plastic, and airbags.
Unfortunately, there’s not much to protect a pedestrian from serious or potentially fatal injuries when they’re struck by a motor vehicle. If you’re injured in a pedestrian accident in Oakland, you may be entitled to significant compensation.
Contact the Oakland personal injury lawyers of OnderLaw, LLC for your pedestrian accident needs. Feel free to give us a call at (314) 963-9000 or contact us online to schedule a free consultation. Our firm doesn’t require payment by you until we’ve obtained money for you.
Why Do I Need a Lawyer?
A lawyer is a great resource to have when you’re involved in a pedestrian or other personal injury accident. An attorney will investigate your claim to see whether there’s a solid case, recover the evidence and documents necessary to file a claim, and negotiate with insurance providers on your behalf to secure the compensation you deserve.
Additionally, an attorney can help you identify your next steps in the event that your claim is denied or an appropriate settlement can’t be reached. Insurance companies are always looking for opportunities to penny-pinch and save money. Your personal injury case is no exception. A skilled attorney knows this and will stop at nothing to get you the compensation you deserve.
When you’re injured in an accident, it’s important for you to have a solid support system backing you. Having an attorney allows you to focus on your recovery while they focus on the lengthy and time-consuming process of filing and pursuing a personal injury claim.
Why Choose OnderLaw, LLC?
OnderLaw, LLC is a trusted resource for all things personal injury in Oakland and beyond. We serve many clients involved in an array of personal injury cases. Since our founding in 2002, we’ve gone on to achieve great success throughout the years. In fact, we’ve recovered over $3 billion for our clients, and we’re not stopping there. Should you choose OnderLaw, LLC to handle your case, you can feel confident that your claim is in the hands of some of the most competent and accomplished attorneys in the state of California and throughout the continental United States.
We’re proud to declare that our firm and our partners are members of some of the most prestigious legal organizations in the nation. Some noteworthy organizations which have graciously offered us membership include the Million Dollar Advocates Forum, Super Lawyers, and Rue Ratings Best Attorneys of America. Two of the three mentioned organizations only award membership to less than 1% of all U.S. lawyers.
We’re dedicated to obtaining justice for those involved in accidents in Oakland and beyond, preserving and advocating for their rights, and fighting for the full amount of compensation owed to them. Allow us to do the same for you.
Pedestrian Laws in California
Just as there are traffic laws and expectations of drivers, the same goes for pedestrians. Laws about pedestrians in the state of California include the following:
- Drivers are expected to slow their speed when approaching crosswalks and must yield to pedestrians at crosswalks.
- Drivers are only allowed to drive on sidewalks when they’re entering a driveway or alley. When crossing, drivers are expected to yield to pedestrians.
- Drivers aren’t permitted to stop in the middle of crosswalks as they may pose a danger to pedestrians.
- Drivers are expected to yield to pedestrians that make eye contact with them. Eye contact by a pedestrian signifies that they are ready to cross the street.
- Drivers are expected to allow sufficient time for pedestrians to pass, especially pedestrians that are older, are children, or are disabled.
- Drivers are expected to obey signs concerning pedestrians.
- Law section (ca.gov) – Pedestrians should stay on the side of the road and use crosswalks.
- Law section (ca.gov) – Pedestrians must yield to traffic if they’re not in a crosswalk
- Law section (ca.gov) – Pedestrians must use the crosswalk between traffic signals.
Types of Pedestrian Accidents
Just as there are several types of car accidents possible, there are varying types of pedestrian accidents. The most common types of pedestrian accidents that occur include:
- Backing vehicle accidents
- Work or play accidents
- Highway crossing accidents
- Off-road accidents
- Roadside accidents
- Intersection accidents
Causes of Pedestrian Accidents
The causes of pedestrian accidents aren’t dissimilar from the causes of car and other motor vehicle accidents. Some of the most common causes of pedestrian accidents include:
- Drunk driving
- Drugged driving
- Distracted driving
- Drowsy driving
- Failure to yield
- Failure to obey traffic and pedestrian laws
- Heavy rain or fog
Common Injuries Suffered in Pedestrian Accidents
There are many injuries possible in a pedestrian accident. These injuries are often more severe than the injuries you may sustain in a typical motor vehicle accident with another driver, in part because a pedestrian is unprotected by the steel wrappings that surround a vehicle’s occupants. The most common injuries suffered by victims in pedestrian accidents include:
- Fractured, displaced, or broken bones
- Traumatic brain injury (TBI)
- Neck and spine injuries
- Shoulder and elbow injuries
- Hand and wrist injuries
- Knee damage
- Soft tissue damage
- Ankle and foot injuries
- Concussions and contusions
- Amputation or disfigurement
- Burns and road rash
- Lacerations and abrasions
- Sprains and strains
- Cuts and scrapes
Proving the Other Party was Negligent
It’s generally simple to determine which party is at fault in a pedestrian accident.
If you’re in an accident caused by the negligence of a driver, they’re at fault for your accident. For example, say you’re crossing at a crosswalk, and you’re hit by a driver who’s speeding and texting while driving. It’s obvious in this scenario that the driver who collided with you is at fault for your injuries. If this is the case, you’ll seek to recover compensation from their insurance provider.
If you’re involved in a pedestrian accident with an uninsured or underinsured motorist, you’ll recover compensation through uninsured/underinsured motorist (UM/UIM) coverage through your own insurance provider. California doesn’t require that you have uninsured/underinsured motorist (UM/UIM) coverage included in your insurance policy, but the insurance company will have required that you deny UM/UIM coverage in writing at the time you bought your policy. They need this written proof of a denial of this coverage for just such a circumstance as the hypothetical above.
Compensation for a Pedestrian Accident Claim
The amount and types of compensation available to you as the victim of a pedestrian accident depend on several factors surrounding your case. However, the most important factors are the severity of the injuries you sustained and the length of time you’re in recovery. The types of compensation generally available to victims of pedestrian accidents include:
- Medical expenses. When you’re the victim of a pedestrian accident, it’s likely you’ll incur a number of medical bills. You may be entitled to compensation to cover your medical expenses that arise as a result of the injuries from your accident. Medical expenses include things like ambulance rides, hospital visits, ER visits, casts, x-rays, surgeries, rehabilitation, prescriptions, and more.
- Lost wages. When you’re injured in a pedestrian accident, you may need to take time away to work to recover. As a result, you may lose your ability to earn a living for yourself during the time you’re nursing your injuries and getting your health back. You may be able to recover damages for the wages you lose.
- Lost earning capacity. Unfortunately, you may have been involved in a pedestrian accident so devastating that you developed a disability or injuries so severe that you’re unable to return to work or perform your regular job duties at your full capacity. This inability to perform may result in your pay being docked or you being let go from your job altogether. Fortunately, you can seek to recover compensation for your lost earning capacity due to your accident and the injuries associated. This includes compensation for past, present, and future lost earning capacity.
- Emotional distress. Your accident may have been so traumatic for you that you develop emotional disturbances or a mental health disorder such as depression, anxiety, or post-traumatic stress disorder (PTSD). You can seek to recover damages for the emotional stress your accident caused you.
- Pain and suffering. It should go without saying that your accident may have caused you and your loved ones great pain and suffering, both physical and otherwise. You can receive compensation for the pain and suffering you’re forced to endure during and in the aftermath of your accident.
- Loss of enjoyment. Your accident may have been so catastrophic that you developed a disability or injuries so devastating that you’re unable to take part in activities you once derived joy from before you were injured. You may be eligible to recover damages for your loss of enjoyment of life.
- Property damage. You may have had items that were lost or damaged in your accident. You may receive compensation for all property lost, damaged, or destroyed in your accident.
Oakland and Greater California Accident Statistics
Pedestrian accidents occur throughout the nation every day. Here’s a look at the statistics in the city of Oakland and Greater California:
According to the City of Oakland, 33% of all pedestrian deaths in the city occur due to drivers failing to yield at crosswalks.
The California Office of Traffic Safety (OTS) reveals that 893 pedestrians were killed in California over the course of the 2018 calendar year.
The Governors Highway Safety Association noted 519 pedestrian deaths in California during the first half of 2019.
Contact an Oakland Pedestrian Accident Attorney
If you’ve been injured in a pedestrian accident in Oakland, contact the legal team at OnderLaw, LLC today. Give us a call at (314) 963-9000 or contact us online to schedule a free consultation.