If someone else caused your injuries in a pedestrian accident, you might be entitled to compensation. The Orange County personal injury lawyers of OnderLaw could help you determine who should be held liable and pursue a case against them. You should receive the money you need to pay for your medical treatment and other expenses if another person’s carelessness caused the accident.

Pedestrians have a much higher risk of severe injuries than the occupants of vehicles. During a collision, their body suffers the full force of the impact. There’s nothing protecting them from physical harm when a car crashes into them. Unfortunately, fatalities are common in pedestrian accidents. They account for 17 percent of all traffic-related fatalities. In 2019, 6,205 pedestrians were killed in accidents.

Our Orange County pedestrian accident lawyers are ready to begin working on your case and developing a strategy to hold the negligent driver accountable. We will do our best to meet your needs and reach a positive outcome in your case. We will not give up without a fight and will tirelessly seek the maximum compensation you deserve. For your free consultation, call OnderLaw today.

Why Do I Need a Lawyer?

One of the biggest mistakes you could make is choosing not to file an insurance claim or trying to handle one without hiring a lawyer. After an accident, you face different types of treatment and medical costs that can total thousands of dollars. It’s stressful and overwhelming recovering from an injury. If you add financial worries and legal responsibilities on top of that, it can become too much to handle.

An experienced attorney can take over your case, so you only need to focus on your doctor’s appointments. You shouldn’t have to investigate the accident or figure out where to find evidence. Negotiating with the insurance company can be intimidating, especially if you don’t know the amount of compensation you deserve. The adjuster might take advantage of you and provide a lowball offer. It might be tempting to accept any money you can get to pay for your medical bills.

Unfortunately, unrepresented claimants often receive lower compensation than those who seek legal representation. Most accident victims don’t know how to build a case to prove that someone else should be held liable for their injuries and losses from the accident. If you have a legal advocate on your side, you have a better chance of securing the maximum available settlement, so you’re not left with out-of-pocket expenses.

Types of Accidents

What some people don’t realize is that pedestrian accidents don’t occur just at crosswalks. A range of locations can become the site of an accident if there’s a careless or negligent driver nearby. The most common types of pedestrian accidents are:

  • Parking lot accidents – Drivers that don’t look behind them before backing out of a parking space could crash into someone walking past their car.
  • Right-turn accidents – A motorist can turn right at a red light in some situations. However, they must stop and only proceed after checking for crossing pedestrians. If they don’t slow down or yield, they put anyone trying to cross the road at risk.
  • Crosswalk accidents – Crosswalks are available for people to walk to the other side of the street safely. Drivers must yield to anyone entering or already in the crosswalk.
  • Jogging accidents – Pedestrians running on the right side of the road or walking along a sidewalk could find themselves on a collision course with a vehicle if the driver drifts off the street or swerves out of the way of a pothole or debris.

Different scenarios can lead to a dangerous collision. The most common causes of pedestrians accidents include:

  • Failure to yield the right of way
  • Distracted driving
  • Weaving in and out of traffic
  • Running a stop sign or red light
  • Driving under the influence of alcohol or drugs
  • Speeding
  • Reckless driving

You have the right to hold the at-fault driver liable no matter what they did to cause the accident. Even if the vehicle hit you at a low speed, you probably sustained some type of injury and needed medical attention. The bills you receive should not be your responsibility if your actions didn’t cause the crash.

Common Injuries Suffered in Pedestrian Accidents

Injuries from pedestrian accidents are usually debilitating or life-threatening. Even if you recover from your physical injuries, you can suffer lifelong struggles with anxiety, post-traumatic stress disorder, and phobias. A pedestrian accident can impact every part of your life and prevent you from working, caring for your family, or participating in the activities you used to enjoy.

The most common injuries caused by pedestrian accidents are:

  • Puncture wounds
  • Road rash
  • Loss of limb
  • Crush injuries
  • Soft tissue injuries
  • Broken bones
  • Psychological damage
  • Spinal cord injuries
  • Paralysis
  • Internal bleeding
  • Concussion
  • Traumatic brain injury

Pursuing legal action against the driver while also struggling to heal your injuries is too much of a burden for anyone to bear. OnderLaw understands the uphill battle you face and will guide you through the process, so you know what to expect from the legal road ahead.

What Compensation Is Available?

Just because you were a pedestrian at the time of the accident doesn’t mean you can’t file a car insurance claim. California follows a traditional fault system. That means the at-fault driver becomes financially responsible for the injured person’s losses.

It’s a legal requirement for all drivers to buy and maintain car insurance with minimum liability limits for bodily injury and property damage. This coverage could compensate for the accident victim’s losses if the driver were at fault for the crash.

The losses you can pursue in a liability insurance claim are:

  • Lost wages
  • Lost earning capacity
  • Past and future medical expenses
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Physical impairment or disfigurement
  • Personal property damage

If the driver’s liability limits aren’t high enough to satisfy your total losses, or you discover that they don’t have car insurance, you might be able to file a UM claim with your own insurance company. Uninsured/underinsured motorist (UM) coverage is optional in California. The insurance company must offer it to you, but you’re under no obligation to add it to your policy.

If you have UM insurance, you could file a claim for some of the losses you suffered in the accident. Unfortunately, UM insurance companies don’t provide compensation for all available losses in a liability claim. You can only seek money for medical bills, lost wages, property damage, and maybe pain and suffering.

What to Do After a Pedestrian Accident

If you were a pedestrian who was injured when a negligent driver’s actions led to an accident, you must take immediate steps to recover compensation. Insurance companies require solid proof that an injury occurred in the crash instead of from a preexisting condition. Medical records are vital to proving what happened, the type of treatment sought, and the costs incurred from each appointment.

After leaving the accident scene, go to the hospital. A doctor should diagnose your injury and recommend a treatment plan. If you need to follow up with them or another physician, make sure to continue with your treatment until you recover or reach maximum medical improvement. That means you recovered as much as possible, and further treatment likely won’t improve your condition.

Within days of the accident, it would be best to hire an Orange County pedestrian accident lawyer. It’s critical to avoid waiting too long before retaining someone’s legal services. You will need someone with experience handling the investigation and obtaining all necessary evidence to prove your case. If you pursue compensation independently, you will most likely end up with a denied insurance claim or walk away with thousands of dollars less than you deserve.

Why Choose OnderLaw?

At OnderLaw, we take pride in our reputation. Since 2002, we have secured over $3.5 billion in settlements and awards for our clients. We received awards and accolades from various prestigious legal organizations, including Super Lawyers, Martindale-Hubbell, and the Million Dollar Advocates Forum.

We put our skills to good use by providing the legal services accident victims need and the support the members of our community deserve. We participate in multiple charities and fundraisers to provide a safe place for residents to live and flourish. We proudly support Parents for Window Blind Safety, Mothers Against Drunk Driving, and St. Louis Ovarian Cancer Awareness, to name just a few.

Our Orange County pedestrian accident lawyers don’t want you to suffer additional expenses during your case. That’s why we work on contingency, meaning we don’t charge upfront fees or costs. We don’t get paid unless you get paid. We also offer an initial consultation for free, so you’re not forced to spend any money to receive the legal advice you need after an accident.

Contact OnderLaw for a Free Consultation

At OnderLaw, we take accident cases seriously. We know what’s at stake and the importance of recovering the maximum available compensation for your losses. We work hard to seek justice for our clients and achieve favorable results.

If you suffered injuries in a pedestrian accident, contact OnderLaw for a free consultation with one of our Orange County pedestrian accident lawyers.