Has a pedestrian accident injured you or someone you love in Oxnard? Was this accident caused by someone else’s negligence resulting in severe injury or financial loss? If so, call the Oxnard personal injury attorneys at OnderLaw to learn how you can be compensated for your injuries through a personal injury claim or lawsuit. We’ve spent two decades helping accident victims of all kinds get the compensation they need to move on after their injuries. Don’t wait any longer. Call today for a free consultation, and get back on your feet after a pedestrian accident.

Why Do I Need an Attorney for My Pedestrian Accident?

Hiring a lawyer for a pedestrian accident in Oxnard might seem like an extravagance until you understand precisely how your attorney can help.

An attorney will help you get financial compensation to pay for medical expenses or lost wages by filing a personal injury claim with the responsible party’s insurance company. In some cases, it may be necessary to file a lawsuit against the responsible party directly. The claims process can be complex and time-consuming, and without the help of an experienced lawyer, it can quickly become overwhelming.

Your attorney will help make sure your claim is complete and fact-based. We will thoroughly investigate your pedestrian accident to determine who was at fault, gather evidence to support your claim, interview witnesses, and compile documentation such as medical records or accident reports. When you have the help of an attorney, you can leave the work to us and spend your time recovering from your injuries.

We will also help you understand how to determine how much compensation to demand. The goal is to restore you to your state before the accident occurred, and that means restoring your finances as well as your peace of mind. Understanding how losses and damages work is crucial to obtaining the full amount of compensation you’re owed.

Insurance companies can be hard to handle, especially when you’ve suffered severe injury. An insurance adjuster will likely contact you immediately after your accident and offer you a settlement, a cash amount to compensate you for your losses, and to induce you to drop any claim you have against the responsible party. They’re hoping that you won’t hire an attorney to review their settlement offer because they know it’s far less than what your injury is worth. An experienced lawyer will handle communications with the insurance adjusters and keep them from taking advantage of your inexperience. We will also negotiate a settlement covering all your losses to help restore you to your previous state.

Why Hire OnderLaw to Represent Me?

Accident victims choose us for quality legal help for many reasons.

First and foremost is our proven record of success. We work hard for our clients, and it shows: we’ve obtained well over $4 billion in awards and settlements since 2002.

Second is our experience. Our seasoned team of legal professionals handles claims of all shapes and sizes, from the defective product lawsuit worth hundreds of millions of dollars to the pedestrian accident with minor injuries. We care less about the size of your claim and more about getting you and your family the help you need.

The next reason is our level of service. When you visit our Testimonials page to hear from some of our past clients, you’ll see words like helpful, honest, integrity, personable, down-to-earth, dedicated, and positive. Our record of success gets clients in the door, but it’s our level of service that keeps them coming back. We treat our clients as they deserve to be treated.

And finally, our commitment to the community. We are proactive in helping those around us by donating time and money to charitable causes and organizations such as MADD, Toys for Tots, and the Lupus Foundation of America.

Pedestrian Laws in California

Here are some laws and statutes governing pedestrian activity in California:

  • Anyone who isn’t riding a bicycle or driving a vehicle is generally considered a pedestrian. A person in a wheelchair, on a skateboard, skates, or even a tricycle is viewed as a pedestrian in California.
  • It is illegal for pedestrians to stand in the roadway to solicit a ride.
  • Drivers must yield the right-of-way to pedestrians in any crosswalk or any intersection with an unmarked crosswalk.
  • Even when they have the right-of-way, pedestrians must still exercise due care when crossing an active roadway.
  • Jaywalking is illegal in California.

Types and Causes of Pedestrian Accidents

Pedestrian accidents can be as simple as being struck by a cyclist in a crosswalk or as serious as being hit by a vehicle traveling at high speed. Some common types of pedestrian accidents include:

  • Failure to yield accidents
  • Backing accidents
  • Dart out accidents
  • Left or right turn accidents
  • Freeway crossing accidents
  • Being struck by a cyclist
  • Hit-and-run accidents

The causes of pedestrian accidents also vary widely and usually involve a driver or cyclist not being careful around intersections and crosswalks. Some common causes include the following:

  • Distracted driving
  • Impaired driving
  • Failure-to-yield
  • Right and left turns
  • Driving around a vehicle stopped at a crosswalk
  • Speeding
  • Inclement weather
  • Bad road conditions
  • Low light conditions
  • Inadequate signage
  • Reckless driving
  • Inadequate surveillance

Common Injuries Suffered in Pedestrian Accidents

A pedestrian is at a disadvantage the moment they step out the door. Walking along any active roadway is dangerous. Injuries from pedestrian accidents tend to be more serious than injuries from car or truck accidents. The average American weighs around 175 pounds. When a vehicle weighing over twenty times that amount strikes a person, the results can be devastating, both from the initial impact and from the secondary impact when the person hits the ground. Pedestrian accidents can lead to severe injuries, such as:

  • Soft tissue injuries
  • Hip and knee injuries
  • Internal injuries
  • Organ damage
  • Spinal cord injuries
  • Traumatic brain injuries
  • Concussion
  • Whiplash
  • Broken bones
  • Abrasions
  • Road rash
  • Lacerations
  • Burns
  • Scarring
  • Sprains and strains
  • Coma
  • Death

Proving the Other Party Was Negligent

Obtaining compensation through an injury claim requires proving negligence or that the other party wasn’t doing all they should to keep others safe. California law requires that everyone act in a manner that doesn’t harm other people. If we can gather evidence to show that the party responsible for your accident was required to act in a certain way, they didn’t do so, and their negligence caused your injuries, we should be able to obtain compensation for you.

It’s important to note that you may be held partially responsible for the accident in some cases as well. California follows a pure comparative negligence doctrine, which means you may still recover compensation even if you are 99 percent responsible for the accident. For example, if a drunk driver injures you in a pedestrian accident in Oxnard but it’s discovered that you were jaywalking at the time, you may be held partially liable. This liability would be expressed as a percentage, and any settlement or award you receive would be reduced by that amount. If a judge or jury finds that you were 20 percent at fault, your award would be reduced by 20 percent.

Compensation for a Pedestrian Accident Claim

Compensation for pedestrian accidents depends on the circumstances of the accident and the injuries sustained. Your attorney can help you determine exactly how much compensation to demand from the responsible party’s insurance company. The more severe your injury or loss, the more compensation you should demand.

It’s impossible to predict the amount of compensation your claim might bring without a full review of your case and surrounding circumstances.

Compensation is meant to cover any losses attributed to the accident. These losses are called damages. Some losses are material, and some are not. Here are some examples of material or economic damages:

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

There are also noneconomic damages. These are losses relating to your mental state and overall well-being. Some examples include:

  • Pain and suffering
  • Scarring and disfigurement
  • Reputational damage
  • Loss of enjoyment
  • Loss of consortium

In cases of extreme malice, oppression, or fraud, your lawyer may recommend pursuing exemplary damages as well. These require a higher burden of proof and are intended to punish the bad actor for their conduct rather than to compensate you. Talk to your attorney to see whether your claim may be eligible for exemplary damages.

California and Oxnard Pedestrian Accident Statistics

Here are some statistics and information regarding pedestrian injuries and fatalities in Oxnard and elsewhere:

  • Pedestrian deaths nationwide increased by over 20 percent between 2019 and 2020.
  • Oxnard had eight total traffic fatalities in 2019, and all were pedestrians.
  • March is the most dangerous month in Oxnard for fatal pedestrian and traffic accidents.
  • 893 pedestrians were killed on California roads in 2018.
  • The pedestrian fatality rate in California is almost 25 percent higher than the national average.

Call OnderLaw Today

Don’t let a pedestrian accident in Oxnard affect your or your family’s financial future. Call the attorneys at OnderLaw today. California’s statute of limitations on personal injury lawsuits is only two years from the date of injury, so don’t delay. Call for a free, no-obligation consultation, and let us help you get the compensation you deserve. Call OnderLaw today.