Did you suffer injuries in a pedestrian accident? Was it due to another person’s negligent actions? If so, you might be entitled to compensation. The Stockton personal injury lawyers of OnderLaw could help you build a solid case and hold the at-fault party liable for their misconduct.

Accidents involving pedestrians are often life-threatening. The injuries you sustain can be debilitating and require expensive medical treatment to heal. In 2019, 6,205 pedestrians died in traffic-related accidents. They represented 17 percent of all fatal crashes.

When someone experiences the force of an impact from a motor vehicle, their body suffers significant trauma. Unlike the occupants of cars, pedestrians don’t have anything protecting them from harm. They end up with catastrophic physical injuries and can develop psychological issues that last a lifetime.

At OnderLaw , our Stockton pedestrian accident lawyers know what it takes to hold people accountable for their actions. We will investigate the crash, gather all necessary evidence, and fight for the maximum compensation possible when you hire us. We will be your advocate and work hard to reach a favorable outcome for your claim or lawsuit. Call us for your free consultation today to learn about your legal options.

Why Do I Need a Lawyer? Why Choose OnderLaw ?

OnderLaw provides one-on-one attention to every client that hires us. You will be our top priority as we’re developing the appropriate strategy to achieve your goals. We believe in open and honest communication throughout every case we take. We will stay by your side to give you the support and guidance you need to get through this traumatic experience.

We understand the economic burden you face after an accident. You have expensive medical bills you can’t afford and worry about how you’re going to pay for the treatment you need to heal. We take cases on contingency, so you don’t have to worry about additional expenses for hiring a lawyer. We won’t collect our legal fees and costs unless we secure compensation for you. If we lose your case, you will never owe us for our services.

The Stockton pedestrian accident lawyers of OnderLaw hold an AV® rating from Martindale-Hubbell and have received various awards and accolades from prestigious legal organizations. We fight for our clients and take the necessary action to help keep Stockton residents safe. Our dedication to accident victims has inspired us to support charitable organizations, such as Mothers Against Drunk Driving, Parents for Window Blind Safety, and Toys for Tots.

Pedestrian Laws in California

Pedestrians have the same rights as motor vehicle drivers. You should remain safe from harm when crossing the street, walking through parking lots, and entering intersections. Motorists must follow these California laws when encountering pedestrians:

  • Reduce speed and stop if necessary for a pedestrian at a crosswalk or corner, whether there are traffic signal lights, painted lines marking the crosswalk, or the crosswalk is in the middle of a block.
  • Never drive on a sidewalk unless it’s necessary to exit or enter an alley or driveway, and yield to crossing pedestrians.
  • Proceed with caution at stopped vehicles and watch for pedestrians walking in front.
  • Don’t stop in a crosswalk at a red light. Stop before it.
  • When turning right at a red light, check for crossing pedestrians before proceeding.
  • Yield to pedestrians already in an intersection when there’s a stop or yield sign.
  • When approaching a T intersection without a yield or stop sign, yield to pedestrians walking across the road.

 

If a driver violates any of these rules and causes your injury in an accident, you could hold them financially liable for your resulting costs. Your hospitalization, physical therapy bills, and other expenses should not be your responsibility if someone else’s actions were entirely to blame.

Types and Causes of Pedestrian Accidents

Pedestrian accidents can happen in various scenarios. The most common types include:

  • Backing up accidents – Whenever a driver backs out of a parking space, they must check for people walking behind their vehicle. Someone distracted or in a rush might not look behind them and hit a pedestrian with their car.
  • Hit and run accidents – Many hit and run accidents are “hit and run” because the motorist who caused the accident doesn’t want to get in trouble. Maybe they were drinking and fear being arrested, so they flee the scene before law enforcement arrives.
  • Crosswalk accidents – A crosswalk exists so that people may cross the road safely. However, some drivers don’t yield when they should and crash into pedestrians already in the crosswalk.
  • Right turn accidents – Turning right requires checking for crossing pedestrians on the street the driver is on and on the street the driver is turning onto. Failing to yield to a pedestrian entering the road can have devastating consequences.
  • Left-turn accidents – Motorists must always check for oncoming vehicles and pedestrians before making a left-hand turn. The driver must stop their car and allow the pedestrians to cross at a green light or walk signal.
  • Jogging accidents – Pedestrian accidents don’t only occur on the road. An inattentive driver could drift onto a sidewalk. These types of collisions are common at night when visibility is poor.

 

Any of these situations can arise for a range of reasons. The most common causes of pedestrian accidents include:

  • Driver distraction – In 2019, distracted driving caused 3,142 deaths. Pedestrians can suffer life-threatening injuries if a driver isn’t focusing on a crosswalk ahead.
  • Driving under the influence – Alcohol and drugs significantly reduce a person’s driving abilities. Physical and mental function isn’t as sharp as usual, causing a driver to react slower or not notice someone walking across the road at all.
  • Speeding – Driving over the speed limit prevents the motorist from having total control of their car. If they’re approaching a crosswalk too fast, they can’t stop in time to avoid colliding with a pedestrian already in the middle of the street.
  • Failure to yield – Drivers must yield to pedestrians whenever necessary. Blowing through a stop sign or turning right at a red light before looking where the car is meant to go places pedestrians in harm’s way.
  • Reckless driving – Weaving in and out of traffic or behaving dangerously at the wheel increases the risk of an accident. A motorist could lose control and swerve into people walking along a sidewalk.

 

No matter what the cause of a pedestrian accident, you deserve compensation for the losses you suffered. Another person’s carelessness put you in this position, and they should be held accountable.

Common Injuries Suffered in Pedestrian Accidents

Pedestrians typically suffer severe injuries. If you were involved in a pedestrian accident, you probably need ongoing care to recover. The most common injuries from this type of accident are:

  • Broken bones
  • Traumatic brain injury
  • Internal damage
  • Spinal cord and back injuries
  • Loss of limb or amputation
  • Facial and dental injuries
  • Significant disfigurement
  • Paralysis
  • Crush injuries
  • Disability

 

The aftermath of a pedestrian accident can be stressful and overwhelming. When you’re in pain and shock, the last thing you want to do is file an insurance claim and negotiate for a settlement. OnderLaw can handle the legal aspects of your case so you can focus on healing.

Proving the Other Party Was Negligent

Negligence is the failure of one party to take reasonable care in avoiding causing harm to someone else. Pedestrian accidents often result from negligent actions. If there’s substantial evidence proving the driver was at fault for your injuries, you could hold them liable.

California is a fault car accident state. That means a driver responsible for a crash becomes liable for the injured party’s losses. You could file an insurance claim with the at-fault motorist’s car insurance company even though you were a pedestrian at the time of the accident.

Every motor vehicle owner must buy and maintain car insurance with these minimum liability limits:

  • Bodily injury to one person – $15,000
  • Bodily injury to more than one person – $30,000
  • Property damage – $5,000

If there’s evidence to submit to the insurance company that the driver’s actions were to blame, you could seek compensation for your medical bills and other costs.

Compensation for a Pedestrian Accident Claim

During an insurance claim, you can pursue a settlement to compensate for the losses you suffered in the accident, such as:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Damage to personal property
  • Loss of enjoyment of life
  • Emotional distress
  • Physical impairment or disfigurement

 

In a lawsuit, you could also seek exemplary damages. Instead of compensating you for your losses, an award of this type punishes the at-fault driver for their wrongdoing. To receive this financial award, you must provide the jury with clear and convincing evidence that the driver acted with malice or intended to commit fraud or oppression.

California and National Accident Statistics

Between January and June 2020, there were 2,957 pedestrian deaths in the United States. Most fatalities (74 percent) happened in areas that weren’t intersections, while 25 percent occurred at intersections. During the same period in California, 485 pedestrians died in motor vehicle accidents. Additionally, California was one of seven states that represented 54 percent of all pedestrian deaths.

In 2019, 460 pedestrians were killed between January and June in California. In Stockton, there were 38 fatal accidents during 2019. Twenty-six pedestrians were involved in deadly crashes.

Contact OnderLaw Today

OnderLaw has represented accident victims since 2002. We take great pride in the reputation we have built and maintained over the years. When you hire us, we will put forth our best efforts to try to reach your desired outcome. Our Stockton pedestrian accident lawyers will fight by your side for the justice and compensation you deserve.

If you sustained injuries in a pedestrian accident due to someone else’s negligence, call OnderLaw for your free initial consultation.