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California Pedestrian Accident Lawyers

Pedestrian injury accidents are a growing problem in California. More people choose to walk as often as possible, which increases the risk of being struck by a negligent driver. Pedestrian accident injury claims can be complicated to resolve, which is why you need a skilled injury attorney representing you.

At Silva Injury Law, Inc., our California pedestrian accident lawyer understands how traumatic these types of accidents can be for victims and their families. We have years of experience representing injured pedestrians in California and can help you fight for the compensation you deserve. Contact us today to discuss your case.

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Types of Pedestrian Accidents

Pedestrians passing through prone to accident road in California.Our legal team has handled numerous types of personal injury losses, so we have pretty much seen it all. Pedestrian accidents often fall under a few main categories:

  • Intersection accidents, including pedestrians crossing in and out of a crosswalk;
  • Dart-outs, which is when a pedestrian suddenly appears out of nowhere, often due to a driver’s obstructed view;
  • Turning or merging, especially when approaching busy intersections;
  • Backing up collisions when a driver isn’t paying attention; and
  • Passing in front of a stopped vehicle or bus.

Both drivers and pedestrians have to pay attention and do their best to avoid accidents. Drivers need to pay extra attention to areas where pedestrians may be present, such as construction zones, crosswalks, school zones, etc. However, pedestrians must also do their part and watch for motorists who may not see them walking.

Common Causes of Pedestrian Accidents

A driver’s negligence causes most pedestrian accidents. Some of the most common causes of pedestrian accidents include the following:

  • Driving while fatigued;
  • Speeding and other traffic violations;
  • Reckless driving;
  • Distracted driving such as cell phone usage, looking at GPS, changing the radio station, eating, etc.;
  • Failing to see a pedestrian when making a left turn;
  • Driving under the influence of drugs or alcohol;
  • Workers on a roadway;
  • Lack of visibility; and
  • Failure to yield right of way.

Other factors can also contribute to pedestrian injury accidents. Pedestrians who are wearing dark colors at night are harder to see. Weather and other hazards can also impact a driver’s ability to see a pedestrian.

While California has laws designed to protect pedestrians, you still have to prove liability against the other party before collecting any compensation. Pedestrian injury accident claims are not necessarily easy to resolve, which is why you want an excellent legal advocate on your side.

California is a pure comparative negligence state, which means that you can collect a portion of your damages even if you are a percentage at fault for the accident. For example, if a jury finds you 20% at fault, you could collect 80% of your damages. Understanding how comparative negligence works is essential. The other party’s insurance company will be looking for any option to place more blame on you to reduce their potential payout.

Common Pedestrian Accident Injuries

Injuries in a pedestrian accident often tend to be catastrophic or even fatal. Pedestrians lack any protection in an impact compared to occupants in a vehicle who have airbags, seat belts, etc. A pedestrian’s body typically makes direct contact with the car during a collision.

Some of the more common pedestrian accident injuries we represent clients for include:

  • Fractured or crushed bones;
  • Organ damage;
  • Internal bleeding;
  • Spinal cord injuries (including paralysis);
  • Torn ligaments;
  • Lacerations, contusions, and road rash;
  • Leg and knee injuries; and
  • Traumatic brain injuries.

Some injuries may be permanent, leaving the victim disabled and unable to return to work. Victims may need lifelong medical care and have visible scars and debilitating emotional trauma.

Types of Compensation in Pedestrian Injury Accident Claims

Your potential compensation in a pedestrian accident claim is dependent on your injuries and the total amount of damages. In general, injured victims may be eligible to recover:

  • Medical expenses to date;
  • Future expected medical treatment costs;
  • Lost wages;
  • Loss of earning capacity;
  • Physical pain and suffering;
  • Emotional anguish; and
  • Disability.

Our California pedestrian accident attorney reviews each case independently. We will gather all necessary evidence and work to build the strongest case possible. Our priority is to help you hold the responsible party accountable for your injuries.

Wrongful Death Claims After a Pedestrian Accident

Unfortunately, some pedestrians die in the accident or ultimately pass away from their injuries. Surviving family members may have the legal right to bring wrongful death claims after a pedestrian accident. Certain family members may be entitled to compensation under California’s wrongful death statute if the driver was negligent, reckless, or acted intentionally.

If you can prove liability in a wrongful death claim, you could be entitled to receive financial compensation for damages, such as funeral and burial expenses, loss of financial support, and loss of companionship. Damages in a wrongful death claim are not those of the deceased but rather the losses of the surviving family members.

Contact Our California Pedestrian Accident Attorneys

Pursuing a pedestrian accident injury claim is often complicated. You should not attempt to negotiate a settlement on your own without a strong legal advocate on your side. Otherwise, you risk settling for less than your claim is worth. At Silva Injury Law, we have the experience and necessary resources to help you fight the at-fault driver’s insurance company. We are not afraid to take a case to trial either. We have a proven record of success in the courtroom and will provide the best representation to help you win your case.

 

Our experienced lawyers also handle other types of cases, including:

Contact Silva Injury Law, Inc., today to schedule an initial consultation. Meet with us to learn more about what your case is worth and how we can assist you in holding the negligent party accountable for your injuries.

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln