Understanding Your Rights in Pedestrian Injury Claims with a Pedestrian Accident Attorney in California

California is a beautiful and diverse state, known for its warm weather, stunning landscapes, and bustling cities. It’s no wonder that people love walking around and exploring the Golden State on foot pedestrian accident attorney in California

Talk to an Experienced Pedestrian Accident Attorney

With the increase in pedestrian traffic, there is also an inherent risk of accidents involving motor vehicles and pedestrians. In such cases, understanding your personal injury rights in pedestrian injury claims is essential. That’s why you should consult with a pedestrian accident attorney in California without delay.

Common Types of Injuries in Pedestrian Accident Cases

Common pedestrian injuries often are serious and may include severe back pain, head injuries, fractures, and spinal cord injuries. Moreover, many of the injuries require surgery and physical therapy before the patient can walk again or get back on their feet.

California’s  Pure Comparative Negligence Law

When it comes to personal injury claims, California follows a pure comparative negligence law. This means that if a pedestrian is involved in an accident with a vehicle, both parties may share fault for the incident. In this scenario, any compensation awarded to the pedestrian is reduced by the percentage of their responsibility for the accident.

For example, if a pedestrian is found to be 20% at fault for the accident and receives a $100,000 settlement, they would ultimately receive $80,000.

The state allows you to collect damages even if you’re 99% at fault. California does not cap the amount of fault at 50% – something which is done is in modified comparative negligence states.

Common Causes of Pedestrian Accidents

Pedestrian accidents can occur for various reasons; however, some common causes are driver inattention, speeding, disobeying traffic laws and signals, driving under the influence of drugs or alcohol, or even poor road conditions.

Therefore, a pedestrian often receives the full amount of the settlement in pedestrian personal injury cases. To ensure that your claim has merit and is successfully filed then, you should speak with a pedestrian accident lawyer in California to understand your rights and find out what you need to do. 

How to Play It Safe While Walking

When you walk in your neighborhood, you should take certain precautions. The following tips can help you stay safer when you’re walking.

  • Always make sure you’re seen. Wear bright-colored clothing during the day or carry a flashlight when you walk after dark. You should also wear reflective clothing at night.
  • Stay on the sidewalk and don’t jaywalk.
  • Stay sober.
  • Make eye contact with drivers. Don’t assume a driver sees you.
  • Don’t walk and talk or text on your phone. Doing so distracts you from paying attention to what’s around you.
  • Look before you step at a cross street – obey the traffic light and stay alert for turning vehicles.
  • Always look left-right-left before you cross a street.

California Pedestrian Accident Statistics

As noted, California is an inviting state in which to engage in walking or biking. However, the state’s pedestrian fatalities are almost 25% higher than the U.S. average. In fact, no state has more pedestrian deaths on the roadways than the Golden State. So, you need to make sure you’re extra careful when you’re engaged in pedestrian activity.

Filing a Pedestrian Injury Claim in California

In the event of a pedestrian accident involving a motor vehicle in California, it is essential to take immediate action. You should:

1. Seek Medical Attention Immediately

Your health always comes first. Even if you feel fine initially after an accident, you may have sustained internal injuries or traumatic stress. Get checked out as soon as possible after an accident.

2. Report the Accident to the Police

Always report your accident to ensure that there is appropriate documentation and evidence related to the incident. That means giving your version of the accident to the police.

3. Gather Information

If possible, collect the names and contact information of any witnesses at the scene. Take photos of your injuries and gather evidence related to the event.

4. Consult with a Personal Injury Attorney

An experienced personal injury attorney, especially one who specializes in pedestrian injury cases in California, will protect your rights and assist you throughout the claims process. They will ensure that you receive fair compensation for your injuries.

Statute of Limitations

It’s essential to act promptly following a pedestrian accident, as California has a statute of limitations on personal injury claims. Generally, you have two years from the date of the accident to file a claim. While exceptions do exist, it is always best to act quickly and consult an attorney as soon as possible after the incident.

Why It’s Important to Be Proactive

Once more, as a pedestrian involved in an accident in California, it is important to understand your personal injury rights to ensure fair compensation for your losses. 

By seeking medical attention promptly, working with law enforcement officials, gathering the needed information, and consulting with a  pedestrian accident lawyer, you’ll increase your chances of achieving a favorable outcome in your case. 

Always remember to exercise caution and be attentive while walking along busy roads or in urban areas. Your safety and well-being are paramount.

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Call a Pedestrian Accident Attorney Now

Have you been injured in a pedestrian accident? Are your medical bills overwhelming you? Do you want to know more about your rights? If so, you should contact a pedestrian accident attorney in California as soon as possible. In California, contact the Belal Hamideh Law to schedule a consultation today.