Sacramento Pedestrian Accident Lawyer

Sacramento offers several pedestrian pathways to encourage its citizens to walk the streets of our state’s capital. The most recent project that aids the city towards this goal involves a connected bike and walking path to Sacramento Valley Station and the areas immediately north. The city’s goal is to ensure walking is a preferred mode of transportation for trips, and to make destinations accessible within a 30-minute walk from every home.

Although this vision promotes a pedestrian-friendly environment, it also focuses on the importance of safety, as congested roads can contribute to serious accidents. Under California law, an injured pedestrian can file a claim against the liable party to secure compensation. To better the chances of acquiring a favorable outcome, it is encouraged for victims to seek legal representation.

At West Coast Trial Lawyers, our Sacramento pedestrian accident lawyers recognize that such accidents can not only leave victims with physical injuries, but emotional and financial burdens, as well. With over 20 years of legal experience, we are equipped to evaluate your accident, negotiate on your behalf, and get you maximum compensation to help with your recovery.

To schedule a free consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.

What Is a Pedestrian Accident?

A pedestrian accident occurs when a vehicle crashes into a person who is either walking, running, or standing near the roads. Since pedestrians do not have adequate protection against such a force, they are expected to sustain serious or catastrophic injuries that could become fatal. 

What Can Cause Pedestrian Accidents?

Pedestrian accidents can happen due to various reasons, each placing people at risk of encountering dangerous situations. Understanding its common causes, sectioned below, will make it easier to identify potential hazards and reduce future cases from occurring.

Negligent Driver

A driver’s negligence can greatly increase the likelihood of a pedestrian accident. Issues, like not paying attention to the road or ignoring traffic laws, will make it difficult for a driver to react quickly to a pedestrian who is crossing. Operating motor vehicles require constant awareness, and even a brief moment of using your cell phone or adjusting the radio can affect your ability to safely navigate yourself throughout the city and potentially hit a pedestrian. 

Inadequate Traffic Signs or Signals

Inadequate traffic signs or signals may prevent drivers from slowing down or stopping for pedestrians. This may also apply in cases where a broken traffic light is present. Allowing defective or damaged equipment to signal what drivers and pedestrians are allowed to do is dangerous, and can put them all at risk of an accident. Ultimately, these issues will reduce a driver’s awareness and understanding of pedestrian safety rules, making it more likely for collisions to happen.

Vehicle Defects

Vehicle defects can impact the safety of the driver and any pedestrians nearby. Non-functional components, like broken brakes, a bad steering system, or defective tires, can make it difficult for a driver to maintain proper control over the vehicle. Such problems can compromise a driver’s ability to respond quickly and effectively to pedestrians, thus increasing the probability of a crash.

What Happens if a Pedestrian Causes an Accident?

If a pedestrian causes an accident, they will either be found partially or fully liable for it. Under California’s comparative negligence law, all parties involved will be evaluated to establish the degree of fault.

So, if a pedestrian was jaywalking on a congested road but the driver was speeding, both sides will share responsibility. So in this example, if the pedestrian is 60 percent liable and the driver is 40 percent liable, compensation will be reduced accordingly. However, legal penalties, like fines, may be applied and affect the total awarded compensation, but, in severe cases, criminal charges could be enforced if such actions led to significant injuries or deaths.

Common Pedestrian Accident Injuries

Common pedestrian injuries often involve a range of conditions, like the following:

• Broken bones
• Traumatic brain injury
• Spinal cord injuries
• Internal injuries

Beyond physical pain, psychological trauma could also occur, including:

• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)

These can all have different levels of harm, and may require extensive medical treatment and rehabilitation to improve your quality of life.

What to Do After a Pedestrian Accident

After a pedestrian accident, it is important to take prompt action to protect your safety and legal rights. Following the steps listed below can make a big difference in your recovery and help better your chances at acquiring a reasonable settlement.

Contact Law Enforcement

If you notice any injuries or damages after the pedestrian accident, you should contact local law enforcement as soon as possible. Once they arrive, a police report will be made to record all the details of the accident. You can ask for a copy of the written document to use as evidence if you are planning on filing a personal injury claim. Emergency personnel may also be present to administer immediate care to those who are suffering from severe injuries.

Seek Medical Attention

Injured pedestrians should seek medical attention soon after the collision. Your doctor will assess the affected area and provide a diagnosis. From there, they will recommend treatment plans, like prescribed medication, physical therapy, or surgical procedures, to help you with the recovery process. Failing to get yourself examined in a timely manner may trigger your condition to worsen. In addition, the defendant could argue that your injury could have been caused by another factor or was not as serious as you claimed.

Share Information With All Parties Involved

Be sure to share contact, insurance, and vehicle information with all parties involved in the pedestrian collision. This is particularly important, should you wish to file a claim on the responsible party as it can cut down time to identify who is specifically at fault. 

Gather Evidence

To strengthen your legal claim, you should gather as much evidence as you can, including:

• Photos of your injuries, damages, and the scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Consult with a Sacramento Pedestrian Accident Lawyer

Once you have completed all of the following steps, it is recommended to hire a pedestrian accident lawyer to handle your case and to ensure your chances at recovering compensation. At West Coast Trial Lawyers, our Sacramento pedestrian accident lawyers specialize in personal injury cases and understand local rules and regulations. We can evaluate the information provided, explain what your legal options are, and share what potential compensation you could be entitled to based on the factors involved. You can also use our personal injury settlement calculator to get an idea of what you could be awarded once you have inputted the expenses you incurred from the incident.

Do Pedestrians Always Have the Right-of-Way?

Pedestrians do not always have the right-of-way. They are typically entitled to it when they are using a marked crosswalk to cross the street. But, it can vary when it comes to unmarked crosswalks. Pedestrians can still maintain the right-of-way, but drivers may not always be required to stop unless they see a person actively crossing the road.

Now, if a pedestrian causes an accident due to jaywalking during heavy traffic or crossing outside of designated areas, they could be held partially or fully liable for damages. Traffic signals could also determine the right-of-way. Pedestrians must comply with what it directs them to do. So, if they go against it by walking when it says “Do Not Walk,” it can invalidate their right-of-way. In addition, they may face legal repercussions if their actions contributed to an accident.

Wrongful Death Lawsuit Over a Pedestrian’s Death

A wrongful death lawsuit can be brought over pedestrian fatalities due to negligence or intentional actions caused by another party. The decedent’s estate or surviving family members can seek compensation for their losses. To establish such a claim, the following elements should be demonstrated:

• The plaintiff must prove that the defendant exhibited reckless behavior
• The plaintiff will need to show how the negligence directly caused the pedestrian’s death
• The plaintiff will have to provide evidence of damages they sustained due to the victim’s passing

The court will assess the information provided and determine what amount of compensation should be distributed to the estate or surviving family. Some common types of damages that are often awarded in a wrongful death case include:

• Hospital fees
• Funeral and burial expenses
• Emotional distress
• Loss of financial support
• Loss of consortium

How Long Does it Take to Settle a Sacramento Pedestrian Accident Case?

Pedestrian accident lawsuits must be filed within two years from the date of the incident as per section 335.1 of California’s code of civil procedure. It is encouraged for victims to act fast to prevent delays from affecting the filing process. Be sure to gather substantial evidence to strengthen your claim. You can also hire a qualified Sacramento pedestrian accident lawyer to guide you through the legal process and get you full and fair compensation. If you exceed the deadline, you will no longer be given the opportunity to seek compensation.

Recoverable Damages in Sacramento Pedestrian Accidents

Recoverable damages in a pedestrian accident case will vary depending on what unique challenges are involved. The court will consider the following factors when calculating and distributing what kind of compensation should be owed:

• The extent of your injuries
• Current and future medical expenses
• Lost income and earning capacity
• Percentage of fault

Generally, economic damages and non-economic damages are awarded in a pedestrian accident lawsuit. In rare instances, punitive damages could also be given.

Economic Damages

Economic damages are tangible costs you incurred as a result of the pedestrian collision, such as hospital fees, lost wages, property damage, and medical expenses such as like physical therapy and surgery. These costs always have a determined calculable value and depending on the severity of the accident, these damages can be estimated to a significantly high value. 

Non-Economic Damages

Non-economic damages are defined as intangible losses that do not have a certain monetary value. For instance, non-economical damages like emotional distress, loss of enjoyment of life, and pain and suffering are all subjective by nature and will vary from person to person. 

Punitive Damages

Punitive damages are a type of compensation that is primarily aimed to punish the wrongdoer for exhibiting harmful or reckless behavior and preventing others from performing similar conduct. It has been awarded in about 5 percent of verdicts and serves as a rare form of damages to provide the victim and their family a sense of justice and closure. To prove punitive damages, you will need to show how the defendant acted with intentional misconduct, gross negligence, or malicious behavior.

Our Sacramento Pedestrian Accident Attorneys Are Here to Help

Pedestrian accident victims are given the right to sue the liable party to recover compensation. At West Coast Trial Lawyers, we understand that cases like this can come with legal complications, which is why we take a strategic approach with each one we handle. Our top priority is to ensure we provide the best outcome possible for our clients, and our strong track record speaks to our effectiveness. With our transparent communication and 24/7 accessibility, you can trust us to support you every step of the way.

To schedule a free consultation with a Sacramento pedestrian accident attorney, you can get in touch with us by calling (213) 927-3700 or filling out our convenient online contact form.