San Francisco Pedestrian Accident Lawyer

Pedestrian accidents are some of the deadliest types of accidents that can happen on the road. Due to the limited protective measures people have against an oncoming vehicle, the chances of suffering catastrophic injuries is very likely. According to a Pedestrian Safety report from the California Office of Traffic Safety, California’s pedestrian fatality rate is almost 25% higher than the national average, which means that the chances of becoming fatally injured is higher than any other state in the country.

If you or a loved one have suffered injuries in a pedestrian accident, you may be entitled to receive compensation for your losses. At West Coast Trial Lawyers, our dedicated team of pedestrian accident lawyers are ready to take on your case and serve as your personal legal counsel. We are a personal injury law firm with over 20 years of experience and our team of attorneys have handled a variety of pedestrian accidents from collisions to catastrophic accidents that lead to wrongful death claims.

As a result of our dedication, we have recovered over $1.7 billion in financial compensation to our deserving clients and our compassionate team of attorneys understand how difficult filing personal injury claims can be especially if you are injured. So if you have any questions or concerns regarding your case, our team of attorneys are available 24/7 to address them and put your mind at ease.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or by filling out our quick online contact form.

Pedestrian Laws in California

Due to the nature of pedestrian accidents and the amount of harm they can deliver, a number of laws have been established to ensure the safety for those who travel on foot. The following regulations ensure all parties, including pedestrians, drivers, and cyclists, are able to cautiously interact with one another when sharing the road.

• CVC 21950 requires drivers to yield the right-of-way to pedestrians within marked or unmarked crosswalks. But, pedestrians cannot abruptly leave the curb, especially if they are walking in an oncoming vehicle’s path.
• CVC 21955 states that pedestrians must use a crosswalk if traffic control signal devices or police officers are present.
• Under CVC 21954, pedestrians outside crosswalks will need to yield the right-of-way to vehicles so near as to constitute an immediate hazard.
• CVC 21200 clarifies that cyclists must withhold the same duties and responsibilities as motor vehicle drivers, meaning that they have to yield to people who are using marked or unmarked crosswalks at intersections. Failing to comply with this law can increase the likelihood of bicycle accidents involving pedestrians.

If anybody is caught violating any of these laws, they will not only be subjected to a series of fines and penalties, but they can also be potentially held liable for their actions, especially if they have caused the accident in question.

What Causes Pedestrian Accidents?

There are a variety of different scenarios that can contribute to a pedestrian accident, however, from what is typically seen in the San Francisco bay area, accidents involving pedestrians tend to occur due to a person’s negligence or recklessness. Should you sustain serious injuries in a pedestrian accident due to any of the following incidents, it is recommended to discuss your personal injury case with an accident attorney.

• Distracted Driving
• Drunk Driving
• Public Intoxication
• Bad Weather
• Reckless Driving
• Failing to Yield
• Illegal U-Turns
• Malicious Driving
• Road Rage

Most Common Injuries in Pedestrian Accidents

When it comes to identifying the most common injuries in a pedestrian accident, brain injuries, spinal cord injuries, and internal injuries are prevalent. As each injury presents its own set of challenges and symptoms that can drastically alter a person’s life for the worse, it is recommended to be familiar with these injuries should you or someone you know ever get into a pedestrian accident.

Brain Injuries

A traumatic brain injury is defined as a brain dysfunction caused by a forceful bump, blow, or jolt to the head. Depending on the severity of the injury, brain injuries can result in deteriorating physical and cognitive functions.

Should a pedestrian accident victim sustain a brain injury, it is highly recommended that they seek immediate medical attention in order to remedy their symptoms before their conditions worsen. It is also important to note that the associated medical expenses with head injuries tend to be very high, so it is important for accident victims to file a claim as soon as possible.

Spinal Cord Injuries

A spinal cord injury is referred to as damage that has been inflicted onto the spine and the bundle of nerves that sends and receives signals from the brain. The National Institute of Neurological Disorders and Stroke has classified the spine as one of the most delicate parts of the body due its limited ability to absorb impact and force.

As a result, any accident victim who has sustained a spinal cord injury can potentially experience permanent injuries such as paralysis and the loss of physical and organ functions. In addition, should a victim suffer paralysis, their quality of life would drastically be diminished and the associated costs to care for someone with paralysis is also very high.

Internal Injuries

Internal injuries are a type of pedestrian injury that occurs inside the body due to strong impacts. These injuries can range from internal bleeding to broken bones to even ruptured organs. Depending on the severity of the impact, internal injuries can also range from minor injuries to fatal injuries that will require immediate medical treatment.

Should someone come out of a pedestrian accident and appear to be unharmed, it is highly recommended that they still seek medical attention to double check their status. This is mainly due to the fact that some internal injuries may lie dormant until something triggers it. No matter how unscathed they may be, getting it checked out by a medical professional is always recommended.

How Much Compensation Can I Get In a Pedestrian Accident Case?

The awarded amount pedestrian accident victims can get will be dependent on the severity of their injury and whether they require any additional medical support or quality of life adjustment in order to live/recover. For example, any victim that has suffered traumatic brain injuries will be able to receive a sum around the six to seven figure range in order to pay all of the associated medical bills that comes with it.

However, if an accident victim wishes to find out how much their personal injury lawsuit will be valued at, they can input their information in our personal injury settlement calculator or they can schedule a free case evaluation with a pedestrian accident attorney.

What Happens if a Pedestrian Causes an Accident?

Typically in pedestrian accidents, the motor vehicle would usually be liable for any injuries a victim has suffered. However, in the instances that a pedestrian causes an accident, they can be held liable for the damages the driver incurred. Pedestrians, like drivers, are required to comply with traffic rules, and if they do not comply due to negligence or extremely recklessness, they may be partially or fully at fault for the incident.

In such cases, the driver can take legal action against the pedestrian for damages, like vehicle repairs or medical expenses. But, in some situations, liability can be shared between the two parties. For instance, if the pedestrian and the driver were acting negligently, accountability will be split based on degree of fault. Under California’s comparative negligence law, both sides will be evaluated to determine how much should be distributed, meaning each party’s compensation may be adjusted based on their percentage of fault.

How Long Do You Have to File a Pedestrian Accident Claim in California?

All injured pedestrians have up to two years to file a claim as per section 335.1 of California Civil Code of Procedure. Any pedestrian accident lawsuit filed after the two year mark will be dismissed in court and the injured party will no longer be able to obtain compensation. In fact, the only exception to the two year rule is unless the plaintiff is a minor, in jail, legally insane, living out-of-state, in the military, or disabled.

How Can a San Francisco Pedestrian Accident Lawyer Help?

Hiring an experienced pedestrian accident lawyer can bring a variety of benefits for your case. As pedestrian collisions can accrue many medical expenses, a pedestrian accident lawyer will be able to identify all the necessary details and can make a strong claim for their client. In addition, an attorney can provide legal options for any developments on your case, negotiate on your behalf with opposing counsel and to insurance adjusters, help gather evidence, and even represent you in court should it go to trial.

While it is possible to represent yourself and handle all of the associated paperwork that comes with a pedestrian accident, it is generally discouraged because pedestrian accident cases can take a significant amount of time to handle, it is imperative that all relevant paperwork and motions are properly filed and sorted. Should there be any failure or mismanagement, it can potentially affect your chances to recover damages for the accident.

West Coast Trial Lawyers Is Here to Help

If you have suffered injuries in a pedestrian accident, you may be eligible for compensation for your damages. At West Coast Trial Lawyers, our team of personal injury attorneys are here to fight for you and represent your best interests at court. With over 20 years of legal experience, our team of pedestrian accident lawyers are confident that they can get you the maximum compensation you deserve for your losses.

We have recovered over $1.7 billion in financial compensation for our deserving clients and we will continue to do our duty to represent them and look out for their best interests. Whether you were involved in a severe pedestrian accident or unsure about the legitimacy of your personal injury claim, our lawyers are available to address any questions or concerns you may have about your case.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or completing our easy online contact form.