Santa Ana Pedestrian Accident Lawyer

Each year, people are injured or killed in a pedestrian accident in Santa Ana. From careless drivers to harmful road conditions, pedestrians are often faced with obstacles when walking on the street. Due to their vulnerability and lack of protection, they are more prone to sustain catastrophic injuries that may require extensive treatment. Medical expenses may accumulate and cause the victim to undergo financial hardships. But, if the pedestrian accident was caused by an individual or entity, legal action can be taken against them to recover compensation.

At West Coast Trial Lawyers, our skilled Santa Ana pedestrian accident lawyers have over 20 years of experience in handling personal injury cases. We will devote our time and efforts into tailoring a strategic approach against the opposing side to ensure we get you a fair settlement. With over $1.6 billion in financial compensation won for our clients, our dedicated team of attorneys are confident that they can get you the financial compensation you deserve. 

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a free consultation, we welcome you to reach out to us by calling (213) 927-3700 or filling out our easy contact form.

What Can Cause a Pedestrian Accident?

Pedestrian accidents occur due to a number of different factors, however, it is important to understand its common causes to ensure your safety the next time you go out for a walk.

Negligent Drivers

Drivers are required to provide a duty of care to pedestrians. This means that they would have to comply with Santa Ana’s traffic laws to maintain road safety. Unfortunately, some will go against these obligations and harm others in the process. This includes doing either of the following actions:

• Distracted driving
• Drunk driving
• Speeding
• Failing to yield

Injured accident victims can sue to seek compensation. Given the circumstance, it is encouraged to hire a personal injury law firm, like West Coast Trial Lawyers, to handle such a case. An expert Santa Ana pedestrian accident attorney can take a look at your personal injury case and determine what necessary steps should be taken to ensure you get the justice and compensation you deserve.

Walking While Distracted

Pedestrians are always encouraged to monitor their surroundings when walking on the street. Allowing distractions to take your attention away from what is around you can raise the probability of a pedestrian accident. You will have a reduced reaction time to hazards nearby and will carry out an impulsive decision that can get you harmed or even killed.

Road Hazards

Road hazards, like cracked pavements, uneven sidewalks, and slippery surfaces, can create dangerous conditions for pedestrians. These particular elements are likely to trigger a person to slip, trip, or fall. The outcome may result in serious or fatal injuries depending on the intensity of the impact. Poor lighting is another issue that can put pedestrians at risk of getting hurt. Inadequate brightness will make it difficult for a person to detect potential danger and avoid it.

Dangerous Property Conditions

A property owner must have a secure territory if they are planning on inviting or allowing someone onto the premises. This includes implementing the following:

• Sufficient security measures
• Proper lighting
• Warning signs placed in hazardous areas

Failing to incorporate either of the factors listed can expose a pedestrian to harmful conditions that can lead to a serious or fatal accident.

Common Injuries in a Pedestrian Accident

Pedestrians are prone to sustain serious bodily harm after an accident since they do not have enough protection surrounding them and are exposed to direct contact with another object, like a vehicle or road hazard. Common injuries that are likely to occur in such an incident include the following:

• Broken bones
• Head injuries
• Neck injuries
• Spinal cord injuries

What to Do After a Santa Ana Pedestrian Accident

If you were involved in a pedestrian accident in Santa Ana, you should consider doing the steps sectioned below.

Contact the Police

Be sure to contact the police if you see any injuries or damages after the pedestrian accident. Once they arrive at the accident scene, they will create a police report in which you can request a copy to use in your pedestrian accident case. Paramedics will also arrive and administer immediate medical care to those who need it.

Gather Evidence

It is important to obtain as much evidence as you can to ensure you submit a well-constructed claim against the opposing side. The following are some factors you should incorporate into your lawsuit:

• Photographs of your injury, damages, and the accident scene
• CCTV footage
• Witness information
• A copy of the police report
• A copy of your medical records pertaining to the pedestrian accident

Exchange Information

Be sure to exchange contact, insurance, and vehicle information with all parties involved.

Seek Medical Attention

You should seek immediate medical attention in the aftermath of a pedestrian accident. A physician will assess your wound, determine a diagnosis, and provide a personalized treatment plan to help improve your condition. Doctor visits, medical prescriptions, and surgical procedures will be saved on file and can be used as proof in your pedestrian accident lawsuit.

Hire a Santa Ana Pedestrian Accident Lawyer

At West Coast Trial Lawyers, our knowledgeable Santa Ana pedestrian accident lawyers specialize in personal injury cases and have a proven track record of delivering client satisfaction. We are confident that our team will provide exceptional services that will meet your legal needs.

Determining Liability in a Santa Ana Pedestrian Accident

To determine liability in a pedestrian accident case, you will need to collect evidence that can prove how:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior caused you to endure injuries and/or damages

Under California’s comparative negligence law, all parties involved in the pedestrian accident will be evaluated to identify the percentage of fault committed by each side. Even if you are found partially responsible for the incident, you may still recover compensation, but it will be reduced based on the amount of negligence you contributed to the crash. For example, if you were 30% responsible for causing a pedestrian accident then 30% of your total awarded sum will be subtracted to take account of your fault.  

Pedestrian Accidents and Wrongful Death

A person who exhibits negligent acts against a pedestrian and kills them as a result may face legal consequences by the victim’s estate or surviving family. Under California’s wrongful death one action rule, only one lawsuit can be filed to prevent multiple similar claims from withholding the legal process.

Available damages that may be awarded in such a case include:

• Medical expenses
• Funeral and burial costs
• Loss of financial support
• Loss of consortium

What Is the Statute of Limitations to File a Pedestrian Accident Claim in Santa Ana?

The statute of limitations to file a pedestrian accident claim in Santa Ana is two years starting from the date of when the incident occurred. Be sure to collect enough evidence to support your lawsuit and to find the right personal injury attorney to represent you. If you fail to meet the deadline, you will no longer have the opportunity to seek compensation.

What Compensation Is Available in a Santa Ana Pedestrian Accident Case?

Available compensation in a pedestrian accident case will be determined based on the following factors:

• The extent of your injuries
• Past and future medical costs
• Lost income and earning capacity

Typically, injured accident victims are granted economic damages and non-economic damages. Under rare circumstances, punitive damages may also be given.

Economic Damages

Economic damages are financial expenses you incurred as a result of a pedestrian accident. This includes:

• Medical bills
• Lost wages
• Lost earning capacity

Non-Economic Damages

Non-economic damages are subjective, non-monetary losses, like:

• Emotional distress
• Pain and suffering
• Loss of enjoyment of life

Punitive Damages

Punitive damages are awarded on top of compensatory damages to punish the wrongdoer for exhibiting outrageous conduct and to prevent others from performing similar actions. It is only given in about 5% of verdicts. To receive punitive damages, you will have to prove how the defendant’s behavior was intentional, malicious, or fraudulent.

Our Santa Ana Pedestrian Accident Attorneys Are Here to Help

Pedestrian accident victims are entitled to file a personal injury claim against the at fault party to acquire compensation. At West Coast Trial Lawyers, we will assess what legal options are available and incorporate the most effective one against the opposing side to ensure you are granted maximum compensation. With over $1.6 billion in financial compensation recovered for our deserving clients, we are confident that we can get you the compensation you deserve for your losses.

As personal injury claims can be a difficult and confusing process for those who are unfamiliar with the legal system, we understand that you may have a lot of questions regarding your case. Which is why our 24/7 legal team is available to answer any questions or concerns you have regarding your case and no matter how complex your case is, we will be there every step of the way for this legal journey.

To schedule a free consultation with an expert Santa Ana pedestrian accident lawyer, you can get in touch with us by calling (213) 927-3700 or complete our quick online contact form.