Valencia Pedestrian Accident Lawyer

Pedestrians are the most vulnerable road users, having no protection available to defend themselves against intense collisions. With busy intersections, like Valencia Boulevard or McBean Parkway, your safety can be jeopardized if you are met with negligent drivers or road hazards.

Encountering either of these factors can contribute to unfortunate outcomes. In 2022 alone, an estimated 67,336 pedestrian injuries and 7,522 pedestrian deaths were reported in traffic accidents in the United States. Victims who have undergone serious injuries or financial burdens as a result are given the right to sue the responsible party.

At West Coast Trial Lawyers, our knowledgeable Valencia pedestrian accident lawyers can help navigate you through each stage of the legal process, ensuring you receive maximum compensation for the damages you suffered. With more than 20 years of experience with personal injury law, you can rely on us to provide quality services and fight tirelessly for your rights. No matter what kind of case you have, our expert team of attorneys will be there every step of the way to ensure you recover justice and compensation. 

We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your lawsuit. To schedule a FREE case evaluation, you can reach out to us by calling (213) 927-3700 or filling out our convenient online contact form. We are available 24/7 to answer phone calls and form submissions.

Understanding Pedestrian Laws

Pedestrian laws outline a number of rights and responsibilities that pedestrians and other road users have to themselves and to others. While these rules are designed to lessen the number of accidents and promote a safer environment, they are also set as a deterrence for any negligent or reckless behavior. As such, should anyone be caught violating the following rules then they would be susceptible to a series of tickets.

• CVC 21950: A driver must yield the right-of-way to a pedestrian crossing within any marked or unmarked crosswalk at an intersection. In addition, pedestrians cannot suddenly leave a curb and walk into the path of oncoming vehicles that are so close as to constitute an immediate hazard.
• CVC 21954: Pedestrians crossing outside of a marked or unmarked crosswalk at an intersection must yield the right-of-way to vehicles.
• CVC 21956: If no sidewalks are available, pedestrians must walk on the left side, facing oncoming traffic.
• CVC 21955: Pedestrians must use crosswalks when crossing between intersections controlled by traffic signals or police officers.

Common Causes of Pedestrian Accidents

Pedestrian accidents often result from a combination of factors such as negligent behavior and recklessness. However, understanding these causes can not only help determine liability in common scenarios, but can also help prevent some accidents from occurring. 

Driver Distractions

Drivers must keep their eyes on the road at all times. Allowing the following distractions to disrupt your focus can put a pedestrian’s safety at risk:

• Texting
• Talking on the phone
• Adjusting the radio

Lack of awareness can delay reaction time, making it difficult for a driver to yield the right-of-way to a pedestrian or stop in time to avoid a collision. It can also influence poor decisions, further worsening the situation and potentially triggering motor vehicle accidents involving pedestrians.

Speeding

Drivers cannot travel at high speeds as it can put pedestrians in harm’s way. Under CVC 22350, individuals must operate their vehicle at a speed that is reasonable and prudent based on the conditions presented, and never go fast enough to the point where you are endangering the safety of another person or property.

Failure to Yield

As previously stated, drivers must yield the right-of-way to pedestrians and the following actions are strictly prohibited:

• Not making a full stop at a crosswalk
• Ignoring pedestrian traffic signals
• Making a turn without looking for a pedestrian crossing

Pedestrians are also required to give the right-of-way to drivers in certain conditions. If they are crossing the road outside of a marked or unmarked crosswalk, they will have to yield the right-of-way to oncoming vehicles (CVC 21954). In addition, if a pedestrian is walking along a roadway that does not have a sidewalk available, they will need to travel on the left side of the road and face oncoming traffic. This will require them to yield to vehicles when necessary (CVC 21956).

Drivers and pedestrians who refuse to comply with these regulations may face legal repercussions for any accidents or injuries that occur as a result of negligence.

Impaired Driving

Individuals are prohibited from driving while under the influence of alcohol (CVC 23152(a)). If they decide to operate a vehicle after consuming this substance, it will tamper with their thought process and influence them to make bad decisions. This can affect their driving skills, compromising their ability to react quickly. This also applies to drug consumption with and without alcohol (CVC 23152 (g) and CVC 23152(f)).

Poor Visibility

When visibility is limited, drivers and pedestrians will have a harder time seeing one another, increasing the risk of an accident. Some factors that can affect your ability to detect a pedestrian include the following:

• Nighttime driving
• Weather conditions
• Road obstructions
• Vehicle headlights

Given the circumstances, extra caution is highly encouraged for both parties to practice. Pedestrians should wear bright, reflective clothing whereas drivers should travel at slower speeds and use headlights properly to maximize visibility.

Slip and Falls

Slip and fall cases often occur due to hazardous conditions, like:

• Wet surfaces
• Uneven flooring
• Damaged staircase

Failing to address these issues can raise the likelihood of a pedestrian accident. Possible defendants may include property owners and government entities.

Injuries Resulting From a Pedestrian Accident

Pedestrian accidents can lead to a range of injuries from minor to life-threatening injuries. Some of the most common outcomes that have been reported in such cases include injuries such as broken bones, spinal cord injuries, head injuries, and even internal injuries. While prompt medical care will be dependent on the nature and severity of the injury, if a pedestrian was struck by a car then the chances of them needing immediate medical support drastically increases. 

What to Do After Being Hit by a Vehicle

Being hit by a vehicle is a traumatic experience that can lead to serious outcomes. Although it will be challenging to remain calm in such a situation, try to focus on fulfilling the tasks listed below to protect your safety and legal rights.

• Call 911 and wait until first responders arrive at the accident scene, review the situation, and create a written report. Paramedics may also show up to treat your condition.
• Seek immediate medical attention whether it be from the paramedics or your doctor. Once you undergo an evaluation, you will be informed about any notable issues that were discovered, and will be given a medical care plan to help with your recovery.
• Collect information from the driver, like name, contact, and vehicle details.
• Document the accident scene by taking photos of your injury, damages, and where the incident took place. Be sure to obtain witness information and a copy of the police report and your medical records.
• Consult with a Valencia pedestrian accident attorney. Our experienced legal team is readily available to guide you through the legal process. We will help you understand what your options are for seeking compensation.

How to Prove Negligence

To prove negligence in a pedestrian accident, you will need to establish four elements:

• The defendant owed you a duty of care
• The defendant violated their duty of care
• The defendant’s actions directly caused the crash
• You suffered injuries and damages as a result of the incident

A Valencia personal injury lawyer can take a look at the available evidence and determine the most effective way to use it against the responsible party. Since California follows a comparative negligence rule, all parties will be assessed to determine the percentage of fault. So, if you were 20 percent liable and the defendant was 80 percent liable, you can still recover compensation. But, it will be reduced based on the severity of the negligence contributed. 

Common Mistakes to Avoid

If you are planning to file a lawsuit after getting into a pedestrian accident, it is important to know what common mistakes to avoid doing to prevent it from weakening your case. Here are some specific ones you should look out for:

• Accepting an offer from the insurance company without getting it pre-approved by a pedestrian accident lawyer
• Failing to seek medical attention immediately after the incident
• Sharing personal information about the case on social media
• Missing doctor appointments or failing to follow your medical treatment plan

With the help of our legal professionals, we will go over these mishaps to ensure you do not affect your chances at securing fair compensation.

Time Limit to File a Pedestrian Accident Claim in Valencia

Pedestrian accident claims must be filed within two years from the date of when it occurred. Although it may seem like enough time to take legal action, you should still act promptly to get as much evidence as you can and hire the right attorney to help you with the legal process.

Failing to fulfill these duties in a timely manner can cause delays with the filing process. And, if you do happen to exceed the time limit, you will no longer be able to recover damages.

Compensation for Pedestrian Accident Cases

Pedestrian accident victims are eligible to receive compensation for any losses incurred by the incident. But, keep in mind, not everyone will have similar results. Each case has its unique challenges that will affect the amount of damages you may be awarded.

Some factors that will be taken into consideration when determining the settlement value include the following:

• The severity of your injury
• Percentage of fault
• Current and future medical bills
• Lost income and earning capacity

Feel free to use our personal injury settlement calculator to get an estimate of what you could be entitled to.

Typically, compensatory damages are granted in pedestrian accident cases and these are aimed to reimburse accident victims for any losses caused by the accident. It is categorized into two main types: economic damages and non-economic damages.

Economic Damages

Economic damages are measurable financial expenses, like:

• Medical costs
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages are intangible losses that are difficult to quantify in monetary terms, such as:

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

Choosing the Right Lawyer for Your Case

Choosing the right personal injury attorney for your case is crucial. You will need to find a legal professional who will ensure your needs are met and give you the best possibility of achieving a favorable outcome. Some certain aspects you should consider when hiring one include the following:

• Experience and expertise in personal injury law
• Proven track record of delivering client satisfaction
• Good communication skills
• 24/7 availability to answer any questions or concerns you may have about your case

By considering these factors, you can find the right legal representative who is well-equipped to help you get maximum compensation.

Schedule a FREE Consultation with One of Our Valencia Personal Injury Attorneys Today

Pedestrian accident victims are entitled to pursue compensation for losses caused by someone else’s negligence. At West Coast Trial Lawyers, we understand the complications that may arise in such a case, and are here to help you get favorable results. We specialize in handling personal injury cases, and are committed to protect your rights every step of the way.

To schedule a FREE consultation with a Valencia pedestrian accident lawyer, you can connect with our 24/7 legal team by calling (213) 927-3700 or filling out our quick online contact form.