Visalia Pedestrian Accident Lawyer

Pedestrian accidents occur due to several reasons. Car accidents, bicycle accidents, and truck accidents are some of the many factors that have contributed to such an unfortunate outcome. Pedestrians who fail to obey road rules may also find themselves in a dangerous situation. Since they are particularly vulnerable when met with unsafe conditions, they are at risk of sustaining serious or fatal injuries.

If you or a loved one were involved in a pedestrian accident, seeking legal guidance and support can help you move forward with confidence. At West Coast Trial Lawyers, our Visalia pedestrian accident attorneys are readily available to assist. We have more than 20 years of experience handling personal injury cases and have recovered over $1.7 billion in settlements on behalf of our clients.

Our team will take the burden off your shoulders. We will thoroughly investigate the situation, identify the at fault party, and secure the fair compensation you need to start your recovery journey with a peace of mind.

To book a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our convenient online contact form.

Understanding Pedestrian Rights and Laws

In California, rules and regulations have been established to protect pedestrians from harm. This includes some of the following:

• CVC 21950: Drivers will need to yield to pedestrians in both marked and unmarked crosswalks, and are required to exercise due care to avoid hitting them. Furthermore, pedestrians cannot abruptly step into oncoming traffic in a way that will create an immediate hazard.
• CVC 21951: Drivers cannot overtake and pass another vehicle stopped at a crosswalk to let a pedestrian cross.
• CVC 21952: Drivers will need to yield to approaching pedestrians prior to going over or upon any sidewalk.

These are enforced to reduce the likelihood of pedestrian accidents, and to hold responsible parties accountable for their actions. Knowing these rights and responsibilities is important for all parties who share the road with one another.

Causes of Pedestrian Accidents

Pedestrian accidents are often caused by human error and poor road conditions. Let’s take a closer look at how each factor can contribute to this type of outcome.

Ignoring Traffic Laws

Drivers and pedestrians who disregard traffic signs or signals, like running red lights or crossing when they are not permitted to do so, can put themselves and others at serious risk. These violations typically happen at busy intersections where timing and right of way matter the most. If either party chooses to ignore the signs and signals presented, a collision is bound to occur.

Distracted Driving

One of the top leading causes of pedestrian accidents is distracted driving. If a driver is focused on something other than the road, like texting or adjusting their GPS, they will not have full attention to their surroundings. This can affect their reaction time and influence them to make poor decisions if they are met with sudden changes made on the road.

For instance, if a pedestrian is seen crossing the crosswalk and a driver is too busy occupying their phone instead of looking ahead, they will not have enough time to react.

To reduce the number of distracted driving cases, the following California laws have been established:

• CVC 23123: Drivers cannot use a wireless telephone unless it is designed to allow hands-free listening and talking, and is used in that manner.
• CVC 23123.5: A person cannot hold and operate a handheld wireless telephone or an electronic wireless communications device unless voice-operated or hands-free features are used while driving.
• CVC 23124: A driver under the age of 18 cannot operate a motor vehicle while using a wireless telephone or an electronic wireless communications device regardless of whether it is done hands-free.

Speeding

Drivers who speed are increasing the risk and severity of pedestrian accidents. This is because they will have less time to detect a pedestrian entering the street, specifically in:

• Crosswalks
• School zones
• Residential areas

The faster a vehicle is moving, the stronger the impact will be. Speeding will also shorten the ability for a driver to make split-second decisions as well, making it more difficult for them to avoid crashing into a pedestrian.

To reduce the number of speed-related accidents, California has enforced the following laws:

• CVC 22349(a): The maximum speed limit on highways is 65 mph unless posted otherwise.
• CVC 22350: Drivers cannot operate a vehicle faster than is safe for current traffic, visibility, or weather conditions. This applies even if you are traveling under the posted speed limit.
• CVC 22352: Speed limits will vary in specific areas. Senior centers, along with residential and business districts are 25 mph. Alleys, railroad crossings, and blind intersections are 15 mph.
• CVC 22356: This allows the California Department of Transportation (DOT) to post speed limits up to 70 mph on some highways or freeways.

Failing to Yield at Crosswalks

Under CVC 21950, drivers are required to yield at any crosswalk, regardless of whether it is marked, at an intersection. If they violate this regulation, it can lead to direct impact accidents, especially if the pedestrian believed it was safe to walk across the street.

Impaired Driving

Consuming harmful substances can weaken a driver’s ability to react quickly to sudden road changes, including a pedestrian who steps into a crosswalk unexpectedly. A sober driver would be able to stop in time, but an impaired one often will not. Certain rules that have been set up to lessen the likelihood of impaired driving accidents include the following:

• CVC 23152(a): Drivers cannot operate a vehicle while under the influence of alcohol
• CVC 23152(b): It is unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or higher.
• CVC 23152(f): It is illegal to drive while under the influence of drugs, including those that are prescription or over-the-counter as it may impair a driver’s ability to properly operate a motor vehicle.
• CVC 23152(g): People cannot drive while under the combined influence of drugs and alcohol.

Poor Visibility

Poor visibility caused by inadequate lighting or bad weather conditions can make it difficult for a driver to notice a pedestrian on the road. Delayed recognition will mean less time to brake or swerve, especially if a driver is met with a pedestrian who suddenly steps onto the road.

Common Pedestrian Accident Injuries

Pedestrians often experience severe injuries since they do not have enough protection available to reduce the impact of an oncoming vehicle. The type and extent of bodily harm depends on the car’s speed and strength of impact. Below are some of the most common accident-related injuries:

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

What to Do After a Pedestrian Accident

 If you were in a pedestrian accident, taking the following steps is critical for legal protection and medical recovery.

Contact Local Authorities

If you are not seriously injured, try to move out of the street and find a safe location to contact 911. Police and emergency personnel will shortly arrive after to document the scene and provide medical treatment to affected individuals.

Seek Medical Attention

Not all injuries are immediately apparent. Internal bleeding and soft tissue damage might not show until hours, or even days later. Be sure to seek medical attention as soon as possible for a full evaluation.

Exchange Information

You should exchange contact, vehicle, and insurance information with all parties involved.

Gather Evidence

Try to acquire the following evidence:

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

Speak to a Visalia Pedestrian Accident Lawyer

A Visalia pedestrian accident lawyer can greatly benefit you if you are planning on pursuing a lawsuit against the at fault party to secure compensation. Insurance companies will often try to minimize payouts or direct blame onto the pedestrian.

With a skilled attorney on your side, they will make sure your rights are protected and you do not share certain details that could affect your case.

With that being said, undergoing a legal claim can be challenging, especially if you are injured. But, hiring an experienced personal injury attorney will allow you to focus on your recovery while they handle paperwork, deadlines, and negotiations on your behalf.

Determining Liability in Pedestrian Accident Cases

Determining liability in pedestrian accidents will require you to gather evidence to demonstrate the following elements of negligence:

• The defendant had a duty to act in a way that would protect you from harm
• The defendant breached their duty of care
• The defendant’s reckless behavior contributed to your injuries
• Your losses, like medical expenses or emotional distress, were caused by the pedestrian accident

Since California follows pure comparative negligence law, shared liability is possible. All sides will be evaluated to determine the percentage of fault. Even if you are partially responsible for the pedestrian accident, you can still recover compensation. But, it will be reduced according to the level of negligence committed.

For instance, if total damages are $80,000 and you were 10 percent at fault, you may be granted an estimate of $72,000.

Pedestrian Accidents and Wrongful Death

A wrongful death happens when a victim is killed as a result of someone else’s negligence or intentional act. Under California’s Civil Code of Procedure 377.60, the deceased person’s surviving family members are entitled to pursue legal action against the at fault party, including:

• Surviving spouse or domestic partner
• Children (biological or adopted)
• Grandchildren
• Parents or legal guardians
• Anyone who inherits the decedent’s property under intestate succession laws

The family of the deceased may be entitled to the following damages after settling a wrongful death claim:

• Medical expenses
• Funeral and burial costs
• Loss of companionship
• Emotional distress

Financial Compensation Available for Pedestrian Accident Victims

Financial compensation for pedestrian accident victims will vary depending on the unique factors surrounding each case. Typically, the following will be considered when establishing a settlement value:

• Percentage of fault
• The severity of bodily harm incurred
• Current and future medical bills
• Lost income and earning capacity

To learn what you could be entitled to, you can enter the expenses you sustained from the pedestrian accident into our personal injury settlement calculator.

Injured victims are expected to receive economic damages and non-economic damages in personal injury cases.

Economic Damages

Economic damages will cover out-of-pocket costs that can be easily measured. This includes:

• Hospital fees
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages are the emotional and psychological impact associated with the pedestrian accident. They are more difficult to quantify in monetary terms, but are still significant. Some examples include:

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

Punitive Damages

Punitive damages can be awarded in some cases. Although it is relatively rare, if awarded, it will punish the wrongdoer and deter others from participating in similar behavior. This is usually reserved for situations in which the defendant’s conduct is considered extreme.

Finding the Right Visalia Personal Injury Attorney

When choosing the right Visalia personal injury attorney, it is important to find one that is experienced and has a proven track record of handling pedestrian accident cases. Some other key factors to look into during this process include the following:

• Good reputation of delivering client satisfaction
• Has enough staff and resources
• Makes you feel comfortable and confident with your personal injury claim
• Impressive background with law
• Exceptional communication and negotiation skills

Selecting someone who is qualified to take on the job will better your chances at acquiring fair compensation.

Set Up a FREE Consultation with West Coast Trial Lawyers Today

Personal injury victims are entitled to seek compensation for losses sustained as a result of a pedestrian accident. At West Coast Trial Lawyers, our Visalia team will handle every aspect of your case, from negotiating with insurance companies to building strong evidence that proves negligence. Whether you were hit while using a crosswalk or struck by a distracted driver, we will work diligently to protect your rights and secure full financial recovery.

Our law firm takes pride in treating clients like family, especially when undergoing pain and stress in the aftermath of a pedestrian accident. We are here to listen and guide you all throughout the legal process, ensuring you feel supported every step of the way.

To book a FREE consultation with an experienced lawyer, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.

Visalia Pedestrian Accidents FAQ

Do I Need a Lawyer if I Hit a Pedestrian?

Although it is not required to hire a pedestrian accident lawyer, it would benefit you if you are met with legal and financial consequences. Since California law allows more than one party to be held accountable, you can still be partially responsible for the incident. Your lawyer can help reduce your share of liability.

If the pedestrian suffered catastrophic injury, you could be sued for the losses they endured, like medical bills, lost wages, and pain and suffering. Your legal representative can prepare a defense and represent you in court, if needed.

If there is suspicion of you driving while distracted or under the influence, you will be undergoing more than just a civil case. In such situations, legal representation is critical.

So, the bottom line is, even if you believe that the pedestrian mostly contributed to the event or the accident was unavoidable, you should consult with a qualified personal injury attorney right away to figure out how to properly approach this type of situation.

How Long Does it Take to Settle a Pedestrian Accident?

The time it takes to settle a pedestrian accident case will be different for all injured victims. Some may be resolved within a few months whereas others may take over a year. The following factors may affect the duration of the legal process:

• Short- or long-term injuries
• Liability disputes
• Insurance company cooperation
• Whether a lawsuit is filed

Visalia personal injury lawyers can give you a more accurate timeline based on the details you present them with.

Does Insurance Cover Pedestrian Accidents?

Insurance can cover pedestrian accidents in California. But, it will depend on which coverage is involved and who is at fault.

If a driver hits a pedestrian, their liability insurance will typically cover injuries, medical expenses, and other damages up to the policy limits.

Now, if the driver has little to no insurance, the pedestrian may be eligible to file a claim under their own auto insurance if they have uninsured or underinsured motorist (UM/UIM) coverage, even if they were not in a motor vehicle at the time of the event.

MedPay is another option that covers necessary bills if you were injured in an accident involving a motor vehicle, regardless of fault.

And lastly, if no auto coverage applies or is simply not enough, the pedestrian’s health insurance can cover for medical treatment. But, keep in mind, if a settlement or court award is presented, the health insurance company may be given the right to get reimbursed for what it paid (known as subrogation) directly from the at fault party who caused you to suffer injuries.

Can I Sue the City for Poor Road Conditions?

A pedestrian can sue the city for poor road conditions. But, keep in mind, strict rules may apply. Cities and government entities have a legal duty to maintain reasonably safe conditions to ensure no accidents occur. If their negligence somehow contributed to injuries or damages, affected victims may be eligible to sue.

To have a valid claim, you will need to show that:

• Dangerous conditions existed on public property
• The city knew or should have know about it
• The city failed to fix the problem or notify the public within a reasonable time
• The hazardous environment directly caused you to sustain bodily harm

Unlike a typical personal injury claim, you will need to file a government claim within six months from the date of the accident, or you may lose your opportunity to secure compensation. Once they receive it, they will be given 45 days to respond.

• If approved, the city will offer a settlement in which you can either accept or negotiate the amount
• If rejected, you will be notified and may choose to accept the decision or take further action
• No response will indicate that the claim is automatically deemed denied

If your claim is rejected or ignored, you will be given six months to file a formal lawsuit in court. Working with a lawyer who specializes in personal injury law can help navigate you through this complicated legal process.