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California Pedestrian Accident Attorneys
Accident attorneys serving Irvine pedestrians hit by cars
We have the knowledge and skill to win the very best settlement and verdict for you.
At MVP Accident Attorneys, we believe that finances should never be a barrier to seeking justice. That is why we work on a contingency fee basis. This incentivizes us to seek the highest payouts for our clients while giving you peace of mind.
If you were injured in a pedestrian accident, call our team today. We offer compassionate and accessible representation for clients throughout California and Texas.
Pedestrian accidents are often caused by negligent or distracted drivers who don’t obey traffic laws. We help injured Californian pedestrians and those who have lost family members to reckless motorists recover maximum financial compensation.
Pedestrian vs. motorist cases
According to the LA Times, California has the highest pedestrian accident fatality rate in the United States.
Over the course of a single year, approximately 23 percent of all vehicle fatalities in the state involved a pedestrian, while the national average was only 11 percent. Pedestrian death and injury rates tend to be higher in urban areas, and many of these accidents can be blamed on distracted, reckless or intoxicated driving.
Motorists have a responsibility to watch out for pedestrians. This includes people on crosswalks, sidewalks, the side of the road or anywhere near a roadway. In most cases, pedestrians have the right of way, and drivers are required to yield.
Pedestrians are put at extreme risk when drivers fail to obey traffic signals or are distracted. Intoxicated or exhausted drivers lack the reflexes to avoid a pedestrian, which can lead to devastating collisions.
in Traffic Crashes
6,374 in 2018
in Traffic Crashes
47,000 in 2018
What is a pedestrian?
You might assume that a pedestrian is any person walking on foot, but it's important to realize that the legal definition can include more than just someone who is walking.
The law defines a pedestrian as "any person afoot or in a motorized wheelchair."
A pedestrian can include someone who's:
- Roller skating
- On a scooter
Common causes of pedestrian accidents
Several things can cause pedestrian accidents. Some of the most common causes include:
- Distracted driving (such as texting while driving)
- Failing to yield to pedestrians in crosswalks and intersections
- Driving under the influence (DUI)
- Riding a bicycle on the sidewalk (check with your local DMV for more information)
- Texting while walking or biking
- Walking or biking while intoxicated
You should also be aware that it’s illegal to cross an intersection without using a crosswalk. You should only cross the street at designated crosswalks and only when you have the right of way.
Who is at fault in a pedestrian accident?
The driver is typically responsible for pedestrian accidents.
So if you were hit by a car while walking, you probably have a claim against the driver (assuming it wasn’t your fault).
This is because drivers are expected to be careful on the road and always watch out for pedestrians. When a driver is distracted or isn’t giving the road their full attention, an accident could occur that results in serious injuries.
Common pedestrian accident injuries
- Spinal fractures
- Brain damage
- Broken limbs
- Organ damage
- Road rash
According to The National Highway Safety Administration:
- 40 percent of pedestrian injuries result from contact with a vehicle.
- 32 percent of pedestrian injuries result from contact with the ground.
- 26 percent of pedestrian injuries result from contact with another object, such as a signpost or fence.
How to establish liability in a California pedestrian accident case
The 1st step to take if you’re involved in a pedestrian accident is to establish liability.
In some cases, it’s clear that the driver was at fault and is responsible for any damages or injuries resulting from the accident.
However, in other cases, liability may not be so easy to establish. Many factors could contribute to who is liable for an accident. Those factors can change depending on the city in which you were injured.
For example, suppose you were hit by a car while crossing an unmarked crosswalk. In that case, you may assume that the driver is liable for your injuries and resulting medical bills.
However, if there were signs warning of no pedestrian crossings in that area, that may change things as far as liability goes and shift some or all of the blame onto you. This type of situation would have to be evaluated with respect to California law and city ordinances before deciding who is at fault for the injury you incurred during the accident.
What is liability?
Proving that the person who injured you was legally liable can be challenging. The process can also be rather complicated.
California pedestrian laws
In California, pedestrians have the right of way on crosswalks and intersections. They also have the right of way when a vehicle is making a turn. Motorists must always yield the right-of-way to pedestrians crossing from 1 sidewalk to another at corners.
Pedestrian accident prevention tips
Here are a few tips for preventing pedestrian accidents:
- Walk in a safe area, like a sidewalk or a path. This can help you avoid cars and other vehicles.
- Make eye contact with the driver before crossing the street. If you can verify that the driver sees you, you’re far less likely to be hit.
- Wear bright-colored clothing during the day and reflective clothing at night. A flashlight may also help make you visible to drivers during the evening hours.
- Walk facing traffic. This way, you can see oncoming vehicles better than if you were walking on the same side of the road as them.
What to do after a pedestrian accident with a car
If you are injured in a pedestrian accident, several things need to be done immediately.
- If the injury is minor, move off the road and call 911 for emergency medical attention.
- If you’re able to move around, take photos of the scene, and get witness contact information.
- The insurance company for the other driver may contact you, but you should not speak with them until after contacting an experienced pedestrian accident attorney. Your lawyer can handle communications with other parties on your behalf and ensure your rights are protected.
- Keep track of your medical visits and expenses so they can be included in your compensation claim.
Why hire a California pedestrian injury attorney?
Sometimes pedestrians are partially at fault for their accidents, but that doesn't necessarily mean they can't file a claim.
If the driver was speeding or was distracted by their phone, for instance, then they may still be responsible for injuring you.
According to California law, even if a pedestrian is partly responsible for an accident (e.g., they were jaywalking), both parties may share liability.
This means that your compensation payout could be reduced depending on your "comparative negligence" in causing the accident.
For example, suppose that you cross the street when the crosswalk signal reads “Don’t walk” and are hit by a distracted driver. The court might decide that 50 percent of the responsibility lies with the distracted driver and 50 percent lies with you for crossing when the signal said not to cross.
This would mean that your claim payout would be reduced by half (or whatever percentage of fault is determined).
It’s worth talking to an experienced personal injury lawyer about your options before deciding whether or not to make a claim—especially since most lawyers offer initial consultations free of charge.
Hire our Irvine pedestrian accident attorney
You're at a point in your life when you need help, and this is the time when hiring the best attorney can make a huge impact.
You deserve compensation for your pain, the money you’ve lost for medical expenses and the paychecks you’ve forfeited during your recovery. We’re here to help make that happen. Let our capable team take care of the legal battle while you focus on recovering from your injuries.
If we take on your case, we won't pass you off to a case manager—you’ll have direct access to our attorneys 24/7.
If you have been injured, reach out to the MVPs of Personal Injury today