Unfortunately for pedestrians, walking can be risky and hundreds of pedestrians are injured or killed in Northern California each year. Although annual pedestrian fatalities are declining slightly in California, pedestrian fatalities for people aged 65 and older are on the rise.
If you or someone you love was seriously injured or killed in a pedestrian accident, contact GJEL for a FREE personal injury case review. We are the internationally-recognized pedestrian accident lawyer team in California, we are also committed to helping families, and we will do everything possible to hold wrongdoers responsible.
Have Your Case Reviewed by Our Pedestrian Accident Lawyer for FREE
You don’t have to pay a dime to get us to look at your case. We will review, advise, and strategize on how to get you the settlement you deserve, at no cost to you until we win compensation. Contact GJEL, one of the best pedestrian accident lawyers in the according to Best Lawyers and US News & World Report.
You may be entitled to compensation for:
• Expenses made for treating injuries
• Physical pain and emotional suffering
• Funeral expenses
• & more
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We are an award-winning personal injury law firm in California
GJEL has built a reputation over the past four decades as one of California’s highest-rated pedestrian accident law firms, and we have recovered over $950 Million dollars for our clients while maintaining a 99% success rate. We specialize in assisting victims who have been seriously injured or killed by reckless drivers or other commuters while walking legally on the roads.
What you should do during and after a pedestrian accident
Whether you were the one hit or the one that hit someone, the first action is to ensure everyone’s health and safety. Your top priority should be to call an ambulance or ask if there are any health professionals in close proximity. If you’ve been hit and feel okay, take yourself to the hospital to get official statements and a health screening.
Call 911 before calling insurance companies and pedestrian lawyers.
AT THE ACCIDENT SCENE
- Remove yourself from harm’s way
- Check the status of others involved
- Call 911
- If possible, take notes of the scene. Jot down and photograph license plates, street signs, and physical descriptions.
- Ask witnesses to remain at the scene and give a statement to the police. This will strengthen your case and help your pedestrian injury attorney should there be a disagreement between parties.
- As soon as possible, seek medical attention, regardless of symptoms. Not all injuries present themselves immediately, and future manifestations may be linked to minor injuries sustained during the accident.
AFTER THE ACCIDENT
Once you’ve confirmed everyone’s safety, taken pictures/notes of the scene, and had authorities do the same, call a pedestrian accident attorney to ensure adequate representation during insurance proceedings.
Expect to hear from your own and the others’ involved insurance companies often. Avoid providing any official statements until you’ve spoken with the best pedestrian accident lawyer possible. Let the lawyers handle insurance correspondence from the offending party — they could try to make you say something to admit fault. Contact us today to ensure the best outcome possible for your case.
What Are My Legal Options After a Pedestrian Accident?
As you will be informed by your pedestrian accident lawyer, there are two main legal theories that can serve as the basis of a pedestrian accident lawsuit in California: negligence and battery. Because most pedestrian accidents are accidents caused by careless driving rather than an intentional bad act, we’ll focus on negligence.
The definition of negligence is the failure to act with the level of care that a reasonable person would have exercised under the same or similar circumstances. There are five elements of a standard negligence claim. In order to win a pedestrian accident lawsuit based on negligence, you’ll need to prove the existence of the following elements by a preponderance of the evidence.
DUTY
The defendant must be obligated by law to act in a certain way toward the injured pedestrian. There is almost always a duty for a driver to exercise reasonable care toward pedestrians on the roadway. Your GJEL pedestrian accident attorneys will ensure that this obligation is met.
BREACH OF DUTY
The defendant must have breached that duty, meaning that he or she failed to act with the required level of care. If a driver breaks a traffic law and strikes a pedestrian, the court may automatically assume that the driver has breached a duty under a legal theory called negligence per se, as will be proven by your pedestrian accident lawyer.
CAUSE-IN-FACT
The injured pedestrian must prove that the driver actually caused his or her injury. This is sometimes called “but-for” causation because the plaintiff must show that but for the defendant’s actions, the plaintiff’s injuries would not have occurred.
PROXIMATE CAUSE
The driver in the case will only be responsible (or “liable”) for the harms that were foreseeable as a result of his or her actions. In most pedestrian accident cases in California, serious injuries are considered to be foreseeable consequences of negligent driving once a case is established by the pedestrian injury attorney.
DAMAGES
The injured victim and their pedestrian accident lawyer must show that the accident caused him or her to suffer legally recognized harm, typically in the form of bodily injury, financial losses, or damage to his or her property. If an injured pedestrian can establish each of these elements by a preponderance of the evidence (meaning that more than 50% of the evidence favors his or her case), he or she will win the lawsuit and will be awarded money by the court.
How Can I Manage My Medical Bills After a Pedestrian Accident?
A pedestrian accident may cause serious injuries that require immediate medical treatment. The cost of medical treatment can be financially overwhelming, even for those with health insurance. The best pedestrian accident attorney will help you evaluate all of your options for managing your medical expenses after a pedestrian accident. Even though the driver who hit you is legally responsible for these expenses if they were at fault in the accident, you may need to pay for your own medical costs until your insurance claim or personal injury lawsuit is resolved. Here are a few of the options you have to manage your medical expenses.
-Insurance Coverage.
-Health Insurance.
-Medical Liens.
-Out of Pocket: If you pay for your medical treatment and associated expenses out-of-pocket, you will be reimbursed for these costs if your personal injury lawsuit or insurance claim is successful.
Types of Cases We Handle
A pedestrian accident is a collision between a pedestrian and a vehicle, including bicycles, skateboards, cars, and trucks. Injuries resulting from pedestrian accidents range from minor scrapes to severe head trauma and death.
GJEL is a dedicated pedestrian accident law firm successfully representing hit-and-runs, unmarked intersection cases, jaywalking incidents, and more.
Talk to your GJEL California Pedestrian accident Lawyers for support and clarity
How Can a California Pedestrian Accident Lawyer Help?
Whether you were behind the wheel or on foot, the weeks following an accident can be stressful and confusing. Having a pedestrian accident attorney on your side is the only way to get the compensation you deserve or the fair outcome you’re looking for.
REVIEW THE FACTS TO IDENTIFY A CASE
At your consultation, our pedestrian accident lawyers will listen to your description of the accident. This includes happenings before, during, and after the collision, as well as who was involved. This helps us determine where the case stands and the best plan of action.
INVESTIGATE YOUR CLAIM
Pedestrian lawyers investigate each and every case detail. We’ll gather eyewitness testimonies, police reports, photographs, and insurance documents to reconstruct the scene and build an airtight case. We’ve won several million dollars for our clients in pedestrian accident cases alone because of our diligence and commitment to justice.
DETERMINE LIABILITY
Pedestrian hit and run settlements are based on injuries sustained, bills accumulated, and possible levels of negligence. We’ll determine how much compensation to fight for and what you can expect to receive. Don’t worry about communicating with the other party or arguing with lawyers – we’ll handle everything for you.
APPRISE YOU OF YOUR RIGHTS AND RUN-POINT WITH INSURANCE
The best part about having our pedestrian accident lawyers on your side is having the most knowledgeable advocates in all of northern California. We’ll inform you of state laws, insurance details, and typical protocol so no one takes advantage of you.
GET YOU THE COMPENSATION YOU DESERVE
Fighting for yourself in court is intimidating, if possible at all. GJEL pedestrian injury accident attorneys will be aggressive on your behalf with the law on your side. As one of the most formidable lawyers in northern California, you’ll be glad we’re in the courtroom when the day comes.
Case Result
On a sunny summer day, a young mother of two was walking back to her car when she was struck by a vehicle while in a crosswalk. The impact first knocked her down, and then the car continued to move and rolled over her leg.
The victim was lucky to not have any bones broken but was in excruciating pain for a long time and had to continue to seek treatment for months in order to make sure everything was healing properly.
This accident resulted in permanent scarring on a large part of her leg, as well as a continuous feeling of weakness when putting weight on the affected side.
For her suffering both physically and emotionally, her GJEL pedestrian accident attorney was able to acquire a $200,000 settlement.
CONTACT US TO GET JUSTICE TODAY
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California is the Second Most Dangerous State for Pedestrians
The dangerous roads of California are the second most treacherous in the country: roughly 4,000 pedestrians are killed each year, and 25% of all road incidents involve a pedestrian. If you find yourself involved in one of these accidents, a pedestrian accident injury lawyer will make all the difference.
Top Causes of Pedestrian Accidents in California
Most cases are due to carelessness on the driver’s part. Being behind the wheel carries immense responsibility, and too many motorists get comfortable and inattentive over time.
As experienced pedestrian accident attorneys, we have a few tips to prevent collisions: wear bright colors when walking, only cross in crosswalks, and avoid texting and walking in busy areas.
DRIVER’S FAILURE TO YIELD TO THE RIGHT OF WAY
In California, pedestrians have the right-of-way, and drivers are responsible for ensuring their safety. However, pedestrians are legally required to obey crosswalk signals and stay out of bike lanes. Pedestrian injury lawyers can help navigate the ambiguities of these laws.
UNMARKED INTERSECTIONS
Pedestrians may cross at unmarked crosswalks and intersections but must yield to drivers. In turn, vehicles must yield to pedestrians, whether or not the crosswalk is marked. These cases rely on common sense, so err on the side of caution.
INEXPERIENCED DRIVERS
The crash rate for teens is 4x higher than for other age groups. Inexperienced drivers may become confused or overwhelmed in high foot-traffic areas. A pedestrian lawyer can represent you if you’ve become a victim of such negligence.
OVER-SPEEDING
The most avoidable cause of pedestrian accidents is speeding. A vehicle is moving too fast and doesn’t have time to react to a pedestrian. This age-old occurrence is the most common reason that victims call pedestrian injury accident law firms.
SHARP TURNS AND BLIND SPOTS
Some roads have turns and intersections with frequent accidents. These spots either have low visibility or a traffic signal that’s not strategically placed. Know the hot spots in your area and use extra precautions when walking there.
LACK OF ATTENTION TO TRAFFIC AND ROAD SIGNS
Sometimes, the pedestrian is the cause of the collision. In busy cities, walkers get extra comfortable crossing the street and fail to obey signals. Maybe confusing signals are at fault. Contact a pedestrian injury law firm for clarification today!
DRIVING UNDER INFLUENCE
Alcohol and drugs are huge causes of pedestrian accidents, typically at night. In a given year, drunk driving caused 26% of total driving fatalities in California. Pedestrians should be hyper-vigilant; not every driver is in the right state of mind.
MENTALLY DISTRACTED OR VISUALLY IMPAIRED DRIVERS
This happens more often than people think. Whether medically unfit, crying behind the wheel, or trying to remove something from their eye, many drivers cause collisions because they could not see properly. Was your case caused by a momentary obstruction?
FAULTY VEHICLES/BRAKE FAILURE
California has strict vehicle safety laws, but many times motorists let issues go unresolved. Break failures result in high-speed, heartbreaking accidents. A California pedestrian accident lawyer can get you and your loved ones restitution for injuries caused by unmaintained vehicles.
BAD WEATHER
Most pedestrians stay off the streets during inclement weather, but sometimes walkers have to go out in rain, snow, or storms. A pedestrian accident lawyer can help in cases caused by reduced visibility from heavy rain, snowfall, or wet roads.
Discuss with a Pedestrian Accident Attorney at GJEL
We invite you to call 1-866-268-7118 or email lawfirm@gjel.com to speak with an experienced pedestrian accident lawyer at GJEL if you or a loved one has been injured in a pedestrian accident. We provide free consultations, and we’re paid only when we win your claim. You’ll pay no fees if we don’t obtain a verdict or settlement for you.
Please visit the Contact Us page to find our local office nearest to you. Contacting us does not create an attorney-client relationship.
Contact GJEL today for a no-obligation free case review at (925) 471-8225.
Visit An Office Nearby
- Antioch
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- Orinda
- Pleasanton
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- San Francisco
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Frequently Asked Questions
DO I HAVE A RIGHT TO COMPENSATION AFTER AN ACCIDENT?
You may have a right to be compensated for your injuries and other losses, such as wages you could not earn while recovering from your injuries, if you are a victim of a pedestrian accident at the hand’s of a driver whose conduct was intentional or careless. There are two options after a pedestrian accident: filing a claim with the driver’s insurance company or filing a personal injury lawsuit in civil court. It’s in your best interest to hire a pedestrian accident law firm like GJEL to handle this for you and get the compensation you deserve.
DO I HAVE TO DEAL WITH THE DRIVER’S INSURANCE MYSELF?
If the driver was insured at the time of the accident, you can file a claim with the driver’s insurance company. The claim negotiation and settlement process can be time-consuming and difficult to navigate without assistance from a lawyer, even if there is clear liability. The claims adjuster from the insurance company will try to settle your claim for as little as possible and will require you to give up your rights to sue the driver in court in exchange for paying your claim.
Because pedestrian accidents can cause such devastating injuries, working with your pedestrian accident lawyers to file a personal injury lawsuit is often the only way to get the compensation you deserve.
WHAT IF I WAS DRUNK OR NEGLIGENT WHILE CROSSING?
Impaired pedestrians are held partially responsible for their injuries as well as vehicle damage. Because motorists are also liable, you could still get a settlement, albeit lower than it would have been. Our pedestrian injury attorneys specialize in these hairy cases and have the best track record in achieving preferable outcomes for their clients.
HOW DANGEROUS ARE PEDESTRIAN ACCIDENTS?
Pedestrian accidents vary from love taps to life-altering injuries depending on the speed, angle, and following events. Regardless of whether you got a bruise or broken bone, calling a pedestrian accident law firm ensures you get the compensation you’re entitled to. These types of cases involve insurance companies and lengthy litigation, and you won’t want to face it alone.
WHAT IS THE TIMELINE FOR A PEDESTRIAN ACCIDENT LAWSUIT?
If you are considering filing a pedestrian accident lawsuit, you probably want to know how long your case will take. In California, you typically have two years from the date of your accident to file a lawsuit under a procedural rule known as a “statute of limitations.” Once you file your lawsuit, the amount of time it will take to resolve depends on a number of factors, including the severity of your injuries and the complexity of the legal issues involved in your case. Your GJEL pedestrian accident lawyers will explain this further once you contact them.
WHAT IF THE DEFENDANT WANTS TO SETTLE OUT OF COURT?
If you were seriously injured, the defendant (or his or her insurance company) may be eager to settle the case before it goes to trial because they anticipate that the amount of damages that you’re awarded by a judge or jury will be very high. If you receive a settlement offer before trial, your lawyer will help you determine whether you are being offered a fair amount of money for your injuries and other losses. If your pedestrian accident case goes to trial, this process can take several months or even years. Your pedestrian lawyer can help you better understand how long your pedestrian accident lawsuit will take once he or she begins working on your case.
CASE RESULT
On a sunny summer day, a young mother of two was walking back to her car when she was struck by a vehicle while in a crosswalk. The impact first knocked her down, and then the car continued to move and rolled over her leg.
The victim was lucky to not have any bones broken, but was in excruciating pain for a long time and had to continue to seek treatment for months in order to make sure everything was healing properly. This accident resulted in permanent scarring on a large part of her leg, as well as a continuous feeling of weakness when putting weight to the affected side.
For her suffering both physically and emotionally, GJEL was able to acquire a $200,000 settlement.