Whenever a collision occurs between an automobile and a pedestrian while crossing the street, the driver of the car is usually at fault. The motorist may be charged criminally, civilly, or both depending on how serious the accident was.
The driver should be held responsible for any losses you incurred as a result of their carelessness. Whether you were hit by a car while crossing the street with or without a crosswalk, a California personal injury lawyer can help you to understand your legal options.
The injuries in a pedestrian accident can result in major life disruptions, pain, and expenses. The Triumph Law Firm fights for the rights of the injured. We take on the insurance company and liable party, so you have the best chance of collecting the maximum compensation possible.
How does the Law Define “Pedestrian” and “Crosswalk”?
Anyone on foot or using a wheelchair is considered a pedestrian under California law. In addition, a person utilizing a personal mode of transportation, such as a skateboard or rollerblades, is referred to as a pedestrian under the same statute. However, in California, cyclists are not regarded as pedestrians.
In California, all intersections, marked or unmarked, are considered crosswalks. A crosswalk is a designated or undesignated crossing that joins walkways on opposing sides of a street or road.
Crosswalks on the road are often marked with painted lines. A place where pedestrians can cross the street without any markings is known as an unmarked crosswalk.
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Who Can Be Held Responsible for a Pedestrian Crosswalk Accident?
The responsibility for an accident might sometimes fall on a pedestrian, even though the pedestrian has the right of way according to California Vehicle Code section 21950. In some cases, the pedestrian may be held legally responsible.
For instance, pedestrians who recklessly dart into the road can be held liable for the accident they cause. To avoid accidents, pedestrians should be alert. Yet, motorists still have a responsibility to exercise caution regardless of the carelessness of the person on foot.
In some circumstances, other factors may come into play. For example, a municipal entity in charge of maintaining traffic signals could be at fault. You can consult a pedestrian crosswalk accident attorney in California to learn what parties can be liable in your specific case.
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Proving Your Claim in a Pedestrian Crosswalk Accident in California
In any accident involving a pedestrian and a motor vehicle, it is important to determine who is at fault and what degree of fault they bear. Crosswalk accident cases are personal injury cases where negligence can be proven by some type of careless or reckless action on the part of the driver.
In determining who is liable in a pedestrian injury claim, all circumstances will be taken into account, such as weather and lighting conditions, speed limits, and posted warning signs. The injured party must show that the driver was negligent in some way that resulted in their injury.
There may be arguments about where each party was located when the accident happened or whether any violations of the laws occurred. Your California pedestrian crosswalk accident attorney can gather the evidence to help bolster your claim and refute any allegations of fault against you.
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Pedestrian Crosswalk Accident Damages and Compensation in California
The type and amount of compensation you seek will depend on factors such as the severity of your injuries, how long you’ll need to be treated, and other related costs. In some instances, compensation for non-economic losses, such as emotional distress, may be granted.
There is no way to know for sure what the jury will decide or what the insurance company will pay out. But, based on precedent and experience, a pedestrian crosswalk accident attorney in California will be able to provide a rough estimate.
You can file a claim for compensatory damages related to a number of different things, including the following:
Emergency room visits, surgeries, and prescription drugs are all eligible medical expenses to be reimbursed after an accident. Always keep a record of the money you paid or owe, including bills, receipts, and bank statements.
Compensation for the wages you lost because of your injuries may be available. This can include the loss of future income if you are unable to return to your previous job. You may also be compensated for vocational rehabilitation in some situations.
Non-financial damages include mental anguish, loss of enjoyment of life, and other intangible losses. Although they may be more difficult to pin down, your attorney can get a good idea of the likely range by comparing the case to others that have recently settled.
A California Pedestrian Accident Lawyer Who Cares
It’s crucial to choose a California pedestrian crosswalk lawyer who will take the time to comprehend the specifics of your case as well as the circumstances surrounding the accident.
Our firm combines the facts with the client’s story to show how the accident and injury have impacted the client’s daily life, as jurors do not often base their decisions on facts alone.
We take satisfaction in being able to improve the lives of those we serve. Even in situations where clients lack health insurance, Triumph Law makes every effort to make sure they have access to the medical care they require to recover as fully as possible.
Contact a California Pedestrian Accident Law Firm for a Free Consultation
If you or someone you know has been injured in a pedestrian crosswalk accident, contact Triumph Law to protect your interests. In a free case evaluation, we will listen to your story, address your concerns, and assess your case.
Depending on the driver’s negligence or recklessness, you may be able to file a personal injury claim or lawsuit. Our team can help you understand your rights and options as well as negotiate with the at-fault driver’s insurance company on your behalf to ensure you get the compensation you need and deserve.