The Ultimate Guide to Pedestrian
Accident Injuries in California

Pedestrian accidents in California

Pedestrian accidents can lead to catastrophic injuries and life-changing outcomes. We at Beverly Hills Injury Firm are dedicated to fighting for the rights of individuals injured while walking along the streets of California.

This guide is an entirely subjective guide for victims and their families, containing important legal advice as well as practical tips, and advice on how to survive the claim.

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Steps to Take After a Pedestrian Accident

Acting fast after a pedestrian accident is crucial, for your health and for the law:

Get medical help right away, even if you think injuries are mild.

Injuries may not be readily apparent, and medical records are evidentiary to your case.

Dial 911 and Report the Accident:

Gather as much info as possible:

Photograph: injuries, the car, street signs, and conditions.

Obtain Contact Information: From the driver as well as any witnesses.

Do Not Admit Wrongdoing: Remain calm and stick to the facts.

Request Footage: from traffic cameras or surveillance cameras, Sometimes this is what makes all the difference.

Talk to a Knowledgeable Pedestrian Accident Attorney: Legal assistance from day one is important.

Report the Accident

Inform the local police and your insurance provider of the accident.

When talking about the incident, be honest but do not accept responsibility.

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Examples of Pedestrian Accidents

Pedestrian accidents can happen in a number of ways, with several of them contributed to by careless and reckless drivers. Common types include:

Crosswalk Incidence: Drivers failing to stop for pedestrians in a marked crosswalk.
Intersections Impacts: Pedestrian struck at or near an intersection.
Fail to Remain: Fleeing after you strike a pedestrian.
Parking Lot Wrecks: When backing or turning in busy pedestrian area’s.
Sidewalk/Shoulder Impact: Drivers losing control and hitting the side of the road.
School Zone Accidents: Accidents caused by speeding or distracted drivers near a school with children present.
DUI or Distraction Accident: An accident that happened due to a distracted or intoxicated driver.

Establishing Who Is at Fault

Under California's law, drivers have a duty of care to pedestrians, but fault will be based on a close examination of the facts. Some of the factors that you will have to show in order to establish liability are:

Pedestrian Right of Way: If the pedestrian crossed lawfully, the fault can most likely be placed on the driver.

Careless Driving: Such as speeding or texting or running a red light or stop sign.

Crosswalk vs. Jaywalking: Non-crosswalk pedestrians are less than blameless.

Comparative Negligence: California follows a system of comparative negligence, which means that compensation is reduced by the pedestrian’s percentage of fault

Video and Eyewitnesses: Useful for re-creating the accident and establishing fault.

Pedestrian accident victims may be eligible for a variety of compensation

Medical Treatment: Initial treatment, operations, rehabilitation, and follow-up care.

Lost Earnings: Time off work and reduced income potential.

Pain and Suffering Damages: for physical pain and emotional suffering.

Permanently Disable: On injuries that have long term mobility or function restrictions.

Deformity and Scarring: This is particularly true of physical injuries that are visibly repugnant.

Loss of Enjoyment of Life: Money awarded for the candidate's inability to live the life he was able to lead before the injury.

Wrongful Death: In cases where a pedestrian is killed, families may be eligible to pursue funeral expenses, loss of income, and loss of companion.

Understand Time Limits

In California, the pedestrian accident limitation (time for filing a case) for an injury to a person is two years from the date of the injury. However: If a government entity is liable (you were hit by a city vehicle, you tripped on an un-repaired sidewalk), you have to file a government claim within six months. Filing early increases the odds of being able to prevent evidence loss and obtain the best outcome possible.

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Navigating the Legal Process in Pedestrian Accident Cases

Here’s what you can generally expect in a pedestrian injury claim:

Free Initial Consultation: A complimentary consultation with one of our attorneys.

Investigation: We collect evidence such as medical records, police reports, witness statements and video evidence.

Letter of Demand: The following step is sending a demand letter to the insurance company that outlines how much money you’re asking for.

Negotiation: The vast majority of cases are settled.

If No Fair Settlement Can Be Agreed Upon: If the injured party and insurance company cannot come to a fair settlement, a personal injury lawsuit is filed.

Discovery: Prospective litigants share evidence and hold depositions, building their arguments. Settle or Go to Trial: Either it gets settled in mediation or it goes to trial in front of a jury of your peers.

During the entire process, Beverly Hills Injury Firm will fight for your rights
and strive to obtain the highest possible settlement for you.

FAQ's

What happens if I was jaywalking when I was struck?

You might still have some rights to compensation. California’s comparative negligence law permits recovery even if you were partially responsible, but your award may be reduced.

I lost a loved one in a pedestrian accident, can I file a claim?

Yes. The surviving family members can consider filing a wrongful death claim.

What if the driver has left the scene?

You can submit a claim under your uninsured motorist (UM) policy, or pursue a claim in other ways through legal channels.

What is the value of my pedestrian accident case?

That depends on such variables as the extent of your injuries, medical expenses, lost income and long-term repercussions.

Do I need to talk to the insurance company after the accident?

No. Leave all correspondence to your lawyer, simply to ensure that you do not accidentally weaken your case.

Navigating the Legal Process

Working with a law firm such as Beverly Hills Injury Firm for your Pedestrian Accident Lawsuit means that you are represented by an expert in the law relative to California. Our lawyers are known for their exceptional abilities and dedication to achieving the best results possible for our clients throughout our state.

If you have been involved in a pedestrian accident in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in pedestrian accident cases and we will fight to help you preserve your rights and get you the maximum compensation you are entitled to.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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