Award-winning Sacramento Pedestrian Accident Attorneys
Injured in Sacramento County? Call The Heavy Hitters
If you or a loved one has been injured in a pedestrian accident, contact our Sacramento Pedestrian Accident Lawyers.
When you have suffered serious injuries that require medical treatment, our attorneys can make a claim against the driver’s insurance company for expenses including:
- medical bills,
- earning capacity,
- lost wages while recovering at home, and;
- emotional distress, among other damages.
The driver’s insurance company may reach out to you and try to get you to settle for a small amount of financial compensation, especially if you have not been evaluated by a medical professional.
Do not let them bully you into settling for an amount that does not cover all of your costs – past, present, and future. Contact our personal injury lawyers immediately to the legal advice you need to protect your claim. We can guide you through the legal process and protect your rights.
While an insurance adjuster will say they want to hear “your side of the story,” they really just want you to make a statement saying you are not hurt or that it was your fault.
Instead, you can let the insurance company know to speak to your personal injury attorneys. We will fight to protect your legal rights.
If the insurance company refuses to pay you a fair amount of compensation for their policyholder’s negligence, our experienced pedestrian accident lawyers can file a personal injury lawsuit to protect your pedestrian accident claim.
California Pedestrian Accident Laws Explained
There are many laws in California that are meant to protect both pedestrians and drivers from devastating accidents that cause catastrophic injuries and fatalities.
Pedestrians are inherently at a disadvantage since they do not have the protections a motor vehicle provides to its drivers and passengers. For example, California Vehicle Code Section 29150 states drivers:
“shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Even if the crosswalk is not marked, it is still presumed and a driver must yield to a pedestrian crossing there.
Pedestrians do not have the right of way when trying to cross the street outside of a crosswalk; they must yield to vehicle traffic on the road.
California has a “basic speed law” that requires drivers to stay at a speed that is safe for the current conditions on the road, including the presence of pedestrians and bicyclists.
California law also states that even though a pedestrian cannot cross the road outside of a crosswalk, drivers still have the responsibility to exercise due care to avoid hitting anyone who steps into the street.
Drivers are not allowed to drive on a sidewalk unless there is a specific path the vehicle must take to cross an intersection that includes a sidewalk.
Pedestrian Accident Claims & Statute of Limitations
Accident victims in California typically have two years to file a claim after an accident. However, an experienced pedestrian accident attorney will usually advise against waiting too long.
Why?
The sooner you can file your claim, the sooner your lawyers can begin working on your injury case, and the more evidence they can gather to handle your case more quickly.
Liability for Pedestrian Injuries
Pedestrians can be injured by passenger vehicles, trucks, bicyclists, motorized scooters, and even other pedestrians.
The person who hits a pedestrian can be considered liable under the standards similar to those in most other personal injury claims for negligence.
As an injured pedestrian, you need to prove three elements to be able to recover financial damages, including:
- The driver or other party owed you a duty of care;
- The driver or other party breached that duty of care because they were negligent; and
- The driver or other party’s negligence caused your injuries.
Every driver on California roads has a duty to be aware of other vehicles, pedestrians, and bicyclists. Drivers have an obligation to drive carefully, at a safe speed, while following all traffic laws.
Many pedestrian accidents are caused by reckless drivers. A motorist can be considered a negligent driver if they are found:
- speeding,
- failing to stop at a stop sign,
- driving while distracted,
- texting and driving,
- driving under the influence of alcohol or drugs, or;
- not following other traffic laws that can result in a vehicle accident.
Comparative Negligence in a Pedestrian Accident Case(Personal Injury Law)
Even if you were partially at fault for the accident, California law uses a comparative fault system, which means liability is allocated on a percentage basis and you can still recover compensation for your injuries.
FAQs About Pedestrian Accidents
What is a pedestrian accident?
A pedestrian accident is one that involves a person on foot (the pedestrian) and something of greater force, such as an automobile, a motorized bike, a bicycle, a golf cart, etc. When these two things collide, you have a pedestrian accident.
What are the main causes of pedestrian accidents?
Pedestrian accidents can happen for all sorts of reasons. Primarily, though, they involve driver negligence, such as distracted driving or reckless drivers.
For instance, those who are speeding or driving too fast for the current conditions, drivers who are distracted by texting, talking, eating, putting on makeup, and, of course, drivers under the influence of drugs or alcohol.
How much is the settlement for an injured pedestrian?
Settlement amounts for pedestrian accidents will vary greatly, as they are awarded based on the unique set of circumstances in each case. Your attorney will be able to review the specific aspects of your situation and give you an idea of what a settlement may look like, if one is possible.
Schedule a Free Consultation with Our Pedestrian Accident Attorneys at Curtis Legal Group
Finding a knowledgeable, trustworthy pedestrian accident attorney is essential to winning your case.
The team at Curtis Legal Group is here to make sure you are able to recover financial damages. We know just how traumatic auto accidents can be for you and your family.
You can trust Curtis Legal Group to explain all your legal options clearly, and handle your case so you can focus on healing. Contact our law office today and schedule a free case consultation today.