Rancho Cucamonga Pedestrian Accident Attorneys

pedestrian accident victims

A pedestrian accident can be life-altering. Pedestrian accident victims often deal with catastrophic injuries, costly medical bills, mental distress, and pain and suffering. From dealing with medical expenses to navigating insurance claims, you don't have to face these challenges alone. A Rancho Cucamonga pedestrian accident lawyer can help you protect your rights and pursue the compensation you deserve. If you were injured in a pedestrian accident caused by another person's negligence, call our personal injury attorneys for a free consultation.

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How Sierra Accident Lawyers Can Help with Your Claim

Navigating the legal complexities of a pedestrian accident claim can be overwhelming, especially when victims are recovering from injuries and facing financial strain. Fortunately, our Rancho Cucamonga pedestrian accident lawyers are here to guide you throughout the claims process. Here's how we can help:

  • Our experienced pedestrian accident attorneys have a deep understanding of personal injury law and local traffic laws. We will work to build a strong case on your behalf.
  • We will conduct a thorough investigation into the circumstances of the traffic accident, gather evidence, interview witnesses, and consult expert witnesses to establish liability.
  • Our personal injury lawyers will negotiate with the insurance companies to secure fair settlements that adequately compensate you for your losses.
  • If the insurance company does not offer a fair settlement, our seasoned trial lawyers are well-prepared to take your case to court and advocate for your rights before a judge and jury.

We will provide the strategic legal advocacy you need to win your case. Our personal injury lawyers will protect your rights and fight to obtain the compensation you deserve.

FEATURED ATTORNEY

Personal injury attorney - Adam Vogt
Adam Vogt, Esq., Of Counsel

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Common Types of Pedestrian Accidents

Between 2010 and 2021, pedestrian fatalities rose by an astonishing 77%. According to the Centers for Disease Control and Prevention (CDC), there were nearly 8,000 pedestrian fatalities across the US. That is about one death every 66 minutes. When vehicles drive at higher speeds it increases both the likelihood of a pedestrian being struck by a vehicle and the severity of the injuries sustained in a pedestrian accident. Some of the most common types of pedestrian accidents include:

  • Crosswalk accidents – Pedestrians are often hit by motor vehicles while crossing the street, especially at intersections or marked crosswalks.
  • Intersection accidents – Collisions at intersections can occur when drivers fail to yield to pedestrians or disobey traffic signals. More than 50% of the total fatal and injury crashes occur at or near intersections.
  • Parking lot accidents – Pedestrians are vulnerable in parking lots, where vehicles may back up or fail to see them while maneuvering.
  • Sidewalk accidents – Pedestrians may be struck by vehicles that veer onto sidewalks or do not follow traffic signs and signals.
  • Nighttime accidents Half of traffic deaths occur at nighttime. Reduced visibility at night increases the risk of pedestrian accidents, especially in poorly lit areas.
distracted driving. person using a cell phone while driving

8 Steps to Take After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, there are steps you can take to protect your rights and strengthen your legal claim. Here are eight crucial steps to take after a pedestrian accident:

  1. Seek immediate medical attention – Your health and safety should be the top priority. Even if you don’t feel seriously injured, it’s essential to undergo a medical evaluation to identify any hidden injuries.
  2. Contact law enforcement – Report the accident to the police and ensure that an official accident report is filed. This document can serve as valuable evidence in your case.
  3. Document the scene – Take photos of the accident scene, including vehicle damage, injuries, broken glass, skid marks, and any contributing factors such as road hazards.
  4. Gather witness information – Obtain contact information from any witnesses who saw the car accident occur and ask if they are willing to provide their statement.
  5. Exchange information – Gather the following information with the other parties involved: full names, addresses, phone numbers, insurance policy numbers, license plate numbers, and driver’s license information.
  6. Preserve evidence – Keep any clothing or personal items damaged in the accident. Ensure you also collect your medical records, receipts, and other documentation related to your injuries and expenses.
  7. Notify your insurance company – Report the accident to your insurance provider promptly. The other person’s insurance company may reach out and ask you to provide a written or recorded statement. However, it’s best to avoid providing recorded statements or accepting a settlement without consulting a personal injury lawyer.
  8. Consult an experienced pedestrian accident lawyer – An experienced Rancho Cucamonga pedestrian accident lawyer can calculate the extent of your damages, protect your rights, and advocate for fair compensation on your behalf.

Common Types of Pedestrian Accident Injuries

Pedestrians are particularly vulnerable to severe injuries in traffic crashes due to their lack of protection. Some of the most common injuries sustained in pedestrian accidents include the following:

  • Fractures and broken bones
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Soft tissue injuries
  • Facial injuries
  • Internal injuries
  • Road rash
  • Post-traumatic stress disorder (PTSD)
head injuries. brain scans

Types of Compensation that is Recoverable in a Pedestrian Accident Case

In a pedestrian accident case, injured pedestrians may be entitled to recover compensation for their injuries and damages. These damages can include economic and non-economic damages.

Economic Damages

Economic damages compensate the pedestrian for tangible financial losses resulting from the accident and injuries. These damages may include:

  • Property damage: Repair or replacement costs for any personal property damaged or destroyed in the accident, such as clothing or electronic devices.
  • Disability or disfigurement: Compensation for permanent injuries or scarring that result in long-term impairment or disfigurement.
  • Medical expenses: Costs related to emergency medical treatment, hospitalization, surgery, medication, rehabilitation, and ongoing medical care.
  • Lost wages: Pedestrian accident victims may need to miss work to recover from their injuries. Injured victims can seek compensation for lost income.

Non-Economic Damages

Non-economic damages compensate personal injury victims for intangible losses that are typically not easy to quantify. These damages may include:

  • Loss of enjoyment of life: Compensation for the impact the injuries have on the pedestrian’s ability to participate in activities and hobbies they enjoyed before the accident.
  • Pain and suffering: Victims may pursue compensation for physical pain, emotional distress, and mental anguish experienced as a result of the accident and injuries.
  • Emotional distress: This can include psychological trauma, anxiety, depression, and other emotional injuries caused by the accident.

California Pedestrian Laws

In California, pedestrian laws are in place to protect the safety and well-being of individuals traveling on foot. Understanding these laws can help pedestrians and motorists alike navigate shared roadways safely. Some key pedestrian laws in California include:

Right-of-way: According to California Vehicle Code 21949, drivers are required to yield the right-of-way to pedestrians at crosswalks and intersections, whether they are marked or unmarked.

Crosswalks: According to CVC Section 21950, pedestrians must use crosswalks when available and obey traffic signals and pedestrian walk signs. Motorists must exercise extreme caution around pedestrians. Drivers must yield to pedestrians in crosswalks and come to a complete stop to allow pedestrians to cross safely.

Duty to exercise due care: Both pedestrians and motorists have a duty to exercise reasonable care to avoid accidents and prevent harm to others.

Jaywalking: Jaywalking is still technically illegal in California. A pedestrian can cross the street if it is done in a safe and legal manner. However, a pedestrian is not permitted to cross in situations where a reasonable careful person would realize that there is an immediate risk or hazard of a collision.

car approaching pedestrians at a crosswalk

Proving Liability in a Pedestrian Accident Claim

Proving liability in a pedestrian accident claim requires demonstrating that the at-fault party acted negligently or recklessly, causing the accident and resulting injuries. To establish liability, the following elements must typically be proven:

Duty of Care

The defendant owed a duty of care to the plaintiff to operate their vehicle safely and avoid causing harm.

Breach

The at-fault party breached their duty of care by acting negligently. For example, a driver breaches their duty when they run a red light or drive while intoxicated.

Causation

The defendant’s breach of duty directly caused or contributed to the pedestrian’s injuries and damages.

Damages

The pedestrian suffered damages, such as medical bills, lost income, emotional trauma, and other financial losses as a result of the accident.

Percentage of Pedestrian Accidents Involving a Drunk Driver

Drunk driving is a significant factor in many pedestrian accidents, posing a serious threat to public safety. According to the National Safety Council (NSC), alcohol impairment was a factor in 41% of all pedestrian deaths in 2020. Driving under the influence (DUI) is a criminal offense punishable by fines, license suspension, and even imprisonment. 

When a pedestrian is injured or killed in a DUI-related accident, the consequences can be devastating for all parties involved. Victims of pedestrian accidents involving a drunk driver may be entitled to pursue compensation for their injuries and losses through a personal injury claim.

Drunk man driving a car with a bottle of beer

What Should I Do If the Insurance Company Contacts Me?

If the other party’s insurance company contacts you after a pedestrian accident, it’s essential to proceed with caution and protect your rights. Be wary of providing recorded statements or signing any documents without consulting a pedestrian accident lawyer.

Insurance adjusters may try to minimize your claim or pressure you into accepting a low settlement. If the insurance company presents a settlement offer, your personal injury attorney will carefully review the terms to ensure it adequately compensates you for your injuries and damages.

The Statute of Limitations for Pedestrian Accident Cases

In California, the statute of limitations for filing a personal injury lawsuit, including pedestrian accident cases, is generally two years from the accident date. Failing to file a lawsuit within the statute of limitations can result in the loss of your right to seek fair compensation.

However, certain circumstances may affect the statute of limitations, so it’s crucial to consult with a pedestrian accident lawyer to ensure you file your claim within the applicable deadlines.

Contact an Experienced Rancho Cucamonga Pedestrian Accident Lawyer

If you or a loved one sustained a serious injury in a pedestrian accident, don’t hesitate to seek legal representation from a Rancho Cucamonga pedestrian accident lawyer. An experienced personal injury attorney can provide the guidance, support, and advocacy you need to navigate the complex legal process.

At Sierra Accident Lawyers, we maintain a 99% success rate and will fight tirelessly to recover the maximum compensation. We offer a free initial consultation to review the viability of your case and your legal options. Call our Rancho Cucamonga personal injury law firm today to schedule a no-risk, free case review.

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8274 White Oak Avenue Suite 100
Rancho Cucamonga, CA 91730

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