Category Archives: Pedestrian Accidents

Steps to Taking Legal Action After Being Involved in a Pedestrian Accident

29 May
2020

If you were involved in an accident as a pedestrian, you likely suffered serious injuries. The steps you take following your accident with a vehicle, bicycle, or motorcycle can help ensure that your legal rights are protected and that you receive justice for your suffering due to someone else’s negligence.

Contact the Police

The first step after any accident is to call the police. Even if you feel you were not injured that badly, there should be an official report of the accident. This police report will serve you well at a later time if you make the decision to pursue charges against the negligent party for your injuries and suffering. Make sure to request a copy of the police report when it is completed.

Seek Medical Evaluation and Treatment

Even if you feel your injuries are minor, you should always seek immediate medical treatment following any kind of accident. Many injuries do not appear until hours or days following an accident (such as traumatic brain injuries and whiplash), and only a medical professional will be able to ascertain what your injuries are and their severity. Go to the hospital immediately, or at least to your healthcare provider as soon as possible for a complete medical evaluation, and to determine your best course of treatment. Also, if you ever decide to pursue a claim in the future, the official medical examination will prove that your injuries are a direct result of the accident.

Documentation

You should obtain as much of the following documentation as possible:

  • Obtain contact information of all parties involved in the accident, including any witnesses.
  • Take photographs of the accident, any injuries, the weather conditions, the road conditions, the traffic lights, and the entire area.
  • Keep all documents regarding all medical treatments, medical bills, doctors’ notes, diagnostic testing, lost wages due to your inability to return to work, physical therapy, mental health therapy, and any treatment plans or diagnoses.
  • Keep a personal diary and log of any mental/physical symptoms, the amount of pain you are in, and any daily tasks you are unable to perform due to your injury.

Insurance Companies

Take care when talking with insurance companies to never reveal too much information or admit fault. Also, never allow an insurance company full access to your complete medical records, only allow them to see medical records when you are finally finished with treatment and only those records pertaining to your injury. Never agree to be recorded during a phone call, and do not accept any first settlement offer, as it is likely too low to cover your medical bills, lost wages, and pain and suffering appropriately.

Contact a Pedestrian Accident Attorney

If you have been injured in a pedestrian accident, you are likely facing significant medical bills, and the inability to return to work to pay for them. While you may feel overwhelmed, contact the experienced pedestrian accident attorneys at The Law Office of Daniel H. Rose. We will work to build you a strong personal injury case and help you understand your legal rights. Contact our attorneys at 415-946-8900 or online today for a free consultation.

Determining Fault in Accidents Involving Pedestrians and Cars

30 March
2020

If you were in an accident that involved both a pedestrian and a vehicle, you may think that the pedestrian always has the right-of-way. However, there are cases where an accident may result from the negligent actions of a pedestrian. Determining fault and liability in a car accident with a pedestrian can oftentimes be legally challenging. Learn how fault can be determined and what your legal rights are following an accident.

Driver Fault

Pedestrians oftentimes face catastrophic injuries following an accident with a vehicle and in many cases, the driver of the vehicle will be negligent and responsible. Drivers have a responsibility to ensure that they stay aware of their surroundings to ensure that they do not hit any pedestrians.

Additionally, distracted driving, or driving under the influence of drugs or alcohol often result in pedestrian injuries. In these cases, a driver will be held liable for any injuries suffered by a pedestrian hit in a crosswalk. If a driver is determined to be at fault for the accident, they will likely be responsible for medical bills, lost wages, and the pain and suffering of the pedestrian victim.

Pedestrian Fault

While most people think that the pedestrian always has the right-of-way, this is not always the case, legally. A pedestrian also has a responsibility towards the drivers in traffic and crosswalks. If a pedestrian acted negligently by jaywalking, walking along any highway, bridges or other areas where pedestrians are not allowed, darting out into traffic, walking out into traffic due to texting or another distraction, or crossing against a traffic signal, the pedestrian may be held liable for the accident and responsible for damages or injuries suffered.

Shared Fault

In some cases, there may be situations where both the driver and pedestrian share fault regarding the accident. For example, the pedestrian may have been jaywalking, but the driver was operating a motor vehicle while intoxicated. In these cases, there may be shared fault between the driver and the pedestrian that an experienced accident attorney can help you legally navigate in order to receive the compensation you deserve.

Police Report

In most cases, the police complete a report regarding a pedestrian and vehicle accident and in these cases, they may indicate who they believe was at fault. However, contacting an experienced accident attorney can help you conduct an independent investigation and help correctly determine fault in your accident involving a pedestrian and a car.

Contact a Car Accident Attorney

If you were involved in an accident between a vehicle and a pedestrian, you may have questions regarding who is at fault and will have to pay compensation. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that the correct parties in your accident are held responsible and will help you determine fault so that your legal rights are protected, and you receive the compensation you deserve. Contact our experienced car accident attorneys at 415-946-8900 or online today.

5 Important Things You Need to Know About Pedestrian Accidents

30 July
2019

From hit-and-run accidents to side-swiping and curb-jumping accidents, pedestrians are among some of the most vulnerable when it comes to the injuries they sustain when involved in an accident. If you’ve suffered injuries due to a pedestrian accident, you must get the medical attention you need as soon as possible. 

From there, it’s important you understand these five things about pedestrian accidents. Then reach out to a passionate, experienced personal injury attorney to discuss your options.

1. You have the right to compensation after a pedestrian accident.

California law provides you with the right to seek compensation against individuals who cause you harm due to their negligent behavior. This right applies in all injury cases, including pedestrian accidents. 

The types of financial compensation you can seek will depend on the specific facts of your case. Speak to an experienced personal injury lawyer about whether the following types of damages apply in your case:

  • Medical bills (physical and psychological)
  • Short or long-term care bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Rehabilitation costs

2. California law takes your actions into account when apportioning blame. 

You must use reasonable care when walking. Failure to use reasonable care means you were negligent and have some blame in your accident. 

For instance, were you walking at night without a flashlight or reflective clothing? Did you cross at a crosswalk when the “don’t walk” signal was up? These are just a couple of examples of negligent behavior that can affect how much you may be able to recover in a personal injury lawsuit against the driver.

3. The term “pedestrian accident” applies to more than people who were out walking.

If a driver hit you while you were walking, jogging, running, riding a skateboard, rollerblading, using a wheelchair or other assistive device, or even sitting, then you are considered a pedestrian and California’s pedestrian accident laws apply.

4. The term also applies to accidents that do not involve vehicles.

When you hear the term “pedestrian accident,” you most likely think of accidents involving walkers and drivers of motor vehicles. That’s only one aspect, however. Pedestrian accidents also involve claims where pedestrians suffered injuries due to broken sidewalks, negligently maintained parking lots and related issues. 

In such cases, the at-fault party isn’t an individual but is instead a property owner, business, city or other municipality, or another third party.

5. There is a time limit for filing a pedestrian accident lawsuit.

In general, you have two years from the date of your pedestrian accident to file your lawsuit. That said, it is incredibly important to contact an experienced personal injury attorney as soon as possible after your accident so you can preserve evidence and begin building your case. 

Contact a Personal Injury Lawyer if You’ve Been Hurt in a Pedestrian Accident

Do not face a pedestrian accident lawsuit without the advice and assistance of a dedicated personal injury attorney. In California, call on the Law Office of Daniel H. Rose for compassionate advocacy and knowledgeable guidance. Request your complimentary consultation today by contacting our firm at 415-946-8900.

A Primary Cause of Injury and Death to Pedestrians and Bicyclists Traveling on Sidewalks is Vehicles Exiting Parking Lots and Driveways

17 June
2018

One of the primary ways in which pedestrians and bicyclists traveling on sidewalks are injured or killed is by motor vehicles exiting parking lots or driveways. A recent example is the Bay Area case of an 84-year-old woman killed by a vehicle exiting a parking lot on W. El Camino Real in Sunnyvale. Based upon my experience as a pedestrian and bicycle accident lawyer, it appears that the most common way this occurs is when the pedestrian or bicyclist is traveling on the sidewalk in the opposite direction that the cars on the adjacent road are traveling.

Because the driver of the vehicle exiting the parking lot is most concerned with entering the traffic traveling in the direction the driver wishes to go, the driver quite often neglects to look for potential sidewalk traffic coming from the opposite direction. Sometimes contributing to the failure of the driver to notice pedestrians and bicyclists is the presence of things which obstruct the driver’s vision such as hedges, walls or commercial signs. Pedestrians and bicyclists injured in such collisions often report that they mistakenly believed that the driver acknowledged or noticed them before driving into them or across their path. While drivers under these circumstances are almost always held to be negligent, it would appear to be safe practice for pedestrians and bicyclists to be aware of this potential driver behavior when approaching driveways and exits.