Every time you walk to your car, through a parking lot, or simply around town, you are at risk. In California, pedestrian-vehicle accidents are a serious problem, with hundreds of people killed and tens of thousands more seriously injured in these types of collisions every year.
At Casper, Meadows, Schwartz & Cook, we represent clients throughout the Bay Area who have been catastrophically injured or who have lost loved ones in devastating motor vehicle accidents. Our pedestrian accident attorneys in Walnut Creek fight for victims and their families, seeking fair compensation for the pain, suffering, and trauma they have endured. To date, our firm has recovered over $375,000,000 dollars in compensation, including numerous multi-million dollar settlements and verdicts. Reach out to us today to learn how we can help you get back on your feet after a serious pedestrian accident.
what To Do If You Are Hit By A Car While Walking
WHAT TO DO IF YOU ARE HIT BY A CAR WHILE WALKING
While all motor vehicle accidents can be devastating, those involving pedestrians are particularly so. A person on foot has essentially no protection against the sheer size and weight of a large passenger vehicle, motorcycle, or truck, meaning they are likely to sustain significant, life-altering, or even fatal, injuries in a collision.
If you believe the driver who hit you was being negligent or acting wrongfully at the time of the crash, you may have grounds for a personal injury claim. Our team at Casper, Meadows, Schwartz & Cook can help you understand your legal rights and options, including your potential right to financial compensation for your damages, such as medical expenses, pain and suffering, lost wages, and more.
In cases of pedestrian accidents resulting in death, we assist the heirs to obtain compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; loss of financial support; funeral and burial expenses; and any other compensation allowed by law.
does The Pedestrian Always Have The Right Of Way?
DOES THE PEDESTRIAN ALWAYS HAVE THE RIGHT OF WAY?
In California, motorists have a strict duty of care to pedestrians. This means that they must always act reasonably and ensure the safety of pedestrians (to the best of their ability). In most cases, this translates to yielding the right of way to people on foot whenever it is reasonably feasible to do so. In fact, the law states that vehicles must always yield to pedestrians crossing in marked crosswalks or unmarked crosswalks at intersections, and motorists should always utilize “due care” when approaching or driving near or around pedestrians.
However, California law does outline certain instances in which pedestrians do not have the right of way and, instead, must yield to oncoming traffic.
By law, pedestrians must yield the right of way to vehicles in the following situations:
- When crossing the roadway at any point other than a marked or unmarked crosswalk
- When walking along a highway or road primarily designed for motor vehicles
- When crossing, walking along, or standing in a roadway outside of an intersection
Additionally, pedestrians in California are prohibited from:
- Suddenly leaving a place of safety, such as a curb or sidewalk, and entering a roadway when oncoming vehicles cannot reasonably stop or yield
- Unnecessarily or unreasonably delaying traffic when crossing a roadway in a marked or unmarked crosswalk at an intersection
- “Jaywalking,” or crossing a roadway at any point other than a marked or unmarked crosswalk between two adjacent intersections with working traffic control devices
Under California’s comparative negligence doctrine, a pedestrian could be found partially at fault for an accident if they are deemed to have acted negligently. While this does not mean they cannot file a claim for compensation, it does mean that their total recovery amount (settlement or verdict) will be reduced by their at-fault percentage.
what Is The Average Settlement For A Pedestrian Hit By A Car?
WHAT IS THE AVERAGE SETTLEMENT FOR A PEDESTRIAN HIT BY A CAR?
Every case is unique and determining if your case will even settle can be quite complicated.
Some of the many factors that impact the potential value of a pedestrian accident claim include:
- The severity of the collision
- The degree of fault of each involved party
- The nature and extent of the plaintiff’s injuries and damages
- The cost of medical care required to treat the plaintiff’s injuries
- The degree of the plaintiff’s pain and suffering
- Available compensation from the defendant’s insurance provider
Additionally, the insurance company’s willingness to settle will impact your claim, as will a multitude of other unique factors. We strongly encourage you to reach out to our Walnut Creek pedestrian accident lawyers if you wish to discuss the specifics of your Bay Area traffic accident, including the potential value of your case.
request A Free Consultation Today
REQUEST A FREE CONSULTATION TODAY
Moving forward after a serious accident collision can be difficult, particularly when you or someone you love was hit by a car while walking. However, with the right legal team by your side, you can have confidence knowing that someone is there to answer your questions and fight for your rights every step of the way.
When you choose Casper, Meadows, Schwartz & Cook, you get a personalized and compassionate approach from a team of proven trial lawyers and caring support staff. We believe that negligent and reckless motorists should be held accountable—and we have the resources, skills, and experience to aggressively advocate for you.
