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Pedestrian Accidents

Lancaster Pedestrian Accident Lawyer

Fighting Pedestrian Accident Victims in Antelope Valley

If you or a loved one suffered an injury as a pedestrian in Lancaster, California, or the surrounding area, Accident Attorneys is the place to turn. We have more than 75 years of combined experience serving clients throughout the Antelope Valley and are ready to use our skills to help you.

Don't risk the future of your case with the wrong firm; contact our office by calling  (661) 261-4929 today to see what our Lancaster pedestrian accident attorney can do for your lawsuit or claim.

Understanding Pedestrian Right of Way in California

You’ve been injured by a motor vehicle and are already dealing with the pain and suffering, medical visits, and drama of the situation. The last thing you want to do is study legal jargon about what has brought such devastation in your life. For the nuances that impact your case, you can have our team standing by your side and guiding you through, but it is important to know the big-picture laws that can impact your case. 

The basic laws are under CA Vehicle Code 21950, which gives the right-of-way to pedestrians who are crossing the road within a marked or unmarked crosswalk. Motorists are required to yield, and if they don’t, should be held liable. 

Driver's Duty to Exercise Due Care

Additionally, the law requires drivers to "exercise due care" as they approach a pedestrian in a crosswalk. This includes slowing down or any other action needed to avoid harming the pedestrian. These rules apply to marked and unmarked pedestrian crossings.

When a crosswalk law is violated, however, who is liable may change. This law does not allow pedestrians to enter a crosswalk without giving traffic enough time to slow down. According to CA V C § 21950(b), the pedestrian is responsible for his / her own safety as well.

Common Injuries in Pedestrian Accidents

Pedestrian accidents can lead to a scope of injuries varying from minor to catastrophic. Understanding the common injuries associated with these accidents is essential for building a strong legal case. Some prevalent injuries include:

  • Fractures and Broken Bones: Pedestrians are vulnerable to fractures and broken bones upon impact with a vehicle. The force of the collision can lead to severe orthopedic injuries that may require extensive medical treatment.
  • Head Injuries: Traumatic brain injuries (TBIs) and concussions are common in pedestrian accidents, especially when the victim's head makes contact with the vehicle or the ground. These injuries can have lasting effects on cognitive function and overall well-being.
  • Spinal Cord Injuries: The impact of a collision can cause damage to the spinal cord, leading to paralysis or other debilitating conditions. These injuries often need ongoing medical care, rehabilitation, and adaptive equipment.
  • Soft Tissue Injuries: Pedestrians may suffer injuries to muscles, tendons, and ligaments, causing pain, swelling, and long-term discomfort. Soft tissue injuries can sometimes be overlooked, emphasizing the importance of a comprehensive medical evaluation.
  • Psychological Trauma: The emotional toll of a pedestrian accident can be significant. Victims may experience anxiety, depression, and post-traumatic stress disorder (PTSD). Seeking compensation for psychological trauma is a crucial aspect of any pedestrian accident claim.

What Damages Could Be Recovered in a Pedestrian Accident?

When pursuing a pedestrian accident claim, understanding the potential damages is essential. Recoverable damages in a pedestrian accident case could include:

  • Medical Expenses: Compensation for present and future medical bills, including hospitalization, surgeries, rehabilitation, medication, and therapy.
  • Lost Wages: Reimbursement for income lost because of the inability to work during recovery. This includes both current and future lost earnings if the injuries lead to a long-term or permanent disability.
  • Pain and Suffering: Compensation for physical and emotional distress because of the accident can include pain, anxiety, and diminished quality of life.
  • Property Damage: Reimbursement for the repair or replacement of personal property damaged in the accident, like clothing, electronics, or other belongings.
  • Wrongful Death Damages: In the tragic event of a pedestrian fatality, surviving family members may pursue damages for funeral expenses, loss of companionship, and other related costs.

California's Statute of Limitations for Pedestrian Accidents

In California, there is a limited timeframe, known as the statute of limitations, within which a pedestrian accident claim must be filed. It's essential to act promptly to protect your rights and preserve the evidence necessary for a successful case. The statute of limitations for pedestrian accidents in California is typically two years from the initial date of the incident.

Failure to file the claim within this deadline could lead to the loss of your right to seek compensation. However, certain circumstances may alter the statute of limitations, making it imperative to consult with Accident Attorneys as soon as possible to ensure compliance with the legal deadlines.

Contact Our Lancaster Pedestrian Accident Attorney Today

At Accident Attorneys, we believe that careless drivers should be held responsible for the injuries that they cause. Motorists are required by the law to yield the right of way to pedestrians and take due care to avoid causing a serious accident. Contact our firm today to learn more about your rights after a serious pedestrian accident.

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DO YOU HAVE QUESTIONS?

WE HAVE ANSWERS

Still have questions or can't find the answer you need? Give us a call at 661-261-4929 today!

  • What is the minimum amount for a personal injury settlement?

    There is no minimum amount of money allowed for a personal injury settlement; every case is determined by the unique facts surrounding the claim. Additionally, most jurisdictions do not have a cap on the amount of my money that you can receive through a personal injury settlement.

    In California, the amount of money that you can receive for noneconomic damages (pain, suffering, etc.) for a medical malpractice case is limited to $250,000; however, other injury settlements are not subject to this restriction.

  • How will I receive my personal injury settlement?

    If you file a claim against an individual, his / her insurance company is probably aware of the judgment. If the insurance is unaware of the settlement, you can notify the insurer. At this point, the insurance provider should issue a check for the settlement.

    If the responsible party does not have insurance, you may need to enter the settlement with the court. The court has the authority to enforce the judgment if the responsible party refuses to pay.

  • How much is my personal injury case worth?

    Every case is different. A variety of circumstances determine the value of your claim. Property damage, medical expenses, hospitalization fees, pain, and suffering, missed wages, and many other factors can affect the outcome of your case.

    You can even collect damages for future unemployment / missed wages and ongoing medical costs. Speak with a member of the legal team at Accident Attorneys to learn more about the potential value of your case.

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