When you’re doing your part to obey pedestrian and traffic laws, it’s an incredible shock to be struck by a motor vehicle. If you’ve been injured in a pedestrian accident in Anaheim that wasn’t your fault, you may be entitled to significant compensation.
Contact the Anaheim personal injury lawyers of OnderLaw for top-notch legal representation. Give us a call or contact us through our website to schedule your free consultation. Our firm doesn’t require payment by you until we obtain compensation for you.
Why Do I Need a Lawyer?
When you’re involved in a pedestrian accident, one of the most important things you can do immediately is to get in contact with an attorney. An attorney can be an incredible asset to you, especially when it comes to filing a personal injury claim.
Depending on the severity of your injuries, you may not have the physical or mental capability to take on the stressful and time-consuming responsibility of gathering all the materials that are necessary to file a personal injury claim. Fortunately, if you have a lawyer, they can take on the majority of the work that goes into filing your claim.
An attorney can investigate your claim, gather medical and any other necessary documents, and speak with insurance providers on your behalf to try and negotiate a better settlement for you. Additionally, a lawyer can help you identify your next steps in the event that your claim is denied or the settlement offered is insufficient.
Why Choose OnderLaw ?
OnderLaw is a trusted resource for those disabled or injured in accidents in Anaheim and beyond. Our firm is dedicated to protecting the rights of our clients and fighting on their behalf for the full amount of compensation that’s owed to them.
Throughout the 19 years we’ve been a practicing law firm, we’ve recovered over $3 billion in damages for those injured in personal injury cases of all types. We’re intent on helping many more personal injury victims recover the compensation owed to them as a result of their accidents and the injuries they’ve sustained.
Our firm is recognized by many prestigious legal organizations scattered throughout the nation. Our firm and its partners are recognized by Martindale-Hubbell Peer and Client Review Ratings, Super Lawyers, and Rue Ratings Best Attorneys of America.
Ultimately, we understand that personal injury accidents can have catastrophic effects on the lives of those injured. While it’s impossible to erase those effects, it’s our goal to try and help remedy some of the unfortunate consequences that those injured in personal injury accidents are forced to endure. Contact us today.
Pedestrian Laws in California
Just as there are traffic laws in California that drivers are expected to follow, there are also pedestrian laws that California drivers are expected to adhere to. California pedestrian laws are as follows:
- Drivers are expected to yield, slow their speed, or come to a complete stop at crosswalks to ensure the safety of pedestrians.
- Drivers are encouraged to refrain from passing other vehicles stopped at crosswalks to ensure the safety of any pedestrians crossing.
- Drivers aren’t permitted to drive on sidewalks. The only exception to this rule is if the driver is attempting to enter or exit a driveway or alley. When crossing, drivers are expected to yield to pedestrians.
- Drivers aren’t permitted to stop on crosswalks.
- Drivers are expected to yield to a pedestrian who makes eye contact with them. Eye contact by a pedestrian is a sign that they wish to cross the street.
- Drivers are expected to provide enough time for older pedestrians, disabled pedestrians, and pedestrians with children to cross the street.
- Drivers are expected to obey pedestrian street signage.
- Pedestrians are to stay on the side of the road and use crosswalks Law section (ca.gov)
- When they’re not in a crosswalk, pedestrians are to yield to traffic Law section (ca.gov)
- Pedestrians must use the crosswalk between traffic signals Law section (ca.gov)
Types of Pedestrian Accidents
There are a few different types of pedestrian accidents possible. The most common types of pedestrian accidents include:
- Backing vehicle accidents
- Work or play accidents
- Highway crossing accidents
- Off-road accidents
- Roadside accidents
- Intersection accidents
- Failure to yield at crosswalk accidents
- Mid-block dart and dash accidents
- Multiple threat accidents
- Mailbox or mid-block vehicle accidents
- School bus crossing accidents
Causes of Pedestrian Accidents
There are several reasons why a pedestrian accident may occur. For example, a driver could be distracted by texting or conducting a phone call and collide with a pedestrian. The most common causes of pedestrian accidents include:
- Drunk driving
- Drugged driving
- Distracted driving
- Drowsy driving
- Aggressive or reckless driving
- Poor weather conditions or visibility
- Failure to yield right of way
- Speeding
Common Injuries Suffered in Pedestrian Accidents
The injuries you sustain in a pedestrian accident depend on the type of accident you were involved in, as well as the speed at which the other driver was traveling when you were struck. The most common injuries suffered by those involved in pedestrian accidents include:
- Fractured or broken bones
- Head and neck injuries
- Hand and wrist injuries
- Traumatic brain injury (TBI)
- Soft tissue damage
- Spinal cord damage
- Foot and ankle injuries
- Internal bleeding or trauma
- Amputation or disfigurement
- Cuts and scrapes
- Abrasions and lacerations
- Strains and sprains
- Shoulder injuries
Proving the Other Party was Negligent
When you’re the victim of a pedestrian accident, it’s generally easy to determine who’s at fault.
For example, if you’re crossing a crosswalk and you’re struck by a distracted driver, they’re at fault for neglecting to pay attention to the road. Had they been aware of what was going on in front of them, you wouldn’t have been hit. You could seek to recover compensation from the at-fault driver’s insurance provider.
In California, everyone has a duty to make sure that their actions harm no one. If you can show that the driver failed in this duty, that his failure caused the accident, and that you were injured in the accident, you likely have a valid claim for compensation.
Compensation for a Pedestrian Accident Claim
The amount and types of compensation available to you following an accident depend most importantly on the severity of your injuries and the length of your recovery time. The amount of compensation you may be entitled to for a broken arm is vastly different from the compensation you may receive if you were to break every bone in your body or if you developed a catastrophic traumatic brain injury (TBI). The most common types of compensation available to those injured in pedestrian accidents include:
- Medical expenses. When you’re injured in a pedestrian accident, you’re likely to have many medical bills associated with your recovery. If you’re not responsible for the accident, you shouldn’t be expected to foot the bill for the medical expenses that crop up as a result of your injuries. Fortunately, you can seek to recover damages for things such as hospital and doctor’s visits, x-rays, surgeries, rehabilitation, prescriptions, transportation by ambulance or another medical emergency vehicle, and more.
- Lost wages. The injuries you sustain as a result of the accident may require that you take some time away from your job to focus on your recovery. Although it’s absolutely necessary for you to take this time away to recover, an unfortunate consequence of this is that you may lose money while away from work. However, you can seek compensation for the wages you lost as a result of the accident.
- Lost earning capacity. Following an accident, you may develop a disability or injuries so devastating that you’re unable to return to work or perform the work you previously did at your fullest capacity. If this is the case for you, you may be eligible to recover damages for all past, present, and future lost earning capacity.
- Property damage. You may have personal belongings that are damaged or destroyed in a pedestrian accident. While some personal belongings are so precious that they cannot be restored, you can seek compensation to replace or repair the personal belongings that were damaged or destroyed in an accident.
- Pain and suffering. There’s a great deal of pain and suffering that you and your family will be forced to endure during and following the accident. Though there is nothing to be done to remove or remedy your pain and suffering, you and your family may be eligible to recover damages for the pain and suffering the accident has caused you.
- Emotional distress. A pedestrian accident can be incredibly traumatic. In fact, following the accident, you may go on to develop emotional disturbances or mental health disorders such as depression, anxiety, and post-traumatic stress disorder (PTSD). If this is the case for you, you could seek compensation for the distress the accident has caused you.
- Loss of enjoyment. Following the accident, you may no longer have the ability to participate in certain activities that brought you great joy prior to becoming injured. While you may not recover your prior quality of life, you can seek damages for your loss of enjoyment of life.
California Accident Statistics
Pedestrian accidents occur throughout the U.S. each day. Here’s a glimpse at the numbers in the state of California:
- According to the California Office of Traffic Safety (OTS) 893 pedestrians were killed in 2018.
- Data collected by the Governors Highway Safety Association (GHSA) reveals that 519 pedestrians were killed in California between January and June of 2019.
- According to the National Highway Safety Association (NHSA) 3,606 pedestrians were killed in total in the state of California during the 2019 calendar year.
Contact an Anaheim Pedestrian Accident Attorney
If you’ve been hurt in a pedestrian accident in Anaheim, contact OnderLaw today. Give us a call or contact us online to schedule a free consultation.
