Glendale Pedestrian Accident Lawyer

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Glendale Pedestrian Accident Lawyer

Glendale Pedestrian Accident Attorney

Accidents between pedestrians and vehicles are among the most dangerous and devastating accidents in Glendale, CA. Though both pedestrians and drivers can be at fault for an accident, those in vehicles don’t often see serious injuries. Pedestrians frequently suffer life-altering injuries and fatalities in auto accidents.

After a car accident, victims or their surviving family members can file claims with the insurance provider of the driver who caused the accident. Unfortunately, these insurance claims rarely cover the scope of damages in a pedestrian accident and can leave victims and their families struggling financially and struggling through recovery. If you or a loved one were injured or killed in a pedestrian accident, you could file a personal injury or wrongful death claim. These claims can compensate for the significant damages you are facing and allow victims to heal and loved ones to regain some stability.

In order to obtain the compensation you deserve in a timely manner, you need the experience of a skilled personal injury and wrongful death attorney.

Making It Right for Pedestrian Accident Victims

If you or a loved one were the victim of a pedestrian accident, you may not know what to do. It can be a life-changing situation, and the idea of filing a claim may seem overwhelming. A compassionate and experienced attorney can help you. At the Law Offices of Carl D. Barnes, we can listen to your situation and determine the ideal legal route for a claim. Our attorneys have decades of collective experience, and our firm has long been working together to aid our clients. We are proud to serve the people and families in our community.

Filing a claim may seem complex, but our team has ample experience with these claims. We know how to handle claims like yours and want to get you the compensation you need to cover medical costs, lost earnings, and future complications from the accident. If you’ve been involved in a Glendale pedestrian accident, the Law Offices of Carl D. Barnes want to represent you.

What Should I Do After a Pedestrian Accident?

Always try to remain calm after an accident, even though you are likely feeling upset and may be in pain. In order to protect your rights and avoid liability disputes, there are several steps you should take:

  1. Call to get medical care and to report the accident. It’s important that a police report of the accident is filed, but pedestrian accidents can cause life-threatening injuries, so medical attention should be the priority.
  2. Stay at the scene, but go somewhere out of potential harm’s way. Check on other parties in the accident, but be careful what you say. You don’t want to admit fault in any way.
  3. Exchange information with the other parties in the accident. This includes names, contact information, and insurance provider information.
  4. Provide police reports and receive medical care. Pedestrian accidents can cause injuries like traumatic brain injuries, which are not immediately apparent to the injured party. Prompt medical care is important to notice these injuries.
  5. Document the scene. This includes taking photos of the vehicle or vehicles, any property damage or skid marks, your injuries, or other important parts of the accident.
  6. Get contact information from eyewitnesses. This includes names, phone numbers, and emails.
  7. Gather evidence. In addition to photos of the scene, get copies of medical reports, police reports, and write down what you remember from the accident. This is all important in creating a claim.
  8. Contact a pedestrian accident attorney. If you speak to an insurance provider before an attorney, do not accept any settlements. Ideally, you should talk with a qualified attorney before the insurance provider. Your attorney can advise you on your next steps for a successful claim.

Pedestrian Laws in California

Pedestrians and vehicles have to know and follow road and pedestrian laws. Pedestrians include foot traffic and individuals wearing skates or on skateboards. In the event of a pedestrian accident, any party breaking these laws may be considered partially or completely liable for the accident and subsequent damages.

Vehicle Code 21950 is the main pedestrian law, which requires vehicles to yield the right-of-way to pedestrians on intersection crosswalks, whether marked or unmarked. Vehicles have to take care to stop or slow down safely to allow pedestrians to cross. This law also states the duty of care pedestrians have to use a crosswalk safely. This means pedestrians should not:

  • Walk off the curb quickly or suddenly
  • Run or walk in front of an oncoming vehicle
  • Hold up traffic unnecessarily while crossing

As of 2023, jaywalking under Vehicle Code 21955 in California is not illegal as long as pedestrians do so safely. However, jaywalking is still illegal if done recklessly, such as in front of oncoming traffic.

Drivers also have to use additional care for vision-impaired pedestrians. A vision-impaired pedestrian with a guide dog or cane must be given the right-of-way at any intersection.

Common Causes of Glendale Pedestrian Accidents

Both pedestrians and vehicle drivers owe each other a reasonable duty of care to avoid accidents and harm. Pedestrian accidents are often avoidable and may be caused by driver or pedestrian inattentiveness or negligence. However, they may also be unavoidable accidents. Understanding the causes of pedestrian accidents can help pedestrians and motorists remain cautious. There are several potential causes of these accidents, including:

  • Distracted Drivers: Drivers may be texting, not paying attention to traffic signs, or otherwise distracted.
  • Distracted Pedestrians: Pedestrians can also be distracted while crossing roads by texting or may have headphones on, preventing them from being aware of their surroundings.
  • Unsafe Crosswalks: Pedestrians have the right-of-way on unmarked crosswalks, but they can still be dangerous. Areas with low visibility or confusing road signs can also make crossings unsafe. Both pedestrians and drivers must exercise reasonable care in these situations.
  • Driving Under the Influence: Driving under the influence of drugs or alcohol puts everyone on the road in danger. Pedestrians are at much higher risk of fatal or severe injuries from drunk driving accidents.
  • Failing to Yield: Pedestrians have to follow crosswalk symbols and can’t be in bike lanes. Vehicles must yield to pedestrians. If either party fails to yield, it can result in an accident.
  • Not Following Traffic Signals: Pedestrians may cross when there is no walking symbol, and drivers may ignore stop signs or stop lights.
  • Speeding: Motorists who speed give themselves less time to react to changes on the road and increase the damage they do in a collision.
  • Other Reckless and Illegal Actions: Jaywalking, walking across roads intoxicated, failing to check blind spots, or driving too close to sidewalks are all reckless or illegal actions that may cause pedestrian accidents.
  • Vehicle Malfunctions: Accidents can be caused by manufacturer defects. They may also be the result of vehicle owners who have failed to ensure maintenance.
  • Bad Weather or Road Conditions: Weather conditions that reduce visibility or make roads hard to drive on increase the chances of a pedestrian accident.

Drivers are not always the cause of pedestrian accidents, but they are frequently the at-fault party.

How to Prove Negligence in Pedestrian Accidents

To file a personal injury claim, one party must be at fault for the accident. At-fault parties can be held legally and financially liable for the injured party’s damages. At-fault parties may include the driver, the pedestrian, others on the road, a driver’s employer, or the city.

The most common reason for a party to be at-fault for a pedestrian accident is negligence. Negligence means that the party failed to exercise a duty of care that a reasonable person would have in the same situation. In order to have a successful personal injury claim based on negligence, you have to prove the following:

  1. Duty of Care: The other party owed you a duty of care. In a pedestrian accident, this is often easier because drivers on the road owe pedestrians a duty of care.
  2. Breach of Duty: The other party breached this duty of care. This includes breaking traffic laws or other reckless behavior.
  3. Causation: This breach of the party’s duty of care caused the accident. If the accident would have happened without the breach of duty of care, it may not be possible to hold the other party liable.
  4. Damages: The accident or injury caused recognizable damages that are compensable. This includes bodily injury, losses from medical costs, and property damage.

In order to prove each aspect of negligence, an attorney will have to gather evidence and may need to conduct an investigation of the accident. In order to obtain compensation, you must prove the other party’s negligence.

Comparative Negligence When Pedestrians Are Partially Responsible

If you were involved in a pedestrian accident, and you believe you were somewhat responsible, this doesn’t mean you can earn compensation for your injuries. Under California’s comparative negligence law, you can still cover damages with a personal injury claim, even if you were partially responsible.

During a personal injury claim, the court will determine fault between the two or more parties. This is not an objective decision and is influenced by the many factors unique to your accident. It is also influenced by the arguments of skilled attorneys. The court will divide fault between all parties involved. California is a pure comparative negligence state, which means that as long as your fault percentage is 99% or less, you can earn compensation.

Unfortunately, your compensation is reduced by the same amount as your percentage fault. In order to maximize your compensation, your attorney can work to limit your percentage of fault.

How Does a Glendale Pedestrian Accident Attorney Help?

The most effective way to maximize your compensation in a pedestrian accident claim is to work with an attorney. If you were injured, you are likely facing a significant recovery. You need to take this time to rest. Your attorney can handle the complex aspects of a legal claim.

Pedestrian accidents result in severe injuries that can often be fatal. If you have lost a loved one, you can file for wrongful death. It can be conflicting, but this claim can cover medical costs and your loss of income, allowing you and your family the time you need to grieve. An attorney can talk you through the options and help you understand what may work for you.

Pedestrian Accident Lawyer FAQs

Q: What Are Most Lawyer Fees for Pedestrian Accidents?

A: For many personal injury claims like pedestrian accidents, attorneys may charge on a contingency fee basis. This means you don’t owe up-front costs, and there are few additional costs. Instead, your attorney is paid a percentage of your final settlement. If they don’t succeed in settling your case, you don’t owe them fees. For California personal injury claims, this percentage is normally between 25 to 40%. An attorney’s fees depend on where they are located, their level of experience, and if your claim is complex. You should always discuss an attorney’s fees prior to hiring them.

Q: Do I Need a Lawyer for a Pedestrian Accident in California?

A: You don’t have to work with an attorney for a pedestrian accident claim, but it will be much harder without one. An attorney has the experience and skill to handle these claims effectively. They will work to maximize your compensation while you recover from the injuries caused by the accident. Your attorney will negotiate on your behalf, investigate the accident, gather essential evidence, file your claim according to legal deadlines, and protect your interests.

Q: Do Pedestrians Have the Right of Way in California?

A: Pedestrians do not always have the right-of-way in California, but they do in certain circumstances. Pedestrians have the right-of-way when crossing unmarked intersection crosswalks or marked crosswalks. Pedestrians also have the right-of-way when a crossing Walk sign is activated. Drivers must yield in these citations, but pedestrians still have a responsibility to cross safely.

Q: What Are Pedestrian Responsibilities in California?

A: Pedestrians usually have the right of way, but they must ensure caution and responsibility. Pedestrians have the responsibility to exercise reasonable care when crossing roadways. A pedestrian is not allowed to walk in a bike lane, jaywalk when it’s unsafe, or cross when there is an immediate hazard. Pedestrians have the responsibility to cross safely, which means not holding up traffic for no reason, not running out in front of oncoming traffic, and not suddenly entering the crosswalk.

Representing Your Rights

The Law Offices of Carl D. Barnes wants to give you the legal support you need. Contact our team today to see how we can help after a pedestrian accident.

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