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