Orange County Pedestrian Accident Lawyer

Orange County Pedestrian Accident Lawyer

California roads are the deadliest in the country for pedestrians, with a fatality rate that is 25% higher than the national average.

Per California law (Veh. Code, § 21950), pedestrians have the right of way, meaning that vehicles must yield to pedestrians and drivers need to exercise reasonable care.

Therefore, in most instances of a pedestrian accident, the driver is at fault. However, pedestrians are also expected to exercise reasonable care when crossing a marked or unmarked crosswalk. Pedestrians cannot create an immediate hazard, which means that driver does not have enough time to change course or slow down to prevent the accident. For example, if a pedestrian suddenly jumps from the curb into the street into oncoming traffic, they may have created an immediate hazard.

California is a “comparative fault” state. This means, if the pedestrian is partially at fault, then the damages awarded to them are adjusted accordingly. For example, if a pedestrian is hit by a car but found to be 20% at fault, then they may recover 80% of the sustained damages from the driver. Fault in a personal injury case can be determined by police reports, witness statements, photographs and video, as well as medical records.

Causes of Pedestrian Accidents

Pedestrian accidents occur for a variety of reasons, more often than not due to the fault of the driver. Causes include:

  • Distracted Driving, including cell phone usage, eating, or interacting with passengers
  • Drunk Driving and Driving Under the Influence of Drugs
  • Speeding
  • Driving while tired
  • Failure to yield to pedestrians on a left-hand or right-hand turn
  • Low visibility

What To Do If I Am In a Pedestrian Accident?

Pedestrian accidents are often times serious, and it is important that the first thing you do is get to safety. Additionally, what you do in the moments after your accident will affect the success of your case. Below are key steps to take if you are involved in a pedestrian accident:

  1. Get out of harm’s way. If you are struck by a vehicle and are in the middle of the road or in an area of oncoming traffic, move to a point of safety like the sidewalk, or the road’s shoulder.
  2. Dial 911 and request medical assistance if necessary.
  3. Provide an accurate and complete statement to the police and other authorities responding to the call. It’s important to communicate any injuries and property damage sustained, and to recall what transpired leading up to the accident.
  4. Take photos and videos of everything. This includes your injuries, the accident scene, drivers licenses, insurance, and registration.
  5. File a police report. If officers are called to the scene, they can assist. Under California law, one must file a police report within 24 hours of a car accident.
  6. Speak to witnesses and get their contact information. This will greatly assist in supporting your claim. Send a confirmation text to the witnesses to ensure you have their correct phone number.
  7. Visit a doctor immediately.
  8. Call us at (949) 771-4188 – we will evaluate your claim for free and can direct you to the proper medical providers for treatment.

Pedestrian Accident Injuries

Pedestrian accident injuries are often serious or even deadly, given that pedestrians are not protected by their vehicle, air bags, seat belts, etc. the way that a motorist is. Frequent injuries in pedestrian accident cases include:

  • Broken or fractured bones
  • Internal bleeding
  • Traumatic brain injury
  • Damage to internal organs
  • Torn ligaments
  • Injuries to the spinal cord and neck, which may lead to paralysis
  • Cuts and road rash
  • Muscle strains

California Jaywalking Law

Jaywalking is a term used for when a pedestrian crosses a street without using a crosswalk or proper intersection. In 2023, California introduced the Freedom to Walk Act, which decriminalized jaywalking. Jaywalkers now cannot be fined by a traffic officer (previously a $250 fine), nor can they be stopped unless they are creating an immediate chance of collision with a moving vehicle.

Though jaywalking is no longer illegal, it can be a key factor in a pedestrian accident case, particularly in establishing fault. Given California’s comparative fault system, a jaywalker in a pedestrian accident may be limited in their recovery if they are shown to be partly at fault.  Such cases are complicated, which is another reason why it is crucial to hire an attorney to represent you.

If you or a loved one have been hit by a car while walking or running, call us at (949) 771-4188 for a free consultation.

Get A Free Consultation Now