Pedestrian Accidents
Pedestrian Accident Lawyer in the Bay Area
Fixing That Which is Broken, One Client at a Time
Traffic laws are designed to protect pedestrians from motor vehicles. All too often, however, negligent car and truck drivers ignore the law and put the lives of pedestrians at risk. If you or a loved one has been injured in a pedestrian accident, an experienced personal injury attorney can help you seek compensation for your injuries.
At Mitchell & Danoff Law Firm, our attorneys handle a wide range of personal injury cases for clients from the Bay Area. Regardless of the type or severity of your pedestrian accident injury, we can help you seek justice and compensation for the losses you have suffered. With thirty years of experience, our firm draws upon extensive resources and works to uphold an impressive track record of success on behalf of our clients.
Contact Mitchell & Danoff Law Firm to speak with an experienced Bay Area injury attorney.
Liability in Pedestrian Accident Cases
Pedestrian accidents typically involve walkers being struck by cars, but they can also involve collisions with trucks, buses, motorcycles or even bicycles. In such cases, it can be a challenge to obtain compensation for injuries sustained as a pedestrian, because it is often difficult to prove who was at fault. The issue of liability is often vigorously contested by both sides.
Drivers have a legal responsibility to take all reasonable measures to avoid collisions with pedestrians, no matter what else is going on. In reality, however, drivers often fail to see or yield to pedestrians even when they are in a designated crosswalk, resulting in serious injuries.
Pedestrian Accident Injuries
Pedestrians, even more so than motorcyclists and bicyclists, are extremely vulnerable to catastrophic injuries and even fatalities. Children and the elderly are the most vulnerable to injury and the most commonly injured pedestrians.
Common injuries include:
- Knee fractures
- Leg fractures
- Hip fractures
- Ankle fractures
When negligent drivers cause pedestrian accidents, they can do permanent harm to victims and their families.
After a pedestrian accident, you may have been able to obtain information about the person or vehicle that struck you. If you were injured in a hit-and-run, you may have little or no information about the driver. Whatever the case, we are here to help. We pursue justice and fair compensation on behalf of pedestrian accident victims.
Contact a Bay Area Personal Injury Attorney Today!
The last thing you should be worrying about after a car versus pedestrian accident is where you will find the money to hire an experienced lawyer to fight for your rights. That is why Mitchell & Danoff Law Firm always advances costs and handles all personal injury cases on a contingency fee basis, so you can concentrate on healing without worrying about paying for quality legal counsel. That means that we only charge for our work when we succeed for you, receiving a percentage of the recovery ONLY after we are successful.
Understanding Shared Liability As A Pedestrian In California
When it comes to pedestrian accidents in California, understanding the concept of shared liability is crucial, as our trusted Hollister, CA pedestrian accident lawyer can tell you. We recognize that accidents involving pedestrians can result in serious injuries and complex legal issues. We hope to shed light on the notion of shared liability for pedestrians in California after an accident.
The Duty Of Care For Pedestrians
In California, both drivers and pedestrians have a duty to exercise care and caution on the road to prevent accidents. Pedestrians are required to follow traffic rules and regulations, including using crosswalks, obeying traffic signals, and yielding the right-of-way when necessary. However, drivers also bear the responsibility to be vigilant and avoid collisions with pedestrians.
Understanding Shared Liability
Shared liability, also known as comparative negligence, is a legal doctrine that allows for a fair distribution of responsibility between the parties involved in an accident. In pedestrian accidents, it means that both the pedestrian and the driver may share some degree of fault for the incident. California follows a comparative negligence system, which means that compensation may be awarded to the injured party based on their percentage of fault.
Factors Considered In Shared Liability
Our Hollister pedestrian accident lawyer knows that several factors are considered when determining shared liability in pedestrian accidents:
- Pedestrian Actions: Were the actions of the pedestrian in any way contributory to the accident? Did they jaywalk, ignore traffic signals, or engage in reckless behavior?
- Driver Actions: Did the driver fail to exercise reasonable care while operating their vehicle? Were they speeding, distracted, impaired, or otherwise negligent?
- Visibility and Road Conditions: Were poor lighting, adverse weather conditions, or road defects a contributing factor to the accident?
How Shared Liability Affects Compensation
In cases of shared liability, the compensation awarded to the injured pedestrian is reduced by their percentage of fault. For instance, if a pedestrian is found to be 20% at fault for an accident, their compensation will be reduced by that percentage. This approach ensures that each party is held accountable for their role in the incident.
How We Can Help You
Our dedicated team of attorneys is well-versed in California’s personal injury laws, including those related to pedestrian accidents and shared liability. We will thoroughly investigate the circumstances of your accident, gather evidence, consult with experts if necessary, and build a strong case on your behalf. If you or a loved one has been involved in a pedestrian accident in California and you believe that shared liability may be a factor, it’s essential to act promptly. Contact our office for a consultation to discuss your case and explore your legal options.
Reach Out When You Are Ready
Navigating shared liability can be challenging, but you don’t have to do it alone. Call our team today to secure the legal support you need. Let us help you recover the compensation you deserve and ensure your rights are protected during this difficult time. Speak with Mitchell & Danoff Law Firm, Inc so that we can be your trusted legal advocates in your pursuit of justice after a pedestrian accident. Our Hollister pedestrian accident lawyer is ready for your call.
Understanding Shared Liability As A Pedestrian In California
When it comes to pedestrian accidents in California, understanding the concept of shared liability is crucial, as our trusted Hollister, CA pedestrian accident lawyer can tell you. We recognize that accidents involving pedestrians can result in serious injuries and complex legal issues. We hope to shed light on the notion of shared liability for pedestrians in California after an accident.
The Duty Of Care For Pedestrians
In California, both drivers and pedestrians have a duty to exercise care and caution on the road to prevent accidents. Pedestrians are required to follow traffic rules and regulations, including using crosswalks, obeying traffic signals, and yielding the right-of-way when necessary. However, drivers also bear the responsibility to be vigilant and avoid collisions with pedestrians.
Understanding Shared Liability
Shared liability, also known as comparative negligence, is a legal doctrine that allows for a fair distribution of responsibility between the parties involved in an accident. In pedestrian accidents, it means that both the pedestrian and the driver may share some degree of fault for the incident. California follows a comparative negligence system, which means that compensation may be awarded to the injured party based on their percentage of fault.
Factors Considered In Shared Liability
Our Hollister pedestrian accident lawyer knows that several factors are considered when determining shared liability in pedestrian accidents:
- Pedestrian Actions: Were the actions of the pedestrian in any way contributory to the accident? Did they jaywalk, ignore traffic signals, or engage in reckless behavior?
- Driver Actions: Did the driver fail to exercise reasonable care while operating their vehicle? Were they speeding, distracted, impaired, or otherwise negligent?
- Visibility and Road Conditions: Were poor lighting, adverse weather conditions, or road defects a contributing factor to the accident?
How Shared Liability Affects Compensation
In cases of shared liability, the compensation awarded to the injured pedestrian is reduced by their percentage of fault. For instance, if a pedestrian is found to be 20% at fault for an accident, their compensation will be reduced by that percentage. This approach ensures that each party is held accountable for their role in the incident.
How We Can Help You
Our dedicated team of attorneys is well-versed in California’s personal injury laws, including those related to pedestrian accidents and shared liability. We will thoroughly investigate the circumstances of your accident, gather evidence, consult with experts if necessary, and build a strong case on your behalf. If you or a loved one has been involved in a pedestrian accident in California and you believe that shared liability may be a factor, it’s essential to act promptly. Contact our office for a consultation to discuss your case and explore your legal options.
Reach Out When You Are Ready
Navigating shared liability can be challenging, but you don’t have to do it alone. Call our team today to secure the legal support you need. Let us help you recover the compensation you deserve and ensure your rights are protected during this difficult time. Speak with Mitchell & Danoff Law Firm, Inc so that we can be your trusted legal advocates in your pursuit of justice after a pedestrian accident. Our Hollister pedestrian accident lawyer is ready for your call.
Pedestrian Accident Attorney In San Jose
The Role Of A Pedestrian Accident Lawyer In The Bay Area
Pedestrian accidents are unfortunately a common occurrence, especially in bustling metropolitan areas such as the Bay Area. With a constant flow of vehicles and pedestrians, the risk of accidents is inherently high. Understanding your rights and navigating the legal process after such an unfortunate event can be daunting. This is where the expertise of a pedestrian accident lawyer becomes invaluable. Call Mitchell & Danoff Law Firm now (831) 219-2110 for your free consultation.
Understanding Pedestrian Accident Liability
One of the most challenging aspects of pedestrian accidents is determining liability. Although traffic laws are designed to protect pedestrians from motor vehicles, drivers often neglect these laws, inadvertently putting pedestrians at risk. Here are the primary components that factor into determining liability in pedestrian accidents:
- Driver’s Responsibility: Drivers are expected to exercise caution and yield to pedestrians, especially in designated areas like crosswalks. Failing to do so can result in severe consequences.
- Pedestrian’s Role: While drivers bear the majority of responsibility, pedestrians are also required to adhere to traffic rules such as using crosswalks and obeying traffic signals.
- Comparative Negligence: In California, shared liability or comparative negligence is a legal principle that can effect pedestrian accident cases. Both parties involved—driver and pedestrian—may share responsibility for the accident. Here, a percentage of fault is assigned, affecting the compensation awarded.
Common Pedestrian Accident Injuries
Pedestrians are particularly vulnerable during accidents and are prone to serious injuries. The following outlines frequent injuries sustained:
- Fractures: Legs, knees, hips, and ankles are common areas for fractures due to the impact with vehicles.
- Head Injuries: Traumatic brain injuries can occur if the pedestrian is struck with significant force.
- Spinal Injuries: The impact can lead to long-term spinal damage or paralysis.
Understanding the nature of these injuries is critical as they significantly impact the compensation and legal strategies pursued by accident lawyers.
The Role Of Mitchell & Danoff Law Firm
Call Mitchell & Danoff Law Firm now (831) 219-2110 because we specialize in handling personal injury cases related to pedestrian accidents. They provide comprehensive legal support to clients across the Bay Area for seeking compensation for injuries and suffering. Their approach includes:
- Advanced Resources and Experience: With thirty years of experience, the firm utilizes extensive resources to build strong cases.
- Contingency Fee Basis: They operate on a no-win, no-fee basis, meaning fees are only charged if the case results in compensation.
- Legal Advocacy: The firm provides expert legal advice and representation, ensuring clients are not burdened with legal fees during recovery.
Steps To Take After A Pedestrian Accident
- Ensure Safety: Move to a safe location and check for injuries. Call emergency services if necessary.
- Collect Information: Gather the contact information of the driver, including their license plate number and insurance details. Take photos of the scene if possible.
- Seek Medical Attention: Even if injuries appear minor, it’s crucial to undergo a medical evaluation to identify any internal injuries.
- Report the Accident: File a report with the police. This document serves as an official record of the incident and is valuable for legal proceedings.
- Consult a Lawyer: Contact a specialized pedestrian accident lawyer to discuss the accident, understand your rights, and determine the best legal strategy.
Understanding Shared Liability In Pedestrian Accidents
Shared liability is a unique concept in Californian law that applies to accidents involving pedestrians:
- Duty of Care: Both drivers and pedestrians must exercise caution. However, drivers have a higher duty of care.
- Determining Fault: Legal professionals from Mitchell & Danoff analyze the actions of both pedestrians and drivers to determine fault.
- Impact on Compensation: The compensation a pedestrian receives is adjusted based on their degree of fault.
How Mitchell & Danoff Support Clients
The legal team at Mitchell & Danoff ensures a methodical approach:
- Medical Care: They make sure you receive the medical treatment you need and deserve.
- Investigation: They conduct thorough investigations, gathering evidence such as witness testimonies and medical reports.
- Expert Consultation: They act as a intermediary with experts to evaluate the extent of injuries and the accident’s circumstances.
- Strong Representation: Attorneys represent clients in negotiations and court, striving for the best possible outcome.
The Importance Of Legal Representation After A Pedestrian Accident
Navigating the legal aftermath of a pedestrian accident without professional help can be overwhelming. Here’s why securing a skilled pedestrian accident lawyer, such as those at Mitchell & Danoff, is crucial:
- Expertise in Legal Procedures: The legal process involves complex documentation and deadlines. Lawyers ensure all procedures are properly followed to strengthen your case.
- Negotiation Skills: Insurance companies often attempt to minimize payouts. Experienced lawyers have the negotiation skills required to secure fair settlements.
- Comprehensive Case Evaluation: Attorneys provide a thorough evaluation of your case to determine potential compensation for medical expenses, lost wages, pain and suffering, and more.
- Trial Representation: If a settlement cannot be reached, having a lawyer means having professional representation ready to advocate for your rights in court.
- Emotional Support: Facing injuries or losing a loved one is traumatic. Lawyers offer not only legal help but also support through tough times, ensuring clients can focus more on their recovery.
- Fee Structure: Ensure the lawyer operates on a contingency fee basis, eliminating upfront costs and aligning your interests with securing compensation.
Tips For Pedestrian Safety To Prevent Accidents
While the legal system provides recourse after an accident, prevention is always preferred. Here are some safety tips for pedestrians:
- Use Crosswalks: Always cross the street at designated crosswalks and intersections. Adhering to signals and looking both ways can significantly reduce risk.
- Stay Visible: Wear bright or reflective clothing at night or in poor weather conditions to increase visibility to drivers.
- Avoid Distractions: Similar to drivers, pedestrians should avoid distractions like texting, listening to music at high volumes, or engaging in any activity that can divert attention from the road.
- Be Aware of Surroundings: Pay close attention to the behavior of vehicles, as not all drivers observe traffic rules.
- Understand Traffic Patterns: Familiarity with traffic patterns can help pedestrians anticipate vehicle movements and stay safe.
Concluding Thoughts
Pedestrian safety is a shared responsibility between drivers and pedestrians. However, when accidents occur, having the right legal support is crucial for navigating the complexities that follow. Call Mitchell & Danoff Law Firm now (831) 219-2110 because we exemplify commitment to justice, offering clients not only legal expertise but also a path to recovery and closure. By understanding shared liability, taking appropriate post-accident steps, and leveraging professional legal services, victims can achieve fair compensation. Always prioritize safety and be aware of your rights to ensure you are protected on the road.
For those affected by pedestrian accidents in the Bay Area, prioritize reaching out to qualified legal professionals, ensuring your rights are upheld and your recovery is supported every step of the way.
If you or a loved one has been injured in a pedestrian accident, we are here to help. Call (831) 219-2110 to speak with an experienced Bay Area personal injury lawyer. We have several convenient office locations to better serve you and your loved ones.
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Read DisclaimerFrequently Asked Questions
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Should I hire a lawyer for my personal injury case?
There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.
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How long will my personal injury case take to resolve?
This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.
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What is the average settlement amount for a personal injury claim?
The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.
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Does California put damage caps on claims for personal injury cases?
No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.