Maison Law represents injured pedestrians in California.
A pedestrian accident can alter a person’s life in a matter of seconds. With a single careless act by a motorist, an innocent pedestrian can suffer severe disability, extensive medical treatment, and insurmountable financial loss.
At Maison Law, we seek financial justice for injured pedestrians and ensure they’re compensated to the fullest extent. Protect your right to compensation and contact Maison Law today for a no-cost, no-obligation consultation.
Bakersfield Pedestrian Accident Claims Process
Step 1
Call Us For A Free Consultation
Call us 24/7 with No Obligations.
Step 2
Describe Your Accident Details
We will then discuss your legal options and decide whether to move your case forward.
Step 3
Retain Maison Law w/ No Upfront Fees
We work on contingency. No attorney fees unless you win your case.
Step 4
Receive Your Compensation
We will fight for you to earn the highest possible payout for your damages.
Should I Call a Lawyer After a Pedestrian Accident?
If you were hit by a car and somehow your injuries are very minor, you may not need the help of a lawyer. It’s when you suffer serious harm, like a broken bone, a deep cut, or a head injury, that you may need the protection of a Bakersfield Pedestrian Accident Lawyer.
When medical bills start to build, auto insurance adjusters will fight even harder to get out of having to provide support. They may say you were at fault or try to convince you to sign off on a “lowball” settlement offer that ignores many of your recovery costs. Your Maison Law attorney is a safeguard against this treatment. Your lawyer will submit all evidence to force insurers to accept responsibility and pay the maximum compensation available.
Your lawyer can often secure much more in compensation for your recovery than you could earn by filing yourself.
Who is Considered a Pedestrian in Bakersfield?
Right-of-way laws in combination with common courtesy, as well as common sense, are used to help promote traffic safety in Bakersfield. Unfortunately, drivers can and will make careless decisions on the road, often causing an accident with other people walking, biking, or driving.
According to the California Office of Traffic Safety, there are over 100 pedestrians injured by vehicles every year. Many times, these preventable collisions are due to drivers ignoring signs, signals, or markings where pedestrians may be crossing.
In Bakersfield, a pedestrian is considered anyone who is:
- Walking
- Riding a motorized assistive mobility device
- Riding something that is propelled by their own efforts, other than a bicycle
People using the following devices for transportation are also considered pedestrians:
- Skateboards
- Scooters
- Rollerskates
- Rollerblades
- Skis
- Wheelchairs
- Crutches
The following transportation devices are NOT considered pedestrians:
- E-scooters
- Hoverboards
- Motorized bikes
- Bicycles
- E-bikes
How Maison Law Helps Bakersfield Pedestrian Accident Victims
An unfortunate truth that most pedestrian accidents don’t discover until it is too late is that insurance companies will often under-compensate you. Even if you are too injured to work or pay for extensive medical treatment, they’re job is to pay out as little as possible. And in even more unfortunate cases, the insurance company will deny compensation altogether.
Fortunately, that’s where Maison Law can help. Our firm stands up for the rights of injured pedestrians in Bakersfield, and we will take the necessary legal action to ensure you are fully compensated for the following damages:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Lost career growth such as raises and promotions
- Property damage
- Lost future earning capacity
- Pain and suffering
How to Know if You Have a Case After a Pedestrian Accident
Anyone in Bakersfield injured in a pedestrian accident will wonder if they have a case. If you suffered any type of injury due to another person’s careless or intentional actions, then you have a personal injury case. Here are some signs you have a strong personal injury case after a pedestrian accident:
- The defendant admitted fault. Admission is a powerful tool our firm uses to bolster the facts of your case. Through interrogatories and depositions, we form the right questions to get to the truth of the matter, especially if the defendant is at fault.
- The incident was caught on camera. Dash cams, traffic cams, and eyewitnesses may have caught your pedestrian accident. Undeniable evidence such as footage of the incident can make your request for fair compensation undeniable. Our firm will help you obtain the necessary evidence to strengthen your case and make your statements irrefutable.
- You’ve suffered severe injuries. Unfortunately, serious and verifiable injuries are a part of a strong personal injury case. If you do not have a record or evidence of serious injury, then you won’t have much ground to stand on when making a demand for compensation. Our firm will connect you with trusted doctors, surgeons, and orthopaedists to document the extent of your injuries.
- Defendant has a history of carelessness. If the driver that injured you in your pedestrian accident has a bad driving record, this can strengthen your case. It is not uncommon for defense attorneys or the insurance to attempt to place blame onto you for your injuries. But if the defendant has a history of poor driving, then it will be difficult to argue that you were at fault.
- You’ve taken the right steps. After a serious injury, it is expected to seek medical treatment and to continue treating your injury. A lapse in treatment may seem like you’re not that injured, or it has not seriously impacted your life. The attorneys at Maison Law will help you manage your treatment and make sure you are taking all the correct steps to reach a successful settlement.
Compensation Available For Pedestrian Accident Victims
The consequences for victims struck by a car, truck, or SUV are often severe. Treatment for injuries could extend into weeks and months and quickly hit the $100,000 dollar mark in hospital bills.
This is why it’s so important that victims fight to get everything they can from insurance companies.
An insurance company may pay you enough to cover a few nights in a hospital and then never contact you again.
This ends your legal right to seek compensation and yet your expenses for physical therapy and the possibility of future surgeries still lie ahead.
Your personal injury attorney can help you list every potential cost you’ve faced and will face in a claim for damages.
Your lawyer will likely demand compensation for hardships you may not have thought of. These are just some of the potential factors that can earn support:
- Medical Expenses: Any settlement offer should take into account current bills and the costs of any care expected in the future. Physical therapy and rehabilitation should all factor in.
- Permanent Disability or Disfigurement: Further compensation is available to victims who have their lives changed by a disability. Money for a lifetime of care and medical equipment should be part of any award. Compensation for career training can be included when victims can no longer perform their old jobs.
- Mental Anguish: Depression and anxiety issues are reported by many accident victims. They can lose their enjoyment of life due to a devastating injury. Money can be set aside to restore freedom to victims and help them restore their previous way of life. The costs of psychological counseling could be built into a settlement.
- Loss of Wages: The paychecks victims miss while having to be away from work should be reimbursed. Any future time away from work expected is also included.
- Medical Travel Costs: The expense of getting to doctor appointments, second-opinion specialists visits, and counselor appointments. Your care could require a trip out of state.
What is the Typical Settlement Amount for a Pedestrian Accident Injury in Bakersfield?
There is no average compensation for pedestrian accident injuries. The result of every personal injury lawsuit varies on a case-by-case basis, so it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:
- The severity and permanence of your injuries
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
- Loss of earnings
- Future and present medical treatments
It is proven that payouts for pedestrian accident injury victims tend to be higher for those represented by an experienced Personal Injury Lawyer than those who took legal action without representation.
Average Settlement for Pedestrian Accidents Based on Injury
The severity of your injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
Comparative Negligence in a Bakersfield Pedestrian Accident
In California, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
In most cases, drivers are the at-fault party in pedestrian accidents; however, there can be exceptions. Contrary to popular belief, pedestrians do not always have the right-of-way. Let’s say you’re in a hurry to get something to eat at Jerry’s in downtown Bakersfield. It’s on the other side of the street, so you attempt to run across the crosswalk when the crossing light is indicating you not to walk. You’re struck by a vehicle that was speeding. In this case, you can be assigned a percentage of the fault for crossing the street when you were not supposed to.
In this hypothetical scenario, you could be found by a jury to be at 40% fault for your injury. This would leave the driver with 60% of the fault for not being more aware of a person in the street and for driving the speed limit. So, if the final verdict rewards the injured pedestrian with $200,000, they will get $120,000 because their compensation will be reduced by the 40% they were found at fault.
Establishing Liability in a Pedestrian Accident
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For instance, if you’re crossing the street while looking down at your phone or doing something else besides watching the road, you can be found partially liable if you’re struck by a vehicle. Maybe you weren’t looking at your phone, but the driver says you were. What do you do?
For these reasons, it is important to have an experienced Pedestrian Accident Lawyer to help you navigate these legal complexities. In this case, the stronger the evidence, the stronger your claim will be. And a strong claim usually leads to a fair settlement. Strong evidence in a pedestrian accident claim includes:
- The police report, as well as any additional documentation related to the accident
- Photos and videos of the scene. This could include
- Eyewitness statements
- Dash cams
- Traffic cams
- Security cams
- Eyewitness testimony
- A medical report of your injuries from a doctor
- Income statements, which show your lost wages
- Related medical bills
Is Jaywalking Illegal in Bakersfield?
Jaywalking in the state of California is illegal. However, it is not a legally defined offense within the states or Bakersfield’s written statutes. But as of 2023, police are no longer permitted to stop pedestrians and issue citations for jaywalking unless the person jaywalking is creating a hazard, according to Pacific Coast Business Times. Jaywalking is mostly a common term used to describe ways pedestrians cross the street that may be against the law. Jaywalking is often considered:
- Crossing the street when there is no crosswalk
- Crossing the street outside of a crosswalk
- Crossing the street where there isn’t an intersection
- Ignoring traffic signs instructing pedestrians not to cross
- Ignoring street lights that say “Don’t Walk”
So, while jaywalking is not a legally defined term, it can be seen as a careless act that could potentially hurt your case if you’re involved in a pedestrian accident.
Do Pedestrians Have the Right-of-Way Outside of Crosswalks in Bakersfield?
Pedestrians’ right-of-way outside of crosswalks is covered by California Vehicle Code 21954. This statute says all pedestrians on roadways at any point other than within marked crosswalks or unmarked crosswalks must yield the right-of-way to all vehicles.
According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute further defines crosswalks as:
“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”
So, if a pedestrian is hit outside of a crosswalk, they can be partially at fault for their injuries, depending on the situation. However, in the state of California, even if you were at fault for your injuries, you are still entitled to compensation through Comparative Negligence.
Bakersfield Pedestrian Accident Dangers By the Tragic Numbers
People on foot can face hazardous conditions while out for a walk, or on their way to work or school.
They may face a rush of drivers who don’t pay attention to crosswalks each day at busy local intersections like Gosford Road and Ming Avenue.
People also become pedestrians when they park at a supermarket or along a busy street and exit their vehicles. These are all opportunities for a terrible accident and Bakersfield is seeing more and more incidents each year.
California’s Statewide Integrated Traffic Records System (SWITRS) reports that in 2023 there were 168 pedestrian accidents involving injuries in Bakersfield. Those collisions led to at least 21 deaths. In 2022 there were fewer accidents, but more had deadly outcomes. There were 135 serious accidents, but at least 37 fatalities were documented.
What’s more, according to one study, Bakersfield now ranks as one of the most hazardous places in America for people on foot. Smart Growth America’s 2021 “Deadly By Design” pedestrian research showed that when accounting for population, Bakersfield was the second most risky city for pedestrians.
Over a ten-year span from 2010-2019, Bakersfield recorded 260 pedestrian fatalities. By comparison, Fresno recorded 235 deaths over that time. The Stockton/Lodi area claimed 187 pedestrian lives. Both cities also made the study’s top 25 list.
Support for Families After a Fatal Pedestrian Tragedy
A family could learn that a loved one has been taken from them through the negligence of a careless driver. Close relatives could suddenly be responsible for the costs of medical care and ambulance transport accumulated before the victim passed away. They could also face the expense of a funeral and burial service.
Under such heartbreaking circumstances, an immediate family member can file a wrongful death claim. This civil lawsuit would request support from the at-fault driver’s car insurance coverage. This claim would help those left behind with all the financial obligations they now face.
The claim would also factor in the years ahead as a spouse, children and other family members must face a future without the guidance and financial support the deceased would have provided. An award can help protect the remaining family members from financial ruin in the years to come.
Frequently Asked Questions
Yes. In some cases, drivers are held responsible for accidents even if they strike a pedestrian who is illegally in the road. Motorists are legally required to show care to pedestrians and slow down no matter where they meet them.
If a hit-and-run suspect is never identified, victims can file a claim against their own car insurance. Support would come out of uninsured motorist coverage. If victims don’t have insurance, they might be covered on a family member’s policy.
Two years. Pedestrian accident victims have a two-year statute of limitations to file an injury claim. They should act quickly. A lawyer can use the head start to collect fresh evidence and to track down witnesses.
Contact a Pedestrian Accident Lawyer Serving Bakersfield
Bakersfield has a bad reputation for putting pedestrians in dangerous spots and leaving them vulnerable to frightening accidents. Not all accidents can be prevented, but victims and their families should never be left alone to suffer physically and financially over someone else’s mistake.
Contact an experienced Bakersfield Pedestrian Accident Attorney at Maison Law for a free case evaluation to find out everything insurance companies aren’t required to tell you. We work to protect pedestrians from careless drivers and the insurance companies that try to get their policyholders off the hook for their mistakes.
