Fremont CA Pedestrian Accident Lawyer

If you’ve been involved in a pedestrian accident in Fremont, then you’ve come to the right place. Welcome to Maison Law. We make it easy for pedestrian accident victims to get a lawyer, get paid, and get their lives back on track.

If you’re facing disability, emotional distress, or ongoing pain after a pedestrian accident injury, Maison Law is here to get your case resolved quickly and easily. Detail your pedestrian accident today by filling out a no-cost, no-obligation case review.

How Maison Law Can Help

No one ever wants to be involved in a pedestrian accident, but it is important to know your rights if you ever find yourself in one. Pedestrians hit by a car in Fremont reserve the right to sue the responsible party for the following damages:

• Medical and hospital bills
• Property damages
• Occupational and physical therapy
• Lost earnings and wages
• Property damage
• Lost earning capacity
• Pain and suffering

Suing someone for damages after a pedestrian accident can seem like you’re personally attacking them, but that couldn’t be further from the truth. At Maison Law, we never sue individual people, only their insurance company. We manage insurance claims quickly and efficiently by:

• Investigating the circumstances of the accident
• Assessing your damages
• Calculating the value of your case
• Retaining experts who can resolve complex issues in your case
• Defending you against allegations that you were partly responsible for the accident
• Representing you through all negotiations with the insurance company

What to Do If You’ve Been Injured in a Fremont Pedestrian Accident

Your first step after a pedestrian accident should be to seek medical care. If you’re too injured to move on your own, call 911. Even if you think you’re going to be okay, it is recommended to be seen by a doctor to make sure you’re okay. Muscle, ligament, and brain injuries can take time to get worse, so you should be evaluated by a medical professional after any type of significant accident. If you’re able to remain at the scene of the accident, you should collect the following information:

• The name and contact information of the driver, as well as any other people involved
• The driver’s license plate number, insurance information, and driver’s license number
• Witness information
• Police report

It may seem like a lot to document after an accident, but don’t be afraid to use your phone to take photos of everything. If you are unable to collect any evidence yourself, or you just don’t remember all the details, don’t worry. We have expert investigators who can recreate the incident and testify on your behalf if necessary.

Pedestrian Right-of-Way Law

The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Intersections containing crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:

• All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
• A driver must stop before the line, not in the middle of the crosswalk.
• A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
• Drivers are not permitted to pass stopped vehicles while pedestrians are allowed to cross at a crosswalk.

However, a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.

Laws to Keep Pedestrians Safe

Downtown Fremont is a community on the rise. The 110-acre area is a central gathering place for the people of Fremont to live, work, and play. Unfortunately, as communities like Fremont grow in number, so does the risk of pedestrian accidents.

According to the National Highway Traffic Safety Administration, 1,158 pedestrians were fatally injured in a vehicle accident on California roads in 2022 alone. This staggeringly high number accounted for 26 percent of all traffic-related fatalities in the state. This unfortunate statistic will hopefully serve as a reminder to drivers and pedestrians alike to remain safe and aware on the street. To regulate pedestrian safety, the State of California has instituted the following pedestrian laws:

• CVC 21966: pedestrians should not walk along a bike path or lane if sidewalks or other designated pedestrian paths are available.
• CVC 21955: pedestrians are required to use designated crosswalks.
• CVC 21970: prohibits drivers from blocking marked or unmarked crosswalks or sidewalks.
• CVC 21456: pedestrians can cross the street using indicators on a crossing light signal a pedestrian may proceed across the roadway, or lawfully yield the right-of-way to vehicles.
• CVC 21952: requires drivers to yield to the right-of-way to pedestrians who are on the sidewalk before they drive over or onto it.

Do Pedestrians Have the Right-of-Way Outside of Crosswalks in Fremont?

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.”

Who is Considered a Pedestrian in Fremont?

Right-of-way laws in combination with common courtesy, are used to help promote traffic safety in Fremont. Unfortunately, drivers can and will make careless decisions on the road, often resulting in an accident with other people walking, biking, or driving. Many times, these preventable collisions are due to drivers ignoring signs, signals, or markings where pedestrians may be crossing.

In Fremont, 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

To increase pedestrian safety, California recently passed Assembly Bill 413, also known as the Intersection Daylighting Law. The new statute went into effect January 2024 and prohibits parking within 20 feet of the approach of any marked or unmarked crosswalk, even if there are no signs or curb markings. Drivers in Fremont should also be aware that citations for AB 413 went into effect on January 1st, 2025. So, it is recommended to leave at least 20 feet between your car and a marked/unmarked crosswalk to avoid a costly fine.

Is Jaywalking Illegal in Fremont?

Jaywalking in California is illegal. However, it is not a legally defined offense within California’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.

Comparative Negligence in a Fremont 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 and their insurance will likely offer a settlement to end the matter. However, there can be exceptions. Contrary to popular belief, pedestrians do not always have the right-of-way. For example, in 2024, according to KRON4 News, a pedestrian was struck crossing Mission Boulevard around 5 AM. The police report noted the pedestrian was not utilizing the lit-up crosswalk in order to safely step out onto the road.

In a court room, that police report can make a strong case on behalf of the driver. The report points out that the pedestrian was being careless and contributed to their injuries. Even if that is the case, a jury may find the pedestrian 80% at fault for the accident, while leaving the driver with 20% of the blame. So, if the jury awards the pedestrian $500k, then they will only receive $100k as their reward was reduced by 80%.

What is the Typical Settlement Amount for a Pedestrian Accident Injury in California?

The result of every personal injury lawsuit varies on a case-to-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 injuries tend to be higher for those represented by an experienced Personal Injury Lawyer than those who took legal action without representation. At Maison Law, we provide a personal touch by focusing on all the details of your case. If your pedestrian accident injury has changed your life in any way, we want to hear about it.

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. Big firms often overlook costs associated with severe injuries that come with pedestrian accidents. That’s why it’s important to choose the right law firm to ensure you receive fair compensation for everything you’ve been through.

At Maison Law, we establish communication with all your medical providers to calculate the medical attention you’ll need now and for the rest of your life. While there are other determining factors, the following pedestrian accident 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.

Contact a Fremont Pedestrian Accident Lawyer

Accidents happen every day in Fremont, but at Maison Law, we understand that injured victims only have one chance at securing financial relief after a serious accident. Medical treatment, lost wages, limited career options, and emotional trauma are things no pedestrian in Fremont should have to endure due to a careless driver. That’s why we focus on getting your case resolved and getting you paid as quickly as possible.

Some lawyers get paid by the hour at their firms, which is why they’ll drag things out at the expense of your time and well-being. That is an outdated practice and, honestly, harmful to personal injury victims. At Maison Law, we operate on a contingency basis, meaning we don’t receive a dime until your case is won. If you need access to healthcare after an injury, or have questions about your situation, our door is always open. Fill out a complimentary case review today to get connected to an attorney.