Maison Law represents victims of pedestrian accidents in Lancaster. You may be entitled to compensation if you or a loved one has been injured in a pedestrian accident, Maison Law can help you get your life back. Contact us today for a free consultation and case evaluation.
How to Bring a Lawsuit When Hit by a Car
No one ever wants to be involved in a pedestrian accident, but it is important to know what to do if you ever find yourself in one. Pedestrians hit by a car in California reserve the right to sue the driver for their medical bills, lost wages, and pain and suffering. In the worst cases, such as loss of life, a wrongful death claim will also need to be filed.
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. For example, let’s say you’re jaywalking across “The Blvd” in downtown Lancaster one evening to get something to eat and you’re struck by a vehicle. In this case, you can be assigned a percentage of the fault for jaywalking, even if the driver failed to swerve out of the way in time.
In addition to pedestrians crossing the street, other victims of pedestrian accidents include:
- Walker
- Runners, joggers
- Stationary bystanders
- Bikers
- Skateboarders
If you find yourself in a pedestrian accident outside of a crosswalk, your lawyer will help you identify every party that should be supporting you and file strong claims against every insurance company involved. Contact Maison Law for a free consultation and to see what options are available to you.
When Do Pedestrians Have the Right of Way?
Pedestrians do not always have the right of way. California Vehicle Code 29150 states that vehicles must yield to the right-of-way pedestrians in a marked crosswalk or an unmarked crosswalk at an intersection, however, pedestrians are prohibited from:
- Suddenly leaving the curb and entering into traffic
- Walking or running into the path of an oncoming vehicle
- Unnecessarily stopping in a marked or unmarked crosswalk, or impeding traffic
- Walking in a bike lane when there is a sidewalk or path available
- Going outside of the crosswalk at an intersection
- Ignoring the don’t walk sign or traffic signal
If you find yourself in a pedestrian accident after doing any of these things, you will most likely still be able to file a claim, but the court will reduce your monetary damages.
What Compensation Can You Expect if You’re a Pedestrian Hit by a Car?
If you’re the victim of a pedestrian accident, you can sue for compensatory damages, which include:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Property damage
- Lost earning capacity
- Pain and suffering
In pedestrian accident cases an at-fault driver’s intention could be found to be intentional, in which case, you would be able to sue for punitive damages. Punitive damages cover accidents that were caused due to ill will or malice. They can result in significant compensation for the victim as the courts would like to deter anyone from committing intentional acts of harm against another.
With all these factors, it can be difficult to put a specific amount on each case. But if you speak to one of our experienced pedestrian accident attorneys, they can give you an idea of the compensation you’re owed based on your situation. Contact us today for a 100% free consultation and case evaluation.
Common Injuries in a Pedestrian Accident
In 2022, over 1,000 citizens were killed in traffic accidents in California. Approximately 45% of pedestrian accidents end in death. The Pedestrians who do not lose their lives in traffic accidents tend to sustain the following injuries:
- Fractures
- Cuts and contusions
- Organ damage
- Concussions
- Amputations
- Brain injuries
- Spinal cord injuries
Frequently Asked Questions
Q: Do pedestrians have the right-of-way in California?
A: No. Outside of marked and unmarked crosswalks, pedestrians DO NOT have the right of way. However, drivers can still be found liable for an accident, even if they strike a pedestrian who is crossing the street in a prohibited spot.
Q: Who is considered a pedestrian?
A: A pedestrian is anyone on foot, riding a mobility device because they cannot walk, or riding a vehicle propelled by their own efforts, not including bicycles.
Q: What devices are not considered pedestrians?
A: Motorbikes, bicycles, electric scooters, and hoverboards
Contact a Lancaster Pedestrian Accident Lawyer
If you or a loved one has been hurt in a pedestrian accident, our experienced team of accident attorneys is here to help you get compensated for your damages. At Maison Law, we use the judicial system to protect the victims of pedestrian accidents in Lancaster from dishonest insurance companies who will try to give you the lowest settlement possible. Contact us today for a free consultation and case evaluation.
