Maison Law can help you through the aftermath of an accident where you’re injured as a pedestrian in Livermore. Going for a run along East Avenue or walking around Downtown shouldn’t leave you in a situation where you’re injured. But it can easily happen when a driver isn’t paying attention or the city didn’t fix a crack in the sidewalk. No matter what the circumstances are, our team will be there to support you. Set up a free consultation today to talk over your options.
Does It Make Sense For Me to Talk to a Lawyer?
Being hurt as a pedestrian can turn your life upside down. Even a collision at a relatively low speed can leave you with serious injuries, and some problems may not show up until weeks or months later.
And in the meantime, you have to try to also deal with an insurance adjuster asking questions or seemingly trying to brush off what you’ve been through. If that’s what you’re facing or something you’re worried about, it makes sense to talk to our lawyers. When you do, we’ll help you by:
- Explaining your options and what the claims process looks like
- Gathering medical records and other evidence to support your claim
- Handling the insurance company so you’re not left dealing with every question and request yourself
- Taking some of the pressure off you and your family while you focus on recovery
Every pedestrian accident is different, even when the same kinds of mistakes are involved. That doesn’t excuse it, or make it any easier when you’re the one who gets hurt. But we can at least make the process a little easier. And it usually starts with looking at what caused it in the first place.
Looking at Common Causes of Pedestrian Accidents in Livermore
It’s easy to think a pedestrian accident is just bad luck. But when you really look at them, you start to see the same patterns over and over again. And most of the time, it’s because drivers weren’t being careful. That usually looks like:
- Distracted driving
- Speeding or driving too fast for conditions
- Running a red light or stop sign
- Failing to yield at a crosswalk or intersection
- Poor visibility or unsafe road design
The problem with these kinds of accidents are pretty simple to understand. When a car hits someone on foot, it’s you, the pedestrian, that takes the brunt of the impact. That makes injuries more serious and everything else harder. But a way to cut through that is by getting good information.
Information That Can Help After a Pedestrian Accident
The big issue as a pedestrian is also pretty simple to figure out: you can’t control what a driver does—or doesn’t do. That’s what leads to accidents, but your injuries and other losses aren’t going to just speak for themselves. It’s going to take certain pieces of information to really show what happened.
First, though, call 911 so the police and an ambulance can come to the scene. Your health comes before gathering evidence, and you shouldn’t push through an injury just to collect information. If you are able to, though, just focus on the basics there at the scene:
- Pictures/videos of the surrounding area, your injuries, the vehicle, and any relevant crosswalks, signs, or traffic lights.
- Contact information from anyone who saw what happened
- The driver’s contact and insurance information, along with their license plate and vehicle details (if they stay at the scene)
You don’t need to handle everything at the scene. Once you’re getting medical care and the immediate situation has settled, other records can help fill in the picture, including:
- Medical records and photos showing how your injuries change over time
- The police accident report
- Video footage from nearby businesses, dashcams, or cell phones, if available
- Damaged clothing, glasses, or other personal belongings
- Records of missed work and accident-related expenses
- Notes about how your injuries affect everyday activities
These details may seem small at first, but they can help show what happened, how badly you were hurt, and point you in the direction of who might be responsible.
Who Might Be Responsible For My Injuries in a Pedestrian Accident?
No matter what an insurance company tries to argue, a pedestrian accident isn’t just bad luck or something their driver couldn’t avoid. At the same time, though, it’s also not as straightforward as you might think.
Legally speaking, responsibility for your injuries is going to fall on whoever was negligent and caused the accident in the first place. A lot of the time, this will be the driver that hit you. But it ultimately comes down to the specifics. That could bring others in, such as:
- A business or property owner, if an unsafe parking lot, walkway, or other condition contributed to your injuries.
- A construction company, if its work blocked a pedestrian route or created a hazard without proper warnings.
- A city or government agency, if a broken sidewalk, faulty pedestrian signal, or dangerous crossing played a role in the accident.
California also follows comparative negligence rules. That means if you weren’t paying attention to where you were going or had to dart out in front of the driver for some reason, that can be factored into how your claim plays out. And while that can impact how much you can get in financial support, it doesn’t change your options.
What Financial Support Can I Get If I File a Pedestrian Accident Claim?
If you’re like most pedestrians that are injured in an accident here in Livermore, you already know what you’re up against. Medical bills, missed work, and questions from the insurance company. It can be a lot to manage when you’re still trying to just get back on your feet.
That’s what the claims process is there for. It gives you the opportunity to file an injury claim and get financial support. But in actuality, that’s done through:
- Filing an insurance claim. This usually happens outside of court and is often the first step. The insurance company investigates the accident, decides whether to accept responsibility, and determines what it’s willing to offer. The problem is that its idea of a fair settlement may not account for everything you’ve lost.
- Filing a personal injury lawsuit. If the insurance company won’t agree to a fair resolution, a lawsuit gives you a stronger way of getting financial support. The tradeoff is it involves more steps, including exchanging evidence and potentially questioning witnesses. If the case doesn’t settle, it may go to trial.
But the real question is what financial support is available. That depends on the specifics of your particular accident, but generally, it’s made up of things like:
- Current and future medical expenses
- Lost wages and reduced future earning ability
- Damaged personal property, such as clothing or your phone
- Pain and suffering
- Emotional distress
- Changes to your everyday life and activities
- Wrongful death damages if the accident is fatal
California generally gives you two years from the date of an injury to file most personal injury lawsuits, but there are certain exceptions that can change that timeline. That’s why, generally speaking, it’s better to make a decision about going forward sooner than later. The good news is that you don’t have to come to that decision alone. We’ll be with you from the start with guidance and support.
Frequently Asked Questions
What if I wasn’t in a crosswalk when I was hit?
You may still have a claim. Drivers must use reasonable care around pedestrians, even outside marked crosswalks. What matters is where you were walking and how the accident happened.
How much is my pedestrian accident claim worth?
That depends on your injuries, medical bills, lost wages, and how the accident has affected your everyday life. There’s no set amount; your claim should reflect what you’ve actually been through.
What if the driver says the accident was my fault?
That doesn’t make it true. The evidence matters, and even if you were partly responsible, California law may still allow you to recover compensation. Your share of the fault can reduce what you receive, but it doesn’t automatically rule out a claim.
Get Help From Maison Law After a Pedestrian Accident in Livermore
Getting hurt while walking around Livermore can leave you dealing with medical bills, missed work, and plenty of questions. You don’t have to sort through all of that on your own.
Our Livermore pedestrian accident lawyers at Maison Law can help you understand your options, gather evidence, and deal with the insurance company while you focus on recovery. Set up a free consultation today.
