Maison Law represents injured pedestrians in Madera.
Maison Law represents injured pedestrians in Madera. A pedestrian accident can alter a person’s life in a matter of seconds by causing them to suffer severe disability, extensive medical treatment, and insurmountable financial loss. For that reason, it’s important to know your rights and the laws designed to protect you after getting hit.
At Maison Law, we utilize every avenue of the legal system to ensure injured pedestrians receive the compensation they need after an accident. Don’t wait until it’s too late to take legal action after a Madera pedestrian accident. Protect your right to compensation and contact Maison Law today for a no-cost, no-obligation consultation.
Madera is known for having several dangerous intersections that present a risk to pedestrians. Highway 41, near Avenue 12, is considered dangerous due to the number of distracted driving, DUI, and speeding accidents. When a pedestrian is injured, or unfortunately, fatally injured, crossing any intersection in Madera, the devastation ripples throughout the community. That’s because at some point in our lives, we’re all pedestrians, and tragedy can strike at any moment when a driver is careless.
After an accident, injured pedestrians can attempt to recover fair compensation directly from the insurance company, but unfortunately, fair compensation is not what insurance companies provide. They minimize your damages, pay you as little as possible, and will let your claim drag on for months or even years.
That’s where Maison Law can help. Our firm stands up for the rights of injured pedestrians in Madera. Injuring pedestrians is already an inexcusable action, but denying them compensation is reprehensible, which is why we fight for pedestrians’ right to be fully compensated for the following damages:
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.
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. Following medical treatment, you should get the following information:
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. Some victims may think they don’t have time to write everything down, but your smartphone can take photos of important documents, as well as capture video of the incident. If you need assistance or more information, please do not hesitate to contact a Pedestrian Accident Attorney at Maison Law for a free case review.
It is common for anyone in Madera 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. Knowing you have a personal injury case is one thing, but ensuring you have a strong personal injury case is where Maison Law can help.
Our firm will identify ways to strengthen your case and ensure you receive a desirable outcome. Based on our years of handling pedestrian accident cases in Madera, here are some signs you have a strong case:
The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. In Madera, crosswalks are typically found on streets with elementary schools, such as Ellis Street, Lake Street, South Street, Roosevelt Avenue, Stadium Road, and Tozer Street.
At these crosswalks, pedestrians generally have the right-of-way. They are typically marked with white lines and reflectors, while others may require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching any crosswalk in Madera:
Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations. Other laws designed to keep pedestrians safe include:
Yes, pedestrians do have the right of way outside of crosswalks in Madera. Pedestrians’ rights outside of crosswalks are protected 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.”
Despite serving as critical points for crossing streets in Madera, unmarked crosswalks can be confusing to pedestrians and motorists. Unmarked crosswalks typically lack visual markings, reflectors, or walking signs. California law does grant pedestrians the right-of-way at marked and unmarked crosswalks, however, safety is far less guaranteed at unmarked crosswalks. Drivers are often unaware of their responsibility to yield to a pedestrian crossing at an unmarked crosswalk, resulting in extremely hazardous scenarios.
As stated in California Vehicle Code 21950, unmarked crosswalks are legally protected zones where pedestrians maintain the right of way, and vehicles are required to yield. However, unmarked crosswalks can fall into a grey area, causing both the driver and the pedestrian to misinterpret their rights.
Pedestrians cannot recklessly step into traffic, which would create a dangerous situation for drivers on the road. Consequently, drivers are legally obligated to drive in a safe manner that would allow them to avoid certain hazards. So, a “duty of care” must be taken by both pedestrians and drivers to maintain safety at unmarked crosswalks. Any careless actions at an unmarked crosswalk will most likely be the reason someone can be held liable in a civil lawsuit if someone is injured as a result.
In Madera, jaywalking is not a legally defined offense within California’s written statutes. It is mostly a common term used to describe ways pedestrians cross the street that may be against the law. Jaywalking is often considered:
Jaywalking in California, however, is still illegal. 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.
California Law gives police officers the right to temporarily detain you if they have reasonable suspicion to believe you’ve done something wrong. Reasonable suspicion is based on directly observable evidence that shows you may be involved in misdemeanor or felony criminal activity. Even if the officer does not have an arrest warrant, they can stop based on reasonable suspicion alone.
Even though police officers can stop you, they are NOT allowed to restrain or cuff you. They can, however, block your path and instruct you to remain where you are. They are even allowed to “stop and frisk” you. This type of procedure is known as the “Terry stop,” named for the 1968 Supreme Court case Terry v. Ohio. The Supreme Court ruled that a temporary detention based on reasonable suspicion is constitutional under the Fourth Amendment.
Pedestrians are not typically the ones who would call the police after an accident with a vehicle. This task is usually left to the driver involved in the accident. But if the police are not called to the scene, it is highly recommended to make sure they are called and file an accident report. We will cover reasons why a police report is essential to your personal injury claim later in the article.
When it comes to reporting an accident to the Madera Police, several regulations govern when a driver must report an accident. They can get confusing if you read them from start to finish, so here is a brief summary for your convenience. Drivers must report an accident in Madera if:
By law, a citizen of California has 10 days to report their accident to the police, starting from the day the accident occurred.
Obtaining a copy of the traffic collision report is essential for an insurance claim and any potential legal action you may take. Here are the necessary steps to retrieving your police report:
If you’ve been hit by a careless driver in Madera, it’s normal to wonder about potential settlement amounts. While every case is unique, the amount of your pedestrian accident settlement is dependent on your economic and non-economic damages. These damages combined include:
The value of each of these damages will be dependent on their severity.
The more severe your damages, the greater your compensation will be.
For example, a broken bone requiring surgery could range anywhere from $100,000 to $250,000, depending on the cost of medical treatment.
So, it would not be out of the realm of possibility to request a settlement higher than the cost of medical care to make up for lost wages, as well as pain and suffering.
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced Pedestrian Accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:
If you or a loved one has been involved in a pedestrian accident in Madera, Maison Law can help you get the compensation you need.
We understand the enormous medical costs associated with pedestrian accidents. That’s why our firm aggressively pursues a fair settlement to match the full extent of your damages.
Contact Maison Law today for a free consultation and case evaluation. There is no charge for our services, as we operate on a contingency basis, and you will not pay a cent until we’ve won your case.
