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.
How Maison Law Helps Madera Pedestrian Accident Victims
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:
- 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
What to Do If You’ve Been Injured in a Madera 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.
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:
- The name and contact information of the driver, as well as any other people involved
- The driver’s license plate number, insurance information, and the driver’s license number
- Witness information
- Police report – you can file a police report in Madera here.
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.
How to Know if You Have a Pedestrian Accident Case
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 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.
Pedestrian Right-of-Way Law at a Madera Crosswalk
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:
- 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.
Laws to Keep Pedestrians Safe
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:
- 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: mentions when pedestrians can cross the street using indicators on a crossing light.
- 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 Madera?
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.”
Dangers of Unmarked Crosswalks in Madera
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.
Legal Standing for Madera Pedestrian Accidents in Unmarked Crosswalks
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.
What is Considered Jaywalking in Madera?
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:
- 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”
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.
When are Police Officers Allowed to Stop Pedestrians in Madera?
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.
Am I Legally Required to Report a Pedestrian Accident to the Police?
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:
- Anyone is injured, even minor scrapes and bruises count.
- Anyone is killed in the accident.
- Property damage reaches or exceeds $1,000, this includes damage to personal property as well, not just the vehicle.
- Any drivers involved were operating a motor vehicle without a license.
- Any drivers involved were intoxicated at the time of the accident.
By law, a citizen of California has 10 days to report their accident to the police, starting from the day the accident occurred.
Step-by-Step: Police Report Retrieval after a Pedestrian Accident with a Vehicle in Madera
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:
- Identify the Reporting Agency: determine whether the accident was reported to the local police or the California Highway Patrol (CHP). This is usually dependent on where the accident took place.
- Gather Information: the more information you have, the easier it will be to retrieve your report. The information needed includes: date, time, location, name of drivers, and your contact information.
- Request the Report: you can visit the Madera Police Department in person to request a report, submit a request online, or you can submit a request via mail if online requests are unavailable.
- Allow Time for Processing: it can take several business days or weeks for the report to be processed and available.
- Identify the Reporting Agency: determine whether the accident was reported to the local police or the California Highway Patrol (CHP). This is usually dependent on where the accident took place.
Average Settlement for a Madera Pedestrian Accident
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:
- Hospital bills
- Current and future medical treatment
- Lost income
- Future lost earnings
- Physical therapy
- Surgery (if necessary)
- Pain and suffering
- Loss of enjoyment of life
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.
What Factors Could Decrease My Pedestrian Accident Settlement?
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:
- Comparative negligence: as discussed in the article above, if you are found partially at fault, your settlement can be reduced by your percentage of liability.
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you, as it implies your injuries were not that severe.
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects
Contact a Madera Pedestrian Accident Lawyer
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.
