Pedestrians hurt by reckless drivers can seek help with their medical expenses and their lost income while they must miss work. Maison Law of McKinleyville fights on behalf of injured pedestrians to make sure they receive everything they need to heal and get back on their feet.
We offer a free, no-obligation consultation to all Humboldt County pedestrian accident victims. It’s a no-risk way for victims to determine the level of support they may need to recover and how to make sure a car insurer is held fully responsible.
Do I Need a Lawyer for my Pedestrian Accident Case?
An accident involving a vehicle and a defenseless pedestrian is rarely minor. If your accident left you with serious injuries, like a bone fracture or a head injury, you may need a lawyer’s protection. A McKinleyville Pedestrian Accident Lawyer helps you fight back if a car insurance company tries to blame you for an accident or tries to question how badly you are hurt.
Your Maison Law attorney fully investigates what happened and backs your claim with strong evidence. Your attorney files your claim for you and handles the frustrating negotiations with insurers, while you are allowed to focus on recovery. Maison Law can often get injured riders much more in compensation than they could by handling their cases themselves.
Who Is Responsible for a Pedestrian Accident?
Both drivers and pedestrians can be found at fault in collisions, and in California, they can share the blame and liability in some cases. It’s critical that pedestrians understand that they can get help with their recovery costs, even if they are found partly to blame for an accident.
California drivers generally bear more responsibility in pedestrian accidents due to the vulnerability of people who must pass in front of large, heavy vehicles. Drivers must yield the right-of-way at crosswalks without traffic lights, and they must yield at intersections with traffic lights when those on foot have a “walk” sign.
However, drivers must also take action to avoid a collision, no matter where the pedestrian is encountered. Even if the pedestrian is breaking the law. According to California Vehicle Codes, motorists must slow down upon spotting a pedestrian and be going slow enough to be able to avoid any chance of an impact. When drivers don’t show this care, they can be held liable or partially liable for the consequences of an accident.
Pedestrians also have a responsibility to follow traffic laws when crossing the street. They might be found partially responsible for a collision if they enter a crosswalk when the “Don’t Walk” sign is on. However, pedestrians generally aren’t cited for “jaywalking” anymore in California. Recently, jaywalking was decriminalized by the “Freedom to Walk Act.” It means that pedestrians can cross the street almost anywhere as long as it’s done safely. Police officers can’t stop them or write them a ticket unless they are in danger of immediately being hit.
How Do I Get Compensation for a Pedestrian Accident if I Am Partially to Blame?
The fault in a pedestrian accident might be divided under the legal concept of “comparative negligence.” It means that if both the driver and the person on foot were to blame for what happened. They are both assigned a percentage of blame.
But in California, as long as the pedestrian isn’t 100% at fault, victims can still win compensation for the part they weren’t to blame for. This might mean substantial support to help during a difficult time. Victims could receive a judgment in court, only it would be reduced by the percentage of fault the pedestrian was responsible for.
What Kinds of Things Factor into a Pedestrian Accident Settlement Check?
A big part of your settlement amount would be determined by how long your injury took to heal and how long you were out of work. These two factors would indicate how high your medical bills were and how much you lost in paychecks while you were down.
But you can be compensated for much more during your recovery. That includes other financial losses and the emotional trauma you are put through in a scary pedestrian collision and recovery.
Your lawyer seeks support for these factors and more:
- Past and future medical bills.
- Estimates on the lifelong physical and emotional costs of permanent disfigurement or disability.
- Support for the pain endured during recovery.
- Support for the emotional trauma lived through. The time you must be immobile, and while you can’t participate in your favorite activities.
- Past and future lost income while having to miss work hours.
- Wrongful death benefits. The support a family should receive after having a loved one taken in a Humboldt County pedestrian accident. This can include money for a funeral and to pay leftover medical bills. A wrongful death claim also asks for help replacing the income the deceased can no longer provide in the coming years.
Pedestrian Accident Dangers in McKinleyville
Pedestrians in McKinleyville depend on drivers to keep them safe. Unfortunately, motorists can be typing on a cellphone or recklessly speeding instead of watching the road ahead. It’s a problem in McKinleyville, Calville, Arcata, and across the county.
Pedestrians are in danger at busy intersections like the intersection of Pickett Road and Central Avenue. Children walking to school can be put at risk at Central Avenue and Railroad Drive.
The California Transportation Injury Mapping System (TIMS) recorded 39 pedestrian accidents involving injury and 4 tragic fatalities in 2024 in Humboldt County. The number of accidents leapt from the figures the year before. In 2023, Humboldt County documented 34 serious pedestrian accidents along with 8 tragic deaths.
Pedestrians, especially young victims, may need lengthy care, surgeries, and a lot of physical therapy to restore their function to what it once was. This costs money, and these bills shouldn’t be the worry of pedestrian victims or the parents of victims. Car insurance companies must be held accountable for damages, even when it’s clear they’d like to keep their profits.
Frequently Asked Questions
What type of documents will help me build a pedestrian accident injury claim?
Keep all medical invoices and receipts for all charges related to your accident. Save your pay stubs so you can show the wages you’ve lost while in recovery. You’ll also want to secure a law enforcement accident report (most likely from the CHP). If you turn your case over to Maison Law, your lawyer will help secure all of these documents.
How long do I have to file an injury claim after an accident?
The statute of limitations on a personal injury claim is two years. You should take action as soon as possible, though. Give your lawyer a chance to secure evidence before it disappears.
Can I get injury compensation if I’m struck by a hit-and-run driver who is never identified?
Yes, in many cases. If the pedestrian has car accident insurance or is covered by a family member’s policy, victims can file a claim with their own insurance provider. The claim would seek money from the victim’s uninsured motorist coverage. You could receive money to help pay all of your medical bills, even if a hit-and-run suspect is never found.
Support for McKinleyville and Humboldt County Pedestrian Accident Victims
If you or a loved one is seriously injured due to the carelessness of another driver, discuss your options with a real McKinleyville pedestrian accident lawyer. We want to help you demand what’s fair from insurers before they get away with sending you a “lowball” offer.
Contact Maison Law to schedule a free, no-obligation consultation. And if you require our help to demand full compensation, you don’t have to worry about how you’ll afford to pay a lawyer. We understand that finding that money at such a difficult time is impossible for most people. It’s why we work on a contingency basis. It means we don’t get paid unless we win your case for you. Then, our fee comes out of the settlement check that an insurance company must write for you.
