Have you been involved in a pedestrian accident in Modesto and need immediate compensation? Then you’ve come to the right place – welcome to Maison Law. We provide instant medical treatment, legal representation, and financial security to get you and your family’s life back to normal after an unfortunate accident.

How Maison Law Helps Modesto Pedestrian Accident Victims

Many injured pedestrians will 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.

With Maison Law, we’ll connect you with our medical experts, put a lawyer on your case, and get you paid for the following damages:

Present and future medical expenses
Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your injuries
Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
Damage done to your property during the accident
Pain and suffering caused by your injuries
Stress and anxiety due to the nature of your accident
Your mental state after a life-changing accident

Pedestrian Safety in Modesto

Every year, too many pedestrians in Modesto are involved in crashes. Walking paths and school zones should be considered safe, not hazardous areas where the risk of pedestrian accidents is high. Unfortunately, in Modesto, there are many roads with speed limits above 40 MPH. According to the Federal Highway Administration, studies have shown that the risk of pedestrian accidents increases by 85% when vehicles are traveling at speeds greater than 40 MPH.

It is this statistic that has caused the City of Modesto to take action in school zones. One of the main streets where safer intersections and school zones are needed is Chicago and Washington Avenue. A collective effort known as the “Paradise Road Project” provided these streets with city-funded traffic circles, a road diet, and new fencing along the median to aid in slowing traffic and increasing visibility for pedestrians. The city continues to urge drivers in Modesto to slow down, pay attention to speed limits, and stop at crosswalks, whether painted or not.

How to Know if You Have a Pedestrian Accident Case?

According to the California Office of Traffic Safety, pedestrian accidents are happening far too frequently in California, resulting in 893 fatalities in 2018 and over 14,000 serious injuries. But what these statistics don’t reveal is an even more problematic issue. Insurance companies usually fail to let injured pedestrians know their legal right to pursue fair compensation for the damage done to their life.

Fortunately, Maison Law can help you understand your rights and recover the full costs of everything you’ve lost due to your accident. If you suffered any type of injury due to another person’s careless or intentional actions, then you have a legitimate personal injury case. Here are some signs you have a strong personal injury case after a pedestrian accident:

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 orthopedists to document the extent of your injuries.
Defendant has a history of carelessness. If the driver who 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 company 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 continue treating your injury. An insurance company may see a lapse in treatment as a way of reducing your compensation, stating that the injury has not seriously impacted your life due to the lack of medical care. 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.

California Vehicle Code § 21950. CVC Pedestrian Rights and Duties

According to California Vehicle Code 21950, all drivers in California are required to yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. With the number of major cities across California, busy intersections are an especially dangerous place for pedestrians. Specific sections of the California Vehicle Code cover pedestrians’ rights on the road, as well as their duty to the traffic around them.

What are the Right-of-Way Rules for a Crosswalk in California

The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:

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 they’re allowing pedestrians to cross at a crosswalk.

However, a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.

Legal Duty of Pedestrians at a Crosswalk in California

According to California Vehicle Code 21950 (b), pedestrians owe a legal duty to motorists to exercise due care for themselves and other pedestrians around them. CVC 21950 (b) states:

“This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”

So, while there are laws to protect pedestrians in crosswalks, pedestrians must exercise caution and avoid stepping out into a crosswalk when it is unsafe. Being aware of traffic also includes traffic control devices. Pedestrians must yield to motorists who have a green light. They must also not step into a crosswalk when the “Don’t Walk” signal is displayed. Not only is it against the law for a pedestrian to cross an intersection with a “Don’t Walk” signal, but this action can also make them liable for any collisions that may occur as a direct result.

Can a Pedestrian Cross the Street Outside a Crosswalk in Modesto?

If you attempt to cross the street without a crosswalk, or outside of an intersection, you can still cross the street according to California Vehicle Code 21954 (a). This statute states:

“Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”

Other notable pedestrian laws include:

Pedestrians lose right-of-way at crosswalks whenever traffic lights or law enforcement officers indicate for them to remain on the curb.
Pedestrians are not permitted in bike lanes when a walking path is available.
Jaywalking is not illegal in California if it is done safely and with no oncoming traffic.
Pedestrians with impaired vision that require a can or a guide dog have the right-of-way at all intersections

How Does CVC 21950 Impact a Personal Injury Lawsuit?

If a driver violates California Vehicle Code 21950, thus causing an accident or pedestrian injuries, they may be found careless or negligent in a personal injury lawsuit. California law defines negligence as the failure to exercise reasonable care to prevent harm to oneself or others. So, in the context of a driver injuring a pedestrian, the careless driver would be found at fault and may have to pay for all damages done to the pedestrian.

Proving a driver was careless can be difficult. However, in California, a driver is considered careless if they violate a statute, according to “Negligent Per Se.”

Negligent Per Se is when negligence is presumed based upon a person’s violation of a statute or ordinance. For example, if a driver failed to yield to a pedestrian at a crosswalk and hit the pedestrian. They would be considered negligent because they violated California Vehicle code 21950.

Am I Legally Required to Report a Pedestrian Accident to the Modesto 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 Modesto 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 Modesto 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.

The Importance of Getting an Accident Report

If you’re injured in a pedestrian accident, it is normal to be too overwhelmed with medical appointments, managing insurance companies, and keeping up with daily life while you’re recovering. However, having an accident report is crucial information necessary to recover compensation from your vehicle accident claim. Accident reports detail how the collision occurred and should include:

Names and contact information of the involved drivers
Parties of interest, such as passengers, property owners, vehicle owners, drivers, witnesses, and anyone else involved
Date, time, and location of the accident
Citations for any type of driving behavior, including whether a driver was intoxicated, speeding, or otherwise violating traffic laws
Police officer’s opinion as to who or what caused the accident

Step-by-Step: Police Report Retrieval after a Pedestrian Accident with a Vehicle in Modesto

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. According to the Transportation Injury Mapping System, Modesto averages around 3,000 car accidents per year, so there will most likely be a lot of accidents to sort through. The information needed includes date, time, location, name of drivers, and your contact information.
Request the Report: You can visit the Modesto Police Station 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.

Common Injuries in California Pedestrian Accidents

Unfortunately, pedestrian accidents resulting in serious injury or death on roadways in California are getting worse. There are more people out walking, getting to work, jogging, or shopping along the streets than ever before. In 2018, nearly 1,000 citizens were killed in traffic accidents in California and 14,000 people suffered serious injuries, according to the California Office of Traffic Safety. The serious injuries sustained by pedestrians who do not lose their lives in traffic accidents tend to suffer the following injuries:

Fractures
Cuts and contusions
Organ damage
Concussions
Amputations
Brain injuries
Spinal cord injuries

Settlement Guide for Pedestrian Accidents in Modesto

Pedestrian accident injuries can range anywhere from bruises and broken bones to more severe injuries such as spinal and head injuries. And just as there are many different types of ways a person can get injured in a parking lot, there many types of settlement amounts they can claim. These settlement amounts are based on the severity of the injury suffered in a pedestrian accident in Modesto:

Low settlements: Low settlements usually consist of minor accidents with little to no injuries. These could include back sprains, bruising, or ligament strains. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages. These tend to fall around $5,000 to $10,000.
Moderate settlements: Moderate settlements apply to accidents with moderate injuries, such as broken bones or soft tissue damage. These injuries will require some medical treatment as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery. These tend to fall anywhere from $10,000 to $100,000.
High settlements: High settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence that caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.

How Much Compensation Should I Ask for in a Pedestrian Accident Settlement?

You should always ask for more in a pedestrian accident settlement. Here’s why. Making a settlement demand with the insurance company is a negotiation process, and you should ask for 2 to 3 times more than you think your case is worth. This may seem high, but the insurance company will be making an initial settlement offer that is extremely low. So, it is wise to ask for an amount in a demand letter that is well above what you think you deserve.

A demand letter should be a descriptive, factual, and truthful account of the event. A well-written demand letter can go a long way toward getting the compensation you want, which is why it is recommended to have a skilled Pedestrian Accident Lawyer assist you with writing it. The details of the demand letter should contain:

The time, date, and location of the accident
The name of the person/company/government entity at fault, along with their contact information (if applicable)
Details of the injuries you’ve sustained directly from the accident
Summary of damages incurred, which include medical bills, lost wages, and non-economic damages
Supporting documents, which may include X-rays, MRIs, and other photos or videos of the accident if you have them

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 Maison Law | Modesto Pedestrian Accident Lawyers

If you’re looking for a law firm to get your case case settled quickly and efficiently, Maison Law can help. Our firm understands the enormous medical costs associated with pedestrian accidents and will aggressively pursue a settlement to match the full extent of your damages to ensure you are made whole.

Even a minor accident can have a major impact on your health and finances over time, so don’t hesitate to get the legal representation you need to get your life back on track. Contact Maison Law today for a free consultation and case evaluation.

Modesto Pedestrian Accident Lawyer