Maison Law can help you through the claims process if you’ve been injured in an accident as a pedestrian in Salinas. Even though it’s not as populated as places like Los Angeles or Fresno, Salinas is still the most populated city in Monterey County. So just like other places, pedestrians face the same issues in terms of potential accidents. Our team can make sure you have the support you need to get through yours. Set up a free consultation today.
Does Getting a Lawyer Make Sense For Me?
Being hurt as a pedestrian is extremely demoralizing. Even a relatively small collision at a slow speed can leave you with serious injuries and other problems—some of which you might not even be aware of yet. So even though it’s not required, it’s easy to see why getting a lawyer makes sense if you’re in this situation. Our team will be there to help:
- Explain what your options actually are
- Gather the medical records and evidence needed to support your claim
- Handle the insurance company so you’re not stuck repeating yourself to adjusters
- Make the process easier on both you and your family while you focus on getting better
Every pedestrian accident has its own facts, even if many of them happen for the same basic reasons. But when you’re the one injured, it becomes very real and very personal.
Reasons Why Accidents Happen to Pedestrians in Salinas
It’s tempting to think that because they can happen so easily, a pedestrian accident is just bad luck. But they’re not isolated, and they happen for a lot of different reasons. Usually, they happen because of:
- Distracted driving
- Speeding
- Not stopping at a light or stop sign
- Failure to yield at crosswalks and intersections
- A lack of visibility or poor road design
The problem, of course, is that you’re the one that ends up taking the brunt of the damage when you’re on foot and somebody else is in a car. At that point, it’s less about why it happened and more about what actually happened. That means getting information is important.
Information That Can Help After a Pedestrian Accident
The real problem with pedestrian accidents here in Salinas is that you can’t account for what a driver does or doesn’t do. Yet when you’re going for a run through Oldtown Salinas, crossing a busy intersection downtown, heading to a store along South Main Street, or making your way through a parking lot near North Davis Road, you still expect drivers to slow down and be aware of you.
Unfortunately, when that doesn’t happen and there’s a collision, the focus shifts to getting information that can help you later. Before you do anything, though, you need to:
- Call 911 to report the accident and get ambulance and police to the scene for help.
Information is important, but not as important as your health and safety. You should never try to push through your injuries to get information, but if you can, focus on a few basics like:
- Pictures and videos of the accident scene, your injuries, and any damage
- Contact information for anyone who saw what happened
- Insurance and contact information for the driver involved—if they stick around
That’s about as much as you need to worry about at the scene anyway. Once the ambulance and police arrive, answer their questions and let them take care of your injuries. Then, in the coming days/weeks, other important information will start coming in:
- Your medical records
- Progress pictures of your injuries as they heal or worsen
- The police accident report
- Any video footage from nearby businesses, dashcams, or cell phones
- Torn clothing, broken glasses, or anything else that was damaged
- Records from any missed work or other expenses
- Notes about how difficult everyday movement has become
Even smaller details can end up carrying weight, especially when it comes time to answer the big question: who’s responsible for this?
How Legal Responsibility Works With a Pedestrian Accident
Just like other kinds of accidents, the main legal question is pretty simple: who’s responsible for my accident and paying for what I’ve lost? And legally speaking, it works the same way as any other accident. It’s about showing negligence, or that:
- Someone did something—or failed to do something—that caused the accident and your injuries.
With a lot of pedestrian accidents, this is going to fall on a driver that was negligent in some way. While that doesn’t change even if they flee the scene, negligence can extend to others that might be involved too, like:
- Another driver who caused the accident by driving carelessly or making a dangerous move
- A truck driver or trucking company that failed to follow safety rules or keep the truck in safe working condition
- A bicyclist or another pedestrian whose actions contributed to the accident
- A property owner who knew about a hazard and didn’t do anything about it
- A construction company that left a walkway dangerous or failed to warn people about the hazard
- A government agency that failed to fix a broken sidewalk, repair faulty pedestrian signals, or address an unsafe roadway
California also follows comparative negligence rules. That means even if someone argues that you were partly responsible for the accident, you may still be able to recover compensation. Your damages could be reduced based on your share of the fault, but being partially responsible doesn’t automatically prevent you from being able to file a claim.
Options for Filing a Claim After a Pedestrian Accident
After a pedestrian accident, most people know they need help—they just don’t know what that help is supposed to look like. You’ve got medical bills starting to come in, you may be missing work, and the insurance company is already asking questions before you’ve had much time to process what happened.
Those are all very real concerns, and that’s exactly what the claims process is there for. But to actually get the financial support that’s available to you, you need to either file:
- An insurance claim, which happens outside of court. This is usually a much faster process. The downside is that the insurance company controls nearly everything in the beginning. They decide how they want to investigate the accident, whether they accept liability, and how much they’re willing to offer in a settlement. And, not surprisingly, their goal is usually to pay as little as they can.
- A personal injury lawsuit takes longer and involves more steps, but it creates a more formal process for resolving things because it’s handled by the court. Evidence can be exchanged, witnesses can be questioned, and a judge oversees the proceedings if the two sides can’t reach a fair resolution on their own.
You get to decide how to proceed with the help of your lawyer, but one way or the other, the goal stays the same: recovering damages for what this accident has cost you. This includes things like:
- Current medical bills and future treatment needs
- Lost wages or reduced earning ability in the future
- Damaged personal property, like your glasses or phone
- Pain and suffering
- Emotional distress
- Changes to your daily quality of life
- Wrongful death-related losses if the accident was fatal
California generally gives you two years from the date of an injury to file most personal injury lawsuits, although exceptions can apply. Claims involving government entities can have much shorter deadlines, so it’s important to understand which rules apply to your situation. Starting sooner also usually means stronger evidence and fewer missing details later.
Frequently Asked Questions
What if the driver says the accident was my fault?
A lot of drivers will try to say that they didn’t see you or that you darted out in front of them after a pedestrian accident. That doesn’t make it true, but everybody’s negligence gets taken into account when the claims process starts.
How much is my pedestrian accident claim worth?
That depends on your injuries, medical expenses, lost wages, and how the accident affects your daily life. The evidence and who’s at fault also matter.
What if I wasn’t in a crosswalk when I was hit?
You still have options. No matter where you are or where they are, drivers must use reasonable care around pedestrians, even outside marked crosswalks.
Free Consultations for Salinas Pedestrian Accident Victims
When you’re a pedestrian in Salinas, you don’t have a lot of control over what drivers do. That can often lead to situations where you get injured in an accident—all because somebody else was careless. You shouldn’t have to carry all that by yourself.
Our Salinas pedestrian accident lawyers at Maison Law can help you understand your options, gather the right evidence, and deal with the insurance company so you’re not carrying every part of this alone. Set up a free consultation today.
