Visalia Pedestrian Accident Lawyer

California Comparative Negligence

The fact that pedestrians generally have the right-of-way doesn’t mean that they can step out in front of an oncoming car, especially when they see that car ahead of time. Pedestrians also have a duty to use due care and caution for their own safety. There are times when an accident occurs, and the pedestrian is partially at fault. That’s when the percentage of fault attributable to the pedestrian must be deducted from the gross award. For example, if a pedestrian is hit by a motorist, and that pedestrian is determined to be 25 percent at fault for the accident, a $100,000 verdict would be reduced to $75,000.

A insurance company may want you to accept some of the blame in your accident, but they don’t have the final say.

A skilled lawyer would be working to reduce your level of liability to as small a percentage as possible. Through investigation, information might also emerge showing that you weren’t at fault in any way and are being falsely blamed. In this case, your attorney would fight back to make sure you weren’t stuck with any of the blame.

Do I Need a Lawyer for a Visalia Pedestrian Accident?

If you only suffered minor scrapes or bruises from a pedestrian accident, you may not need a lawyer, but it never hurts to contact us if you’re unsure. Our door is always open – call, text, or stop by our offices with any questions you may have. Scenarios where injured pedestrians are strongly encouraged to consult with one of our attorneys include the following:

• There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Maison Law will ensure both.
• Wrongful death: If a loved one has passed away due to the accident, you will need compensation for funeral expenses and damages related to the untimely loss.
• Fault: If you are blamed for the accident but are not at fault, the attorneys at Maison Law will protect you from liability, as well as take legal action against the at-fault parties. In certain situations, if you are found at fault to some degree, we will minimize your liability or eliminate it entirely.
• Multiple parties involved: Multiple parties make cases complex. An attorney can manage your case against multiple liable parties while protecting your best interests and right to compensation from everyone who played a part in causing your injuries.
• False police report: If a police report places blame on you, and you disagree, our attorneys will gather evidence to support your claim.

Who is Considered a Pedestrian in Visalia?

An unfortunate reality for pedestrians is that drivers can and will make careless decisions on the road, often resulting in an accident with other people walking, biking, or driving. Many times, these preventable collisions are due to drivers ignoring signs, signals, or markings where pedestrians may be crossing. According to California law, a pedestrian is considered anyone who is:

• Walking
• Riding a motorized assistive mobility device
• Riding something that is propelled by their own efforts, other than a bicycle

People using the following devices for transportation are also considered pedestrians:

• Skateboards
• Scooters
• Rollerskates
• Rollerblades
• Skis
• Wheelchairs
• Crutches

The following transportation devices are NOT considered pedestrians:

• E-scooters
• Hoverboards
• Motorized bikes
• Bicycles
• E-bikes

To increase pedestrian safety, California recently passed Assembly Bill 413, also known as the Intersection Daylighting Law. The new statute went into effect in January 2024 and prohibits parking within 20 feet of the approach of any marked or unmarked crosswalk, even if there are no signs or curb markings. Drivers in Visalia should also be aware that citations for AB 413 went into effect on January 1st, 2025. So, it is recommended to leave at least 20 feet between your car and a marked/unmarked crosswalk to avoid a costly fine.

Pedestrian Safety in the Visalia Community

The Community Development Services in Visallia installed pedestrian safety enhancements in Visallia’s downtown area. These improvements included the re-marking of crosswalks at locations with no stop signs or traffic signals along Main Street between Giddings Street and Santa Fe Street. These changes have added high-visibility markings and additional pedestrian warning signs for crosswalks. This project was completed to address one of the busiest areas for pedestrians and drivers alike in the downtown Visalia area.

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

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 Visalia 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 Visalia

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 Visalia?

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 Laws to Keep Pedestrians Safe in Visalia

According to the National Highway Traffic Safety Administration, 1,158 pedestrians were fatally injured in a vehicle accident on California roads in 2022 alone. This staggeringly high number accounted for 26 percent of all traffic-related fatalities in the state. This statistic will hopefully serve as a reminder to drivers and pedestrians alike to remain safe and aware on the street. To regulate pedestrian safety, the State of California has instituted the following pedestrian laws:

• 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: Pedestrians can cross the street using indicators on a crossing light signal a pedestrian may proceed across the roadway, or lawfully yield the right-of-way to vehicles.
• 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.

Average Settlement for Pedestrian Accidents Based on Injury

The severity of your injuries will account for a majority of your overall compensation if you reach a successful settlement. At Maison Law, we establish communication with all your medical providers to calculate the medical attention you’ll need now and for the rest of your life. While there are other determining factors, the following pedestrian accident injury classifications can give you a rough estimate of what your case is worth.

• Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
• Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
• Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your bicycle accident case is essential to knowing the value of your lawsuit. While a highly experienced Pedestrian Accident Lawyer 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:

1. Comparative negligence: If you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law, which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
2. Pre-existing conditions: Pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. 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.
4. Delayed medical treatment: Delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: Inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

Victims and Families Must Act Quickly

In most pedestrian accident cases, there are differing versions of events. A thorough investigation into each pedestrian accident needs to be performed right away. Evidence can be disposed of, and vehicles can be repaired. The recollections of witnesses might get hazy over time, or a crucial witness can vanish into thin air. Victims of pedestrian accidents and their families must act quickly, especially in the event that the crash was caused by a hit-and-run or uninsured driver.