Pedestrians in Irvine and the surrounding Orange County communities who suffer injuries may find their lives permanently altered. Unfortunately, due to the lack of protection for those traveling on foot, pedestrian accidents can result in catastrophic injuries. If you were injured while walking due to unsafe properties or you were struck by a negligent driver, understanding what steps to take after a pedestrian accident in Irvine can considerably impact the outcome of your claim. As such, discussing your circumstances with our Irvine pedestrian accident lawyers can help you through these matters.
Unfortunately, many towns and cities are becoming less walkable, meaning it is growing increasingly less safe for pedestrians. In many instances, car-centered designs and changes to infrastructure occur, leaving pedestrians with fewer and less safe routes to traverse. As a result, pedestrian accidents are increasing in California and around the country, with over 68,000 pedestrians suffering injuries across the country in 2023.
Though you may not hear about them as frequently, pedestrian accidents are not as uncommon as you may believe. Generally, there are two main causes – unsafe premises and negligent drivers.
Under California law, pedestrian injury claims are based on negligence. Essentially, this requires the injured party to show that the defendant owed them a duty of care, whether that was to operate a vehicle in a safe manner or maintain their premises. As such, if the individual owed you a duty of care, breached that duty, caused injuries that resulted in calculable damages, they may face liability.
Additionally, negligent drivers can also cause pedestrian accidents. Unfortunately, many drivers often fail to understand that, in the majority of instances, pedestrians have the right of way at crosswalks and intersections. As such, drivers may fail to stop for pedestrians crossing the road, walking through parking lots, or crossing aprons on sidewalks, which can result in an accident. In addition, the following are some common ways in which a pedestrian can sustain injuries from drivers:
Pedestrians can sustain serious injuries when traveling on foot due to:
Unlike a collision between two vehicles, there is no physical barrier to absorb the blow when a person is struck by a vehicle. This can result in severe injuries, even for accidents that occur at low speeds.
If you have sustained an injury as a pedestrian, it is imperative to understand your legal options in these instances. Whether you have slipped and fallen due to an unsafe sidewalk or you are injured by a negligent driver, taking the necessary steps can help you not only ensure your health and well-being but also your right to pursue compensation.
Unfortunately, the first few hours following a pedestrian accident are the most important, despite being the most overwhelming, as evidence and witnesses may be difficult to locate, and insurance companies may immediately begin investigating. As such, remaining calm and taking the necessary steps is critical to protecting yourself.
If you are physically able to do so, you should:
California law allows pedestrians who have suffered harm due to the negligence of another to seek compensation. However, working with an attorney early in this process can help provide the most protection for your legal rights.
In a California pedestrian accident claim, compensation is intended to help the injured party recover the financial losses they have experienced. As such, the value of the claim will depend on negligence, the severity of the injuries, and the long-term impacts anticipated.
Pedestrian accident claims filed in Irvine or throughout Orange County generally proceed through the local Superior Court system. Taking immediate action is critical to ensure that all deadlines are met, ensuring you can fight to recover the compensation you deserve.
One of the most important things you can do after sustaining an injury as a pedestrian in California is to connect with an experienced personal injury attorney. At California Personal Injury Law Firm, APC, we understand how overwhelming it can be to navigate a legal battle while healing from the injuries and trauma of an accident, which is why our team is committed to helping you fight for the best possible outcome for your unique circumstances. Contact us today to learn how we can fight for you.
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