According to the California Office of Traffic Safety, about 7,500 pedestrians have died in California between 2009 and 2018. In 2018 alone, more than 14,000 pedestrians were injured on California roadways. The lack of protection for pedestrians from automobiles, make pedestrian accidents even more devastating. Such accidents often cause both minor and catastrophic injuries, traumatic brain injuries, fractures, emotional traumas, and sometimes even death.
If you or a loved one have been hurt in a pedestrian accident caused by another person's negligence, you may be entitled to seek damages. At Benner Law Firm, we are dedicated to offering experienced legal services and compassionate representation to pedestrian accident victims and their loved ones. Our knowledgeable California personal injury attorney will investigate the details of your case and help you explore all possible legal options as you pursue compensation for your injuries. As your legal counsel, we will fight compassionately to protect your rights and help you pursue the best possible outcome for your case.
Benner Law Firm also proudly serves clients throughout San Diego, Chula Vista, San Diego County, Escondido, Oceanside, El Cajon, and all of California.
Determining the at-fault party is a crucial aspect of seeking compensation after a pedestrian accident. To recover damages for your injuries, you need to prove the following elements:
The at-fault driver owed you a duty of care.
The at-fault driver breached that duty of care through their negligent actions.
The driver's carelessness or negligence caused your injuries.
You suffered bodily injuries, actual harm, or someone lost their life due to the accident.
In California, motor vehicle drivers owe a duty of care to pedestrians, motorcyclists, bicyclists, other drivers, and road users. According to the California Vehicle Code 21950,
All drivers have a responsibility to exercise due care to avoid hitting a pedestrian.
All drivers shall yield the right-of-way to a pedestrian crossing the roadway.
All motorists must not drive on a sidewalk unless it's needed to cross the street.
All drivers shall yield to a blind person using their cane to signal that they wish to enter a crosswalk.
All motorists must stop at least five feet from a crosswalk to allow pedestrians to cross the road safely.
On approaching an intersection, all drivers must slow down and be ready to stop.
All drivers may be found negligent if their failure to exercise due care causes a pedestrian accident or injury.
According to California Vehicle Code Section 21954, pedestrians have the following rights and duties:
Pedestrians have the right of way in either a marked or unmarked crosswalk.
Pedestrians must follow all traffic rules. However, if the pedestrian is not properly obeying the law, a motorist is expected to yield the right of way.
Pedestrians upon a roadway, other than within a marked crosswalk, shall yield the right-of-way to all vehicles.
Pedestrians must walk close to his or her right-hand edge of the roadway.
Pedestrians must not cross the roadway at any place except in a crosswalk.
California is considered a fault state. This means that the person responsible for the accident (the at-fault party) must compensate accident victims who require medical treatment or repair to damaged property. However, California uses the comparative negligence principle. Under this system, a person will only be liable for his or her percentage of fault in an accident. For example, if you were found to be 20% at-fault for the accident, you will only be entitled to receive 80% of the total damages awarded in your case.
California requires drivers or vehicle owners in the state to carry liability insurance with a minimum coverage of:
$15,000 for bodily injury or death per person in an accident
$30,000 for bodily injury or death to more than one persons in an accident
$5,000 for property damage in an accident.
Pedestrian accidents can have a significant, long-term effect on your financial, physical, and mental well-being. The good news is, you don't need to go through these challenges on your own. If you were involved in a pedestrian accident, it is imperative that you retain a knowledgeable California personal injury attorney as soon as possible to help protect your rights and provide you with the legal guidance and support you need.
At the Benner Law Firm, our firm has spent years offering compassionate legal service and representation to clients facing complex personal injury cases. As your legal counsel, we can help with all of the following:
Review every aspect of your case and conduct a detailed, private investigation
Gather all important information, pieces of evidence, police reports, and other documentation
Work to establish fault and prove liability
Determine and estimate case-value
Handle all communications and negotiations with insurance companies and opposing legal counsel
Work hard to negotiate a fair financial settlement with the insurance provider
If necessary, represent you in court for your personal injury or wrongful death lawsuit
Our team will fight compassionately to protect your rights and represent your best interests. We will do everything that we possibly can to help you hold those who are responsible for your injuries accountable. With our firm on your side, you can increase your chances of successfully pursuing the best possible outcome for your case. Don’t wait. Reach out to our firm today to schedule a free initial case consultation.
If you or a loved one have been hurt in a pedestrian accident and need legal guidance for your injury claims, contact the Benner Law Firm today to schedule a free one-on-one consultation. Our firm can fight aggressively to protect your rights and help you pursue fair financial compensation that can cover your medical expenses, lost wages, future medical treatments, and any other pain and suffering you’ve had to endure. We're proud to serve pedestrian accident victims throughout San Diego, Chula Vista, San Diego County, Escondido, Oceanside, El Cajon, and all of California — so reach out today for help!