Picture this: you’re out for a morning stroll, enjoying the crisp California air. Suddenly, a vehicle comes barreling around the corner, failing to yield. In a split second, you’re struck in a devastating pedestrian accident, leaving you with severe injuries, mounting medical bills, and an uncertain future.
Pedestrian accidents are all too common in Newport Beach. Data from the California Office of Traffic Safety shows Newport Beach among the worst counties in the state for pedestrian fatalities and injuries.
To seek justice for your pedestrian accident injuries or your loved one’s death, get the help of Libra Law Firm. We are Newport Beach personal injury attorneys who have won full compensation for many Southern Californians. We’re ready to provide you with sound legal advice and strong representation. Your consultation is free. Call Libra Law at (888) 565-3214 today.
What Should I Do If I’m Involved in a Pedestrian Accident?
If you are involved in a pedestrian accident in Newport Beach, here are the steps you should take:
- Seek medical attention immediately, even if you think your injuries are minor. Some injuries may not be apparent right away.
- Call the police to report the accident and request an official report be filed. Provide them with accurate details of what happened. Secure a copy of the report.
- Collect evidence at the scene if possible. Take photos and videos of the area, the vehicle involved, traffic signals, and other relevant factors. Get contact information from any witnesses.
- Do not admit fault or provide any statements to the driver’s insurance company until you speak with a lawyer.
- Contact an experienced pedestrian accident attorney as soon as possible. They can assist you in pursuing just compensation for losses, investigate the crash, and deal with the insurance companies on your behalf. Your lawyer will determine who was at fault based on California’s pedestrian right-of-way laws. Even if you were jaywalking, the driver may still bear some liability if they were negligent.
- Follow your doctor’s treatment plan and document all your injuries, expenses, and lost income related to the accident.
- Never accept an initial settlement offer from an insurance company without your lawyer’s approval, as it may be far less than what you deserve.
The key is to act quickly, gather evidence, get medical care, and contact a qualified pedestrian accident lawyer in Newport Beach to protect your rights and maximize your compensation.
Pedestrian Accident Statistics in Newport Beach
With over 3.2 million residents and tens of millions of annual visitors, Newport Beach sees significant pedestrian traffic, especially in popular beach cities like Huntington Beach and Newport Beach. This high volume of foot traffic, combined with congested roads, creates an elevated risk for pedestrian accidents.
Numbers from the California Office of Traffic Safety show that in 2021 alone, some 827 pedestrians were injured or killed in Newport Beach. Among these victims, 113 were older than 65 while 69 were younger than 15.
These sobering statistics underscore the importance of pedestrian safety measures and the role that both drivers and pedestrians play in preventing these accidents. By raising awareness and holding negligent parties accountable, we can work towards making Newport Beach’s streets safer for all.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for a variety of reasons but many share common underlying causes. Understanding these causes is crucial in determining liability and pursuing compensation.
Some of the most common causes of pedestrian accidents include:
- Distracted driving: Drivers who text, use devices, or eat behind the wheel are slow to react to avoid pedestrians.
- Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of injuries in the event of a collision.
- Failure to yield: Unfortunately, California has many careless drivers who fail to yield to pedestrians at crosswalks or intersections.
- Impaired driving: When a motorist is drunk or under the influence of drugs, they find it extremely difficult to operate their car safely, endangering pedestrians.
- Poor visibility: Pedestrian accidents are more likely to occur in low-light conditions or areas with obstructed views.
- Distracted walking: While drivers bear the primary responsibility for pedestrian safety, pedestrians who are distracted by their phones or other devices may fail to exercise proper caution.
By identifying the root cause of a pedestrian accident, your accident lawyer can build a strong case and pursue compensation from the responsible parties.
Injuries Sustained in Pedestrian Accidents
Pedestrians are particularly vulnerable in collisions with vehicles, as they lack the protective barriers that drivers and passengers enjoy. Thus, pedestrian accidents often result in severe, life-altering injuries. Some of the most common injuries in pedestrian accidents include:
- Traumatic brain injuries (TBIs): The force of impact can cause severe head trauma, leading to cognitive impairments, memory loss, and other long-term effects.
- Spinal cord injuries: Damage to the spinal cord can result in partial or complete paralysis, significantly impacting a person’s mobility and quality of life.
- Broken bones: Pedestrians often sustain multiple fractures such as broken arms, legs, ribs, and pelvic bones. These can require extensive medical treatment and rehabilitation.
- Internal injuries: The blunt force of a pedestrian accident can cause internal bleeding, organ damage, and other life-threatening injuries.
- Soft tissue injuries: Sprains, strains, and other soft tissue injuries can be debilitating and may require ongoing physical therapy.
- Emotional trauma: The psychological impact of a pedestrian accident can be just as severe as the physical injuries, leading to conditions like post-traumatic stress disorder (PTSD), anxiety, and depression.
At Libra Law Firm, we understand the profound impact that these injuries can have on your life. That’s why we fight tirelessly to secure compensation for your medical expenses, lost wages, and other losses, allowing you to focus on your recovery.
Pedestrian Accident Laws in California
The California Vehicle Code contains these rules for motorists when sharing the road with pedestrians:
- Drivers must yield to pedestrians crossing the street in marked or unmarked crosswalks.
- When pulling out from driveways or alleys onto a roadway, drivers must yield the right-of-way to both pedestrians and other vehicles already on the road.
- Drivers entering the flow of traffic must continue yielding until it is safe to proceed.
Both drivers and pedestrians have a shared duty to prevent accidents through attentiveness and care. For instance, a pedestrian can’t simply step off the curb directly into the path of an oncoming vehicle that is too close to stop in time. That would create an immediate hazard.
But while pedestrians have certain responsibilities, California law places a strong burden on drivers to exercise appropriate caution and yield the right-of-way to prevent pedestrian accidents. A driver who violates these laws and hits a pedestrian will likely be found negligent and liable to pay. It’s important that your pedestrian injury lawyer is well-versed in California rules and has demonstrated competence in local accident claims like yours.
Compensation for Pedestrian Accident Victims
If you or a loved one has been injured in a pedestrian accident, you may be entitled to compensation for a variety of damages. A skilled Newport Beach pedestrian accidents lawyer will work to ensure that you receive the full compensation you deserve. Common types of damages awarded in pedestrian accident cases include:
- Medical expenses: This includes compensation for past and future medical bills, hospitalization, rehabilitation, and any necessary long-term care.
- Lost wages: If your injuries prevent you from working, you may be entitled to compensation for lost wages as well as diminished future earning capacity.
- Pain and suffering: Pedestrian accident victims often endure significant physical and emotional pain and suffering, which can be compensated through monetary damages.
- Property damage: If any personal property, such as a bicycle or clothing, was damaged in the accident, you may be able to recover the cost of repair or replacement.
- Punitive damages: In cases of particularly egregious or reckless behavior, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.
Discuss your accident with our attorneys at Libra Law. We can thoroughly examine the effects of your accident, taking into account its physical, financial, and emotional impact on your life. This way, we can determine the full extent of your losses and assert your maximum compensation.
Why You Need an Newport Beach Pedestrian Accidents Lawyer
If you or a family member has been involved in a pedestrian accident, you may be feeling overwhelmed and unsure of where to turn. That’s where a pedestrian accidents lawyer can make all the difference. Here are just a few reasons why having a skilled attorney on your side is crucial:
- Navigating the legal system: The legal process following a pedestrian accident can be complex and daunting. An attorney will guide you through every step, ensuring your rights are protected and that you meet all deadlines and requirements.
- Investigating the accident: A thorough investigation is key to building a strong case. Your lawyer will gather evidence, interview witnesses, and work with accident reconstruction experts to determine liability.
- Calculating damages: Determining the true extent of your damages – including future medical expenses, lost wages, and pain and suffering – requires legal expertise. Your attorney will ensure that no stone is left unturned in pursuing the maximum compensation possible.
- Dealing with insurance companies: Insurance firms have a bad reputation for attempting to reduce claims or reject them outright. An experienced lawyer will negotiate on your behalf and fight for the full compensation you deserve.
- Representing you in court: If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial and present a compelling argument on your behalf.
At Libra Law Firm, we understand the physical, emotional, and financial toll that pedestrian accidents can take. That’s why we pour endless hours into each case we handle and use all our resources to strengthen each claim. At the same time, we provide considerate kindness to every client we serve. When you work with Libra Law, you get not just assertive lawyers but also a caring, communicative team who helps ease the process of your recovery
Frequently Asked Questions About Newport Beach Pedestrian Accidents
Can I still recover compensation if I was partially at fault?
Yes, it’s possible. California follows the “pure comparative negligence” doctrine, which means that you can still recover compensation even if you were partly at fault for the accident. However, your award will be reduced by your percentage of fault. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%. An experienced lawyer can help minimize your assigned fault and maximize your recovery.
How long do I have to file a pedestrian accident claim?
In California, the statute of limitations for filing a personal injury claim related to a pedestrian accident is generally two years from the date of the accident. However, there are exceptions to this rule, such as cases involving minors or government entities. It’s crucial to consult with an Newport Beach pedestrian accidents lawyer as soon as possible to ensure you don’t miss any important deadlines.
What if the driver who hit me doesn’t have insurance?
If the driver who hit you doesn’t have insurance or doesn’t have enough coverage to fully compensate you, you could pursue compensation through your own uninsured/underinsured motorist coverage. If you don’t have UM/UIM coverage, there may still be other legal avenues to get compensated. Your Newport Beach pedestrian accidents lawyer can help you navigate this process and explore all available options for recovering compensation.
How much does it cost to hire a pedestrian accident lawyer?
Since we operate on a contingency fee basis at Libra Law Firm, there are no upfront expenses or legal fees for you to pay. We only get paid if we successfully recover compensation for you. Our fees are a percentage of your total award, so you can rest assured that we’ll work tirelessly to maximize your recovery.
What if the driver who hit me was impaired or distracted?
If the driver who hit you was under the influence of drugs or alcohol, or was distracted by texting or other activities, this can significantly strengthen your case. Impaired or distracted driving is considered negligent behavior, and if they were extraordinarily reckless, you may be entitled to additional awards like punitive damages.
Can I still recover compensation if I wasn’t in a crosswalk?
Yes, pedestrians have the right-of-way in most situations, even if they’re not in a designated crosswalk. However, the specifics of your case will determine the degree of fault assigned to each party. An experienced California pedestrian accidents lawyer can help evaluate the circumstances and build a strong case for your recovery.
What if the driver who hit me fled the scene?
Hit-and-run accidents can be particularly challenging, but you may still be able to recover compensation through your own uninsured motorist coverage or other avenues. It’s important to report the accident to the police immediately and provide as much information as possible about the vehicle and driver. Your lawyer can also work to identify the responsible party and hold them accountable.
How long does a pedestrian accident case typically take?
The length of a pedestrian accident case depends on factors like the complexity of the case, the severity of your injuries, and the willingness of the insurance company to negotiate fairly. Some cases may be resolved in a matter of months, while others may take a year or more, especially if the case goes to trial. Your attorney should keep you informed throughout the process and work to resolve your case as efficiently as possible.
What if I was hit by a commercial vehicle or rideshare driver?
If you were hit by a commercial vehicle, such as a delivery truck or rideshare driver, the liability may extend beyond the individual driver to the company they work for. These cases can be more complex as they may involve additional insurance policies and legal considerations. An experienced pedestrian accidents lawyer can help navigate these complexities and ensure that all responsible parties are held accountable.
Contact Libra Law Firm: Your Trusted Newport Beach Pedestrian Accidents Lawyer
If you or your family member has been involved in a pedestrian accident in Newport Beach, don’t hesitate to contact Libra Law Firm. Our dedicated and compassionate attorneys have extensive experience representing pedestrian accident victims and fighting for the compensation they deserve. Don’t let the negligence of others derail your life. Contact us today at (888) 565-3214 for a free, confidential consultation with an Newport Beach pedestrian accidents lawyer.