Bay Area Pedestrian Accident Lawyers
Fighting for Pedestrians Struck By Negligent Drivers in Northern California
Have you or someone you know been hit by a car or involved in a pedestrian accident in California’s Bay Area in any way? If so, a Bay Area pedestrian accident attorney at Clancy & Diaz, LLP can help you file a claim or lawsuit for your injuries. Though the specifics of these accidents vary, all involve a pedestrian who was injured in a traffic accident.
To get started in receiving counsel and guidance for your specific needs and concerns, all you have to do is contact our law firm for a free consultation with a pedestrian accident lawyer serving communities throughout the Bay Area. We offer our legal fees on a contingency fee basis, meaning you do not have to pay any out-of-pocket fees or pay anything unless we win your case.
“Thank you so much to Pete and his team. I was very hesitant when choosing a legal firm to represent me in my case, but after talking to Pete I knew that he’ll get the job done. Very knowledgeable, honest and very professional who care about their clients. Debby was assigned to my case and did an amazing job from start to finish. She fought very hard on my case and I’m pleased with the outcome. She always informed me on any updates going on and I could always get in touch with her if I had any questions. Im very much appreciated, thanks Debby!!!!!!! I would definitely recommend choosing Pete to represent you.” - Marvin B., ⭐⭐⭐⭐⭐
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Pedestrian Accidents Throughout the Bay Area
Pedestrian accidents are among the most serious and most preventable crashes on Bay Area roads. High-foot-traffic areas like downtown Walnut Creek, Monument Boulevard in Concord, Antioch’s commercial corridors, and BART station access points in multiple cities see pedestrian-vehicle conflicts every day. Pedestrians in Benicia and surrounding communities face risks from commercial traffic and drivers unfamiliar with local streets.
California law requires drivers to yield to pedestrians in marked and unmarked crosswalks, exercise due care when approaching any pedestrian on the road, and reduce speed near school zones and residential areas. When drivers violate these duties, they can be held liable for every loss the injured pedestrian suffers as a result. Our attorneys have represented pedestrian accident victims across the Bay Area, and we know how to build the evidence-based cases that hold negligent drivers accountable.
We serve clients from five Bay Area offices: Walnut Creek, Antioch, Pittsburg, Benicia, and Brentwood. No matter where in Northern California your accident happened, our attorneys can help. Contact us today for a free consultation.
FAQs About Bay Area Pedestrian Accidents
- Can I sue if I was hit by a car while walking?
- What should I do after a pedestrian accident?
- Who is at fault in a pedestrian accident?
- What are common causes of pedestrian accidents?
- What if I was hit by a car while crossing the street?
- Do pedestrians always have the right of way in California?
- What are common injuries in pedestrian accidents?
- How do I prove the driver was negligent?
- Can I still recover compensation if I was partially at fault?
- Should I speak to the driver’s insurance company?
- How much is my pedestrian accident claim worth?
- What types of compensation can I receive after a pedestrian accident?
- How long do I have to file a claim after a pedestrian accident in California?
- What if my child was hit by a car while walking?
- Can I file a wrongful death claim if my loved one died in a pedestrian accident?
- Do I need a lawyer for a pedestrian accident claim?
Can I sue if I was hit by a car while walking?
Pedestrian accidents in California fall under personal injury law, which covers all physical and psychological injuries caused by negligent or intentional conduct. The victim has the right to bring a lawsuit to civil court against the person or entity that caused his or her injuries. So, if you’re hit while walking alongside or crossing the street, you have options.
In a pedestrian accident, this may be the driver of the car or truck that struck the pedestrian, especially in the case of crosswalk accidents. It may also be the manufacturer of a defective product that caused a driver to lose control of his or her vehicle, or a municipal authority for poorly designed or maintained sidewalks, crosswalks or roadways.
What should I do after a pedestrian accident?
If you’ve been hit by a car while walking, your health comes first. Call 911 or ask someone to do it for you. Seek immediate medical attention, even if you think your injuries are minor. Report the accident to the police and make sure a report is filed. If you’re able to do so, gather contact information from the driver and any witnesses, and take photos of the scene. Once you’re safe, speak with a pedestrian accident lawyer to protect your legal rights.
Who is at fault in a pedestrian accident?
In most cases, it’s the driver who caused the pedestrian accident who’s the at-fault party. This might sound simple. But often, proving who is at fault can turn into a fierce legal battle. Why? Because there’s often a lot of money at stake in pedestrian injury claims or lawsuits. And rather than simply paying injured pedestrians the money they deserve, the at-fault party’s insurance company usually does everything it can to pay injury victims as little as possible or nothing at all. That’s why it’s critical that you have an experienced pedestrian accident lawyer on your side, working with you to build a strong legal case that proves the at-fault party is legally responsible for your injury and accident-related expenses.
What are common causes of pedestrian accidents?
Pedestrian accidents often occur due to driver negligence, such as:
- Distracted driving
- Speeding
- Driving under the influence
- Failing to yield at crosswalks
- Running red lights or stop signs
- Poor visibility or weather conditions
What if I was hit by a car while crossing the street?
If you were in a crosswalk or had the right of way, the driver is likely at fault. Even if you were crossing outside of a crosswalk, you might still be eligible for compensation depending on the circumstances of your pedestrian accident. A lawyer can investigate the details and help you determine your legal options.
Do pedestrians always have the right of way in California?
Pedestrians usually have the right of way at marked crosswalks and intersections, so vehicles must reduce their speed or stop for pedestrians. Even with no pedestrians in sight, a driver should stop before the line of a crosswalk, not in the middle or over it. However, even when a driver was clearly at fault and the pedestrian had the right of way, legal disputes often come up. This is why having a lawyer can often make a big difference in such cases.
What are common injuries in pedestrian accidents?
Since pedestrians lack protection against oncoming vehicles, injuries are often severe and include:
- Traumatic brain injuries (TBIs)
- Broken bones
- Spinal cord injuries
- Internal bleeding
- Cuts, bruises, and road rash
- Emotional trauma, such as PTSD
How do I prove the driver was negligent?
Proving negligence requires evidence. Your attorney can thoroughly investigate your case and amass a wide range of useful evidence in support of your pedestrian injury claim or lawsuit. Such critical evidence can include:
- Police reports
- Eyewitness statements
- Traffic camera or surveillance footage
- Photos of the scene
- Medical records
- Accident reconstruction experts
- Testimony from other expert witnesses
The more information you have in support of your injury claim or lawsuit, the stronger your case – and the more likely you will be fairly compensated for all your financial losses.
Can I still recover compensation if I was partially at fault?
Yes, even if you were partially at fault for causing a pedestrian accident, that doesn’t take away your right to recover compensation entirely. Under California’s comparative negligence law, your compensation is reduced by your percentage of fault. For example, if you’re found to be 20% at fault, you can still recover 80% of your damages, the legal term for money for financial losses.
Should I speak to the driver’s insurance company?
Not without talking to a lawyer first. Insurance adjusters may try to get you to say something that hurts your claim or pressure you into accepting a lowball settlement. You do need to report your accident to your own insurance company, but an attorney can handle communications and negotiations with the other driver’s insurance on your behalf.
How much is my pedestrian accident claim worth?
The total value of your pedestrian accident often depends on many different factors unique to your specific incident. These factors often include the severity of your injuries, your medical expenses, lost wages, and other financial losses. Pain and suffering, emotional distress, and loss of quality of life may also be factored into your pedestrian injury claim or lawsuit. An experienced Bay Area pedestrian accident lawyer can help estimate the full value of your claim, then demand the maximum financial compensation you deserve.
What types of compensation can I receive after a pedestrian accident?
After a pedestrian accident in the Bay Area, you may be eligible to recover compensation for a wide range of damages (financial losses), including money for:
- Medical bills (past and future)
- Lost income and earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation costs
- Loss of enjoyment of life
- Property damage
How long do I have to file a claim after a pedestrian accident in California?
Each state has a statute of limitations, or legal deadline, when it comes to taking legal action. In California, the injury victim in a pedestrian accident has the right to seek legal action for their losses within two years from the date of the incident. Two years might seem like a long time. But the longer you wait to take legal action, the weaker your pedestrian injury case can often become. Evidence can vanish. Witnesses might forget what happened or become impossible to locate. And without strong evidence, your ability to obtain the money you rightfully deserve can become extremely difficult. That’s why it’s important to take legal action right away and talk to a pedestrian accident lawyer as soon as possible.
What if my child was hit by a car while walking?
Children are especially vulnerable in pedestrian accidents. In California, parents or legal guardians can file a personal injury claim on their child’s behalf. The compensation can help cover medical treatment, emotional trauma, and long-term care if needed.
Can I file a wrongful death claim if my loved one died in a pedestrian accident?
Yes. If you lost a loved one due to a pedestrian accident, certain family members can file a wrongful death claim in California, including spouses, domestic partners, children, dependent minors, and personal representatives. These claims can provide compensation for funeral expenses, loss of companionship, and future income the deceased would have provided. No amount of money can make up for the loss of a loved one. But your legal case can bring peace of mind about your family’s financial future.
Do I need a lawyer for a pedestrian accident claim?
Having an experienced lawyer can often make a significant difference in the outcome of your case. An attorney can gather evidence, negotiate with insurance companies, and fight for the maximum compensation you deserve. Without legal representation, it’s easy to get taken advantage of by insurers or miss critical deadlines. Make sure you give your pedestrian injury claim or lawsuit the best opportunity for success.
Contact Clancy & Diaz, LLP today
A pedestrian accident is likely to cause significant disruption to your life – your health, your job, your finances, and your family. You need an attorney who understands what you’re going through and will go the distance to fight for the compensation you deserve. Contact our law firm today for a free consultation with a Bay Area pedestrian accident attorney. We’re here for you.