Southern California’s warm weather makes it an ideal state for pedestrians, but unfortunately, unsafe road conditions put walkers at risk. In fact, in 2021, 1,108 pedestrians were killed in traffic collisions according to the California Office of Traffic Safety. Many more were injured.
Pedestrians have no protection when a careless driver hits them, so the damage they sustain is often devastating. If you or someone you love was hurt in a pedestrian crash, you need to take swift legal action to get the compensation you deserve. JSM Injury Firm APC is here and ready to help.
Our skilled and experienced Anaheim pedestrian accident lawyers have decades of collective experience fighting for the rights of injured victims, both in court and through the negotiation of fair out-of-court settlements that provide full compensation. We don’t collect legal fees unless we win your case and we’re serious about offering the advocacy you deserve.
Give us a call today at (949) 404-4826 to schedule a free consultation and learn more about how a personal injury attorney in Anaheim can help you.
Top Causes of Anaheim Pedestrian Accidents
Pedestrian crashes have many causes, but some of the most common reasons these accidents happen include the following:
Drivers failing to yield
Poor visibility
Impaired drivers
Fatigued drivers
Distracted drivers
Speeding
Improper signaling
Unsafe left turns
In many situations, the crash is caused by a driver who fails to obey safety rules or who engages in unsafe behaviors. When this happens, California Civil Code Section 1714 makes clear that the negligent driver can be held accountable.
California Civil Code Section 1714 states that everyone is responsible “not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
It will be up to crash victims and their loved ones to gather the evidence necessary to prove that the other driver behaved unsafely, though. JSM Injury Firm APC can help. From day one, we’ll work with you to find and interview witnesses, obtain police reports and evidence from the scene, and even find experts who will show how the driver was to blame.
Your Legal Rights After an Anaheim Pedestrian Accident
To prevail in a pedestrian crash, you will need to show the other driver did something wrong — either intentionally or carelessly.
The Judicial Council of California Civil Jury Instructions explains in CACI No. 400 that you can recover compensation if you can prove:
The driver was negligent or less careful than a hypothetical reasonable driver would have been
The negligence directly caused you harm
You were damaged because of the negligence and you can be compensated for the damages you endured
If you can show that the other driver violated a rule-of-the-road meant to prevent accidents, such as a speed limit law or laws against DUI, then this can create a presumption of negligence.
You are also allowed to recover compensation even if you were partly to blame. That’s because Li v. Yellow Cab Co., 532 P.2d 1226 (1975) established a pure comparative fault rule in California. Under this rule, even if you were mostly responsible for the incident, you can still recover compensation from the other party for their share of the damages.
As California Civil Code Section 1431.2 explains, the other driver would simply be responsible for paying only the percentage of damages they were at fault for — so a driver who was 10% responsible for causing the pedestrian accident would cover 10% of the damages done.
You do need to act quickly to enforce your rights, though, as California Code of Civil Procedure section 335.1 establishes that there is a two-year statute of limitations for legal cases arising from “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Compensation for an Anaheim Pedestrian Accident
When you pursue a claim for damages after a pedestrian crash, you should be “made whole” or paid back fully for all economic and non-financial loss. Some of the different kinds of damages you can recover compensation for include:
Medical bills: This includes the bills for any care you have received because of the accident up to the time your claim is resolved, as well as ongoing future medical care — even if your need for care continues for life.
Lost wages: You should be paid for any work you missed to the date your case is resolved and should be compensated for any future decline in earning power if your pedestrian accident injuries affect your work abilities.
Pain and suffering: When you experience pain and distress from your injuries, or experience a decreased quality of life, you deserve to be paid monetary damages for this tremendous loss. If your injuries are ongoing or permanent, future pain and suffering should be taken into account.
Emotional distress: Many people experience anxiety, PTSD, depression, or other mental distress as a result of either the accident or the injuries that followed. You should receive compensation for these losses as well.
You will most likely be compensated by the insurance company of the driver who caused your pedestrian accident. Insurers often try to pay out as little as possible so it’s important to have a legal advocate on your side to help you with settlement negotiations and to advise you when to turn a settlement offer down because the compensation is less than you deserve.
How an Anaheim Pedestrian Accident Attorney Can Help You
JSM Injury Firm APC has extensive experience helping those injured while walking. Our Anaheim pedestrian accident lawyers are here and ready to assist you at every step of your case, and we have both negotiation skills and litigation experience so we can help you win in court or out of court.
To find out more, give us a call at (949) 404-4826 to schedule a free consultation and learn what our dedicated and compassionate legal team can do for you.
