California Pedestrian Accident Attorneys for the LGBT Community

Pedestrian accidents are more common than most people would think. 2019 marked one of the most deadly years for pedestrian accidents since 1977. The Colorado Department of Transportation reported 6,590 pedestrian fatalities and over 130,000 emergency room incidents by vehicles. By the end of 2019, 17% of all crash fatalities in the US were pedestrians.  70% of pedestrian accidents occur outside of crosswalks and intersections. Drivers and pedestrians are often distracted by their mobile devices, talking with friends, or any number of things, leaving them unaware of their surroundings and vulnerable to potential accidents. With drivers and pedestrians unsuspecting and unaware, it is important to know your rights and where to find a knowledgeable pedestrian accident attorney.

Common Pedestrian Accident Injuries

In the event of an accident, a pedestrian does not share the same protection as the driver of the vehicle. Cars offer seat belts, airbags, cushions, steel reinforcement, brakes, and other safety equipment that protect drivers and their passengers. Pedestrians, on the other hand, do not have anything protecting them from injury. Minor car accidents can leave pedestrians severely injured, and in many cases, deceased.

If you have been in a pedestrian accident, you may suffer from some of the following injuries:

• Broken bones
• Coma
• Crushing injuries
• Death
• Disfigurement and scarring
• Internal organ damage
• Lacerations and abrasions
• Neck damage
• Nerve damage
• Paralysis
• Puncture Wounds
• Severed limbs
• Spinal cord injuries
• Sprains and strains
• Traumatic brain injuries

What To Do After a Pedestrian Accident

After a person has been struck by a vehicle, they may not feel pain due to the rush of adrenaline the body produces in catastrophic events. Regardless of the pain felt after the accident, one must seek medical treatment immediately. Serious complications may arise if you fail to receive medical evaluation and treatment. Medical documents also serve as strong evidence in personal injury cases.

In addition to seeking medical attention, the following will steps will help you to strengthen your case:

Take Photos

It is imperative to take clear photos of your injuries, the scene of the incident, any crosswalks, street signs, street lights, and any other important features at the scene that may strengthen your case.

Gather Witnesses

Eyewitness testimonies are often the most crucial evidence in pedestrian accident settlements. With a third-party testimony, your case may be strengthened. Gather contact information from all eyewitnesses of the incident, and If available, you should gather surveillance footage from local buildings and street cameras.

Keep a Journal

Write down all the information you can remember from the incident. In the time following the incident, keep a record of your pain, discomfort, and overall health. While things may be clear in the moment, your memory may be less reliable as the adrenaline fades and time passes. This can be used as evidence to strengthen your case.

Consult an Attorney

Due to the complexity of California’s personal injury laws, hiring an experienced, LGBT-friendly Pride Legal Pedestrian Accident Attorney is crucial. Your LGBT Pedestrian Accident Lawyer will reach the maximum compensation for your injuries and get you on the road to recovery.

Basis of a Claim

In order to win your pedestrian accident case, you must prove that another party’s negligence caused your injuries. To have a viable personal injury claim, you must prove the following:

• The opposing party owed you a duty of care. For example, all drivers must stop at stop signs.
• The opposing party breached the duty of care. For example, Joseph sped through a stop sign.
• The breach of duty caused an accident. For example, Joseph hit Casey, a pedestrian crossing the street, after running a stop sign.
• The accident caused you physical harm. Casey broke her leg as a result of the accident.

Without documented injuries, it is difficult to win a pedestrian accident case. If you suffered injuries (no matter how severe or minor) because of another party’s negligence, you have a viable personal injury claim. In this case, Casey has a viable personal injury claim.

If you have been injured in a pedestrian accident, consult Pride Legal’s network of independent LGBT Pedestrian Attorneys today. We’re here to help.

What is the Statute of Limitations for a Pedestrian Accident?

The California statute of limitations for a personal injury claim is six months, two years, or three years based on the situation. In California, pedestrian incident claims fall under personal injury claims. If you are seeking compensation for bodily injury, the statute is two years under California civil code 335.1. This section falls under the larger section of general bodily injury claims. If you are filing a claim against a government entity, such as a city, county or California state government agency, the statute of limitations is six months from the incident.  If you are seeking payment for repairs or replacement of property damage, you will have three years to file your case under code 338. While the court process may exceed the statute, you must file before the above time has passed.

Are There Extensions For Pedestrian Accident Claims?

The victim is physically or mentally incapacitated as a result of the injury
The victim is under the age of 18. (Under this circumstance, the statutory deadline will commence once the victim reaches the age of 18.) The injuries manifested themselves after the incident took place (Under this circumstance, the statutory deadline will commence once the injuries are realized by the victim.)

How Much Can I Make From a Pedestrian Accident?

You can make lost wages, medical bills, expenses, and even hardships incurred by a pedestrian accident back through a suit. The amount is determined in one of two ways. The first is outright in which the insurance or owner pays for all incurred expenses due to the injury. The second is done through a process similar to car insurance determinations called comparative negligence. In this process, the jury will determine what percentage of fault each party holds. Say John saw an employee mopping before he entered the dealership. When he enters, slips then suffers an injury his case goes to court. After reviewing the footage of John seeing the mopping in progress, the jury decides John had some fault in the accident, but the owner could have done better at upholding his duty to care. Therefore, the jury decides that John will be awarded 80% of his claim because the owner was 80% at fault, and John was 20% at fault.

The value of your pedestrian accident case is dependent upon the severity of your injuries. For example, an individual who suffered from a traumatic brain injury would be more likely to receive greater financial compensation than an individual who suffered a broken wrist. Consult a Pride Legal LGBT Pedestrian Accident Lawyer to assess your case.

How to Avoid Pedestrian Accidents

Negligent drivers are often the cause of pedestrian accidents. In some accidents, pedestrians will be the negligent parties. This is often due to jaywalking or not paying attention to surroundings. Crossing the street outside of a crosswalk is illegal for a reason: it is very dangerous. Although most pedestrian accidents occur outside of the crosswalk, the following are frequent locations of pedestrian accidents:

• Schools: Children rushing out of classrooms often fail to look both ways when crossing the street. Young children often jump out from behind parked cars, leaving drivers with only a split second to react.
• City Crosswalks: In areas with high foot traffic, crosswalks are often hotspots for pedestrian accidents.
• Parking lots: Cars leaving parking lots often do not stop and look both ways when turning onto the road. In these cases, negligent pedestrians may fall victim to accidents.

When is the Pedestrian Responsible For an Accident?

Pedestrians are responsible for the accident when they are the negligent party. This includes jaywalking across the street with disregard for traffic, walking through areas where the law prohibits, such as interstates, or ignoring their surroundings in a dangerous area. This does not mean the pedestrian is the only party being negligent, but it will not be as easy to recoup your losses. No matter what the case, always contact a pedestrian accident attorney. At Pride Legal, we want the best possible outcome for you!

Some Helpful Tips to Avoid Pedestrian Accidents:

• Avoid Jaywalking
• Avoid dark clothing at night
• Wear bright, neon clothing at night
• Carry a flashlight at night
• Only cross the street with a shown walking symbol

Stay aware of your surroundings:
Avoid using your mobile device in high traffic areas and while crossing the road

Additionally, be aware of when drivers are most dangerous. Drivers may be liable and increase their chances of being involved in a pedestrian accident if they:

Turn left or right without looking both ways: This is the most frequent cause of pedestrian accidents. Individuals turning left or right may fail to look at both ways due to negligent actions, or they may be focused on oncoming traffic

Running red lights and stop signs: Jaywalking pedestrians are often seriously injured in these types of accidents. Drivers may pass red lights and stop signs at very high speeds, leaving pedestrians with little to no time to react.

DUI: Driving under the influence of alcohol or drugs greatly increases the chances of getting involved in an accident. Drivers under the influence may experience sleepiness, blurry vision, decreased reaction speeds, lowered inhibitions, and more unwanted side effects.

Bad weather: Rain, snow, fog, or sleet often play important roles in pedestrian accidents. Certain weather conditions prevent drivers from keeping control of their cars and actions.

Car defects: Broken lights, faulty brakes, and steering deficiency play vital roles in pedestrian accidents. Liability can often be placed on the vehicle’s manufacturer.

Contact Pride

If you or a loved one has been injured in a pedestrian accident, we invite you to Contact a California Gay and Lesbian Personal Injury Attorney at Pride Legal for legal counseling or any further questions. Pride Legal’s network of LGBT Pedestrian Accident Attorneys will seek the maximum compensation for your injuries.