Dolen, Tucker, Tierney & Abraham Pedestrian Accidents

Redlands Pedestrian Accident Lawyer 

More and more people come to California every year, and as the population grows, so do the number of vehicles. As more of us crowd together, the opportunity for accidents grows. 

If such an accident should happen while you are out for a walk, the results could change your life forever. This is when you will need help from a Redlands pedestrian accident lawyer the most.

An attorney can help explain your rights, and guide you toward getting the compensation you need. There are many complexities when it comes to pedestrian accident cases. If you are not prepared, it may prove difficult to recover fair compensation. 

This is why you need a Redlands personal injury attorney who has experience with pedestrian accidents. At Dolen, Tucker, Tierney & Abraham, our lawyers have experience helping the injured. We know what makes lawsuits successful, so we build strong cases focused on our clients' needs.

Call Dolen, Tucker, Tierney & Abraham, APLC to schedule a free consultation with an experienced pedestrian accident attorney in Redlands, CA at (909) 473-4948 or contact us online.

What Are My Rights as a Pedestrian in California?

You may not have realized this, but pedestrians in California always have the right-of-way. This means people walking near or across streets have legal protections. However, pedestrians still need to be cautious despite these safety laws.

Rules from the California Department of Motor Vehicles recommend pedestrians yield their right-of-way in certain situations. If yielding will prevent a car versus pedestrian accident, officials urge walkers to err on the side of caution. Automobiles can cause devastating injuries to individuals who are on foot. 

Such injuries include:

  • Broken bones
  • Organ damage
  • Spinal cord damage
  • Brain trauma

These injuries can lead to long recoveries, permanent disabilities or even death. Avoiding pedestrian accidents can help you avoid these issues. Yet, pedestrians are not always able to prevent these catastrophic crashes.

What Causes Pedestrian Accidents?

In most vehicle-related pedestrian accidents, the driver of the vehicle was responsible for the crash. Careless, reckless or negligent driving behavior leads to potentially fatal crashes every day. 

According to the National Highway Traffic Safety Administration, almost 115 people lose their lives to pedestrian accidents every week. That's one life every 88 minutes.

Behaviors that can lead to these deadly collisions include:

  • Steering erratically
  • Calming a child while driving
  • Eating while driving
  • Putting on makeup while driving
  • Changing stations on the radio
  • Watching livestreams while driving
  • Talking on your phone while driving
  • Texting while driving
  • Failing to watch where you are driving

Types of Pedestrian Accident Injuries

Pedestrian accidents can cause a wide range of injuries, some of which are severe and life-altering. Understanding these injuries can help pedestrians recognize the importance of seeking immediate medical care and legal assistance.

Fractures and Broken Bones

  • Pedestrians are at high risk of fractures when struck by a vehicle. Common fractures include broken legs, arms, and ribs.
  • Recovery Challenges: Broken bones often require lengthy recovery times, involving surgery, physical therapy, and potential long-term rehabilitation. These injuries can impact mobility and daily activities.

Head and Brain Injuries

  • Traumatic Brain Injury (TBI): A pedestrian hit by a vehicle may suffer a TBI, which can range from mild concussions to severe brain damage.
  • Long-Term Effects: TBIs can lead to memory loss, cognitive impairment, and mood changes. The recovery process can be long and may require ongoing therapy to manage symptoms like fatigue and difficulty concentrating.

Soft Tissue Injuries

  • Sprains and Strains: Soft tissue injuries occur when muscles, tendons, or ligaments are stretched or torn. These injuries can be hard to identify immediately, but they can cause significant pain and discomfort.
  • Ongoing Pain: While soft tissue injuries may heal over time, they often result in chronic pain or limitations that can affect one’s quality of life.

Internal Injuries

  • Organ Damage: Pedestrians involved in accidents may suffer internal injuries such as damage to the lungs, liver, or kidneys.
  • Internal Bleeding: Sometimes, injuries are not visible but can be life-threatening. Internal bleeding requires immediate medical attention to prevent further complications.

Psychological Impact

  • Emotional Toll: Pedestrian accidents don’t just cause physical injuries; they can also lead to emotional trauma.
  • Conditions like PTSD: Survivors of pedestrian accidents may experience post-traumatic stress disorder (PTSD), anxiety, and depression, which may require long-term counseling and therapy.

What to Do After a Pedestrian Accident

If you’ve been injured in a pedestrian accident, following these steps can help protect your health and your legal rights.

Seek Medical Attention Immediately

  • Even if you feel fine or have only minor injuries, it’s crucial to get checked by a doctor. Some injuries may not be immediately apparent, and early treatment can prevent complications later on.

Report the Accident to Authorities

  • Contact the police to file an official report. Having an accident report can serve as crucial evidence when pursuing a claim or lawsuit.

Document the Scene and Evidence

  • Take pictures of the accident scene, including the location, damages to vehicles, and any visible injuries. Gather witness statements and keep track of your medical records for reference in your case.

Avoid Discussing the Accident with Insurance Adjusters

  • Do not give statements to insurance companies before consulting an attorney. Insurance adjusters may try to minimize your compensation, and any statements you make could be used against you later.

Pedestrian Safety Tips

Preventing accidents is always better than dealing with the aftermath. Follow these safety tips to protect yourself when walking.

Use Crosswalks and Pedestrian Signals

  • Always cross at designated crosswalks and wait for the pedestrian signal when crossing at traffic lights. This reduces your risk of being hit by a vehicle.

Be Visible to Drivers

  • Wear bright or reflective clothing, especially at night, and use flashlights when walking in low-visibility areas. This helps drivers see you from a distance.

Stay Alert and Avoid Distractions

  • Avoid using your phone, listening to music with headphones, or engaging in other distractions while walking. Being aware of your surroundings can help you avoid accidents.

Look Both Ways Before Crossing

  • Even if you have the right of way, always look both ways before crossing. It’s important to be aware of oncoming traffic.

Pedestrian Accident Statistics in California

Statewide Accident Data

  • According to the California Highway Patrol, there were more than 1,000 pedestrian fatalities in the state in recent years, with thousands more injured in accidents. Pedestrian accidents are a serious concern, particularly in urban areas.

High-Risk Areas in Redlands

  • Some areas in Redlands, such as busy intersections, school zones, and near shopping centers, are high-risk zones for pedestrian accidents. Stay alert in these areas to avoid dangerous encounters with vehicles.

By being aware of the types of injuries, following safety guidelines, and knowing what to do after an accident, pedestrians can better protect themselves and their rights after a collision.

Ways to Pursue Compensation After a Pedestrian Accident

Individuals injured by the actions of careless, negligent or distracted drivers have options. 

Here are a few of the methods our Redlands pedestrian accident lawyer can use to recover compensation:

  • Insurance Claims
    The auto insurance coverage carried by the at-fault driver may cover pedestrian accidents. This means you will need to file a claim on the driver's insurance policy. 
    However, insurance companies are still businesses focused on profits. This means claims adjusters may try to lowball or minimize your settlement. 
    Worse yet, if you sign that settlement you could be forfeiting your ability to take the driver or insurer to court later. Consulting an experienced pedestrian accident attorney could help avoid these situations.
  • Civil Lawsuit 
    Injured pedestrians may be able to file a lawsuit against at-fault drivers in pedestrian accidents. In these cases, the injured individual must prove the other party's negligence. 
    This will require solid evidence and witness testimony. Other legal requirements may further complicate the case. An experienced attorney should be able to navigate these issues.

Frequently Asked Questions (FAQs) About Pedestrian Accidents

  • What should I do immediately after being involved in a pedestrian accident?
    Answer: First, seek medical attention, even if you feel fine. Some injuries may not be immediately apparent. Then, call the police to report the accident and gather details from the scene, such as photographs, witness information, and insurance details from the driver. Avoid talking to insurance adjusters until you speak with an attorney.
  • Can I still pursue compensation if I was jaywalking at the time of the accident?
    Answer: While jaywalking can affect the outcome of your case, it doesn’t automatically eliminate your right to compensation. California follows comparative negligence laws, meaning the fault may be shared between both parties. An experienced attorney can help evaluate your case and determine how your actions might impact your claim.
  • How long do I have to file a pedestrian accident claim in California?
    Answer: In California, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. However, it’s crucial to begin the process as soon as possible to gather evidence and ensure that your rights are protected.
  • How is fault determined in a pedestrian accident?
    Answer: Fault is often determined by evidence such as police reports, witness statements, traffic camera footage, and medical records. In California, the driver may be considered fully or partially at fault if they were speeding, distracted, or driving recklessly. An attorney can help investigate the case and establish liability.
  • What kind of compensation can I receive for a pedestrian accident?
    Answer: Compensation may cover medical expenses, lost wages, pain and suffering, emotional distress, and in some cases, punitive damages if the driver was particularly reckless. The exact amount will depend on the severity of your injuries, the circumstances of the accident, and the extent of the driver’s negligence.
  • Will I need to go to court for a pedestrian accident case?
    Answer: Many pedestrian accident cases are settled out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, your attorney may recommend going to court. An experienced lawyer will guide you through the process and represent your interests.
  • Can I claim compensation for psychological injuries after a pedestrian accident?
    Answer: Yes. Emotional distress, anxiety, PTSD, and other psychological injuries can be part of your claim. You will need medical documentation and testimony from mental health professionals to support your claim for emotional damages.

Injured in a Pedestrian Accident?
Get the compensation you deserve. Contact our experienced Redlands pedestrian accident lawyer today for a free consultation at (909) 473-4948!

Dolen, Tucker, Tierney & Abraham

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Redlands, CA 92374
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