No one plans on being injured, but accidents are an inevitable part of life. In California, pedestrian accidents can be especially unexpected and devastating for solo commuters and families alike. Pedestrian accidents can happen seemingly out of nowhere, leaving many injured victims wondering what to do next. Fortunately, injured pedestrians can seek justice by filing a personal injury claim to pursue fair and full compensation in court.
In this blog, we’ll explore key points about pedestrian accidents in California and review five essential steps to take after sustaining an injury.
5 Steps to Take After a California Pedestrian Accident
While it can be challenging to think straight after sustaining an unexpected injury, it’s crucial to take action immediately to prioritize your health and safety. Pedestrian accidents can have devastating consequences and result in severe injuries or even fatalities.
In California, it’s imperative to understand the steps to take after a pedestrian accident to protect your rights, seek justice, and hold responsible parties accountable. Injured parties can take these five steps after a pedestrian accident to pursue compensation:
- Seek medical attention right away. First and foremost, it's important to prioritize your health and safety after a pedestrian accident in California. Seeking immediate medical care is vital to ensuring you're okay and confirming any subtle or internal injuries you may be unaware of.
- Exchange contact information. If possible, it’s important to exchange contact information with other parties involved in the accident.
- Document the accident scene, if possible. Taking photos or videos of the accident site can equip you with strong evidence to back up your claims in court.
- Contact a trusted pedestrian accident attorney. Securing sound counsel from a qualified pedestrian accident attorney is essential to obtaining maximum compensation in court.
- File a personal injury claim. Your lawyer can assist you with filing a personal injury claim after the pedestrian accident to ensure all necessary documentation and forms are completed and submitted correctly and on time.
Who Is Liable in a Pedestrian Accident?
There are various parties that can be held liable in California pedestrian accidents, such as:
- Fellow Drivers: Motor vehicle operators, including car drivers, truck drivers, and commercial vehicle drivers, have a duty of care towards pedestrians. If a driver's negligence or recklessness causes a pedestrian accident, they can be held liable for the injuries sustained.
- Bicyclists: Bicyclists must also exercise caution and follow traffic laws when sharing the road with pedestrians. If a bicyclist's negligence leads to a pedestrian accident, they may be held responsible for the resulting injuries.
- Motorcyclists: Similar to drivers and bicyclists, motorcyclists have a duty to prioritize pedestrian safety. If a motorcyclist's actions cause harm to a pedestrian, they can be held liable for the damages.
- Local or City Governments: Local or city governments may bear liability if they were negligent in maintaining safe roads, sidewalks, crosswalks, or signage, which directly contributed to the pedestrian accident.
- Manufacturers: In some cases, defects in vehicles or certain pedestrian safety equipment, such as faulty brakes or malfunctioning traffic signals, may contribute to a pedestrian accident. In such instances, the manufacturer of the defective product may be held liable.
Proving Negligence in a Pedestrian Accident
To successfully obtain compensation in a personal injury lawsuit, claimants must prove that the negligent party directly caused their injury. To accomplish this, injured plaintiffs must establish four crucial elements:
- The defendant owed them a duty of care;
- The defendant breached that duty;
- This breach directly caused the accident (“causation”); and
- The ensuing damages are compensatory (“damages”).
Pedestrian safety is paramount to prevent accidents and injuries caused by negligence. By following proper safety precautions such as using crosswalks, obeying traffic signals, and remaining vigilant, pedestrians can significantly reduce the risk of accidents.
Contact a Skilled Personal Injury Attorney in Palm Springs
At The Law Offices of Barry Regar APLC, our experienced attorney has over 40 years of experience representing the wrongfully injured in Palm Springs and beyond. If you were injured due to someone else’s negligence, don’t settle for less than superior legal representation from an award-winning personal injury lawyer. Our passionate team can assist injured Californians and their loved ones with a variety of personal injury claims, from motorcycle accidents to playground injuries.
Our passionate personal injury lawyer has four decades of experience to prioritize your unique needs. Call (760) 440-5643 to request a consultation.