Crockett Law Group — Santa Ana Pedestrian Accident Lawyer
It would be perfectly all right to assume that the highest number of accidents involving pedestrians in Orange County happen at places other than Santa Ana such as Laguna Beach or Huntington Beach. However, Santa Ana is the place where the highest number of accidents involving pedestrians happen. Pedestrian accidents in Santa Ana happen almost everywhere including driveways and parking lots, and not just at intersections.
Main Causes of Pedestrian Accidents
Pedestrian accidents happen due to a variety of reasons including drinking and driving, drivers not paying attention when driving, drivers losing control of their vehicle, drivers texting when driving, and various other reasons. Accidents involving pedestrians in Santa Ana happen for various reasons but some reasons are much more common than others. Here are the most common reasons for pedestrians suffering severe injuries or losing their lives:
Failure to yield the right-of-way
Texting while driving
Driving close to a sidewalk
Running through a red light or a stop sign
Speeding in a school zone
Driving under influence
One of the major causes of pedestrian accidents in California is driver errors. Drivers are legally obligated to always be aware of their surroundings and obey the relevant pedestrian laws. The driver will be held liable in case their actions lead to a pedestrian’s injury or death.
What Should I Do After a Pedestrian Accident?
If you have suffered a serious injury after being involved in a pedestrian accident, it is important for you to take certain steps if you want to get fair compensation for your injuries. Here is what our experienced Santa Ana pedestrian accident attorneys recommend:
Give a Call to the Police — It is important that you call the police and make sure they make a formal report. The police report is an important piece of evidence as it will list down everything at the scene of the accident. This report plays an important role in ensuring that you get fair compensation for your injuries.
Get Proper Medical Care — You should always go see a physician even if you feel that you haven’t suffered any injuries. Many injuries are not visible on the surface but can have serious consequences for your health. And this is why it is recommended the visit the emergency room whenever you’re involved in an accident. Also, make sure you follow the instructions provided by your doctor regarding treatment and rest.
Document Your Injuries — Make every effort to document the scene of the accident and your injuries. Everyone has a phone these days and you should use the phone to take photos of the accident scene from multiple angles. Make sure you capture any property damage as well as your injuries in detail. You should also try to obtain contact information including the name and contact details of any witnesses at the scene.
Don’t Admit Fault — Make sure you do not admit fault whenever you are discussing the details of the accident with anyone. First talk to a trusted pedestrian accident attorney and only then share the details of your accident with anyone else.
Don’t Talk to the Motorist’s Insurance Company — It is important that you do not get in touch with the insurance company of the motorist responsible for your injuries. If they get you to sign anything or you admit fault, you might not be able to get fair compensation for your injuries. The insurance company isn’t working for your benefit. They will try to keep the competition amount to the minimum and if you admit fault or sign any piece of paper without first checking with your own attorney, it might make things difficult for you when it comes to securing fair compensation.
Get in Touch with Your Insurance Company — You should always get in touch with your insurance company after an accident. However, it is important that you do not agree to anything or sign anything without first seeking the counsel of an experienced Santa Ana pedestrian accident attorney. Call (800) 900-9393 to schedule a free consultation with an experienced pedestrian accident attorney in Santa Ana.
Seek Professional Legal Assistance — An important thing you always need to remember is that the insurance company representative isn’t your friend. They are not working for you. They are in the business to make money and they will make more money by keeping your payout to the minimum. This is why you should always seek proper legal assistance from an experienced pedestrian accident attorney in Santa Ana before talking to an insurance adjuster.
Here at Crockett Law Group, our experienced attorneys have helped many injury victims win fair compensation for their injuries. We will negotiate with the insurance companies on your behalf and make sure you are able to get the compensation you deserve for your injuries.
How Do You Determine Liability or Fault in a Pedestrian Accident in California?
Merely suffering an injury as a pedestrian isn’t enough to get financial compensation. Certain things need to be proven legally in order to be eligible to get fair compensation for your injuries through the responsible driver’s insurance policy or your own insurance provider. In order to prove the fault of the other party, it must be legally shown that:
Legal Duty of Care — The California Vehicle Code Section 21950 states that a pedestrian has the right of way when crossing a roadway within an unmarked or a marked crosswalk at that intersection. Also, the driver shouldn’t stop within a crosswalk as it is dangerous for the pedestrians. It is the legal duty of the driver to take due care and reduce the speed of their vehicle to ensure pedestrian safety. Simply put, the driver has a legal duty of care to ensure the safety of the pedestrians.
Breach of Legal Duty of Care — It also needs to be proven that the driver breached their legal duty of care and that negligence led to injuries. A driver’s actions will be termed as negligent in case they breach the duty of care towards pedestrians. In simple terms, it means that the actions of the driver led to a dangerous situation which resulted in increased risk for pedestrians.
Cause Of Injuries — It also needs to be proven that the actions of the driver were responsible for your injuries. It is important to prove that carelessness on the part of the other party directly led to your injuries.
Damages — Many pedestrian accidents are minor but they can also be a life-changing incident. Some people suffer lifelong damages when hit by a vehicle. It needs to be proven in the court of law that the accident victim has suffered serious damages such as physical, emotional, mental, or financial as a result of the injuries caused by the accident, and they are eligible for compensation.
The State of California follows the comparative negligence doctrine when it comes to awarding compensation in personal injury cases. As per this rule, the injured person’s compensation is reduced by a percentage which is equivalent to their own share of responsibility in the accident. If it is determined that the pedestrian was 20% responsible for the accident, their total composition would be reduced by 20%.
Why Call A Pedestrian Accident Lawyer?
An experienced pedestrian accident lawyer at the Crockett Law Group will help you with the following:
Preparation of Case — A personal injury case is extremely complex. A lot of evidence needs to be collected in order to prove the negligence of the other party. This evidence includes proper medical records, police reports, security camera footage, witness statements, and many other such things. In some cases, expert help is also required to prove the negligence of the other party.
Negotiations — It is inevitable that the insurance company of the other party will try to get you to accept the lowest possible settlement amount. In fact, insurance companies routinely deny fair claims. With an experienced personal injury attorney by your side, you will get all the assistance needed to get fair compensation for your injuries. Experienced attorneys at Crockett Law Group regularly deal with insurance companies and we know the tactics employed by them to keep their payout to a minimum. We will negotiate with insurance companies to help you secure a settlement that is fair.
Trial Preparation and Representation — While most personal injury cases are settled out of court, there are times when insurance companies don’t agree to a fair compensation amount. In such a situation, we will prepare for the trial and represent you in court. We will make sure that you get fair compensation for your injuries.
Are There Any Time Limits For Filing A Claim?
In such cases in Santa Ana, it is important to file the claim within two years of the accident date. There are certain exceptions to this deadline. Give a call at (800) 900-9393 to know more about the statute of limitations in California.
How Much Will a Pedestrian Accident Lawyer Cost?
Here at Crockett Law Group, we work on a contingency fee basis. It simply means that you do not need to pay anything out of your own pocket. We will review your case and represent you, free of cost. We will take a part of the compensation we win for you, as our fees.
If you have been injured in an accident as a pedestrian, you should immediately seek proper medical attention to make sure you are okay. It is also important that you follow the care instructions provided by your doctor. If your injuries are a result of the negligent actions of the other party, you are entitled to fair compensation for your injuries. However, it needs to be proven in the court of law that the other party was at fault, and you are entitled to proper compensation.
As per the California Code of Civil Procedure section 335.1, an accident victim has up to two years to file a claim otherwise the case may be dismissed due to the statute of limitations.
Insurance companies are not your friend and they are not working for you. They will try everything possible to convince you to accept a low settlement amount even when you are entitled to a much bigger compensation. In certain cases, even the government or city agency responsible for maintaining the roadways might be found liable for the victim’s injuries. In short, pedestrian injury accident cases are complex and it is better to get in touch with an experienced pedestrian accident attorney at Crockett Law Group to know more about your legal rights.
Give us a call at (800) 900-9393 to schedule a free consultation.