Oakland Pedestrian Accident Lawyer
When walking in and around Oakland, California, the last thing you would expect is to be hit by a careless or reckless driver. A motorist who crashes into an individual on foot due to careless or negligent behavior may be held liable for the resulting damages. This may be accomplished through a personal injury claim against the at-fault party and their insurance company. Finding the best pedestrian accident attorney in Oakland, California, is crucial when it comes to obtaining maximum compensation for your losses.
If you were hit by a vehicle while walking or jogging in Alameda County, California, our legal team from AutoAccident.com can help you seek full financial recovery. Call our Oakland pedestrian accident attorneys for free, friendly advice on your potential case at (510) 631-0200 or (800) 404-5400.
Get the full financial recovery you deserve after a vehicle versus pedestrian accident in Oakland, California, by working with our legal team from AutoAccident.com. Since 1982, our personal injury law firm has focused on providing excellent legal representation throughout the Golden State. The sooner you reach out to us, the sooner our injury attorneys can help. Contact our law office today to schedule a free consultation with one of our pedestrian accident lawyers serving Oakland, CA.National Statistics on Car Versus Pedestrian Accidents
According to 2020 data from the California Office of Traffic Safety (OTS), the City of Oakland reported 255 pedestrians injured and killed in traffic accidents. Following are national statistics on vehicle versus pedestrian crashes for the 2020 year:
- Over 7,000 pedestrians were killed in roadway accidents involving motor vehicles, according to the Centers for Disease Control and Prevention (CDC).
- Pedestrians accounted for 17 percent of all fatalities in traffic accidents in comparison to 13 percent in 2010, according to the Governors Highway Safety Association (GHSA).
- In California, approximately 986 pedestrians suffered fatal injuries in crashes, accounting for a fatality rate of 2.50 per 100,000 population, according to the National Highway Traffic Safety Administration (NHTSA) – Fatality Analysis Reporting System (FARS).
The dynamics of a vehicle versus pedestrian accident may result in traumatic injuries for those involved. That is because a pedestrian is vulnerable on a crosswalk, sidewalk, or street since they have no physical protection against a motor vehicle in a crash. Common pedestrian injuries include:
- Broken bones
- Internal trauma
- Spinal cord injuries
- Traumatic brain injuries
- Upper and lower extremity injuries
Many of these injuries from pedestrian accidents may prove life-threatening if immediate medical attention is not sought. Therefore, it is essential to seek prompt medical care if involved in a traffic crash as a pedestrian.Where Do Most Car Versus Pedestrian Collisions Occur?
According to national pedestrian accident data by the Centers for Disease Control and Prevention, fatalities from these crashes tend to occur at night, away from intersections where motor vehicle speeds are often higher, and in urban areas. Other locations where vehicle versus pedestrian collisions may happen include:
- Crosswalks: There are numerous state laws in place that define the relationship between motor vehicles and pedestrians on public roads and who has the right-of-way in specific situations. Motorist negligence may lead to a pedestrian accident at a crosswalk, like DUI, speeding, or texting and driving.
- Parking Lots or Garages: Motorists pulling into or reversing out of stalls in parking lots or garages may sometimes fail to check their surroundings. This may ultimately end up in their vehicle backing over or crashing into unsuspecting pedestrians. Even if a vehicle is going at a slower speed in a parking garage or lot, a pedestrian may suffer severe injuries.
- Residential Areas: In California, motorists are expected to exercise a greater duty of care when driving in areas where children are likely to be present. This may include residential areas, parks, playgrounds, and school zones. When a driver fails in this duty, they may be held liable for a minor child’s injuries and damages in a pedestrian accident.
Suppose you are struck by a vehicle while walking in Oakland, California. In that case, you may be eligible to seek reimbursement for economic and non-economic damages in a bodily injury claim. To protect your right to maximum compensation, hire an experienced Oakland pedestrian accident lawyer immediately.How an Attorney Can Help with an Oakland Pedestrian Accident Case
If you were struck by a vehicle while on foot, it is essential to discuss your case with an Oakland pedestrian accident attorney. A lawyer will help you understand your rights and options for financial recovery. An injury attorney can help you navigate the claims process, negotiate with insurers, and ensure that you receive nothing less than what you deserve for your damages. Other ways your attorney can help you with your pedestrian injury case include:
- Investigate the Incident and Negligent Parties: Your personal injury attorney will conduct a thorough investigation into the incident and collect any available evidence. Factors such as skidmarks in the road, defective crosswalk signals, poorly designed intersections, foliage blocking traffic signs, and lack of posted road signage may serve as evidence in a pedestrian injury case.
- Identify All Sources of Financial Recovery: Before filing a bodily injury claim for a pedestrian accident, all at-fault parties and sources of financial recovery must be identified. If the negligent driver has limited to no liability insurance, an attorney will look into if their client’s uninsured and underinsured motorist coverage may come into play in their case.
- Locate a Hit-and-Run Driver: Unfortunately, hit-and-run accidents involving pedestrians are not uncommon in the City of Oakland. If local law enforcement is unsuccessful in tracking down a hit-and-run driver, your next option is to retain legal counsel. Make sure your attorney has the resources to work with a private investigator to locate the suspect party.
- Negotiate with Insurers and Defense Counsel: Having an attorney on your side gives you an advantage during settlement negotiations with insurance carriers and defense counsel. Your injury lawyer will know the best way to build the strongest case possible to seek maximum compensation in insurance settlement negotiations.
- Case Filing: Your Oakland-based pedestrian accident lawyer will ensure that your case meets all applicable requirements and deadlines to avoid a delay in your claim. Your attorney will also work to make sure that your case is filed within California’s two-year statute of limitations on personal injury matters or other deadlines applicable to your matter.
- Take the Case to Court: An insurance company may not always agree on a mutual settlement agreement in favor of the client for a personal injury case. If this occurs, your attorney will take the case to civil court in Alameda County. Look for trial experience when selecting the best pedestrian accident lawyer in Oakland, CA.
Our legal team from AutoAccident.com is prepared to handle all aspects of your case. No matter where you are in the personal injury claims process, one of our lawyers will step in, build a strong case, and seek the full financial recovery you deserve. Since 1982, we have gone up against insurers and obtained successful results in verdicts and settlements on behalf of clients. Learn more about our services by watching this video.Oakland Pedestrian Accident FAQ
Oaklanders may have many questions about their rights and options for recovery after a car versus pedestrian accident. At our personal injury law firm, we understand the challenges you may be facing. That is why we compiled answers to some frequently asked questions on pedestrian injury cases in California.
What if I was partially at fault for a pedestrian accident?
California follows the comparative fault rule. This means that you may seek compensation for a crash even if you were partly at fault for the incident. For example, if a pedestrian was found 20 percent at fault for an accident and was awarded $100,000 in damages, they would be entitled to 80 percent of that total award. Since insurers may use comparative fault to limit their liability, it is essential to protect your rights by retaining legal counsel.
Who pays for damages in a hit-and-run pedestrian crash?
In California, a driver who causes a vehicle versus pedestrian collision is generally liable for the resulting losses. If the motorist fled the scene and Oakland PD or the CHP is unable to locate them, an injured pedestrian may seek reimbursement for losses through their uninsured motorist coverage. If the injured party does not have UM coverage but lives with a relative who does, they may file a claim so long as the policyholder did not exclude them from the plan.Contact a Pedestrian Accident Attorney Serving Oakland, California
If you or a loved one has been injured while walking, contact our Oakland pedestrian injury lawyers for a free consultation at (510) 631-0200 or (800) 404-5400. Our legal team is available anytime to review your case and provide free, friendly advice. We operate on contingency which means that our clients only pay for legal representation if we secure a successful result through a verdict or settlement on their behalf.
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