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Stockton Pedestrian Accident Lawyer


Stockton residents are hit and severely injured while walking, jogging, standing near the road, and crossing intersections every day. A pedestrian is susceptible to suffering a catastrophic injury or even death due to their lack of physical protection against a motor vehicle in a traffic collision. Drivers are required by California law to watch for people on the road and exercise due care to avoid crashing into them. The unfortunate reality is that some drivers fail to look out for people walking on the road and cause serious crashes.

If you were hurt while walking in the Stockton area, our personal injury attorneys can help you recover compensation for your injuries and damages incurred. Call today at (209) 227-1931 or (800) 404-5400 for free, friendly advice from one of our lawyers regarding your pedestrian accident case.

The attorneys at our personal injury law firm believe that if drivers fail to operate a vehicle safely and cause harm to pedestrians, they should be held financially accountable for the trauma and losses they cause. Our firm's founder, attorney Ed Smith, has handled pedestrian injury cases since 1982. If you have been injured or lost a loved one in a car vs. pedestrian accident, contact us today to schedule a free consultation.

National Statistics on Motor Vehicle Collisions Involving Pedestrians

According to a new report by the Governors Highway Safety Association (GHSA), 6,227 pedestrians were killed in a car-related accident in 2018. That's a 4% increase since 2017 and the highest death rate since 1990.

California Laws on Pedestrian Safety

Under California law, a driver must yield the right of way to a pedestrian who is in a crosswalk or is traversing an intersection in a non-marked walkway. This is by California Vehicle Code 21950(a)

In other words, most motor vehicle accidents involving pedestrians in such locations result from driver error. When a driver is cited for CVC 21950(a), they may be held liable for resulting losses. Contact an experienced injury attorney for more details.

What are the Main Causes of Most Pedestrian Injuries and Fatalities?

Motor vehicle accidents involving pedestrians may occur for a wide array of reasons. Following is many of the common reasons for pedestrian accidents:

  • Distracted Driving: Some drivers may not provide the road their full attention. This may be due to applying makeup, eating, drinking, adjusting the radio, texting, or talking on a cell phone. In each situation, these activities may affect a driver's ability to react in time if a person is crossing the street.
  • Driving Under the Influence: In the United States, drinking and driving has been an ongoing issue for decades. Despite the dangers of DUI being well-publicized, many motorists still put others on the road in danger when they consume alcohol and drive. When a car versus pedestrian collision involves an intoxicated driver, it often results in serious injury or even wrongful death. A personal injury lawyer who is experienced in handling these types of cases will know the best way to proceed in holding at-fault parties liable for resulting losses and punitive damages.
  • Hit-and-Run Drivers: Motorists who flee the scene of a pedestrian crash often do so because of lack of bodily injury coverage or drunk driving.
  • Parking Lots: Pedestrians and cars are sharing the same area, drivers backing out of parking spots, and parked vehicles obstructing visibility in parking lots. Motorists are expected to exercise due care in parking areas and garages. When they fail to do so, the best pedestrian accident lawyer in Stockton may hold them financially accountable for damages incurred.
  • Speeding: People are often hit by speeding drivers while crossing a street or alongside a road. When motorists drive above the posted speed limit in pedestrian zones, they do not have enough time to slow down for those in crosswalks or veer off the roadway if they are traveling too fast. Whatever the reason, motorists should be held responsible when they speed and cause car-pedestrian crashes.
What are the Common Types of Pedestrian Collision Injuries?

A pedestrian who has been hurt in a collision with a motor vehicle faces the possibility of many types of accident-related injuries. In most crashes, the head, legs, and arms of a pedestrian are severely impacted. Some of the most common types of injuries from getting hit by a car include: 

Types of Compensation in a Personal Injury Claim

An experienced personal injury attorney will determine all potentially negligent parties in your case and sources of recovery. You may be entitled to compensation through a bodily injury claim filed against the insurance company representing the at-fault party. Some of the types of economic and non-economic damages recoverable include:

  • Medical expenses
  • Costs of future medical treatment
  • Lost wages
  • Loss of future earnings
  • Mental anguish
  • Lost enjoyment of life
  • Scarring and disfigurement
  • Loss of consortium
  • Pain and suffering

If the at-fault party has little to no bodily injury liability coverage to pay for damages incurred, an uninsured/underinsured motorist (UM/UIM) claim may be filed under such circumstances. Discuss what it means to file a UM or UIM claim with a top-rated pedestrian accident injury lawyer in Stockton today.

What is the Statute of Limitations on Pedestrian Injury Cases?

Personal injury lawsuits for pedestrian crashes are subject to a strict filing deadline known as the statute of limitations. In California, a claimant has two years from the date of the incident to file a lawsuit in civil court. Refer to the California Code of Civil Procedure Section 335.1. for additional information on the two-year statute of limitations on pedestrian injury claims.

Do You Need a Personal Injury Lawyer for a Pedestrian Accident?

Bodily injury claims for pedestrian crashes can be challenging. When you hire the best pedestrian accident lawyer in Stockton to represent you and your best interests, your injury attorney will handle all details of your case from start to finish. This generally includes:

  • Conducting an independent investigation of the pedestrian collision
  • Identifying all negligent parties and sources of personal injury recovery
  • Reviewing the traffic incident report for any errors or inconclusive details regarding fault
  • Interviewing eyewitnesses
  • Hiring private investigators if a hit-and-run driver is involved
  • Gathering, preserving, and presenting accident-related evidence
  • Negotiating with auto insurance companies
  • Retaining expert witnesses to provide testimony
  • Filing a personal injury lawsuit
  • Taking the case to civil court in San Joaquin County, if necessary

Watch the video below for tips on how to select the best personal injury lawyer for your pedestrian crash case.

Call a Stockton Pedestrian Accident Attorney Today

If you have been injured as a pedestrian, you may have many questions regarding your right to personal injury compensation. Speak with one of the Stockton pedestrian accident injury attorneys at our law firm today to get answers. We handle personal injury cases on a contingency fee basis, meaning you owe no legal fees unless we win your case.

Our legal team has the experience, skills, and resources it takes to handle all types of pedestrian injury cases. To schedule a free case evaluation, do not hesitate to contact us today. Our legal team is available anytime to review the details of your case and discuss how we can help you and your family through this difficult time.

Editor's Note: This page has been updated for accuracy and relevancy. [cha 5.7.21]

Image Source: By "Pexels" via Pixabay

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Client Reviews
"Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!" Alex & Dinah M.
"Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation." Beverly
"Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything." Annie T.
"Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime." Jeremy M.
"I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone." Shannon D.
"Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury." David M.