San Juan Capistrano Pedestrian Accident Lawyer

Particularly on busy city streets, pedestrians may become the unwitting victims of drivers who are distracted, speeding, disregarding traffic signals, or simply not paying attention. Whatever the case may be, pedestrians who sustain injuries from accidents caused by motor vehicles have the right to hold negligent drivers accountable for the injuries they cause. Medical expenses and lost wages can build up quickly and recovering from serious injuries often takes a significant period of time. If you are in this situation, you may benefit from consulting with a San Juan Capistrano pedestrian accident lawyer. A knowledgeable personal injury lawyer could help you build a comprehensive claim that can help you maintain financial stability while you recover from your injuries.

Common Injuries from Pedestrian Accidents

While occupants of motor vehicles have significant protections against injuries resulting from accidents, such as seatbelts, child car seats, and airbags, pedestrians involved in motor vehicle accidents have no such protection. Pedestrians are a significant disadvantage simply due to the size, speed, and force of a motor vehicle. As a result, pedestrians may suffer extensive injuries in a collision, including the following:

  • Broken bones
  • Spinal cord injuries
  • Internal injuries
  • Lacerations
  • Head injuries

Any of these injuries can require multiple surgeries, hospitalizations, and long periods of rehabilitation. In extreme cases, a pedestrian may even be killed in a motor vehicle accident, especially if the vehicle was a truck or some other large vehicle. When pedestrians are injured due to the negligence of drivers on nearby roadways, they may want to consult a San Juan Capistrano pedestrian accident lawyer. An attorney could help them hold the responsible parties accountable for their actions.

Rights and Duties of Pedestrians

Cal. Veh. Code § 21950 provides that drivers of vehicles shall yield the right-of-way to pedestrians who are crossing streets in marked or unmarked crosswalks at intersections. Drivers also must reduce their speed and exercise all due care for the safety of pedestrians in their immediate vicinity. However, pedestrians also are required to use due care for their own safety by refraining from unnecessarily stopping or delaying traffic while in crosswalks or suddenly leaving a curb by moving into the path of a vehicle. A dedicated pedestrian accident lawyer in San Juan Capistrano could assess the factors surrounding the case and help determine which legal options may be most effective for an injured person’s case.

Negligence and Accident Law

Injured pedestrians have the right to seek compensation from negligent drivers who are responsible for the accidents that led to their injuries. Negligence is failing to exercise the type of care that reasonable individuals would use in the same or similar situation. Some common examples of negligence include driving while under the influence of drugs or alcohol, disregarding traffic signs or signals, speeding, and driving while texting.

In this type of case, individuals would have to show evidence of the driver’s negligence. This can include accident reports, witness statements, traffic citations issued to the driver, evidence of the condition of the roadway at the time of the accident, and photographs of the accident scene.

Speak with a San Juan Capistrano Pedestrian Accident Attorney

There are strict timelines under California law that you must follow in order to bring a successful pedestrian accident claim. An injured pedestrian has two years from the date of the accident to file a claim against those who may be responsible for the accident.

If the potentially responsible party is a public entity, the claim must be filed within six months of the accident. Failure to meet these deadlines can result in an inability to recover any amount of damages related to the claim, which can make contacting a San Juan Capistrano pedestrian accident lawyer a priority.