Tustin Pedestrian Accident Lawyer

If you were injured in any type of pedestrian accident, you can find help with your case. A Tustin pedestrian accident lawyer can work with you to help you recover the financial compensation you are owed for your injuries. Speak with a skilled personal injury attorney today and know that you are in capable hands.

Pedestrian Accident Laws in Tustin

The California Department of Public Health study of pedestrian accidents issued in 2017 reported that more than 13,000 pedestrians were injured in traffic accidents in a one-year period. Pedestrian accidents have become an epidemic in California, and when another party’s negligence causes their injuries, pedestrians are owed compensation for their injuries.

In a pedestrian accident with a car, truck, SUV, or bus, the pedestrian is usually not at-fault for the incident. Any pedestrian accident falls under the California law of negligence. The driver of a vehicle is usually at-fault for injuring a pedestrian if the following conditions are met:

  • The driver of the vehicle owed a duty to the pedestrian to operate their vehicle in a safe and reasonable manner
  • The driver of the vehicle failed to operate their vehicle in a safe and reasonable manner
  • The failure to operate their vehicle safely caused the accident that injured a pedestrian
  • The accident that injured the pedestrian caused the injuries claimed

If these four conditions are met, the driver of the vehicle is responsible for the accident and may owe the pedestrian full compensation for their injuries. California Civil Code §1714.

When the Pedestrian is Partially At-Fault

In some cases, the pedestrian is blamed for causing the accident. Sometimes the pedestrian is alleged to have crossed a road outside a crosswalk, stepped into traffic without looking, committed some other act that contributed to the accident. California law states that even if the pedestrian is partially at-fault for the accident, they can still recover financial compensation for their injuries. However, that amount may be reduced proportionally to their degree of fault.

The legal terms for this situation are comparative negligence and contributory negligence. These laws rely heavily on the specific facts of the case and are won or lost based on the evidence gathered and preserved at the time of the accident and the arguments of a lawyer on behalf of the injured pedestrian.

The best way to determine whether a pedestrian can recover compensation in cases where they may be partially at fault is to consult a capable Tustin pedestrian accident attorney to discuss the facts of the case. California Jury Instruction 405 (Civil) 2017.

Injuries from Collisions Involving Pedestrians

In pedestrian accidents, injuries can be severe and life-changing. The impact of a 4,000 pound car traveling at speed against an unprotected pedestrian often cause fractures, internal injuries, head trauma, paralysis, and death.

When a pedestrian is injured in an accident, the party that caused the accident is generally liable for all medical bills, all lost earnings, future medical expenses, and a substantial amount for the pain and suffering the victim experienced from their injuries. If the pedestrian dies as a result of the actions of the other party, surviving family members can bring a wrongful death claim.

A successful wrongful death claim can recover financial compensation for all the categories of damages noted above, in addition to the loss of future earnings and the loss of companionship and affection of the pedestrian who was killed. A capable Tustin pedestran accident lawyer could help an individual file a claim.

Consulting a Tustin Pedestrian Accident Attorney

If you or a loved one was injured in a pedestrian accident that was caused by the negligence or recklessness of another, you have options. The law allows you to recover compensation for any proximate injuries. To learn more about your options, contact a Tustin pedestrian accident lawyer.