Pedestrian Accidents Archives - The Beliz Law Firm

What Happens If You Were a Pedestrian Jaywalking and Hit by a Vehicle in California?

Feb 3, 2023 | By Michael Beliz | Read Time: 3 minutes

If you were hit as a pedestrian that’s jaywalking, is it your fault? Unfortunately, California leads the nation in pedestrian accident deaths. If you hit a pedestrian jaywalking or you are a pedestrian who was hit while jaywalking, read on to learn more about how personal injury compensation is calculated in California and what to do immediately following an accident. What Is Jaywalking? Jaywalking occurs when a pedestrian crosses the street outside a designated crosswalk where a traffic signal device or police officers control an adjacent intersection. When a crosswalk is controlled, that means there are signals in operation, and those signals indicate to pedestrians when they may cross the street. What Happens If You Hit a Jaywalker in California? If a pedestrian is hit while jaywalking, who is at fault? Not all pedestrian accidents are entirely the driver’s fault. Before January 1, 2023, jaywalking used to carry a fine of up to $196. Although jaywalking safely usually did not result in a ticket, Vehicle Code 21955 still applied to pedestrians in both residential and non-residential areas. It may have been clearer at that time whether a jaywalker could be deemed at fault for a pedestrian accident, even if they were injured in the accident. A new law in California provides that jaywalking is only illegal if there is an immediate chance of a motor vehicle or bicycle collision. If a pedestrian is hit by a car, they likely can file a lawsuit against the driver for their injuries. However, even if the pedestrian was legally jaywalking, they might still be partially at fault for the accident. In California, a person whose own negligence contributed to an accident can still recover some damages from the other at-fault parties. This is called pure comparative negligence. But, their percentage of fault will proportionally reduce their compensatory award. For example, if an injured jaywalker has $10,000 in damages and is found to be 30% at fault for the accident, they can recover $7,000. What Can An Injured Jaywalker Recover? California law permits an injured pedestrian to recover compensatory damages in the form of economic and noneconomic damages. Economic damages represent direct financial losses related to a pedestrian’s injuries. Common examples include the following: Receipts, invoices, pay stubs, and other documentation can provide proof of your economic damages. Keep a record of all the expenses and losses related to your injury to provide to your attorney. Noneconomic damages represent subjective losses, usually stemming from the psychological and emotional consequences of an injury. Examples include: Due to their subjective nature, noneconomic damages are challenging to quantify and prove without the assistance of a qualified personal injury attorney. What Should I Do If I Were a Pedestrian Jaywalking and Hit by a Vehicle? If you were a pedestrian hit by a vehicle driver, you can take several steps to protect your rights until you’ve had an opportunity to speak to a qualified personal injury attorney. Don’t Say Anything Don’t claim you’re okay or state that the accident was your fault. Anything you say to the driver, witnesses, the police, or the insurance companies can potentially be used against you. State only facts related to the accident, such as your name and contact information. Call 911 Call 911 and request emergency medical assistance immediately. Even if all involved parties appear fine, certain injuries may not be detectable to anyone but a medical professional. Due to the size and speed of a vehicle, pedestrians may incur serious injuries so seek immediate medical attention. Gather Information Be sure to exchange information with all involved parties at the accident scene. Get the names, contact information, and insurance information for all parties involved in the accident to provide to your attorney. Also, be sure to ask the witnesses for their contact information. While a police officer should collect this information if one reports to the scene, getting it for your own records is always worthwhile. Document the Scene Document the scene as thoroughly as you can. Documentation includes photographing or taking video of all vehicles, the surrounding areas, your injuries, damage to the vehicle, and any other relevant evidence. Speak to an Attorney Contact an attorney as soon as possible, even before you speak to your insurance company. Insurance companies are not always on your side, and your attorney works to ensure they don’t take advantage of you. Contact Us If you were involved in a pedestrian accident, you might feel overwhelmed and anxious about your next steps. The Beliz Law Firm is here to guide you through the process and provide you with the understanding and support you need. At the Beliz Law Firm, each case is important to us, and we promise to treat you with respect. We aren’t afraid to handle challenging negotiations or take your case to trial. Contact our office today for a free case review.

Pedestrian Accidents

I Was Hit by a Car in the Crosswalk. Now What?

Jun 19, 2022 | By Michael Beliz | Read Time: 3 minutes

As a pedestrian, you should feel safe crossing the street while walking in the crosswalk. Drivers must wait for a pedestrian to finish crossing before they continue driving. However, some drivers do not pay attention and strike a pedestrian who is lawfully crossing the street. If you were hit by a car in the crosswalk, you have legal rights in California. Contact the Long Beach car accident lawyers at the Beliz Law Firm today to learn more. What Should You Do Following a Pedestrian-Car Accident Immediately following an accident, the steps you take are essential and can impact your injury claim for compensation. Try to remain calm, so you remember everything you need to do. Contact the Police Start by contacting the police if no one else already has. It’s important to let the 911 dispatcher know a driver struck you as a pedestrian in the crosswalk. You want medical personnel to respond and assess your injuries. Be very cautious about what you say at the scene of the accident. The driver might take something you say out of context, and the insurance adjuster might use these statements against you in a liability investigation. Exchange Contact Information Hopefully, the driver of the vehicle did not flee the scene. You will need to exchange contact information and get their insurance information. Did anyone else witness the accident? If so, you will need to obtain contact information for each witness. Don’t assume that the witnesses will still be there when the police arrive. Someone may not be able to wait, so get their information before they have a chance to drive away. Take Photos If you are physically able, you can also try to take photos of the accident scene. Include pictures of the driver’s vehicle and any debris on the ground. Are there skid marks before the crosswalk? Is it raining? Be sure to capture this information as well. If you can get photos of your injuries, that’s also helpful evidence. Seek Medical Treatment If you do not require transport to the emergency room following the accident, be sure to visit a doctor as soon as possible. Insurance adjusters will use any delay in treatment to their advantage. They could allege you were not seriously injured or that another event after the accident caused your pain. Contact an Attorney Pursuing a pedestrian accident claim is complicated, and you will need an advocate on your side who can help you navigate the legal challenges. Anything you say to the insurance company can be used against you, so it’s best to get an attorney right away. Let them talk to the insurance adjuster for you so you don’t accidentally say something you regret later. Determining Liability in a Pedestrian Accident The driver’s insurance company will be looking for any option possible to place some liability onto you—thereby lessening their exposure. California follows the legal theory of negligence known as pure comparative negligence. With pure comparative negligence, you could be partially responsible for the accident and still collect compensation for your injuries. However, your percentage of liability would reduce your overall award or settlement. For instance, if a court found you to be 20% at fault and your total damages were $100,000, you would likely end up getting $80,000 in compensation. Who Pays for Your Injuries? Determining who pays for your injuries and damages depends on who is legally responsible. Potentially liable defendants include: The driver of the vehicle, The vehicle owner if different than the driver, A company if the driver was in a company-owned vehicle, or A government agency if the person was driving a city or county vehicle. The driver might allege a vehicle defect contributed to the accident, such as brake failure. If there is a verifiable defect, an additional defendant could be an auto manufacturer or mechanic. Hire Our Lawyer Working with an attorney after a pedestrian accident is crucial. It is best to have a legal advocate on your side who will protect your rights after being hit by a car in the crosswalk. Your lawyer will help you determine all liable parties and handle communication and settlement negotiations with the defendants and their legal representatives. Getting the maximum compensation for your injuries requires strong evidence and an understanding of insurance company tactics aimed at lowering your recovery. At the Beliz Law Firm, we know every trick the insurance companies will try to use to avoid paying you the money you deserve—and we know how to hold their feet to the fire until they make a reasonable offer. Don’t risk getting less money than you should receive. Contact the Beliz Law Firm today to schedule an initial consultation. Let us help you hold the liable parties responsible for the harm they caused you.

Car Accidents

Can a Pedestrian Ever Be at Fault for a Car Accident in California?

Feb 28, 2022 | By Michael Beliz | Read Time: 4 minutes

Many people think that accidents involving pedestrians mean that the driver is always at fault. However, that is not always the case. Understandably, prospective clients want to know, Can a pedestrian be at fault? Liability differs in every case, and yes, a pedestrian can be at fault in a car accident. You often hear the saying that “pedestrians have the right of way,” but that isn’t necessarily always the case. Drivers and pedestrians have a duty to act as a prudent person with reasonable care. Failure to do so could result in potential negligence against a pedestrian in an accident claim. If you sustained injuries in an accident caused by a negligent party, speak with an experienced California pedestrian injury lawyer at the Beliz Law Firm. Pedestrian Accidents in California Pedestrians have the right-of-way at marked and unmarked crosswalks in California. When a pedestrian fails to comply with the crosswalk or pedestrian laws, the driver may have the right-of-way. The law doesn’t protect pedestrians when they violate the law, such as jaywalking between vehicles. That means pedestrians can be legally at fault for causing a crash. An example would be a pedestrian who darts out between two parked cars in front of a vehicle, causing the driver to crash into the parked cars. In this case, the pedestrian might be liable for the damage to those parked vehicles. Other examples of situations where pedestrians might be liable in an accident include: Crossing at a crosswalk, but violating a traffic law such as crossing on a red light when it says don’t walk; Walking on a bridge or highway where pedestrian traffic is prohibited; or Acting recklessly, negligently, or while under the influence of alcohol or drugs. While pedestrian traffic is prohibited in places such as a highway or freeway, it doesn’t mean a driver can hit someone and have no fault. A motorist may break down and walk to a call box or get off the highway to get assistance. Drivers still have a duty to be cautious and avoid striking them. Shared Fault for Pedestrian Accidents Pedestrian accident liability is sometimes split between the driver and pedestrian, where both parties are deemed to be partially responsible for the accident. California is a pure comparative negligence state. That means you can collect a portion of your damages in an accident, even if you are primarily at fault for the collision. Even in cases where it might appear a pedestrian is clearly at fault, it’s possible the driver will still have some liability. For example, maybe a pedestrian jaywalked, but the driver was distracted and speeding or under the influence of alcohol. The defendant’s insurance company will do their best to put some if not all the liability on you, whether you’re the driver or pedestrian. Even if they can prove only 10% or 20% liability, it means they can reduce their exposure and potential payout. For example, if a jury finds you 15% at fault, you would collect 85% of your damages. It also means the other party would be able to pursue 15% of their damages from your insurance. How a California Pedestrian Injury Attorney Can Assist You If you sustained injuries in a pedestrian accident, retaining a skilled California pedestrian injury lawyer is essential. You need a legal advocate on your side who can protect your rights and help you fight for the maximum compensation in your case. When you retain the Beliz Law Firm to represent you, we will immediately open an independent investigation. Our team will order your medical records and police report, speak with witnesses, and do a scene investigation. In some cases, we may need to hire an expert, such as an accident reconstructionist. This expert will review the facts of the accident. They will prepare a report deciding whom they believe to be at fault for the collision. They can also testify on your behalf should your case eventually go to trial. An accident reconstructionist’s report can be a crucial part of your case. We will also handle all communication and settlement talks with the other party’s insurance or legal practitioners. Insurance companies rely on the fact that you don’t do this for a living. Adjusters will rarely ever offer you the total value of your claim. Instead, they will do their best to minimize your payout and put the majority of the blame on you when investigating pedestrian accident liability. Should the other party’s insurance fail to negotiate or refuse to accept any liability, we will file a lawsuit on your behalf. Contact a California Pedestrian Attorney Today If you or someone you love sustained injuries in a California auto accident with a pedestrian, contact The Beliz Law Firm. We have nearly two decades of experience assisting injured victims just like you. We understand the applicable laws and tactics insurance companies use to avoid paying damages. Our firm has the skills and resources available should you choose to proceed with preparing a case for trial. Contact us today to schedule an initial consultation. We will review your case, help you identify the liable party, and assess what your case is worth. Let us determine the best course of legal action and help you fight for the compensation you deserve.

Car Accidents

What are the Laws in California Regarding a Pedestrian Hit by a Car?

Oct 23, 2018 | By Michael Beliz | Read Time: 3 minutes

It’s dangerous out there being a pedestrian. Not only do you have to worry about California’s crumbling sidewalks, but distracted and aggressive motorists show very little respect for pedestrians. According to one source, pedestrian deaths account for 22% of all traffic fatalities, so it important that pedestrians protect themselves. At the Beliz Law Firm, we receive a common question: “I got hit by a car while crossing the street. What are my rights?” In this post, we will explain how the law protects pedestrians in California and what to do after a collision. Hitting a Pedestrian in a Crosswalk All motorists must operate their vehicles with sufficient care. This does not mean that they must be perfect, but they must use due care so as not to injure anyone—including pedestrians. When drivers fail to be sufficiently careful, they are negligent and legally responsible for the injuries they cause. Examples of negligence include: Failing to stop Running a red light Trying to scoot around a pedestrian Distracted driving, such as texting or talking on the phone while driving Backing up without checking in the rearview mirror California Vehicle Code § 21950 confirms that both pedestrians and motorists owe each other a duty of care. The code specifically states that motorists who are approaching a pedestrian in any marked or unmarked crosswalk must slow down their vehicle and take any other action necessary to avoid hitting a pedestrian. However, the Code also says that pedestrians must not rush in front of a vehicle so that they create a hazard. Pedestrians also cannot delay traffic while in the crosswalk. If a driver fails to operate their vehicle carefully, and they injure a pedestrian, then the pedestrian can sue the driver for compensation. However, if the pedestrian did not exercise care, they might not have a lawsuit. Use Common Sense Pedestrians and motorists can protect everyone’s safety by using common sense and not being in a rush to get somewhere. Simply wait for vehicles or pedestrians to get through the crosswalk before heading across. The California Driver Handbook implores pedestrians and motorists to exhibit courtesy to each other, which will reduce the chances of an accident. Of course, some accidents are unavoidable, and pedestrians should do everything possible to protect their right to compensation. For example, you should do the following after getting struck: Contact emergency services to have an ambulance come out. Take pictures of anything, such as damage to the car that hit you, or the area where you landed. If you are in extreme pain, ask someone else to take these pictures with their camera. Contact the police to come out to the accident and write up a police report. These reports will contain important information. Identify any witnesses to the collision. Get their names and contact information. Promptly seek medical attention. The more information you find, the greater your case for compensation. If you are too injured to collect anything, then ask for help or have your lawyer look for this information as soon as possible. Contact Us Today If you are a pedestrian hit by a car, laws in California protect you. These laws allow injured pedestrians to hold negligent drivers accountable when they negligently injure other people. At the Beliz Law Firm, we meet with many people who have suffered devastating injuries in pedestrian crashes, such as traumatic brain injuries, spinal cord injuries, broken bones, and permanent nerve damage. We know how stressful it is to be in pain and possibly unable to work. To speak with an attorney, please reach out to us today. One of our pedestrian accident lawyers can meet with you to discuss your case. Avoid delay. California law gives injured pedestrians a short amount of time to request compensation after a crash.

Car Accidents

Common Injuries Faced by Pedestrians After a Car Accident

Jun 8, 2018 | By Michael Beliz | Read Time: 2 minutes

When a pedestrian is hit by a car, they very seldom have the advantage. The car is larger and it’s moving faster. Even a car moving at the relatively slow speed of 10 mph can do serious irreversible damage to a defenseless pedestrian. While the pedestrian has a duty to obey traffic signals and traffic laws, so does the car. Furthermore, the car has a duty to attempt to avoid the pedestrian. That is the case even when the pedestrian is jaywalking or committing some other violation. In that event, the illegal actions of the pedestrian do not negate either the illegal actions of the driver nor their duty to avoid the pedestrian. Even pedestrians who are partially at fault for an accident can collect a major settlement or jury award. The reason for that is due to the fact that pedestrians suffer extensive injuries in collisions with cars. Some of those injuries can change a person’s life forever. Traumatic Brain Injury The term “traumatic brain injury” is generic enough to encompass a wide array of head injuries that vary in severity. But more often than not pedestrians will suffer from concussions at the very least. In very bad scenarios they can suffer permanent brain damage that compromises their ability to do their jobs, maintain employment, or experience a full range of emotions. Damage to certain parts of the brain can be fatal. In addition, the brain can suffer damage from swelling or bleed internally. Spine and Neck Injuries Depending on how a pedestrian is hit, the chances that they suffer serious damage to their spine or neck are not negligible. From these, permanent paralysis can result. This can force major changes to a person’s line of work. If they depended on their ability to stand in order to do their job, then they will need to find a new line of work. Not only would they be entitled to collect on their loss of income, but they could also collect on training necessary to enter a new field of employment. In the most severe cases, the paralysis is lifelong and leaves the injured party without the use of either their arms or legs. These individuals require 24-hour care. They are entitled to collect damages to pay for that care. Bone and Organ Damage Depending on the size of the vehicle that hits a pedestrian, extensive damage to various parts of the body can occur. Even smaller vehicles can cause serious damage to the arms, legs, and the “core”, like the ribs. This, in turn, can lead to potentially fatal internal bleeding or severe organ damage. In every case, the pedestrian may likely need multiple surgeries and an extensive period of rehabilitation. This can keep them out of work for an extended period of time while medical expenses and other bills pile up. Contact a Pedestrian Accident Attorney Today If you’ve suffered injuries in a pedestrian-car accident, you are entitled to collect damages. Call the personal injury attorneys at Beliz Law Firm at (562) 452-3772 or contact us online and we can begin building your case right away.

Pedestrian Accidents

Common Reasons Why Pedestrian Accidents Happen in California

May 30, 2018 | By Michael Beliz | Read Time: 4 minutes

Walking might be a healthy alternative to driving, but walking is also risky. Pedestrians, unlike motorists, are completely unprotected in a collision, which dramatically increases their chances of death or serious bodily injury. Furthermore, many hazards exist for the unwary pedestrian, who can slip or trip and injure themselves on public or private property. If you have suffered an injury, you should contact a Long Beach pedestrian accident lawyer to begin building your case for compensation. Car Accidents By far, the biggest danger to pedestrians is a motor vehicle. Drivers strike pedestrians all the time. According to the National Highway Traffic Safety Administration (NHTSA), 4,735 pedestrians were killed in 2013 and another 66,000 were injured in traffic crashes. According to the Los Angeles Times, California is a leader in pedestrian deaths, with about 700 in 2014. Although the number of deaths has not increased with population growth, it also has not fallen, either. Drivers do not intend to collide with pedestrians. Nevertheless, they tend to collide for the following reasons: Driving under the influence. Drugs and alcohol suppress reflexes and make it difficult for drivers to process information. Unfortunately, driving while impaired continues to be a serious problem in California. Statistics show that alcohol or drugs play a role in about 1 out of 7 pedestrian accidents. Poor visibility. Rain, fog, and smoke can make it difficult for drivers to see pedestrians. Also, pedestrians are less visible in the dark than during the day. Unfortunately, many pedestrians do not wear reflective clothing, so drivers never see them. Distracted driving. There are endless distractions nowadays. Drivers can easily get distracted by reading or sending a text message or talking on the phone. Other distractions include conversations with people in the car, adjusting controls, and eating or drinking. All it takes is a split second for a driver to take their eyes off the road and they can quickly come upon a pedestrian. Driving too fast. The faster a vehicle travels, the less time it has to stop. Indeed, even hitting the brakes will not stop a vehicle in time to avoid a collision if it is traveling too fast. For this reason, driving too fast is a leading cause of crashes. Small children. Young children crossing a road might be invisible to drivers because of their size. Unfortunately, young children are also the most vulnerable to devastating injuries when struck by a moving vehicle. We also cannot avoid mentioning that pedestrian carelessness can contribute to accidents as well. Pedestrians are expected to follow traffic safety rules and cross at the crosswalk. Unfortunately, too many pedestrians make errors that end up putting them in harm’s way, such as jaywalking or trying to run in front of vehicles. Furthermore, distracted walking is a disturbing emerging trend. Just as drivers become distracted by phones and other electronic equipment, pedestrians with their nose pressed against their smartphone do not hear cars or see them approaching. Distracted walkers can, unfortunately, contribute to their own deaths or bodily injuries. Trips and Falls Pedestrians can also suffer serious injuries by tripping and falling. Few people watch carefully where they are stepping, instead of assuming that the parking lot or sidewalk will be level and free of holes or other hazards. However, as pedestrians soon find out, they can easily slip or trip and suffer a head or other injury after falling. In California, pedestrians can trip or slip over the following: Uneven steps in a staircase; Uneven and cracked sidewalks; Liquid gathered on a walking surface; Gathered rainwater in the parking lot or outside the entrance to a store The key to receiving compensation will be to show that the premises owner did not manage their property with reasonable care by fixing hazards or warning people about them. If you tripped on a public space, such as a road or sidewalk, you can sue the state or one of its municipalities, but you will need a Long Beach pedestrian accident lawyer help you meet the strict requirements. Apportioning Fault California law recognizes that both pedestrians and drivers can be responsible for a collision. In some states, any negligence on the part of the pedestrian will keep him or her from bringing a lawsuit for financial compensation. Fortunately, California has changed its approach to the law and does not bar an injured victim from receiving damages. Instead, California has adopted a pure comparative negligence scheme which allows an injured victim to receive compensation so long as someone else is at least 1% responsible for the crash. Therefore a party is responsible for compensation up to the level of his or her negligence. Comparative negligence applies in all cases, including trip and falls. If a person had tripped over a hole in a parking lot because she was reading a text message, then a jury might believe she is partly responsible for the accident because she was distracted. Speak with a Pedestrian Accident Lawyer in Long Beach Injured pedestrians face a future of mounting medical bills and potential lost wages, in addition to pain and suffering. At the Beliz Law Firm, we have met with many injured pedestrians looking for hope that they can begin to repair their lives. Fortunately, we have obtained favorable settlements or verdicts for many of our clients, and we are offering our services to help you. To schedule your free consultation, please reach out today. Do not delay.

Pedestrian Accidents

I Was Hit By a Car While Walking, Now What?

Nov 30, 2017 | By Michael Beliz | Read Time: 3 minutes

A pedestrian accident can leave you in critical condition. Since a pedestrian lacks protection from a vehicle, this type of accident can result in a severe injury like fractures to the extremities, a disability, and even death. As an injured pedestrian accident victim, you can seek monetary compensation for your damages if the driver was at fault for the accident. Just like you would do if you had been hit while driving your own car, remain calm and gather as much evidence as you can in the moments following the accident. No matter what, always put your health and safety first. But be aware that a pedestrian accident lawyer may be able to help significantly. If you Need Emergency Medical Care, Call 911 The sheer force of a one-ton vehicle versus a 150-pound person can cause a tremendous amount of serious injuries in the person. Therefore it is not unusual after a pedestrian accident for emergency medical providers to arrive at the scene. If the injuries are severe, you may be taken by ambulance to the local emergency room. However, even if an ambulance was not called to the scene, you still may want to seek medical attention afterward. It is not unusual for pains to your body to come along hours or even days after a collision. Prompt medical care can mean the difference between an easy recovery and a difficult one, or even life and death. File an Accident Report with the Police Call local law enforcement and have an officer sent to the scene. Once he or she arrives, fill out a police report that details your information, what happened, when it happened, and any other relevant details like speeds and distances. This report will be an important piece of evidence to support your claim. Get the Information of the Car Driver Take down the driver’s contact and insurance information. If you file a personal injury claim, you will file it with his or her insurance provider. At this point, also take photographs of the collision scene and your injuries. These, too, will support your claim. If there are witnesses to the accident, take down their contact information as well. If the Driver Did Not Stop, Try to Remember All the Details you Can About It When a car keeps driving after hitting a pedestrian or another vehicle, the victim may be able to file a hit and run claim. If you can locate the driver, you can file a claim with his or her insurance provider. In your police report, note the vehicle’s make, model, color, and license plate number. The more details you can provide, the easier it will be for the officer handling the report to help you locate the driver. Due to the quickness of the collision and your injuries, you may not be able to make out the vehicle’s details. You may still seek compensation for your damages through a hit and run claim with your own uninsured motorist coverage. Work with an Experienced Long Beach Car Accident Lawyer If you were walking on a sidewalk, on a street, or in a crosswalk and hit by a vehicle, contact an experienced car accident lawyer to discuss your options for pursuing monetary compensation for your damages. This compensation could come from a personal injury claim with the driver or a claim using your uninsured motorist coverage. Contact The Beliz Law Firm today to schedule your free case evaluation in our office. Call us at 562-452-3772 to speak with Michael today.

Pedestrian Accidents

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