Thousands of pedestrians die or suffer injuries every year after being hit by drunk, distracted, and reckless drivers. The physical and psychological effects of such an event can be crippling, and the cost of medical care and lost income can add up quickly. Our Temecula pedestrian accident attorneys are dedicated to helping victims and their surviving loved ones pursue the compensation they deserve.
We have won more than $300,000,000 for clients throughout California. Our lawyers have extensive experience handling pedestrian accident cases, and they can make sure the insurance company treats you fairly. Set up a free case assessment today by calling 1-800-GO-HARRIS.
Types of Pedestrian Accident Claims We Handle:
- Pedestrian accidents involving drunk drivers
- Pedestrian accidents involving distracted drivers
- Pedestrian accidents involving drivers who were speeding
- Pedestrian accidents involving commercial trucks
- Pedestrian accidents involving scooters
- Pedestrian accident claims against government entities
- Pedestrian accident cases involving jaywalking
- Pedestrian accidents in parking lots
- Pedestrian accidents involving children
- Pedestrian accidents resulting in brain trauma or spinal cord injury
- Wrongful death pedestrian accident claims
Can I Recover Compensation If I Was Jaywalking?
Maybe. Whether or not your pedestrian accident claim has merit depends on whether the opposing party breached the duty of care owed to you.
Drivers have a duty to obey all traffic laws. In the state of California, that means yielding the right-of-way to pedestrians who are crossing at a marked crosswalk or within an unmarked crosswalk at an intersection. Drivers are also required to reduce their speed when approaching a pedestrian who is crossing in one of those areas. And if a driver wants to turn right after stopping at a red light, he or she must yield the right-of-way to a pedestrian who is lawfully within an adjacent crosswalk.
Pedestrians also owe a duty of care to drivers. They breach this duty when they enter a roadway outside of a marked crosswalk or an unmarked crosswalk at an intersection so near to a vehicle as to constitute an imminent hazard. However, if a pedestrian enters a roadway outside of a crosswalk, this doesn’t relieve the driver from exercising due care. As such, if you were hit while jaywalking, you may still be able to recover compensation for your damages if certain criteria are met.
Specifically, the driver might be liable for at least a portion of your damages if he or she was:
- Traveling over the speed limit;
- Driving under the influence of drugs or alcohol; or
- Using a cellphone or was otherwise distracted.
If you were jaywalking or if the driver who hit you has denied fault for some other reason, it’s important that you call a lawyer right away. Our Temecula pedestrian accident attorneys have the knowledge and experience to overcome liability disputes in these cases. With an in-depth understanding of the relevant case law and statutes, our lawyers can enforce your rights and help you pursue the highest compensation possible.
Under some circumstances, both the driver and the pedestrian share fault. This might be the case, for example, if you entered the roadway outside of a crosswalk and were hit by a driver who was distracted. Our attorneys can conduct a thorough investigation to compile evidence of the driver’s negligence.
Such evidence may include:
- The driver’s cellphone records;
- The police report;
- Surveillance footage;
- Pictures of the accident scene;
- Witness testimony;
- Black box data—if you were hit by a commercial vehicle; and
- Expert witness testimony.
Does Uninsured/Underinsured Motorist Coverage Apply to Pedestrian Accidents?
Yes. If you or a family member carries uninsured/underinsured (UM/UIM) coverage and you were hit by a negligent driver, you might be able to recover compensation from your UM/UIM policy. Your Temecula pedestrian accident lawyer might pursue this option if the at-fault driver lacked auto insurance or didn’t have enough coverage to pay for all your damages.
Generally speaking, a UM/UIM policy might pay benefits if:
- You are the named insured on the UM/UIM policy or one of your family members who lives in the same household is the named insured; and
- The motorist who hit you was liable for the accident; and
- The motorist who hit you either had no insurance coverage or didn’t have sufficient coverage limits to pay for all your damages.
To recover compensation from a UM/UIM policy, you must first use up all the insurance coverage of the at-fault driver. If the driver has no insurance or the coverage limits are insufficient, you can pursue compensation for the remaining damages from the applicable UM/UIM policy.
Discuss Your Situation with a Pedestrian Accident Attorney in Temecula
The statutes and case law pertaining to pedestrian accident claims in California are complex. The best way to protect your legal rights and to avoid costly mistakes is to seek counsel from a skilled and highly experienced attorney.
At Harris Personal Injury Lawyers, we offer free, no-obligation consultations to accident victims and their surviving family members. To speak with an attorney on our team, call 1-800-GO-HARRIS or send us a message online.
Price indication: Free Consultations & No Fees
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