Huntington Beach Pedestrian Accident Lawyers

Pedestrians are just as entitled to use California roads as other users according to state traffic regulations, but people on foot are extremely vulnerable compared to the massive, speeding vehicles surrounding them. The California Highway Patrol (CHP) reports that almost 1,000 people are killed and another 14,600 victims are injured in pedestrian accidents annually. You can expect that it is the person walking who will sustain severe, life-threatening bodily harm, along with substantial financial and emotional losses.

While you may realize you have remedies if you were hurt or lost a loved one, you may not know where to begin with the legal process. You can trust our team at El Dabe Ritter Trial Lawyers to take on all essential tasks to ensure you receive fair compensation after a pedestrian accident. We have in-depth knowledge of the laws and decades of combined experience representing victims in all types of personal injury cases.

Please contact our firm today to set up a complimentary consultation. Our Huntington Beach pedestrian accident attorneys can offer personalized advice, though an overview of the laws is helpful.

Liability in Pedestrian Accident Cases

Like many other traffic crashes, accidents involving people on foot are usually the result of negligence by drivers. The term means more than mere carelessness, so you are required to prove certain facts to obtain monetary damages. You need evidence showing that the at-fault motorist failed to exercise reasonable care while driving, and this breach of duty was the direct cause of the pedestrian accident.

For instance, a driver may be negligent by:

• Speeding;
• Failure to yield to pedestrians in a crosswalk or intersection where they have right of way;
• Drunk and drugged driving;
• Running red lights and stop signs; and,
• Texting, talking on the phone, posting to social media, and other illegal phone use.

However, keep in mind that California traffic laws apply to all road users, including walkers. As such, a person on foot can cause or contribute to a pedestrian accident. Examples are crossing against the light, jaywalking, and failure to use the sidewalk when present.

Plus, though there are no laws against cell phone use while on foot, the casualties related to “distracted walking” are significant.

Steps in a Pedestrian Accident Lawsuit

California auto insurance laws require motorists to carry minimums for bodily injury coverage, so you will initially be dealing with an insurer. Though many pedestrian accident claims settle, insurance companies put their financial interests first. You might receive a denial or lowball counteroffer to settle.

The next step is going to court to get the compensation you are entitled to by law. The pedestrian accident attorneys at El Dabe Ritter Trial Lawyers are prepared to handle all essential tasks through every stage of the legal process. We will:

• Collect evidence regarding negligence by the at-fault motorist;
• Review your medical records;
• Prepare all claims forms and submit them with supporting documentation;
• Attempt to negotiate a fair settlement with the insurance company; and,
• File a lawsuit in court if the insurer refuses to pay reasonable compensation.

Our Huntington Beach pedestrian accident lawyers will also take care of all aspects of litigation, including court appearances, motions, discovery, and depositions. If your case goes to trial, we will aggressively advocate on your behalf to ensure you receive proper monetary damages.

What to Expect in a Pedestrian Accident Lawsuit

There are a few points to note regarding your rights and remedies:

• In a successful claim, you may be able to recover for such economic damages as medical costs, lost wages, and out-of-pocket costs to treat your injuries. It is also possible to obtain noneconomic damages for pain and suffering, emotional anguish, scarring and disfigurement, and other losses that affect your quality of life. 
• California’s statute of limitations for personal injury cases is two years, and it does apply to pedestrian collisions. If you do not file a lawsuit before the deadline expires, you are barred from recovering compensation.
• The state follows the rule of contributory negligence, which focuses on misconduct by the injured victim. Your monetary damages may be reduced if you were careless and did not exercise reasonable care.

Contact Our Huntington Beach Pedestrian Accident Attorneys

This summary of the relevant concepts is useful, but retaining skilled representation is critical if you were hurt or lost a loved one in a pedestrian collision. To learn more about your rights and the legal process, please contact El Dabe Ritter Trial Lawyers today. Visit our website to set up a no-cost consultation with a Huntington Beach pedestrian accident lawyer or give us a call at (714) 536-9366.