How Venardi Zurada Helps Injured Individuals After a San Francisco Pedestrian Accident
Venardi Zurada provides comprehensive legal support, from investigating and collecting key evidence to handling insurance negotiations, to help clients pursue the maximum compensation available. Our firm has extensive experience with pedestrian accident cases. When you choose to partner with us, you secure a team with the following benefits:
- Local to the Bay Area, with an office in Oakland and Walnut Creek
- Decades of legal experience
- Millions recovered for injured Californians
- Founded by attorneys Mark Venardi and Martin Zurada, both respected trial lawyers with backgrounds representing and litigating against Fortune 500 companies
"Highly Recommend"
Highly recommend them! I am very new to legal cases yet I was very thankful for the effective communication and help I got from the team. Speaking Spanish also helped me feel like home, thank you.
Anayely R.
"They were very kind"
I am so grateful for everything that my lawyer, Terry Buller, and paralegal Christina Souza did to settle my personal injury case after I was hit by a car in a crosswalk. They were very kind during a time of great pain and distress. They were so organized and efficient and managed everything with the other party’s insurance, my medical insurance and Medicare – which would have been a nightmare for me to have to deal with after the accident. I am very pleased with the settlement they obtained and would very highly recommend them and the others at Venardi Zurada, LLP.
Daryl G.
"Second-to-None Care and Expertise"
I was fortunate to be referred to Terry by a mutual friend. My dad was hit by a car, and Terry (along with Christina) was able to guide us through the entire process from start to finish. I would definitely highly recommend this company if you ever experience an unfortunate bodily injury accident. Their attention to detail is second to none!
Val G.
"Unmatched Expertise in Accident Cases"
If you’ve been in an accident, call Tanya and the team at VZ. You won’t regret it.
They’re the BEST accident attorneys in the Bay Area, hands down!!!
Mercedes N.
Potentially Liable Parties in a Pedestrian Accident
Under California law, the pedestrian is not at fault in most pedestrian-accident cases. The driver who acted negligently and struck the pedestrian is typically liable. However, depending on the circumstances, other parties may also be responsible, such as construction companies that block sidewalks or third-party drivers who indirectly cause a crash.
Situations Where the Driver Is Liable
Driver conduct that may constitute negligence includes the following:
- Driving distracted, such as texting, talking on the phone, or eating behind the wheel
- Speeding
- Running a red light
- Failing to yield the right-of-way
- Driving fatigued
- Driving under the influence of alcohol or drugs
When the Government Is Liable for a Pedestrian Accident
When an accident occurs due to poorly maintained roads, inadequate signage, or a lack of proper pedestrian crossings, the city or county could be liable. However, claims against government entities may be subject to sovereign immunity and other rules that involve the following:
- Shorter deadlines: You often have less time to file a claim and must provide the government with early notice.
- Limits on compensation: There may be caps on how much you can recover.
- Bars on some claims: Certain actions, like policy decisions, are protected.
- Strict procedures: Claimants must follow certain procedural rules and steps.
- Protection for Government employees: The law shields government workers from personal liability under certain circumstances.
Available Compensation Following a Pedestrian Accident
Injured pedestrians may be entitled to compensation for several types of damages, such as the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Property damage
- Punitive damages in rare cases involving particularly reckless or malicious conduct
Successful Results We've Obtained for Our Pedestrian Accident Clients
Our team has fought hard to secure fair compensation for our clients. The following are just a few of the impressive case results we’ve obtained:
- $6 Million Pedestrian Accident: A homeless man struck by a vehicle while crossing against a red light was offered $50,000 before trial. Venardi Zurada took the case, built a compelling narrative with expert witnesses, and reached a settlement shortly before trial.
- $2.5 Million Pedestrian Accident: A pedestrian was struck at a crosswalk by a young driver unaware of her presence. The crash caused serious injuries, but with diligent representation, we secured a $2.5 million settlement.
- $100,000 Pedestrian Accident: Our client, crossing the street in a crosswalk, was hit by a distracted driver making a turn. The accident led to life-altering injuries, and we successfully obtained the full policy limit settlement of $100,000.
California Laws That Affect a Pedestrian Accident Claim
Specific California laws may affect both liability and the compensation recoverable in a pedestrian accident claim.
The Impact of California’s Pedestrian Right-Of-Way Laws
California’s pedestrian right-of-way laws aim to protect pedestrians from vehicles and to prevent accidents. For instance, under California Vehicle Code § 21950, drivers must yield to pedestrians crossing the roadway within any marked or unmarked crosswalk. Intersections, even those without painted lines, typically establish crosswalks where pedestrians have the right-of-way. Similarly, if a vehicle stops to allow a pedestrian to cross, other drivers cannot pass that vehicle.
However, it is important to note that pedestrians also have responsibilities under the law. For instance, pedestrians cannot suddenly leave a curb or walk into traffic in a way that creates an immediate hazard. In an accident case, the opposing side’s insurer may claim that the pedestrian was not following the law in the moments leading up to the incident. As a result, this could affect a person’s overall compensation.
Understanding California’s Comparative Fault Laws
California follows a pure comparative fault system, meaning multiple parties can share liability for an accident. Under this rule, a pedestrian can still recover compensation even if they were partially at fault, but their recovery is reduced in proportion to their share of the responsibility. In California, an injured pedestrian can recover compensation even if they are more at fault than the other party, as long as they aren’t entirely at fault.
For example, suppose a pedestrian was intoxicated and is found to be 20% at fault. If they have sustained $100,000 in damages, they can recover 20% of that, or $80,000.
How the Statute of Limitations Affects a Pedestrian Accident Claim
The statute of limitations sets a strict deadline to file your claim. In California, under California Code of Civil Procedure § 335.1, you generally have two years to file a personal injury lawsuit, though claims involving government entities may require action within six months. Missing these deadlines can prevent you from recovering compensation entirely.
Get Help From a San Francisco Pedestrian Accident Attorney Today
You are never alone navigating the aftermath of a pedestrian accident. All injured victims have the law on their side, and with a quick call, they could have Vernadi Zurada on their side as well. When you partner with our team, you get personalized, client-first service; you are never just a case number.
There is no fee unless we win and our contingency representation aligns our success with yours. With recognized leaders in Bay Area personal injury law and extensive knowledge of Oakland courts and insurance systems. Schedule a free consultation today by calling us at 833-893-6763.
Our San Francisco Pedestrian Accident Legal Team
Frequently Asked Questions
What Steps Should I Take After a Pedestrian Accident in San Francisco?
After a pedestrian accident in San Francisco, seek immediate medical attention, even if your injuries seem minor. It is also important to report the accident to the authorities, gather contact information from the parties involved and any witnesses, take notes of the circumstances, take photos of the accident scene, and get vehicle and insurance information from any drivers involved. However, avoid discussing fault at the scene. As soon as possible after the accident, consult a pedestrian accident attorney.
Are There Any Upfront Costs to Hire a Lawyer?
In most cases, you do not have to pay any legal fees upfront for a pedestrian accident claim. At Venardi Zurada, our personal injury attorneys work on a contingency fee basis, meaning they only get paid if you recover compensation.
What Happens If I Am Hit While Crossing an Unmarked Crosswalk?
If you have been hit by a car while crossing at an unmarked crosswalk, you may still have the right-of-way under California law. However, fault may be shared depending on the circumstances, which could affect the compensation you can recover.
How Do I Determine the Value of My Pedestrian Accident Claim?
The value of your pedestrian accident claim depends on factors like the strength of the evidence, the applicable insurance coverage, the severity of your injuries, the impacts on your life, and more. Each case is unique, so the amounts of verdicts and settlements vary widely.
Will My Pedestrian Accident Claim Be Settled or Go to Court?
Most pedestrian accident cases do not go to trial and are resolved through settlements. However, if a fair agreement cannot be reached, your case may proceed to court.
