True-False About Pedestrian Accidents in California
With more people taking to the streets on foot for work, exercise, and enjoying the outdoors, it is not surprising that pedestrian accidents are a serious problem in California. However, you might be shocked to learn that the state has the highest pedestrian fatality rate nationwide – at about 25 percent more than the average across all US states. The California Office of Traffic Safety (OTS) reports that almost 900 walkers are killed and another 14,000 are injured every year, and the issue is only getting worse: Pedestrian fatalities rose 26 percent from 2014 to 2018.
If you were hurt in a pedestrian accident, you may be overwhelmed about the laws and how you can recover compensation for your losses. You can trust an Oakland pedestrian accident lawyer to explain your rights and remedies, but a true-false overview might help you understand the basics.
True: Pedestrian accidents are caused by negligence. It is rare that these incidents result from intentional conduct; instead, most traffic collisions occur because a motorist breached the legal duty to drive safely. In a pedestrian accident, negligence may take the form of speeding, failure to yield, improper lane changes, or distracted driving.
False: There is a specialized legal process for pedestrian accident claims. In truth, these cases generally go through the same process as auto crashes. You start by filing a claim with the at-fault driver’s insurance company and attempting to work out a settlement. If you cannot reach an agreement with the insurer, you must file a lawsuit in court.
True: You need solid evidence showing fault. The key to prevailing in a pedestrian accident case is collecting as much proof as possible about the responsible driver’s negligence. At the scene, you should try to obtain:
- Pictures of the intersection or stretch of roadway;
- Images of any traffic signs or signals;
- Information about damage to vehicles; and,
- Contact details from witnesses or bystanders that observed the collision.
False: The claims process is nothing more than filling out forms. The claims process is extremely challenging, since insurers are always looking for reasons to deny payment. You must provide sufficient evidence of fault and your injuries, a task that goes beyond completing insurance forms.
True: There are some limitations on compensation in a pedestrian accident case. Even if you do have essential proof, you should be aware of two laws that can affect your compensation:
- California’s statute of limitations gives you two years to file a lawsuit in court, so you may not recover any monetary damages if you do not comply with the deadline; and,
- If you were partly responsible for causing the pedestrian accident, your compensation may be reduced because of your negligence.
An Oakland Pedestrian Accident Attorney Can Provide Additional Details
While this true-false quiz on the relevant legal concepts may be useful, it is essential to retain experienced legal counsel for assistance with the details as they pertain to your unique situation. To learn how we can help, please contact Venardi Zurada, LLP to speak to a member of our team. We can schedule a no-cost case evaluation with a pedestrian accident lawyer at our offices in Oakland, Orinda, or Redding, CA.
You can be confident in relying on our zealous and effective Oakland personal injury lawyers:
We have served Northern California for over 35 years.
Our attorneys have been honored with numerous accolades, including SuperLawyers, AV Rating, and Top 100 Trial Attorney Awards.
In our decades of legal service to the community, we have garnered a substantial reputation. We are respected by opposing counsel, feared by insurance companies, and followed by jurors.
We combine Big Firm experience with boutique office attention and care. Several of our attorneys have experience working for the biggest law firms in the country, including the most prominent maritime defense law firm. Our attorneys rely on that big-firm know-how but prefer the personal touch of a smaller firm, allowing us to provide individualized and attentive representation to each of our clients.
We’ve been through it, too. Attorney Mark Venardi had to personally deal with a medical malpractice injury he suffered at a time when he was working a blue-collar job on an offshore oil rig; he knows what it’s like to be a working man dealing with a personal injury. He built his way up to working for the biggest maritime defense firm in the country, before deciding to focus on helping people like himself who were hurt by negligence and mistreatment from others.
We like to fight for the underdog. Attorney Martin Zurada is an immigrant and the son of immigrants who tirelessly worked his way up through education and experience to attain the American dream. Even though he has served in large, high-level litigation law firms, he prefers helping clients directly, fighting against injustices, and securing victories for the little guy who has been wronged.
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We offer a wide range of litigation services for Oakland personal injury and employment law clients. Specifically, our areas of dedicated practice span the following issues:
Employment Law. California employers must assure proper pay to employees and comply with a variety of rules and regulations to prevent discrimination and unfair treatment of employees. We represent victims of wage and hour violations, employment discrimination, workplace harassment, retaliation, wrongful termination, and any other form of California workplace mistreatment. If you believe you were treated inappropriately at work, we can help.
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Contact the Oakland injury lawyers at Venardi Zurada today, and let’s get started. We are available to talk any time, so whether you call, email or chat online, we’ll respond and set up an appointment to meet you. We have several Spanish speakers in the office and welcome the opportunity to cater our services to Oakland’s Spanish-speaking population. You pay no fee until we win for you, so you have nothing to lose by contacting our office for a free consultation. The sooner you call, the faster we can start getting results for you. Call 925-937-3900.