Palm Springs Pedestrian Accident Lawyer

Twenty Years of Experience at Your Disposal

Car accidents that involve pedestrians can be absolutely devastating. If you were a pedestrian involved in an accident caused by negligent driving, we may be able to help you obtain the compensation you are due for the months of pain and agony you have experienced. Given the time and emotional energy required of you during the recovery process, we are motivated to manage your case without placing any additional stress on you.

Do Pedestrians Always Have the Right of Way?

The concept that pedestrians always have the right of way is so prevalent that many people assume the driver is automatically at fault, however, California is a comparative negligence state, meaning that both the pedestrian and the driver can be held partially or completely responsible they are proven to have acted without caution.

Our Courts have given a jury instruction to correct this notion that the pedestrian somehow has to be just as cautious as the driver:

“While it is the duty of both the driver of a motor vehicle and a pedestrian, using a public roadway, to exercise ordinary care, that duty does not require necessarily the same amount of caution from each. The driver of a motor vehicle, when ordinarily careful, will be alertly conscious of the fact that he is in charge of a machine capable of projecting into serious consequences any negligence of his own. Thus his caution must be adequate to that responsibility as related to all the surrounding circumstances. A pedestrian, on the other hand, has only his own physical body to manage and with which to set in motion a cause of injury. While, usually, that fact limits his capacity to cause injury, as compared with a vehicle driver, still, in exercising ordinary care, he, too, will be alertly conscious of the mechanical power acting, or that may act, on the public roadway, and of the possible, serious consequences from any conflict between himself and such forces. And the caution required of him is measured by the possibilities of injury apparent to him in the conditions at hand, or that would be apparent to a person of ordinary prudence in the same position.” (Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 75−76, 81 [265 P.2d 513] [proposed jury instruction correctly stated the law].)”

With this powerful and commonsense jury instruction, my clients have had great success. Remember, just because somebody tells you that you are bound to lose, Call me, Chris Vader, and with some hard work we are likely to convince the wrongdoer and their insurer that you simply must watch for pedestrians. However, even if you are shown to be partially at fault for the accident, you may still be eligible to receive some compensation. At Christopher C. Vader PC, we may be able to help you navigate the very subjective comparative negligence laws of California.

Common Causes of Accidents

Factors that increase the likelihood of car accidents are:

• Pedestrians failing to cross the street at an intersection
• Darkness
• Congestion in urban areas
• Times of day and areas in which drinking is more prevalent
• The youth or old age of drivers and pedestrians
• Cell phone usage

We are Prepared to Fight for You

As a pedestrian who was involved in a car wreck, we understand that you have already suffered through months of pain, doctors, and rehabilitation. Our Palm Springs pedestrian accident lawyer is prepared to aggressively fight for your rights. We may be able to get you compensation for your pain and suffering, including but not limited to your medical costs and lost wages. Christopher is here to meet your needs, whether in negotiating a fair settlement or engaging in fierce litigation on your behalf.