Palm Springs Pedestrian Accident Lawyer

Fighting For Pedestrian Accident Victims in California

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 if 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 Pedestrian 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

What Damages Could Be Recovered in a Pedestrian Accident Claim?

Pedestrian accidents often result in significant physical, emotional, and financial challenges for the victims. Potential damages that can be recovered could include:

• Medical Expenses: Coverage for present and future medical expenses related to the accident, including hospitalization, surgeries, rehabilitation, and ongoing medical care.
• Lost Wages and Earning Capacity: Compensation for the income lost because of the inability to work during recovery and potential long-term impact on earning capacity.
• Pain and Suffering: Damages for physical and emotional distress experienced as a result of the accident, including pain, anxiety, and emotional trauma.
• Property Damage: Reimbursement for the restoration or replacement of personal property damaged in the accident, such as clothing, electronic devices, or other belongings.
• Wrongful Death: If the pedestrian accident results in a tragic loss of life, surviving family members could pursue compensation for funeral costs, loss of financial support, and emotional suffering.

What is the Statute of Limitations for a Pedestrian Accident Claim in California?

Time is of the essence when it comes to filing a pedestrian accident claim in California. The statute of limitations sets a deadline on how long you will have to initiate legal proceedings after an accident. Failure to file within this timeframe may lead to forfeiture of your right to pursue compensation.

California's statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the accident date. Contacting our pedestrian accident lawyer in Palm Springs as soon as possible is crucial to gathering and reviewing evidence, interviewing witnesses, and building a compelling case. Delaying legal action can jeopardize the strength of your claim and limit the available evidence, making it more challenging to establish liability and seek the compensation you deserve.

Contact Our Pedestrian Accident Lawyer in Palm Springs Today

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.