After a pedestrian accident, the trajectory of your life can change drastically. The extent of your injuries will determine the challenges ahead, which could include a prolonged and costly rehabilitation process.
However, if someone else caused the accident, a pedestrian accident lawyer in San Francisco can help you recover compensation for your damages and losses.
At Omega Law Group Accident & Injury Attorneys, founded in 2016, you’re our top priority. Think of us as your legal family, here to support you and your loved ones every step of the way. Call our San Francisco personal injury lawyers today for a free consultation. We’re here to help.
Common Causes of Pedestrian Accidents in San Francisco
San Francisco’s crowded streets, constant tourism, and high volume of motor vehicle traffic create an environment where pedestrian accidents are unfortunately common.
From busy downtown intersections to residential neighborhoods and transit corridors, accident victims are often struck when drivers fail to follow traffic laws or prioritize pedestrian safety. The following are some of the most frequent causes of pedestrian injuries in the area:
- Distracted driving: Drivers texting, using navigation apps, or otherwise losing focus often fail to see pedestrians in crosswalks, leading to serious pedestrian injuries.
- Driving under the influence: Alcohol or drug impairment reduces reaction time and judgment, increasing the risk of collisions that can cause traumatic brain injuries, spinal cord injuries, and more.
- Failure to yield at crosswalks: Violations of the California Vehicle Code and pedestrian laws, especially at busy downtown intersections, frequently result in head injuries and other serious personal injuries.
- Speeding in congested areas: Excessive speed near tourist zones, schools, and transit hubs limits a driver’s ability to stop for pedestrians, contributing to internal injuries and internal organ damage.
- Running stop signs and red lights: Ignoring traffic laws at stop signs and signals is a common factor in severe pedestrian accidents involving significant medical expenses and medical bills.
- Poor visibility and road design: Fog, steep hills, and tight turns can obstruct sightlines, increasing the risk of soft tissue injuries and other long-term harm to pedestrians.
Possible Damages for Injured Pedestrians
Unlike occupants of vehicles, pedestrians have little to shield them from the impact and may suffer severe injuries. Additionally, pedestrians are at risk of being thrown or dragged by the vehicle, further increasing the likelihood of serious injury.
Our pedestrian lawyers in San Francisco know how much pedestrian accident injuries can affect your finances. We’ll carefully review your medical records to determine all the costs you’ve had and those you’ll continue to have. Sometimes, we even work with specialists to predict your future expenses.
As an injured pedestrian, you could receive the following damages:
- Medical expenses
- The cost of future medical care
- Property damage
- Lost wages
- Lost earning potential
- Out-of-pocket expenses
- Loss of consortium
- Pain and suffering
- Emotional distress
How much you get depends on the details of your pedestrian case. Generally, the more severe your injuries, the more money you can get. Our pedestrian accident lawyers in San Francisco will gather all the proof needed to show exactly what you’ve lost.
Don’t Trust the Insurance Company
Claims adjusters might seem friendly at first, but their main goal is to save money, not to take care of you. They will try to offer you less than what you really need to cover all your expenses.
Knowing that you are in a vulnerable state and in need of financial assistance, they will not hesitate to take advantage of your situation. Be cautious and seek advice from a pedestrian accident attorney in San Francisco.
Our team is familiar with insurance company strategies and knows how to present your claim convincingly. Still, if they refuse to make a reasonable offer, we will take your claim to court. Our focused attorneys are prepared to present your case before a judge and jury.
California Pedestrian Accident Laws
California pedestrian laws are primarily governed by the California Vehicle Code, which outlines the rights and responsibilities of both drivers and pedestrians. Under these traffic laws, drivers must yield to pedestrians in marked and unmarked crosswalks and exercise due care to avoid collisions.
Pedestrians also have duties, such as obeying traffic signals and not suddenly leaving a curb when it is unsafe. In personal injury law, accident victims generally have the right to pursue compensation for medical expenses, medical bills, lost income, and pain and suffering.
In fatal cases, surviving family members may seek wrongful death damages. California’s statute of limitations typically gives injured pedestrians two years from the date of the accident to file a personal injury claim, making timely legal advice from an injury lawyer essential.
Liability and Negligence in Pedestrian Accident Claims
Liability in a pedestrian accident is usually based on negligence, meaning one party failed to act with reasonable care. A driver may be negligent for speeding, running stop signs, violating the California Vehicle Code, engaging in distracted driving, or driving under the influence.
In some cases, insurance companies may also evaluate whether a pedestrian contributed to the accident by ignoring pedestrian laws or traffic signals. Establishing fault is critical for recovering compensation for personal injury, including treatment for head injuries, spinal cord injuries, internal injuries, and more.
Injury lawyers work to gather evidence, analyze traffic laws, and prove how a negligent motor vehicle operator caused harm, ensuring accident victims have a strong claim for full financial recovery.
California’s Pure Comparative Negligence System
According to California’s pure comparative negligence law, even if you bear some responsibility for a pedestrian accident, you can still pursue compensation. However, the amount you receive will be adjusted based on your percentage of fault.
For instance, if you are found to be 90% responsible for an accident with damages amounting to $100,000, you could receive $10,000 (10% of the total damages). This system ensures a fair distribution of accountability and that injured individuals can still obtain compensation even if they share fault.
Seek guidance from a San Francisco pedestrian accident attorney who can explain how California’s pure comparative negligence system affects your case.
Your San Francisco pedestrian injury lawyer will review the specifics of your situation and advocate for your rights throughout the legal proceedings.
Taking Legal Action After a Fatal Pedestrian Accident
A San Francisco wrongful death lawyer at Omega Law Group will provide the emotional support you need to face this tragic loss. We will seek justice for your loved one and hold the responsible parties accountable for their actions.
The surviving family members of a deceased victim could recover wrongful death damages. While no amount of money can ever replace the loss of a loved one, these damages can provide some financial relief during an incredibly difficult time.
File a Lawsuit Within California’s Statute of Limitations
The statute of limitations sets the deadline for suing someone after a pedestrian accident. In California, the time limit for most personal injury cases, including pedestrian accidents, is two years from the date of the accident.
Likewise, wrongful death claims typically need to be submitted within two years. Parties who could bring forth a lawsuit are the surviving family members, individuals who inherited from the deceased, or those who relied on the deceased victim for financial support.
If you fail to file your lawsuit within this timeframe, you may lose your right to seek compensation for your injuries. Consult a knowledgeable San Francisco pedestrian accident attorney to ensure you meet all the necessary deadlines and preserve your legal options.
Get a Free Consultation With Our San Francisco Pedestrian Accident Attorneys
Surviving a pedestrian accident can have a major impact on your life. At Omega Law Group, we will help you get the financial help you need to get better. Our pedestrian accident lawyers in San Francisco, CA, will listen to your story and devise a plan that fits your goals.
Plus, we operate on a contingency fee basis, which means you only pay us if we win your case. That way, you can focus on healing without worrying about the cost.
Our goal is to provide you with quality legal help without adding any extra stress. Contact us for a free consultation, then visit our FAQ page to learn more.