Skip to main content

Sacramento Pedestrian Accident Lawyers

Pedestrian walkways are always near streets and roads where cars move. This can be dangerous both to walkers and motorists. Yet, advocating for a redesign of pedestrian mobility can be quite arduous. We must endure and hope for the best when cars are a few feet away from causing a massive pedestrian accident.

Even then, it's not always foolproof, and pedestrian accidents do happen, sometimes in areas you'd expect common sense to prevail. One thing leads to another, and a pedestrian ends up with serious or even life-threatening injuries. Read on to discover what you would do if you were to encounter such a scenario and how a Sacramento pedestrian accident lawyer can help.

REQUEST A FREE CONSULTATION

Common Injuries Pedestrians Sustain In Accidents

The only certainty about pedestrian accidents is that a car hits a person walking. Many variables in between determine the severity of the injury. These could be factors like the vehicle’s speed and weight, the pedestrian’s body part the car strikes, the surface type on which the accident occurred, and so much more. Apart from these, one sure thing is that the pedestrian sustains injuries, such as:

  • Foot, leg, and knee injuries
  • Joint injuries and torn ligaments
  • Lacerations and broken bones
  • Injuries to the abdomen, chest, and neck
  • Internal organ injuries that may lead to bleeding
  • Concussions and traumatic brain injuries

That said, pedestrian injuries are among the worst suffered in auto accidents. This is because walkers are mostly unprotected or lack any form of barrier between them and the vehicle, which may reduce the severity of the impact.

What Does the Law Say About Pedestrian Accidents?

The most important factor in bringing a pedestrian accident suit to the court is establishing that the other party was negligent, thus causing the accident. This sloppiness could be due to any of the following reasons:

  • Swerving or driving directly onto sidewalks
  • Failing to stop at stop signs or red lights
  • Not yielding to pedestrians on crosswalks
  • Driving under the influence of alcohol or drugs
  • Drowsy or distracted driving

Thus, making a case in court requires proving negligence on the driver’s part. It involves four elements:

  • The driver owed pedestrians and other road users a duty of care
  • The offending driver went ahead to violate that duty of care
  • Violating that duty of care is the direct cause of the injuries you’re suffering from
  • You’ve undergone damages and losses due to your injuries.

All these issues are backed by the landmark case, Jacoby v. Johnson, where judges at multiple levels of the appellate system reiterated that drivers have a duty of care to pedestrians and other road users.

Why Should You Hire a California Pedestrian Accident Lawyer?

Holding the driver at fault for the accident needs more than just your word. A court of law requires proof of the accident, who caused it, the injuries you suffered, and the losses you incurred as a consequence of the accident. A Sacramento pedestrian accident lawyer will do all the hard work of gathering evidence. The aim is to demonstrate laxity on the driver’s part. As such, a qualified and experienced lawyer will look for the following pieces of evidence:

  • Medical bills and records
  • Witness statements
  • Physician’s advice to understand the extent of injuries suffered
  • Calculation of lost wages and opportunities because of injuries
  • Video footage and photographs of the accident scene
  • Communication with the relevant insurers

It is vital to let your lawyer handle any communications with insurers. An insurer’s best interest is to ensure they don’t pay you or pay out as little as possible. They often take advantage of victims who attempt to discuss directly with them. A competent attorney, on the other hand, helps ensure that you get what you’re owed. These damages may include:

  • Current and future medical and rehabilitation expenses
  • The wages you’ll lose during your recovery period
  • Your diminished earning capacity should the injuries bring about a situation where you cannot work at the same level as before the injury.

This compensation is necessary to cover various aspects of your recovery process. Consider hiring a professional pedestrian accident lawyer to avoid falling into the insurer’s trap.

Can the Law Consider You to Be at Fault in California?

As much as it’s possible to prove negligence on the driver’s part, the same is true for the pedestrian in question. The pedestrian may have thrown caution to the wind, thus leading to a series of events culminating in an accident. The acts a pedestrian may have engaged in include crossing where there is no clearly marked crosswalk or intersection, darting in front of a vehicle, or walking on the roadway.

In such circumstances, a court may deem the pedestrian to have breached the duty of care to their own safety. The courts can accordingly assess what’s known as contributory negligence. When used with the doctrine of comparative negligence, a driver can sue for a fraction of the damages awarded to the pedestrian if it is proven the said pedestrian was partly the cause of the accident.

bike accident lawyer

Contact the Experienced Sacramento Pedestrian Accident Lawyers At Kash Legal

If you’ve suffered an auto accident as a pedestrian, then you don’t need to shoulder the burden alone. However, you need a competent Sacramento personal injury lawyer at Kash Legal on your side. We can help you prepare for a legal suit to enable you to ease the burden of your injuries.

Attempting to adjust to a new life as a result of your injuries can be difficult; do not bear the consequences alone. Learn more about how we can help your case by getting in touch with us via (888) 527-4128 or completing our contact form.

REQUEST A FREE CONSULTATION

Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

Justin J.Broken Arrow, OK

OUR BLOG

Gallagher Bassett logoblog
June 13, 2024

Mastering Gallagher Bassett Personal Injury Claims with Kash Legal Group

At Kash Legal Group, we understand the complexities of personal injury claims, especially when dealing with insurance adjusters from companies like Gallagher Bassett. Gallagher Bassett handles many trucking cases, commercial…
C&F logo imageblog
June 13, 2024

How to Handle Insurance Adjusters at Crum & Forster Specialty Insurance for Personal Injury Claims: Expert Tips and Legal Advice

At Kash Legal Group, we understand how challenging it can be to navigate the aftermath of an accident, especially when dealing with insurance adjusters from companies like Crum & Forster…
National Carriers semi-truck fleetblog
June 13, 2024

What to Do After a National Carriers Truck Accident in California

A National Carriers truck accident in California can be a devastating experience, leaving victims with severe injuries, escalating medical expenses, and uncertainty about their future. If you or a loved…

Get Your Free Case Consultation

We will be in touch within 24 hours.

  • This field is for validation purposes and should be left unchanged.

Personal Injury Law Firm Who Cares

attention icon
Personal Attention
respected icon
Respected Lawyers
consultation icon
Risk - Free Consultation
gurantee icon
No Win, No Fee Guarantee
CALL US: 888-527-4128

GET PAID FOR PAIN, LOST WAGES & DAMAGES

NO WIN, NO FEE GUARANTEE