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Were You Injured in an Accident While Walking or Crossing the Road?
The first thing you should do before discussing your accident with anyone is to contact us at 800.341.2292.
- No Fee Unless We Win!
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Our team of professional pedestrian injury specialists at Tishbi Law Firm will schedule a free no obligation consultation. We will go over all the details of your accident to determine the best course of action. We can provide you with all the information you need to move forward with your claim. We will ensure you get the highest settlement possible and avoid some of the common mistakes.
Before you sign any documents with an insurance company, it is critical that you understand your rights. Insurance Companies are not on your side. They will do whatever they can to persuade you into signing off on their first offer. They will make no effort to properly assess the physical or psychological damages caused by the accident. Their only concern is to protect the company’s profits.
An insurance claims person will use some of these typical tactics:
- Ask you to fill out complex paperwork to use it against you.
- Force you to be examined by their own medical specialists whose diagnosis usually conflicts with the medical report your doctor gave you.
- Claim your injuries were pre-existing and not linked to the accident.
- Convince you that you are partially or completely liable for the accident.
- Tell you that your injuries are not nearly as serious as you claim.
- Offer you a ridiculously low settlement and pressure you to sign it by saying their next offer may be much lower.
- Most victims are very vulnerable after an Accident. They will use this to encourage you to make statements that can be used against you later to minimize the value of your claim.
If you were injured in a pedestrian accident as a result of a driver’s careless or intentional conduct, you can be compensated for your injuries and other losses, such as wages you could not earn while recovering from your injuries. There are two options after a pedestrian accident: filing a claim with the driver’s insurance company or filing a personal injury lawsuit in civil court.
This is why you need Tishbi Law Firm. We are highly skilled in fighting against insurance companies and protecting your rights. We deal directly with the insurance company to eliminate the pressure and stress they will impose upon you to settle.
Here are Some Common Injuries:
- Traumatic Brain Injuries
- TBI’s are caused when a victim receives a violent blow to the head or body. Some traumatic brain injuries can be minor, while others can have severe medical consequences.
- Spinal Cord Injuries
- A spinal cord injury can also be the result of a sudden traumatic blow to the head or body and this can case fractures to the spine or dislocated vertebrae. The spinal cord transmits signals between the brain and the body, so even minimal damage can have life-changing results.
- Fractures
- Bone fractures are common and although the damage can be repaired, victims can experience lifetime of pain and medical complications that can impact the quality of life.
- Soft tissue injuries
- There are a variety of injuries that can be considered soft tissue injuries; including bruises, lacerations, tears, dislocations, and sprains. Most soft tissue injuries can heal with little medical intervention; however, they can cause significant pain and they can prevent victims from participating in normal everyday activities and for weeks or even months. In addition, they can leave scarring or permanent damage that can have an impact on their emotional well-being.
- Amputations
- If the impact is severe, the victim of a pedestrian accident can have serious lifelong repercussions such as the accidental amputation of limbs and extremities.
- Broken bones
- Broken bones are among the most common injuries sustained by pedestrians who are struck by cars, trucks, or other motorized vehicles. They are often extremely painful and require intensive medical treatment to correct.
- Emotional Trauma
- Not all injuries are physical. Even if a victim escapes permanent physical damage, they may suffer from emotional trauma. Being hit by a vehicle is a traumatic experience and the result can be the inability to cope with the emotional trauma it causes.
- Death
- Pedestrians have a very high risk of death when struck by a vehicle. If you are a surviving family member of the victim, you may be able to file a wrongful death lawsuit.
We are committed to getting you the highest settlement, and you pay nothing until we win your case.
We are committed to getting you the highest settlement, and you pay nothing until we win your case.
Not all pedestrian accidents are caused by motor vehicles. There are other causes that may result in a pedestrian getting knocked to the ground and suffering serious injuries.
Here are some common causes of pedestrian knockdown accident:
- City buses or trucks with large side mirrors that extend over the sidewalk
- Bikers riding on the sidewalk
- Skateboarders on the sidewalk
- Other people distracted by talking or texting on their phones or listening to music
- People walking in groups who refuse to move over on the sidewalk
- Joggers using the sidewalk
- Crowded streets during a parade, fairs or festivals
- Passengers opening car doors without looking
- Dogs not under control by their owners
- Fights and civil disturbances on the street
- Children running and playing around in a store, a restaurant or a public swimming pool
Establishing who was at Fault
It is critical to determine who was at fault and to what degree if you were injured by a vehicle. California has several right-of-way laws that were established to protect pedestrians and these laws help provide proof that the driver is liable for an accident.
California Vehicle Code 21950(a) states:
“The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.”
If you were injured in a pedestrian accident and you are seeking compensation for your injuries, you are required to demonstrate that the driver of the vehicle was negligent.
Here are some examples of driver negligence:
- Driving a vehicle while using a cellphone or other device
- Exceeding the speed limit
- Driving while fatigued
- Reckless driving
- Driving while intoxicated or under the influence of alcohol or drugs
If it is established that the driver and the pedestrian are partly to blame for the accident, this falls under the jurisdiction of comparative negligence in California which allows an insurance company to divide a percentage of the compensation between the victim and the driver. There are situations when a pedestrian can be found to be either partly or solely to blame for an accident, such as when a pedestrian walks directly into traffic without looking or crosses a street or road late at night in the middle of a block while wearing dark clothing.
Gathering Evidence
In any accident between a pedestrian and a vehicle, it is imperative to hire a California pedestrian accident lawyer to help gather evidence and establish who is liable.
At Tishbi Law Firm, we can help you gather witness statements, photographs of the scene, information from other drivers, and in certain cases, video evidence of an accident. We have handled numerous pedestrian accident claims we know that drivers will often try to shift the blame on the pedestrian. Our experienced team will be able to gather the crucial evidence to prove liability.
Compensation
It can be difficult to place an exact value and worth of a pedestrian accident case, which is why it is important to contact Tishbi Law Firm as soon as possible after an accident.
We can evaluate the facts and circumstances surrounding your case and help you recover:
- Past and present medical expenses
- Future medical costs
- Missed time from work
- Lost earnings and wages
- Loss of future earning capacity
- Pain and suffering
- Scarring or disfigurement
- Counseling
- Occupational and physical therapy
All of these factors need to be closely examined to determine the value of any pedestrian case. You must show that the accident caused you to suffer legally recognized harm, typically in the form of bodily injury, financial losses, or damage to your property.
“Loss of consortium” is the loss of the companionship, support, and intimacy between spouses or domestic partners. Damages for a loss of consortium claim allow the victim to recover damages to compensate the spouse or partner for the loss of companionship and intimate relations.
In some cases the state of California allows the injured party to sue for punitive damages. In order to receive punitive damages, the injured pedestrian must demonstrate that the defendant acted with extreme or outrageous conduct. This may include a driver intentionally trying to hit a pedestrian.
Because pedestrian accidents can cause such devastating injuries, filing a personal injury lawsuit is often the only way to get the compensation you deserve.
Who can sue if my child or spouse was killed in a pedestrian accident?
In severe pedestrian accidents, the victim can suffer fatal injuries. If the victim died, the surviving family members may be able to file a wrongful death lawsuit. This allows family members to seek damages that may include burial and funeral expenses, financial earnings the deceased victim would have earned if they had survived and compensation for the loss of companionship and support for the surviving family members.
California only surviving family members can file a wrongful death lawsuit. Here is a list:
- The spouse
- A domestic partner
- Children
- Grandchildren (if the deceased victim’s children are deceased)
- Other parties that would be entitled to the property of the decedent by California intestate succession laws.
Managing Medical Bills After a Pedestrian Accident
Pedestrian accidents usually cause serious injuries that require immediate medical treatment. The cost of medical treatment can be financially devastating, even if you have health insurance. We suggest that you evaluate all of your options for managing your medical expenses after the accident. Even if it is established that the driver who hit you is legally responsible for your expenses, you may need to pay your own medical costs until your insurance claim or personal injury lawsuit is resolved.
Here are some options to manage your medical expenses:
- Insurance Coverage. If you have optional medical payments coverage through your auto insurance policy your medical bills may be covered if you were injured as a pedestrian by a vehicle. The driver’s insurance policy may cover your medical bills, but you should consult with Tishbi Law Firm before accepting any type of settlement from the at-fault driver’s insurance company.
- Health Insurance. Your health insurance coverage will typically cover a portion of your medical treatment; however, you may be required to pay the remainder of your medical expenses.
- Medical Liens. We may be able to help you get medical treatment from doctors and healthcare facilities that will treat you on a “lien” basis. This means that you pay nothing out-of-pocket in exchange for agreeing to pay the doctor or facility back once your case settles.
- Out-of-Pocket. If you pay for your medical treatment and associated expenses out-of-pocket, you will be fully reimbursed for these costs when your personal injury lawsuit or insurance claim is successful.
If you were hit by a vehicle while walking in California, the most important thing to do is to seek immediate medical attention and call 9-1-1 or ask someone to call for you.
Do not assume that you are okay, even if you do not notice any obvious injuries. Even low impact falls can result in head, neck, or back trauma. These injuries should be evaluated by a doctor. You may feel fine right after the accident, however, the next day you may wake up and find that you are unable to get out of bed. Brain and spinal cord injuries can become more severe if you delay being examined by a doctor.
What to do After Getting Hit by a Vehicle While Walking
You should gather as much information as possible, including:
- Get the name and contact information of anyone involved
- If a vehicle was involved, get the driver’s name, driver’s license, insurance information, and license plate of the car
- Gather contact information from any witnesses and if you injured an unable to this, ask the police, paramedic or a witness to help you
- If you have your phone or mobile device and you are able, take photos or video of the accident scene and record the vehicle information. Also take photos of your injuries and if you injured an unable to this, ask the police, paramedic or a witness to help you
- Never admit fault
Some people instinctively apologize after an accident. Unfortunately, the person who caused the accident can sometimes use your words of apology against you. In a pedestrian injury lawsuit, the question of who is “at-fault” is something to be decided by a jury. Don’t admit fault, especially if are not sure who caused the accident.
Call Tishbi Law Firm Immediately for a Free Consultation
We take on the big insurance companies, so you are not forced by their clever lawyers to accept a quick and low compensation. We can often settle out of court, giving you faster access to funds and allowing you to focus on your physical and emotional recovery. We examine past all the details to build a strong highly personal case to guarantee you receive the highest financial compensation and medical care. If you’ve been the victim of a pedestrian accident, call Tishbi Law Firm at 800.341.2292. You are our number one priority!
General Information
Walking is great exercise, it is good for the environment, and it is an awesome way to enjoy the scenic landscape of California. However, walking and jogging can be dangerous, especially in a crowded city environment.
Motor vehicle manufacturers are constantly improving safety features such as seat belts, safer airbags, and crash avoidance systems, but these offer no protection for pedestrians.
According to the Governors Highway Safety Association, nearly 700 pedestrians died in vehicular accidents in California in 2016. Accidents between pedestrians and vehicles result in hundreds of thousands of dollars of damage every year.