Survivors of pedestrian accidents often face severe injuries, mounting medical bills, and loss of income. Understanding your legal options is a fundamental step toward recovery in these difficult moments. Seeking guidance from an attorney who understands the opposition’s playbook can make a significant difference in the outcome of your case.
Antaramian Law, APC, has years of experience providing dedicated legal support in personal injury and accident claims for California residents. Attorney Andrew Antaramian brings a unique perspective to personal injury law, having previously defended insurance companies for years. This background gives him an inside look at how insurance providers handle claims and how you can protect your rights in pedestrian accident cases.
A common point of confusion in pedestrian accidents is the concept of right-of-way. While many believe pedestrians always have the right of way, the reality is more nuanced. Both drivers and pedestrians have specific duties and responsibilities to keep the roads safe.
Drivers are generally expected to yield the right of way to pedestrians in marked or unmarked crosswalks. This means they must slow down or stop if a pedestrian is crossing the street. The law requires drivers to exercise due care and remain watchful for people on foot, especially in areas with high pedestrian traffic, such as school zones, residential neighborhoods, and business districts.
However, pedestrians also have obligations. They are expected to use crosswalks whenever available and obey traffic signals. A pedestrian should not suddenly leave a curb and walk or run into the path of a vehicle so close that it presents an immediate hazard. Jaywalking, or crossing the street outside a designated crosswalk, can place a pedestrian at fault, or at least partially at fault, for an accident. Understanding these shared responsibilities is key to determining liability in an accident case.
Pedestrian accidents happen for many reasons, but certain behaviors can significantly increase the risk. Distraction is a leading cause for drivers. This includes texting, talking on the phone, adjusting the radio, or interacting with passengers. A moment of inattention is all it takes for a driver to miss seeing someone crossing the street. However, other common driver-related causes include:
Speeding: Exceeding the speed limit reduces a driver's reaction time and increases the severity of impact.
Failing to yield: Many drivers don't stop at crosswalks due to impatience or not paying attention.
Driving under the influence: Alcohol and drugs impair a driver's judgment, coordination, and ability to operate a vehicle safely.
Making improper turns: Drivers turning left or right may be focused on oncoming traffic and fail to see a pedestrian in the crosswalk.
While drivers are often at fault, pedestrian actions can also contribute to accidents. Distracted walking, such as looking at a phone instead of the road, is a growing problem. Other factors include crossing against a traffic signal, wearing dark clothing at night, and assuming a driver sees you.
The moments following an accident are often chaotic, but the actions you take can protect your health and your legal rights. If you have been involved in a pedestrian accident, it's essential to take the following steps as soon as possible.
Seek medical attention: Your health is the top priority. Call 911 immediately. Even if you feel fine, some injuries may not immediately appear. A medical evaluation creates an official record of injuries sustained in the accident.
Report the accident: Contact the police and file an official report. The police report will contain important details about the incident, including the driver's information, witness statements, and the officer's initial observations.
Gather evidence: If possible, collect as much information as you can at the scene. Take photos and videos of the accident location, your injuries, the vehicle involved, and any relevant traffic signs or signals. Get the driver's name and contact information, and any witnesses' names and contact information.
Avoid discussing fault: Do not admit fault or apologize to the driver. Stick to the facts of what happened when speaking with law enforcement. Anything you say can potentially be used against you later by an insurance company.
Contact an attorney: Before speaking with the driver’s insurance company, it is wise to consult with a personal injury attorney. An attorney can handle communications with the insurer, investigate the accident, and build a strong case to help you get the compensation you need for medical bills, lost wages, and pain and suffering.
California law outlines specific rules for drivers and pedestrians to promote safety. These regulations form the basis for determining fault after an accident.
California Vehicle Code 21950 is a central statute governing pedestrian right-of-way at crosswalks. It states that drivers must yield to a pedestrian crossing a marked crosswalk or an unmarked crosswalk at an intersection. The law clarifies that a driver’s duty is to reduce speed, stop if needed, and do what is necessary to safeguard the pedestrian.
At the same time, the code also imposes responsibility on pedestrians. It prohibits pedestrians from suddenly leaving the curb or another place of safety and darting into the path of an approaching vehicle. This means pedestrians must use reasonable care for their safety and not create an unavoidable danger for drivers.
Another important law is the "comparative negligence" rule. In California, you can still recover damages even if you were partially at fault for the accident. For example, if a court determines that a pedestrian was 20% responsible for the accident (perhaps for being distracted while crossing), their total compensation award would be reduced by that 20%.
An insurance company may try to place as much blame as possible on the pedestrian to reduce its payout, which is why having legal representation is so important. An attorney can help gather evidence to show the driver was primarily responsible.
Antaramian Law, APC, is experienced in representing clients in personal injury and accident claims in California and fighting for justice and compensation. Whether gathering evidence, negotiating with insurance companies, or building a strong case, the firm always strives to protect clients' rights.
Understanding comparative negligence laws and overcoming tactics used to minimize payouts are critical to the services they provide. The firm serves clients across California, including Los Angeles, Riverside, San Bernardino, Orange, Ventura, and Kern Counties. Call now to schedule a consultation.
Survivors of pedestrian accidents often face severe injuries, mounting medical bills, and loss of income. Understanding your legal options is a fundamental step toward recovery in these difficult moments. Seeking guidance from an attorney who understands the opposition’s playbook can make a significant difference in the outcome of your case.
After an accident, it's common to feel disoriented and unsure of what to do. Dealing with injuries, medical bills, and property damage can be a heavy burden, and it's during this period that most will likely hear from an insurance adjuster. If you've been involved in an accident and are pursuing a personal injury claim, understanding the role of this individual is fundamental to protecting your rights.
When a serious accident occurs, physical injuries are often the most visible and immediate concern. However, the emotional and psychological impact can be just as debilitating, leaving lasting scars long after the physical wounds have healed. If you're facing emotional distress following an injury, understanding your rights is the first step toward recovery.
