Fullerton’s constant rush of traffic is a deadly risk to those who travel the city on foot. A reckless driver can speed towards an intersection without visually checking crosswalks and sidewalks and cause a devastating collision with a defenseless pedestrian.
GK Legal’s Fullerton Pedestrian Accident Lawyers take pride in protecting pedestrians after they’ve been hurt by the carelessness of a motorist. You won’t just be a case number to us. We’ll fully investigate your accident and collect strong evidence so that a car insurance company can’t try to wiggle out of taking full responsibility for your hardships.
We offer a free case consultation to all Fullerton pedestrian crash victims. There’s no obligation for this case review, but if you decide you need our help to earn more for your recovery, you won’t need any money now. We don’t get paid unless we secure an award for you and your family. Then our fee is paid out of the settlement money you receive.
Pedestrian Accident Dangers in Fullerton
Pedestrians making their way across Fullerton can find safe crosswalks few and far between. Walk signs might be on for only a few seconds before leaving those on foot stuck between sidewalks trying to scurry across huge intersections in time.
Fullerton is home to plenty of busy intersections where the safety of pedestrians seems to be last on the list of priorities. These dangerous spots put pedestrians of all ages at risk. One of the busiest intersections in all of Orange County is located near Cal State Fullerton.
- Nutwood Avenue and Commonwealth Avenue. The Daily Titan reported on how Cal State Fullerton students and other pedestrians are constantly in jeopardy as they cross this intersection. It’s been the scene of numerous pedestrian collisions.
- Harbor Boulevard and Chapman Avenue. This is another dangerous crossroads for local pedestrians. Those on foot are asked to cross five lanes of traffic on crosswalks with faded paint as motorists rev their engines.
We must all remember that we become pedestrians anytime we park our cars and walk into a store, a restaurant, a government building, or anywhere else. We can be struck by a driver in a parking lot or in a parking garage to suffer broken bones, traumatic brain injuries, and even life-threatening injuries.
There are many other types of accidents that lead to injury for pedestrians including:
Distracted Drivers: Drivers using their phones or other distractions may fail to notice pedestrians, leading to accidents. Our team investigates driver behavior and gathers evidence from phone records, traffic cameras, and witness statements to establish negligence.
Speeding: Excessive speed reduces reaction time and increases the severity of injuries in pedestrian accidents. Speeding drivers are less likely to stop in time to avoid hitting a pedestrian. We use accident reconstruction experts and speed analysis to demonstrate the driver’s excessive speed as a contributing factor.
Failure to Yield: Drivers who do not yield to pedestrians at crosswalks or intersections cause many accidents. This is especially common at busy intersections and poorly marked crosswalks. Our legal team reviews traffic signal data, road signs, and eyewitness testimonies to prove failure to yield.
Poor Visibility: Accidents often occur at night or in bad weather due to reduced visibility. Drivers must adjust their speed and remain vigilant in low-visibility conditions. We analyze weather reports, lighting conditions, and driver behavior to show negligence related to visibility.
Left-Turn Accidents: These occur when a driver turning left does not see a pedestrian crossing the street. We collect intersection camera footage, eyewitness accounts, and traffic signal information to establish the driver’s responsibility.
Alcohol or Drug Impairment: Impaired drivers have slower reaction times and impaired judgment, significantly increasing the risk of pedestrian accidents. We obtain police reports, breathalyzer results, and witness testimonies to demonstrate impairment.
Jaywalking: While pedestrians should cross streets at designated crosswalks, drivers still have a duty to exercise caution. We investigate whether the driver was speeding, distracted, or otherwise negligent.
Vehicle Malfunctions: Mechanical failures such as brake defects can cause accidents. Our team includes automotive experts to examine the vehicle’s condition and maintenance records to identify any defects.
Road Hazards: Poorly maintained roads, construction sites, and debris can contribute to pedestrian accidents. We gather evidence from municipal records, photos, and expert testimony to prove the road’s hazardous condition.
California Pedestrian Laws and Vehicle Codes
Understanding specific California pedestrian laws and vehicle codes is crucial for establishing liability. Here are California vehicle codes designed to protect pedestrians and also serve as the foundation for legal action that we need to take on your behalf when you’ve become a victim of a pedestrian accident. These California pedestrian laws are also enforceable in Fullerton and its surrounding areas.
California Vehicle Code § 21950: Drivers are required to yield the right of way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. Drivers must exercise all due care and reduce speed to ensure the safety of pedestrians.
California Vehicle Code § 21951: Drivers approaching from the rear must not overtake and pass the vehicle stopped at a marked crosswalk or at any intersection to permit a pedestrian to cross the roadway.
California Vehicle Code § 21952: Requires drivers emerging from an alley, driveway, or building to yield the right of way to pedestrians approaching on any sidewalk extending across the alleyway, building entrance, road, or driveway.
California Vehicle Code § 21456: Governs pedestrian control signals, requiring pedestrians to obey the “Walk” or “Don’t Walk” signs at intersections. Failure to comply can impact the determination of fault in an accident.
California Vehicle Code § 21954: Pedestrians crossing a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles on the roadway. However, this does not absolve drivers from exercising due care for the safety of any pedestrian upon a roadway.
By understanding these laws, pedestrians can better navigate the legal landscape following an accident, and drivers are reminded of their responsibilities to prevent such incidents.
Benefits Available to Fullerton Pedestrian Accident Victims
Your Fullerton pedestrian accident attorney will be collecting evidence and tracking down witnesses to make sure your case isn’t easily dismissed by an unhelpful car insurance company.
The at-fault driver’s insurer could try to make you wait on support while you see more and more hospital and physical therapy bills pile up. Once you are desperate to pay your bills, they can offer you a settlement that doesn’t begin to cover the true cost of your recovery.
Your lawyer helps you identify a “lowball offer” and rejects it to demand the full amount you’ll need to recover physically and financially.
Your lawyer also makes sure every damage you’ve suffered is listed in an insurance claim. Anything left off can end up as an expense you’d have to cover yourself. These and other hardships should all factor into the final amount on an insurance injury settlement check:
- Medical expenses now and the estimates for care anticipated to be needed in the future. That additional care may involve a permanent disability suffered by a victim.
- Support for the physical pain you’ve been made to suffer through, perhaps for many years to come.
- Emotional anguish. Support is provided so you can cope with the anxiety, depression, and PTSD symptoms that often follow an accident and major injury.
- Loss of enjoyment of life. Injuries can rob you of your ability to participate in hobbies, family trips, and other important life activities.
- Wages and benefits forfeited while you can’t perform work duties.
- Travel to and from medical appointments. The costs of visiting out-of-state specialists.
- Wrongful death benefits for the families of Fullerton pedestrian accident victims. Grieving families must earn help with burial costs and in paying remaining medical bills. They should also receive assistance for the guidance and monetary support the deceased will no longer be able to provide in the future.
Can I Receive Pedestrian Accident Injury Benefits If I Wasn’t in a Crosswalk?
In many cases, yes. California drivers owe all pedestrians a special “duty of care”, even if they aren’t crossing the street at a crosswalk.
This means that motorists must monitor the entire roadway for pedestrians at all times. This includes looking out for people on foot, on crutches, and in wheelchairs. Drivers must slow down when they spot a pedestrian in the roadway, no matter the location.
Their speeds should be slow enough to prevent the possibility of a collision with someone on foot no matter what the pedestrian does. This elevated responsibility is due to the very vulnerable nature of the human body in a collision with a car, SUV, or truck. Pedestrians can easily lose their lives in a crash.
A negligent driver can be held financially accountable for a pedestrian strike even when victims are crossing in a place they aren’t supposed to.
Comparative Negligence in Fullerton Pedestrian Accidents
California is also a “pure comparative negligence” state. This is a legal concept that allows for a driver and a pedestrian to share blame in an accident. The pedestrian could be assigned 30% of the blame for crossing a boulevard outside of a crosswalk.
The driver might be stuck with 70% of the liability for not slowing to avoid an impact. In the end, victims could receive recovery compensation, however, their 30% of the blame would be deducted from the final settlement amount.
Steps to Take After a Pedestrian Accident
If you are involved in a pedestrian accident, follow these specific steps to protect your rights:
- Seek Immediate Medical Attention: Prioritize your health by getting checked out by a healthcare professional even if you don’t feel injured. Pedestrian accidents often result in hidden injuries that may not be immediately apparent.
- Report the Accident: Call 911 and ensure a police report is filed. Clearly state that you were a pedestrian hit by a vehicle, which can influence the police’s documentation and investigation.
- Collect Evidence at the Scene: Document the accident scene, if possible. Take photos of skid marks, crosswalks, traffic signals, and your injuries. Note any surveillance cameras nearby that might have captured the accident.
- Get Witness Information: Pedestrian accidents often have bystanders. Gather contact information and statements from witnesses who saw the accident from the sidewalk or nearby areas.
- Preserve Clothing and Personal Items: Keep the clothes and personal items you were wearing during the accident unwashed and unaltered, as they can serve as evidence of the impact.
- Limit Conversations with the Driver: Avoid discussing fault with the driver. Exchange contact and insurance information but refrain from making any statements that could be construed as admitting fault.
- Avoid Speaking to Insurance Adjusters Alone: Insurance adjusters may try to minimize your claim. Speak to an attorney first to ensure your rights are protected and to handle all communications on your behalf.
- Consult a Pedestrian Accident Attorney: Contact us for a free consultation to discuss the specifics of your case. Our experienced pedestrian accident attorneys can guide you through the legal process, helping you understand your rights and secure the compensation you deserve
Frequently Asked Questions
Can I seek pedestrian accident compensation if a hit-and-run driver isn’t identified?
Yes. If a hit-and-run suspect isn’t captured, you would file a claim against your own car insurance provider using the uninsured motorist coverage. If you didn’t have insurance, you may be covered by a family member’s policy.
Can I seek pedestrian accident compensation if I’m struck by an uninsured driver?
Yes. You would need to file an uninsured motorist claim with your car insurance provider. Your own insurer can still try to limit the support you receive. A lawyer helps force them to provide everything needed.
Do I need a lawyer after a Fullerton pedestrian accident?
If you suffer a serious injury like a broken bone or brain trauma, you could need legal protection from insurance adjuster tactics. They can try to unfairly blame you for an accident and claim your injuries aren’t serious.
Contact a Fullerton Pedestrian Accident Lawyer
At GK Legal, we’re fully aware of how a pedestrian accident can change the course of a victim’s life in an instant. Those on foot can suffer broken legs and arms and even suffer a permanent disability. Careless drivers need to be held responsible for every cent of recovery costs for as long as recovery takes.
Contact us as soon as possible to find out how to hold an at-fault driver’s car insurance company responsible for what you’ve been through. Our Fullerton pedestrian accident lawyers offer a free, confidential consultation to all local accident victims. We can handle the stressful parts of an accident claim while giving you the time you need to focus on healing. In the end, you’ll have the compensation you need to recover and get back on your feet.
