San Rafael Pedestrian Accident Lawyers
If you were hit by a car in California, life as you knew it just changed.
You now have expensive medical bills, and you’re in a lot of pain. Since you can’t work because of your injuries, you might even be struggling to make ends meet.
At Kuvara Law Firm, our experienced San Rafael pedestrian accident lawyers understand the impact an accident like this can have on your life. We’re here to help you recover.
With over 50 years of experience serving San Rafael and the Bay Area, our attorneys have recovered millions in compensation for our clients.
At Kuvara Law Firm, we offer:
- Personalized legal services
- FREE consultations and no upfront fees
- Se Habla Espanol
Can Pedestrian Accident Victims Get Compensation for Injuries?
If you’ve been injured as a pedestrian in California, you may be entitled to financial compensation for medical expenses, lost wages, pain and suffering, and other related damages. The process typically involves proving that the driver was at fault due to negligence, such as speeding, distracted driving, or failing to yield. Even if you were partially at fault, California’s comparative negligence law allows you to pursue compensation, though your award may be reduced by your percentage of fault.
However, insurance companies often fight hard to minimize payouts when people get hurt, and the insurer may try to redirect blame or imply that your injuries aren’t severe. Documentation of your injuries, medical treatment, and the circumstances of the accident will be crucial in building a strong case.
With decades of experience in personal injury law, our pedestrian accident attorneys can increase your chances of winning your case. We will help you understand your rights, gather evidence, and negotiate a fair settlement on your behalf.
Kuvara Law Firm Wins $300,000.00 Policy Limits Pre-Litigation Settlement
Our client, a 54-year-old man, was walking through a crosswalk when he was struck by a motor vehicle driven by the defendant. Our client suffered injuries to his neck, chest, left shoulder, right forearm, and right knee. He underwent a right knee arthroscopy with partial lateral meniscectomy, arthroscopic debridement and chondroplasty, and arthroscopic synovectomy. He also required pain-relieving injections in his left shoulder.
We helped our client connect with specialists to treat his injuries, and we provided advice on how to properly document his wage losses, as he was self-employed. After we submitted a well-supported, 331-page demand packet to the defendant’s insurance company, they offered the full policy limits to settle the personal injury claim.
Pedestrian Accident Statistics
In 2022, Over 7,500 Pedestrians Were Struck By Motor Vehicles And Killed.
More than 7,500 pedestrians lost their lives in motor vehicle accidents in the United States in 2022. That’s equal to approximately 20 deaths per day. Alarmingly, these statistics represent an increase of 75% in pedestrian accident deaths since 2010. Pedestrian deaths declined slightly to just over 7,300 in 2023, according to the Governors Highway Safety Association (GHSA), but the numbers are still more than 14% over pre-pandemic numbers.
Governors Highway Safety Association. 2024. New Projection: U.S. Drivers Killed 7,318 Pedestrians in 2023.
What to Do if You’re Involved in a Pedestrian Accident
If you’ve been involved in a pedestrian accident, it is vital that you notify emergency services and then take the proper steps to ensure that important evidence, and your right to recover compensation, are preserved.
Call Emergency Services
If a person is injured in the pedestrian accident, someone at the scene should immediately call 911 and request an ambulance and the police. Calling the police is important from a legal standpoint because it ensures that statements are taken and that evidence is collected right away. Getting an ambulance on the scene helps make sure victims receive medical treatment and that injuries, and their severity, are documented.
Take the Driver’s Details
Someone should immediately take down the driver’s details, including his or her name, address, phone number, license plate, and insurance information. Additionally, getting the contact details of as many witnesses as possible will help your pedestrian accident lawyer gather more information to support your claim.
Take Pictures
Taking pictures or videos of the damage and of the scene as soon as possible after the pedestrian accident will help document vital evidence. Images of the injured can also help the jury come to a more informed decision.
If you have been involved in a pedestrian accident, it is important to seek legal guidance so that your claim can be assessed fully, with your individual situation taken into account.
How to Win a Pedestrian Accident Claim
If you were hit by a motor vehicle—or if your loved one was struck and killed—you may be entitled to damages from the at-fault driver’s insurance company. To obtain compensation after a pedestrian accident, however, you must show the following elements existed when the accident happened.
- The at-fault driver (or motorcyclist, bicyclist, etc.) owed a duty of care to the victim;
- Because the at-fault driver was negligent, this duty was breached; and
- Because this duty was breached, the victim suffered injuries.
Each of these elements must be supported with evidence for a California personal injury claim to stand. If one of the elements cannot be proven, the claim will fail, and you will not be entitled to any damages.
How Can Our Pedestrian Accident Attorneys Help You?
If you suffered injuries or your loved one died in a pedestrian accident, consult our experienced California pedestrian accident attorneys in San Rafael right away to protect your rights. We will examine copies of your medical records, accident reports, and other pieces of evidence to build your case and support your claim for damages.
Our pedestrian accident attorneys will take over your claim from the moment we are hired, so you no longer have to worry about the at-fault driver’s insurance company calling you and pressuring you to accept an inadequate settlement offer. In addition, your attorney drafts and files all necessary documents in your case and represents you at any hearings that may be scheduled.
We’ll put our experience to work for you to increase the value of your case. This includes identifying all possible avenues of recovery, calculating all your losses, and ensuring that the right types of evidence are submitted to support your claims.
Common Causes of Pedestrian Accidents
Understanding why pedestrian accidents happen can help you identify the parties who may be liable for your losses. There are numerous types of negligence that may cause a pedestrian accident. These include:
- Speeding
- Texting and driving, or other types of distracted driving
- Failing to give the right of way
- Driving under the influence of alcohol or drugs
- Defective motor vehicle parts and equipment
At-fault drivers and their insurance companies may also try to blame the pedestrian for the accident. Common arguments include:
- The pedestrian was distracted
- The pedestrian did not use a designated crosswalk
- The pedestrian walked in front of the vehicle
- The pedestrian was under the influence of drugs or alcohol
- The pedestrian did not walk at a crosswalk when the “walk” light was on
Even if the pedestrian did not do anything wrong, at-fault drivers and their insurance companies often try to use these arguments to avoid liability. However, our experienced personal injury attorneys will study video surveillance footage, consult accident reconstruction experts, and locate eyewitnesses to protect your rights and prove your claim.
What Damages Are Available in a Pedestrian Accident Claim?
In California, economic and noneconomic damages are generally available to pedestrian accident victims. The damages you can recover in your claim will depend on the severity of your injuries, your prognosis, the amount of income you lost because of the incident, and the insurance coverages and other sources of recovery available. You may be entitled to receive compensation for your:
- Medical expenses incurred
- Future medical treatments
- Lost past and future wages
- Pain and suffering
- Losses resulting from a permanent disability
When you meet with our attorneys for your free initial consultation, we’ll go over the types of compensation that may apply in your situation, and provide you with an estimate of the value of your case.
Who Can File a Wrongful Death Claim After a Fatal Pedestrian Accident?
If your loved one died in a pedestrian accident in California, you may be able to recover compensation by filing a wrongful death claim against the at-fault driver. The following parties are eligible to file a wrongful death claim:
Spouse: The surviving spouse of the deceased person can file a claim.
Domestic Partner: A registered domestic partner of the deceased may also be eligible to file a claim.
Children: Biological and adopted children of the deceased are entitled to file a claim. This includes minor children and adult children.
Parents: If the deceased person was unmarried and had no children, the parents may file a claim.
Siblings: In cases where the deceased had no spouse, domestic partner, children, or parents, siblings may be able to file a claim.
Others Who Can Show Financial Dependency: In some cases, other individuals who were financially dependent on the deceased, such as stepchildren or others who relied on the deceased for support, may also be eligible.
The wrongful death claim aims to seek compensation for losses such as loss of financial support, loss of companionship, and funeral expenses. Consulting with our wrongful death attorneys can help determine your eligibility and guide you through the process.
Pedestrian Accident FAQ’s
How Do I Prepare for My Initial Consultation?
You should try to have all evidence documented to as large a degree as possible. This can include your personal notes about the event that took place. You should pay particular attention to the damages that you suffered and the effect the accident had on you.
The Accident Was Partially My Fault. Can I Still Recover Compensation?
The courts acknowledge that sometimes there is blame on both sides of a pedestrian accident case. Therefore, they award damages in accordance with how much each person was to blame. If you played a role in causing the accident, you can still make a claim as long as you were less than 51% at-fault. Your compensation award will be reduced in proportion to the percentage of fault you hold.
How Long Do I Have to File a Pedestrian Accident Lawsuit?
In California, a 2-year statute of limitations generally applies to pedestrian accident claims. If you wait too long to file your lawsuit, you will be barred from recovering compensation for your losses through the courts.
At Kuvara Law Firm, We Help Injured Pedestrians
The personal injury lawyers at Kuvara Law Firm take pedestrian accidents seriously. If you have been injured and would like to schedule a free consultation to learn about your legal options, contact us at 1-800-446-5879.
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