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The major cities in California have recently seen a significant increase in vehicle vs. pedestrian accidents and fatalities. Factors like speeding, smartphones, and more people on the roads all contributed to this surge. With pedestrian accidents increasing, the need for qualified, experienced Irvine, CA, pedestrian accident lawyers goes up, as well.

Unlike accidents that involve cars, pedestrian accidents are usually catastrophic, with many resulting in fatalities. Along with life-changing injuries, victims must deal with extensive medical costs, lost income, and significant recovery periods. This doesn’t even take into consideration the mental impact that a serious pedestrian accident can have. In some situations, pedestrians may even suffer injuries if they collide with a motorcycle or bicycle.

While drivers have a moral and legal responsibility to protect pedestrians and avoid injuring them, this doesn’t always happen. If you are the victim of a pedestrian accident, there’s a good chance you don’t know what to do or where to turn in the aftermath. At Neale & Fhima, APC, we want to ensure that you have all the information needed to help you take the right steps to resolution and recovery. Our attorneys are here to talk about your situation and help you understand your legal rights. If someone else’s negligence caused your pedestrian accident and injuries, you likely deserve compensation.

Pedestrian Rules and Crosswalk Laws in Irvine

In California, there are several laws designed to help protect pedestrians. The rules dictate where people are legally allowed to walk without getting in the way of vehicles. Also, all drivers are required to yield the right of way when a pedestrian is crossing the road in a marked crosswalk.

Even though this seems clear and straightforward, some people are confused by the other parts of the law. For example, pedestrians are not allowed to suddenly leave the curb or another safe place and walk into a vehicle’s path if it would create an immediate hazard.

Because of how the vehicle code is a bit confusing and the rather chaotic urban landscapes in and around Irvine, it’s not unusual for insurance companies to deny these types of claims. This is another example of why having services from our pedestrian attorneys may be a smart move if you are injured while you cross a crosswalk or curb.

Common Causes of Irvine, CA, Pedestrian Accidents

There are multiple factors that may lead to pedestrian accidents in Irvine. Some of the following factors are the most common causes of these situations:

Distracted Driving

The use of mobile phones and other electronic devices, talking to others in the vehicle, and doing anything else that causes the driver to take their attention from the road can cause pedestrian accidents.

Alcohol or Drug Use

Another leading cause of California pedestrian accidents (and accidents in general) is drivers who use alcohol or drugs before getting behind the wheel. Their impaired state increases the likelihood of an accident.

Speeding

Any time someone is speeding, it increases the risk of an accident.

Not Respecting the Right of Way of Pedestrians

Some drivers don’t respect the right of way of pedestrians when they cross an intersection. Most pedestrians who are seriously injured or even pass away in a traffic accident are struck at an intersection.

Failing to Use a Signal before Turning

If a driver doesn’t signal when they turn, a pedestrian accident may occur. If a driver does not give signals, then pedestrians who are trying to cross the road don’t know their intent, and they may walk right into a turning vehicle’s path.

Time of Day and Visibility

Many pedestrian accidents occur at night. Improper visibility and the increased number of drivers on the road who are driving while intoxicated create hazardous conditions. Also, the times of dusk and dawn also experience increased levels of accidents since both drivers and pedestrians must deal with low sun and the glare it causes.

Reckless Driving

Fatigue, drunk driving, and speeding will put pedestrians in danger. Studies have proven that there is not much of a difference between the reflexes of a drunk driver and someone who is sleepy behind the wheel. On the other hand, aggressive and impatient drivers also pose a serious risk to Irvine pedestrians.

Common Injuries in Irvine Pedestrian Accidents

We have years of experience representing injured residents of the Irvine area. We have seen several types of injuries arise from pedestrian accidents, with many being catastrophic. The more serious the accident is, the more extensive is the medical treatment needed. In some cases, victims of these accidents experience injuries to their upper arms and extremities due to how the collision occurs. It’s estimated that around 38% of pedestrians experience an injury to their face, neck, or head in this type of accident, and up to 27% experience an injury to their upper extremities.

Some of the most common injuries in a pedestrian accident are:

  • Lacerations, contusions, and abrasions to the hands and face
  • Spinal cord injuries that can result in paralysis or death
  • Scalp abrasions, contusions, and lacerations
  • Brain injuries that can cause paralysis or death
  • Fractures of the pelvis, legs, ribs, hips, and arms
  • Sprained or torn ligaments.

Should You Hire an Attorney for Help with Your Pedestrian Accident Lawsuit?

If you have been injured when struck by a vehicle in a pedestrian accident and you experienced serious or devastating bodily injuries, you deserve to receive compensation. However, in these situations, it’s often extremely difficult or even impossible to recover the compensation you deserve without securing proper legal representation. Since receiving compensation for damages is essential when it comes to helping accident victims recover and get back on their feet, it is usually in your best interest to hire an Irvine pedestrian accident lawyer as soon as possible.

These are some of the ways our legal team at Neale & Fhima, APC, will help with your pedestrian accident case:

  • Determining and proving liability
  • Utilizing our tools and resources to help you secure monetary damages and ensure you receive the compensation you deserve
  • Providing advice regarding the right next steps to take
  • Serving as a mediator with the insurance companies.

Types of Compensation Available in Irvine Pedestrian Accident Cases

When working to recover compensation in Irvine pedestrian accident cases, a critical factor that must be proven is liability. In most situations, the driver of the motor vehicle is the one who is to blame if a pedestrian accident occurs.

The authorities and your attorney will work to figure out how the situation occurred and question all involved parties. For example, if there is a disagreement about whether someone was on their phone, the individual’s phone records can be subpoenaed to make it known for sure. Also, if the accident took place in a busier area, there will likely be witnesses who will be interviewed.

It’s often more challenging to determine fault if some of the special circumstances listed here are involved.

  • Poorly marked or unmarked crosswalks: In some situations, there will be questions or doubts about whether the pedestrian was struck while they were legally in a crosswalk. However, even in situations where someone is jaywalking, this doesn’t give a motorist the right to hit them with their vehicle.
  • Construction areas: If a pedestrian must walk down the street because of construction or a sidewalk that is blocked, someone other than the motorist that struck them may be considered liable for the accident.

Calls from insurance company adjusters, police reports, and medical bills can become overwhelming to handle. This is especially the case for those who have experienced serious injuries. Because of this, it is essential that you hire an experienced Irvine pedestrian accident attorney who can help ensure you have quality representation for your accident claim right away.

If you have a case where liability seems clear, you may believe that you won’t have an issue winning, and you may think that you don’t need to hire an attorney. However, there are several things that can go wrong.

The driver who struck you may dispute what happened or the events that led up to the incident and try to put the blame on you. Also, insurance companies involved with the situation may pay less than what you feel you deserve and try to pressure you to accept a low offer. In many situations, accident victims aren’t aware of what they are due and so they settle for less.

Helping You Recover the Compensation You Deserve After a Pedestrian Accident

Our legal team at Neale & Fhima, APC, is here to help you recover the compensation you deserve if you are involved in a pedestrian accident. Be sure to get in touch with our legal firm right away to learn more about your case. Contact us today at 888-407-2955 to schedule a free initial consultation.

Attorney Aaron Fhima

Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]

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