Dana Point Pedestrian Accident Lawyer

A Dana Point Pedestrian Accident Lawyer You Can Trust

When a pedestrian gets hit by a car, truck, or bicycle, it often spells disaster for the person on foot. Cars and trucks weigh thousands of pounds, and pedestrians are relatively unprotected. Similarly, bikes travel at must faster speeds than people walk, so when a pedestrian and bicycle collide, the pedestrian often suffers greater injury. If you have been injured in this way, your next phone call should be to a pedestrian accident lawyer. In addition, if you’ve been involved in a truck accident, it’s equally important to seek the expertise of a truck accident lawyer to ensure you receive the necessary legal support.

The California Office of Traffic Safety (OTS) reports that 893 pedestrians were killed on California roadways in a recent year and more than 14,000 were injured. Pedestrian death rates rose by 26% over four years, and nearly 7,500 pedestrians died in California in a recent 10-year period. California’s pedestrian fatality rate is almost 25% higher than the national average, and it ranks #1 in total pedestrian deaths annually among all 50 states.

If you or a loved one has been injured in a pedestrian accident, you may be entitled to financial compensation to cover medical bills, lost wages, and pain and suffering. To find out more about your legal rights, talk to a skilled and experienced Dana Point pedestrian accident lawyer.

Why Choose Us as Your Pedestrian Accident Lawyer

At Neale & Fhima, our Dana Point pedestrian accident attorneys are among the finest in the state. That’s because we have an outstanding track record of success in handling personal injury and lemon law claims! We have secured more than $50 million in compensation for our clients. Attorney Aaron Fhima is highly experienced in aggressively representing accident victims, including pedestrians. He is supported by a legal team that shows compassion and care for each client we serve. We receive outstanding testimonials from our many satisfied clients.

How We Can Help

A good pedestrian accident attorney knows how to help injured victims build a legal claim that results in victory. At Neale & Fhima, we will use all our skills and knowledge to get the maximum payout possible in every client’s case. Following are the ways we can help. We will:

1. Explain your legal rights and discuss your options for compensation
2. Conduct an accident scene investigation at the intersection, sidewalk, walking path, or other location where you were injured
3. Gather evidence, including surveillance video, eyewitness testimony, and police reports
4. Use medical tests and treatment plans to prove your injuries
5. Hire an expert witness, if needed
6. Negotiate aggressively with insurance companies on your behalf
7. Argue your case in court, if necessary.

Our experienced personal injury attorneys give you an edge over your opponent because we know how to make the law work in your favor.

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Dana Point Pedestrian Accident Attorneys Explain How Injuries Happen

Pedestrian accidents can happen in the blink of an eye and can result in serious and even life-threatening injuries. Some of the most common ways that pedestrian injuries happen include:

• A car or truck does not stop at an intersection or crosswalk
• A driver does not see a pedestrian when making a right- or left-hand turn
• A pedestrian is struck by an oncoming bicycle or e-bike when sharing a path or trail
• A pedestrian trips over uneven pavement on a sidewalk or road
• A driver backing out of a driveway does not see a pedestrian
• A drunk driver runs over a sidewalk
• A bustling crowd waiting on a curb accidentally pushes a pedestrian into oncoming traffic.

Pedestrians have the right of way in all marked or unmarked crosswalks. However, pedestrians are also required to use good judgment and follow the rules of the road. California Vehicle Code §21950 outlines pedestrians’ rights and duties.

Pedestrian Accident FAQs

Our pedestrian accident attorneys hear a lot of the same questions from our clients. For your convenience, we have provided answers to frequently asked questions here:

• How many pedestrians are injured and killed each year?

  In California, 986 pedestrians were killed in a year and thousands more were injured.

• Are there fines for motorists who disregard pedestrian rules?

  Motorists who fail to yield to a pedestrian are violating California Vehicle Code 21950 and can be fined $238. Motorists can also get one point added to their DMV record.

• What are some common injuries in pedestrian accidents?

  Pedestrians who are hit by cars and bikes or who slip and fall often suffer concussions, brain injuries, broken bones, and lacerations.

• Do bicyclists have to follow pedestrian rules in California?

  No, bicycle riders are not considered pedestrians in California. They are subject to a separate set of California bike laws. Bicycling has exploded in popularity for recreation and commuting, and bicyclists can still get injured. Those who do may need legal representation from a bicycle attorney or e-bike accident lawyer.

• How far does the average pedestrian walk?

  Urban and park planners typically use 10 minutes as the duration that individuals are willing to walk to get to a destination. People who walk for exercise and enjoyment often walk for longer periods and greater distances.

• What kind of financial damages could I be entitled to?

  When you are injured in a pedestrian accident, you may be able to recover both economic and non-economic damages. These include the cost of medical bills, lost wages, property damage, loss of future earnings, pain and suffering, and other compensation.

• What happens if my loved one is killed in a pedestrian accident?

  In the horrible event that your family member is killed in a pedestrian accident, you can file a wrongful death claim. Through this legal action, you can recover damages for medical costs, lost wages and future earnings, loss of guidance, protection and care for family members, funeral and burial costs, and other compensation. You may also be able to file A Survival Action, if your loved one suffered any amount of pain or suffering prior to his or her death.

If you have additional questions about your injury claim, a Dana Point pedestrian accident lawyer at Neale & Fhima would be happy to speak to you. We offer free consultations.

Pedestrian Laws in California

The State of California wants to ensure that pedestrians have safe and convenient travel and access, whether it be on foot, in a wheelchair, with a walker, or pushing a stroller. The California Department of Motor Vehicles (DMV) publishes a handbook that lays out the rules of the road as they relate to pedestrians. The handbook describes a pedestrian as:

“A person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or wheelchair for transportation.”

The handbook offers these instructions to motorists and drivers:

• If you approach a pedestrian crossing at a crosswalk or corner — even if the crosswalk is in the middle of the block, at a corner with or without traffic signal lights, or not marked by painted lines — you are required to exercise caution and reduce your speed or stop, if necessary, to ensure the safety of the pedestrian.
• Do not pass a car or truck stopped at a crosswalk. A pedestrian you cannot see may be crossing the road. Stop and proceed after all pedestrians have crossed. In the unfortunate event of an accident, it’s essential to consult a car accident lawyer for legal guidance and support.
• Do not drive on a sidewalk, except to cross it to exit or enter a driveway or alley. When crossing, yield to all pedestrians.
• Do not stop within a crosswalk because this places pedestrians in danger.
• If a pedestrian makes eye contact with you, they are typically ready to cross the street. Yield to the pedestrian.
• Allow ample time for crossing the street for:
  • Older pedestrians
  • Pedestrians with young children
  • Disabled pedestrians.

By following these simple guidelines, motorists can help ensure the safety of pedestrians throughout California.

Jaywalking Decriminalized in California

In late 2022, California passed legislation that decriminalized jaywalking. Gov. Gavin Newsom signed the “Freedom to Walk” bill, which says that pedestrians are allowed to legally cross the street outside of designated intersections without facing fines, “unless a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power.” Previously, jaywalkers could be issued a citation with a fine of about $200 plus court costs.

This new law means pedestrians have greater flexibility in where they cross streets, and motorists must be more cautious when watching out for people on foot. It is now easier for drivers to be held accountable for injuring pedestrians who may have crossed the street at non-intersection locations. You should consider consulting a motorcycle accident lawyer to explore your legal options.

Special Consideration for Blind Pedestrians

The California DMV reminds motorists to pay special attention to blind pedestrians because they rely on sound, rather than sight, to identify and avoid oncoming traffic. Blind pedestrians listen for the sound of a vehicle’s engine to determine a car or truck’s distance, direction, and location. A blind pedestrian also listens for the sound of the “talking” or beeping pedestrian signal to determine when they are able to safely cross the street. Motorists are required to stop their vehicles within five feet of a crosswalk. Drivers of hybrid or electric vehicles must be especially alert for blind pedestrians because these vehicles are so much quieter and lack the typical engine noise, so blind individuals often cannot hear them. The California DMV encourages motorists to follow this cue:

• When a blind person pulls in their cane and walks away from an intersection, this gesture typically means that a driver can go.

A Word About Child Pedestrians and School Buses

According to the California DMV, more children are killed while getting on and off school buses than are killed while riding inside a school bus. Therefore, oncoming motorists must know what to do before, during, and after the loading or unloading of child pedestrians on school buses. If a school bus is stopped and has extended its stop sign and flashing red lights, California Vehicle Code 22454 states that motorists may not pass on either side of the bus. Oncoming traffic on two-lane roads must also stop. Drivers who fail to stop can be required to pay a fine of up to $695 and receive one point on their DMV record.

Statute of Limitations to File a Pedestrian Accident Claim

Because pedestrians are relatively unprotected when encountering motorists and bicyclists on the road, they can get severely injured. When this happens, a Dana Point pedestrian accident lawyer can fight for the compensation you deserve. But remember — the sooner you act, the better. The statute of limitations for filing a personal injury lawsuit in California is two years from the date the injury took place. If the statute of limitations expires, a judge can dismiss your case, barring you from recovering financial damages.

Contact a Pedestrian Accident Attorney Today

Pedestrian accidents can result in broken bones, traumatic brain injuries, paralysis, or worse. What started out as a carefree stroll along a sidewalk can suddenly turn into weeks in a hospital bed. You could be facing mounting medical bills, time off work, anxiety, and an uncertain future. If you or a loved one have been injured in a pedestrian accident, you do not have to suffer alone. A skilled Dana Point pedestrian accident attorney can help. At Neale & Fhima, we’ve helped hundreds of personal injury victims get the justice they deserve. We will fight hard to recover financial damages that can get you back on your feet, pay off medical bills, and move forward with life.

At Neale & Fhima, we work overtime to make sure our clients get top-notch legal representation and a fierce advocate. Our staff is caring and compassionate, and we treat our clients like family. To find out more about how we can help, call us for a free, no-obligation consultation at 888-407-2955.