What are Pedestrian accidents?

Many pedestrian crossroads or walk along the sidewalk. Recently, however, there has been a rise of pedestrian injuries and deaths from motor vehicles. On the road, there are many hazards such as every-day cars, transportation trucks, vans and even bicycles. In Orange County, especially in larger cities such as Irvine, nearly 500 pedestrian accidents occurred in 2020. If you have been involved in an accident with any of these motor vehicles, you are entitled to compensation for injuries. At Alipour Law Group, we highly recommend you consult with our skilled personal injury lawyers to discuss your case.

Pedestrian Accidents Attorneys in Irvine, California

What are some common causes of pedestrian injuries in Irvine, CA?

  • Driving while using smartphones: as technology has increasingly been integrated into modern transportation, many accidents occur with pedestrians due to distractions. Similarly, pedestrians can be in danger of accidents if they are not aware of their surroundings due to technology use
  • Driving past the speed limit: Many cars, especially in construction and school zones, need to slow down for crossing pedestrians. Cars that are speeding can easily miss crossing pedestrians or not be able to stop on time
  • Driving under the influence: Drivers can be impaired due to alcohol use or other drug use. Recently, with the legalization of Cannabis in many states, there has been a rise in DUI. It is important to note that even if a drug is legalized, does not permit drivers to operate a vehicle under the influence.
  • Reckless driving: Reckless driving often leads to unintended accidents as the vehicle goes out of control. Similarly, it is the driver’s responsibility to determine if they are capable of driving, especially if they feel fatigued or emotionally unstable.
  • Malfunctioning road signals: Injuries can occur if road signals are malfunctioning and can not properly direct drivers and pedestrians. Malfunctioning road signs can lead to deadly collisions as drivers only see the signal, rather than the pedestrian crossing.

While these are only some of the common causes for injuries, there are many other cases that can qualify under personal injuries.

Our Irvine Personal Injury Lawyers Represent Clients In The Following Practice Areas:

What damages are covered under pedestrian injuries in Irvine, CA?

Unfortunately, pedestrian accidents with a motor vehicle can be life-threatening. Common damages that you may have suffered from includes, but are not limited to

  • Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication. Some of the common injuries include:
    1. Broken bones: collision from a car, even if the car was driving at the speed limit, is enough to break bones in a pedestrian’s legs, arms, etc. It can take several weeks to even months to recover.
    2. Spinal cord injuries: spinal cord injuries lead to many pedestrians to lose the ability to control certain parts of their body. Specifically, a spinal cord damage below the waist can lead to the inability to move body parts below the waist. If victims are fortunate enough with the treatment, they may be able to go through rehabilitation but for many victims, they may never be able to walk again.
    3. Brain trauma: Pedestrian accidents often cause pedestrians to fall on their head or skull with extreme force. While minor injuries can include small fractures, it can lead to serious injuries such as facial disfigurement and physical or cognitive impairment.
    4. Internal bleeding: While many injuries can be easily identifiable, some are not that obvious. Collisions can lead to internal organs or blood vessels to rupture. If not treated immediately, it can lead to organ failure.
  • Expenses: If there were costs that were out of pocket, it can be included for compensation
    1. While it can be unfortunate, some pedestrians will not survive their injuries. As a result, expenses for burials and funerals can be filed.
  • Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
  • Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
  • Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury

What are some important dates and timeline for a pedestrian accident lawsuit in Irvine, CA?

In California, the statute of limitations details until when the lawsuit can be filled. For instance, under California Code of Civil Procedure section 335.1, there is a two-year deadline for compensation for injury or death due pedestrian injuries.

However, if the pedestrian was injured because of a public entity, such as malfunctioning signs or defective roadways, there is an earlier deadline. In California, under California Government Code Section 911.2, a personal injury claim needs to be filed within six months of the injury. Furthermore, the public entity, whether it be the city, state, or government agency, will then have 45 days to approve or deny the claim. If denied, a lawsuit can be filed within six months of the denial of claim. If the government does not approve or deny the claim (i.e., does not respond to the claim at all), a lawsuit can be filed within the standard two years under statute of limitations.

What evidence can be collected and used?

There are several pieces of information that can be helpful to the case. For instance, it is important for the pedestrian to call the Irvine police for an accident report. This allows a physical and official record of the accident that proves the incident took place. Additionally, this can confirm that the injuries were from the recorded accident.

Furthermore, it is helpful to take pictures of your injuries, the scene of the accident, as well as any other damages that are relevant. Within those picture, include a copy of the at-fault driver’s license, his/her insurance card, and the license plate. Contact information can be vital to reach out to eyewitnesses as they can confirm any claims you made about the accident and injuries.

Additionally, even if there were only minor injuries, it is important to visit a doctor to have a medical evaluation. The doctor can determine any injuries that are present and caused by the accident, and can record what treatments are required.

What should I do if I have suffered from pedestrian injury in Irvine, CA?

If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence as detailed above.

Be sure to report the incident to the police or public agency in charge so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.

We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with pedestrian accidents in Irvine.

How Can We Help?

While seeking immediate medical attention should be your first priority, it is essential that you seek legal advise too. If you have suffered pedestrian injuries it should not be your responsibility to pay for your medical costs. We understand the extent of pressure that our clients experience after a pedestrian injury. Our experienced attorneys can help you recover your past and future medical costs, lost earning from your job, emotional distress, pain and suffering, and in some cases punitive damages to punish the responsible person, while you focus on recovering your health.

CONTACT US TODAY FOR A FREE CASE EVALUATION.

 

Relevant Resources

California Statue of Limitations

Frequently Asked Questions for Our Pedestrian Accidents Attorneys in Irvine, CA

How can I determine liability in a pedestrian accident?

Liability in pedestrian accidents depends on various factors. Our experienced attorneys at Alipour Law Group, APC, will investigate the circumstances, assess traffic laws, and gather evidence to determine liability. This may involve analyzing the driver’s actions, road conditions, and any contributing factors.

How long do I have to file a pedestrian accident claim?

In California, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years. It’s crucial to act promptly to preserve evidence and ensure the best possible outcome. Contact Alipour Law Group, APC, to discuss your specific case and timelines.

What if the pedestrian accident was a hit-and-run?

In hit-and-run cases, it’s essential to report the incident to the police immediately. If the responsible party is unidentified, you may still have options for compensation. Alipour Law Group, APC, can guide you through the legal process, including exploring avenues such as uninsured motorist coverage.

Will I have to go to court for my pedestrian accident case?

Not all cases go to court. Our skilled attorneys will first attempt to negotiate a fair settlement with the at-fault party or their insurance company. If a satisfactory agreement cannot be reached, we are fully prepared to pursue your case in court to ensure your rights are protected.

Can I still pursue a claim if I was partially at fault for the pedestrian accident?

California follows a comparative negligence system, which means you may still be eligible for compensation even if you were partially at fault. However, your award may be reduced based on your percentage of fault. Alipour Law Group, APC, will advocate for your rights and work to maximize your recovery.

How do I prove the driver’s negligence caused the pedestrian accident?

To prove the driver’s negligence, gather evidence such as witness statements, photos of the scene, and any available surveillance footage. A skilled attorney from Alipour Law Group, APC, can assist in building a strong case by analyzing the driver’s actions, traffic laws, and other relevant factors.

Can I still seek compensation if I was partially at fault for the accident?

Yes, you can still seek compensation even if you were partially at fault. California follows a comparative negligence system, where your compensation may be reduced based on your percentage of fault. Alipour Law Group, APC, will advocate for your rights and work to maximize your recovery.

What sets pedestrian accident cases apart from other types of personal injury cases?

Pedestrian accident cases involve unique factors such as traffic laws, pedestrian right of way, and the vulnerability of pedestrians. They often require specific experience in handling evidence related to these aspects. Alipour Law Group, APC, specializes in navigating these complexities to ensure the best outcome for our clients.

Can I negotiate with the insurance company myself?

While you can negotiate with the insurance company yourself, it’s advisable to have legal representation. Insurance companies may minimize payouts. Alipour Law Group, APC, can advocate for your rights, assess the true value of your claim, and handle negotiations to secure a fair settlement, allowing you to focus on recovery.

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