Pedestrian Accident Injury Lawyer Serving San Francisco, Lafayette and All of California
If you or a loved one was seriously injured in a pedestrian accident that occurred in San Francisco, Lafayette, or elsewhere in California, you are likely feeling anxious and unsure about the future. You have questions about your legal rights, the financial impact of the collision, and other issues that require answers. That is where The Geller Firm comes in.
The Geller Firm knows that, in the wake of a serious pedestrian accident, the victim is often left damaged physically, emotionally, and financially. We are here to help and will work tirelessly to secure the financial restitution you are owed for your harms and losses.
Pedestrian Accidents Can Cause Significant, Permanent Bodily Injuries
When a motorist collides with a pedestrian in San Francisco, Lafayette, or elsewhere in California, the pedestrian is at highest risk of suffering significant bodily harm. Below is a list of some of the most common types of injuries suffered in a pedestrian accident:
- Skull fractures
- Traumatic brain injuries
- Spinal cord injuries
- Neck injuries
- Nerve damage
- Ligament damage
- Back injuries
- Organ damage
- Lacerations and road rash
- Broken bones
How Pedestrian Accidents Often Occur
There are many variables and circumstances that come into play when a motorist collides with a pedestrian. Unfortunately, most pedestrian accidents could have been avoided if the motorist acted responsibly while operating their vehicle. Below is a list of some of the most common causes of pedestrian accidents in California:
- Texting while driving and distracted driving in general
- Reckless driving
- Drunk driving
- Running a red light
- Driving through a stop sign
- Reversing without looking
- Speeding in a school zone
Overview of Pedestrian Laws in California
Motorists in San Francisco, Lafayette, Orinda, Moraga, and elsewhere in California possess a legal duty to pay attention to the road at all times while operating a vehicle. In addition, motorists are obligated to be aware of their surroundings and adhere to pedestrian laws in the state. Despite this legal requirement, motorist error is, by far, the most common cause associated with serious pedestrian accidents in California.
When it comes to the laws that apply at a crosswalk, as a general rule, motorists are required to yield to pedestrians who are crossing at a marked crosswalk. Generally, crosswalks are either marked by white lines or unmarked, but are located at an intersection.
When approaching a crosswalk, motorists are obligated to slow down and exercise caution, in case a pedestrian is within a crosswalk.
Establishing Negligence in a California Pedestrian Accident Claim
When it comes to holding a motorist accountable for causing the accident, you need to establish that the motorist was “negligent.” Basically, this legal term means a motorist failed to act reasonably while operating a vehicle and that caused harm to you.
Negligence is routinely at the epicenter of a pedestrian accident lawsuit, since it is fairly common for a motorist to try and argue that the pedestrian did something wrong and the motorist should not be held responsible. In order to establish negligence, these specific elements must be met:
- Motorist owed a duty of care – The defendant owed the plaintiff a duty of care, or a legal obligation to act in a manner that a reasonable and prudent person would.
- Motorist breached the duty of care – The defendant failed to fulfill his or her duty of care due to a careless action or omission.
- Breach was the proximate cause of the accident – The defendant's breach of duty was the main cause of the pedestrian accident.
- You were harmed – The pedestrian suffered compensable losses as a result of the collision, such as physical injuries or lost wages.
Types of Recoverable Damages in Pedestrian Accident Cases
The legal term “damages” refers to the harms and losses suffered by a plaintiff stemming from an accident caused by a negligent part, or parties. There are two general categories of damages: (1) economic damages and (2) non-economic damages.
The damages that may be recoverable in your pedestrian accident case will depend primarily on the extent of your bodily injuries and any other harms and losses you've been forced to endure because of the accident. Below is a list of the most common types of damages pursued in a pedestrian accident claim:
- Hospital expenses (e.g., ambulance cost, ER treatment, medications, etc.)
- Ongoing medical care and surgical care
- Physical therapy
- Lost income stemming from the accident
- Lost earning capacity stemming from the accident
- Disability costs
- Out-of-pocket expenses
- Pain and suffering
- Scarring or disfigurement
How a San Francisco Pedestrian Accident Lawyer Can Help
A common issue that arises for injured pedestrians is the insurance company for the motorist deciding to deny liability for causing the accident. If an insurance company denies your claim, do not fret. Simply contact The Geller Firm and we will go to work for you. It is important to understand that a denial of your claim does not mean you have no claim. It is simply a response from a company that wants to minimize their liability and maximize profits. Even if you are contacted by an insurance company and offered a settlement, it will probably be for an amount that is woefully insufficient to properly compensate you for your harms and losses.
Level the playing field when going up against a large car insurance company by hiring a seasoned injury lawyer with The Geller Firm.
The Clock is Ticking on Your Potential Pedestrian Accident Claim
When someone is seriously injured in a pedestrian accident in San Francisco, Lafayette, or elsewhere in California, a proverbial clock begins to tick. That clock is associated with your ability to file a personal injury claim against the reckless motorist who caused the accident. The legal name for this time limit is the “statute of limitations.” Basically, it places a specific deadline for someone injured in an accident to pursue damages against another party. If you do not file a claim by the deadline, courts in California will most likely refuse to hear your pedestrian accident lawsuit.
In California, the statute of limitations for a pedestrian accident claim is two years from the date of the accident, according to California Code of Civil Procedure Section 335.1. This is the deadline in California on most civil actions brought for injuries caused by the wrongful act or neglect of another.
Ready to Begin? Contact The Geller Firm Today
As you can see, time is of the essence when it comes to holding a negligent motorist responsible for injuring you in a pedestrian accident. Now is the time to contact an experienced pedestrian accident attorney with The Geller Firm to discuss your legal options.
The Geller Firm is located in San Francisco and Lafayette, but we also serve San Jose, Oakland, Walnut Creek, Pleasanton, San Rafael, Palo Alto and the surrounding cities. Contact us today at 415-840-0570 to schedule an appointment. We are available for virtual and in-person consultations.