Orange County Pedestrian Accident Lawyer
With Orange County’s many beach destinations, pedestrians flock by the hundreds to enjoy a little bit of Southern California sunshine. Increased pedestrian traffic means increased chances of a pedestrian-related accident. Victims of pedestrian accidents often suffer severe injuries that require extensive medical treatment. If you were struck by a motor vehicle, an Orange County pedestrian accident lawyer from Bentley & More LLP can stand up to the insurance company on your behalf and help you recover the compensation you need to move forward with your life.
Why Hire An Orange County Pedestrian Accident Attorney From Bentley & More?
A pedestrian accident in Orange County is likely to entail extensive damages, and injured plaintiffs need reliable legal counsel to handle their claims and navigate the litigation process. At Bentley & More LLP, our pedestrian accident lawyers have extensive experience handling the most complex legal matters in a variety of practice areas – including pedestrian-related accidents and injuries.
If you or a loved one has recently suffered injuries or other losses in a pedestrian accident in Anaheim, Santa Ana, Irvine, or the Orange County area, our trusted Orange County accident lawyer help you recover fair compensation.
Building a Case for Your Orange County Pedestrian Accident
After any Santa Ana pedestrian accident, an injured person’s first priority should be medical treatment. Even if an injured pedestrian feels as though his or her injuries are not very severe, any delay in seeking treatment will reflect poorly on a subsequent personal injury case. In these cases, juries tend to assume that, since plaintiffs did not seek immediate care, their injuries were not as severe as they claimed. Additionally, waiting to seek care can have very damaging effects, as some injuries may not manifest immediate symptoms. Waiting too long can cause a medical complication to worsen, possibly jeopardizing the plaintiff’s life.
Once an injured pedestrian has received treatment, his or her doctor will provide a medical report that lists the plaintiff’s injuries and the doctor’s treatment plan. This will be an invaluable document if the plaintiff decides to pursue a lawsuit because it will provide the court with an accurate idea of the plaintiff’s injuries. After receiving a medical report and a police report from the accident, injured pedestrians should seek reliable legal counsel for pursuing pedestrian accident injury claims.
Compensation Available to Orange County Pedestrian Accident Victims
Pedestrian accident injuries can be serious and life-changing. Victims in Orange County may be entitled to significant compensation, depending on the circumstances of the accident and the severity of the injuries sustained. California law allows injured pedestrians to seek financial recovery for both economic and non-economic damages. Common types of compensation available include:
Medical Expenses
Victims can seek reimbursement for all current and future medical bills related to the accident. This can include hospital stays, surgeries, doctor’s visits, physical therapy, rehabilitation, prescription medications, and any required medical equipment.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost income. This includes both the wages you’ve already missed and potential future earnings if your ability to work is permanently impacted.
Pain and Suffering
In addition to financial losses, pedestrian accident victims can claim compensation for the physical pain and emotional suffering endured. This non-economic damage seeks to address the reduced quality of life, mental anguish, and emotional distress caused by the accident.
Property Damage
If any personal property was damaged in the accident, such as a phone, glasses, or clothing, you could recover the cost of repair or replacement.
Loss of Consortium
In some cases, spouses or family members may be entitled to compensation for the loss of companionship, care, or guidance following the accident. This type of claim is typically made when the injuries have a long-term or permanent impact on the victim’s relationships.
Wrongful Death
In the tragic event that a pedestrian accident results in death, surviving family members may pursue a wrongful death claim. Compensation can cover funeral and burial costs, loss of financial support, and the emotional toll of losing a loved one.
Pedestrian accident cases can be complex, and navigating the compensation process requires a thorough understanding of California’s personal injury laws. The experienced pedestrian accident attorneys at Bentley & More can help ensure you recover the full amount you’re entitled to, holding negligent drivers accountable for the harm they’ve caused.
Proving Negligence in Orange County Pedestrian Injury Accidents
Like any other personal injury claim, an injured pedestrian will need to prove the driver who caused his or her injuries was negligent. Proving negligence requires establishing four facts in court:
- Duty. The plaintiff must show the court that the defendant in the case owed him or her a duty of care. Every driver has a duty to yield to pedestrians and follow posted traffic signs.
- Breach. Next, the plaintiff’s attorney will demonstrate how the defendant breached this duty of care. For example, if a driver speeds through an intersection and hits a pedestrian, this is a violation of the driver’s duty to drive reasonably.
- Substantial factor causation. The plaintiff must prove that the defendant’s negligence was a substantial factor in causing his or her injury. The defendant’s negligence need not be the only cause of the injury, because a “substantial factor” is a broad standard, requiring only a cause that is something more than negligible or theoretical.
- Actual harm. A plaintiff can only sue after suffering a measurable loss. If he or she suffered no injuries or incurred no economic damages, there is no claim.
In the event that an individual dies from the accident, you may need the assistance of a wrongful death attorney in Orange County.
Who May Be Held Liable in a Pedestrian Accident Case?
In a pedestrian accident case, determining liability is crucial to ensuring the victim receives appropriate compensation. While drivers are often the primary at-fault parties, several other individuals or entities may also bear responsibility depending on the specifics of the accident. Here’s a look at who may be held liable:
Negligent Drivers
Drivers are frequently the primary party held accountable in pedestrian accidents. If a motorist was speeding, distracted, intoxicated, or violated traffic laws, they can be found liable for the accident. California’s “duty of care” laws require drivers to exercise caution when sharing the road with pedestrians. Failure to do so, whether by running a red light, failing to yield at a crosswalk, or driving recklessly, can make them legally responsible for the victim’s injuries.
Pedestrians
In some cases, pedestrians themselves may share a portion of the liability. For instance, if a pedestrian was jaywalking, crossing outside of designated crosswalks, or stepping into traffic without warning, they might be found partially responsible for the accident. California follows a comparative fault rule, meaning compensation can be reduced based on the pedestrian’s share of the fault.
Vehicle Manufacturers
If the accident was caused by a vehicle malfunction, such as brake failure or a defective part, the manufacturer of the vehicle or its components may be held liable. Product liability claims can arise when faulty design or manufacturing defects contribute to the accident.
Government Entities
Poorly maintained roads, malfunctioning traffic signals, or lack of proper signage can contribute to pedestrian accidents. If hazardous road conditions or inadequate infrastructure played a role in the incident, a government entity responsible for road maintenance and safety may be held liable. Filing a claim against a government agency involves specific rules and timelines, so it’s essential to act promptly.
Commercial Vehicle Operators and Employers
If a pedestrian is struck by a commercial vehicle, such as a delivery truck or rideshare service, the company that owns the vehicle may share liability. Employers can be held responsible for accidents caused by their employees if the crash occurred while the driver was performing work-related duties.
Bicyclists and Scooter Riders
Other road users, such as bicyclists and scooter riders, can also cause pedestrian accidents. If they were operating negligently or failed to follow traffic laws, they might be held liable for any injuries caused to pedestrians.
Pedestrian accident cases often involve multiple parties, making it essential to conduct a thorough investigation to determine liability. An experienced personal injury attorney can help identify all responsible parties and ensure they are held accountable for their role in the accident, helping victims secure the compensation they deserve.
Contact An Orange County Pedestrian Accident Lawyer Today
If you or a loved one has been injured in a pedestrian accident in Orange County, the experienced attorneys at Bentley & More are here to help you through this challenging time. Our team understands the physical, emotional, and financial toll these accidents can take, and we are dedicated to fighting for the justice and compensation you deserve. Here’s how we can assist you:
- Comprehensive Case Evaluation: We will review the details of your case and identify all potentially liable parties to maximize your recovery.
- Aggressive Negotiation with Insurance Companies: We’ll handle the insurance companies on your behalf, ensuring they don’t undervalue your claim.
- Pursuit of Full Compensation: Whether through settlement or litigation, our goal is to secure compensation for medical expenses, lost wages, pain and suffering, and more.
- No Fees Unless We Win: You won’t pay any attorney fees unless we successfully recover compensation for you.
At Bentley & More, we take pride in advocating for injured pedestrians and holding negligent parties accountable. Contact us today for a free consultation, and let us help you on your path to recovery. If you or a loved one has suffered injuries in a pedestrian accident in Anaheim, Irvine, Santa Ana, or anywhere else in Southern California, reach out to the Orange County personal injury lawyers at Bentley & More LLP. Call (949) 870-3800 or click here to get in touch.
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