Orange County Pedestrian Accident Attorney

Orange County Pedestrian Accident LawyerSkilled Pedestrian Accident Attorneys Serving Orange County, California

Orange County poses significant risks for pedestrians. Tourists often flood the cities, paying little attention to their surroundings. Many smaller towns have streets and byways without proper shoulders and sidewalks, making foot travel hazardous. Pedestrians involved in accidents can face severe injuries and long-term disabilities. Having experienced legal representation can be crucial in navigating the complex process of seeking insurance benefits and pursuing legal claims against those responsible for their injuries. If you’ve been injured in a pedestrian accident, you may be entitled to substantial compensation. Contact our Orange County pedestrian accident attorneys today to learn more.

Our Results In Roadside/Pedestrian Accidents

At Aitken * Aitken * Cohn, we have extensive experience representing clients who have been injured in pedestrian accidents. We work hard to ensure our clients receive the compensation they deserve for their injuries. Some of our notable results include:

While our past success in representing clients injured in roadside accidents is noteworthy, it does not guarantee future outcomes. Every case is unique, with numerous factors affecting whether a pedestrian struck while crossing the street or walking on a roadside can secure compensation. Although we cannot promise substantial insurance settlements or jury awards in every instance, the experienced Orange County pedestrian accident attorneys at Aitken * Aitken * Cohn pledge to always represent our clients with diligence, respect, and compassion. We will fight tirelessly to achieve justice on your behalf.

“Chris Aitken represented us in a case where serious injury occurred to my husband while in a pedestrian crossing. Chris educated us on what we would be encountering during the case. His explanations were clear and responses to our questions were caring and thoughtful. Chris won our case with an excellent result.
We give Aitken Aitken & Cohn 5 Stars!”

J&T Hustwick – Client Review

What Are Pedestrian Accidents?

Pedestrian accidents occur when a vehicle strikes a pedestrian. They commonly occur at intersections with crosswalks, on roads with narrow shoulders and no sidewalk, when pedestrians cross a street outside of a crosswalk and in parking lots. Significant risk factors for pedestrian accidents include:

  • Time of day – accidents typically occur at times of limited driver visibility, such as at night and at dusk or dawn when the sun shines in drivers’ eyes;
  • Alcohol and drugs – drivers and pedestrians who have consumed intoxicating drugs or alcohol run a far higher risk of pedestrian accidents;
  • Driver and pedestrian distraction – whenever drivers take their eyes from the road, such as to text or adjust the radio, the risk of a pedestrian accident rises. It also rises when pedestrians walk with their eyes glued to phones or while listening to music that drowns out their surroundings.
  • Poor road design/condition/signage – roads with narrow shoulders, limited sight lines, and a lack of crosswalks and signs warning of pedestrians, pose a higher danger of pedestrian accidents.
  • Walking on the wrong side of the road – pedestrians who walk on road shoulders with their backs to oncoming traffic (in the U.S., that means walking on the right) run a far higher risk of accident than those who walk facing oncoming traffic (i.e., on the left).

Pedestrian accidents can cause devastating injuries regardless of the vehicle’s speed. In fact, severe and permanent disabilities often result from low-speed collisions, such as when a vehicle makes a “rolling stop” at a four-way intersection and hits a pedestrian in a crosswalk, or when someone backs into a pedestrian in a shopping center parking lot. Naturally, high-speed vehicles striking pedestrians can lead to traumatic injuries and even death.

Common injuries resulting from pedestrian accidents include:

Who Can Be Found At Fault For Orange County Pedestrian Accidents?

In California, pedestrians have the right of way when crossing at any marked crosswalk and at any intersection (even if it doesn’t have a marked crosswalk). This does not mean, as many people believe, that pedestrians always have right of way. Nevertheless, drivers should always yield when they see a pedestrian on the road.

After a pedestrian accident, it usually falls to police, insurance companies, and lawyers to identify who might have been at fault. Here are some of the parties they might identify:

Drivers. Since pedestrians often have the right of way, drivers involved in pedestrian accidents frequently bear significant responsibility and legal liability for the victim’s injuries. Aggravating factors that increase driver fault include speeding, committing other moving violations (e.g., failing to stop at a red light), driving while intoxicated, and texting while driving.

Employers. If a pedestrian accident involves a commercial vehicle during work hours and within the scope of the driver’s job responsibilities, the employer may also be legally liable for the victim’s injuries. Employers can be held accountable for failing to train drivers in safe driving practices or ensuring they remain sober on the job.

Municipalities and road engineers. Poorly designed and maintained roads pose dangers to both drivers and pedestrians. Road designers and municipal road departments may be held legally liable if they fail to construct and maintain safe roads, such as placing crosswalks in low-visibility locations (e.g., below the crest of a hill), posting improper speed limits, and neglecting to install and replace signals and signs.

Property owners. If a pedestrian accident occurs in a parking lot, the property owner may be legally liable for failing to design and maintain the lot safely. This can include inadequate lighting, signage, and turning radii.

Adults who serve minors alcohol. Under California Civil Code section 1714, any adult who serves alcohol to a minor at their residence can be held legally liable for any injuries caused by the minor’s intoxication, including injuries to a pedestrian struck by the minor while driving.

Vehicle/parts manufacturers. Though rare, a vehicle’s mechanical failure can lead to a pedestrian accident. In such cases, the manufacturer of the faulty vehicle or part may be held legally responsible for the victim’s injuries.

Pedestrians. In some instances, the pedestrian’s actions cause the accident. A pedestrian walking on the wrong side of the road, failing to wear visible clothing, not paying attention to their surroundings, jaywalking, or walking on limited access roadways may be found at fault for their own injuries.

What Damages Can Pedestrian Accident Victims Recover?

Victims of pedestrian accidents may be entitled to recover damages from the parties found legally responsible for their injuries. Those damages may include compensation for:

Medical expenses. Pedestrian accident victims often face significant medical expenses, including the cost of emergency and ongoing medical treatment, medications, physical therapy, and mental health counseling. The victim’s own health insurance may cover some of these expenses, but rarely covers all of them.

Lost wages. Pedestrians injured in collisions with vehicles often miss time at work while they recover. As a result, they may recover the wages lost during their convalescence as damages.

Lost earning potential. When a pedestrian accident results in permanent injuries and/or disabilities, the victim may never be able to work in the same capacity or at the same earning level as before the accident. Depending on the injury, the victim might be unable to perform essential job tasks. For example, a traumatic brain injury can hinder cognitive functions, while a physical disability can cause chronic pain during work hours. In severe cases, the victim may be unable to work at all or lose any chance of career advancement. In such instances, the victim may recover the “present value” of the future earning potential lost due to the accident.

“Aitken Aitken Cohn was honest, held integrity, and had concern for my wellbeing. My calls were always answered with honesty and they used resources to get me the best answers. “

L.E. – Client Review

Pain and suffering. The pain and suffering a pedestrian accident victim endures can be difficult to quantify. A skilled Orange County pedestrian accident attorney often works with experts to estimate the value of these damages.

Loss of companionship and support. When a pedestrian dies from injuries sustained in an accident or suffers severe injuries leading to the loss of major life functions, the victim’s spouse or family members may seek damages for loss of companionship and support. While the loss of companionship often refers to the loss of an intimate relationship, it also encompasses the loss of a partner who can engage in conversation and assist with household tasks. Loss of support typically refers to the loss of the victim’s income, which would have supported a spouse or family member.

Working with an experienced pedestrian accident lawyer can help establish the appropriate damages to seek after a pedestrian accident, and convince insurance companies and opposing parties to pay those damages.

How Do Those Liable for Pedestrian Accidents Try to Escape Liability?

Ideally, those responsible for a pedestrian’s injuries would admit their fault and compensate the victim fairly. Unfortunately, that’s rarely the case. Opposing parties, their lawyers, and their insurance companies often try to evade liability rather than doing the right thing. Here are a few ways they attempt to avoid their obligations:

Offering a Quick, Lowball Settlement: When it’s evident someone caused an accident, their lawyer or insurance company might offer a quick, lowball settlement before the victim has the chance to explore legal options. They hope to minimize their liability by getting the victim to accept a fraction of the real compensation and sign a waiver of all further claims.

Trying to Prove the Pedestrian Was at Fault: Under California law, the damages a person can recover are reduced by the percentage of their own fault for their injuries. Responsible parties will try to place as much blame as possible on the victim, claiming, for example, that they were intoxicated, distracted, or walking outside a crosswalk.

Pointing the Finger at Each Other: When multiple parties are potentially responsible for the victim’s damages, they may try to shift the blame to each other to minimize their own liability.

Working with a knowledgeable and experienced Orange County pedestrian accident attorney can help protect against these tactics.

How Much Does An Orange County Pedestrian Accident Lawyer Cost?

Victims of pedestrian accidents already face significant pain, difficulty, and expense, and shouldn’t have to worry about legal fees. At Aiken * Aiken * Cohn, we provide free initial consultations to assess if medical malpractice victims may be entitled to compensation. If we determine you have a case, our attorneys work on a contingency fee basis, meaning they are paid only if the lawsuit is successful or favorably settled out of court. Contingency fees are typically calculated as a percentage of the client’s net recovery.

Speak To An Orange County Pedestrian Accident Attorney Today

If you’ve been injured in a pedestrian accident caused by someone else’s negligence or wrongful conduct, you may be entitled to significant compensation. To ensure you protect your rights, it can be important to retain an attorney immediately. Contact the experienced Orange County pedestrian accident attorneys at Aitken * Aitken * Cohn today online or by phone to schedule a free consultation to discuss how we may be able to help.