California Pedestrian Accidents: What’s Your Injury Claim Worth?

Each year, thousands of pedestrians are injured or killed on California roads. According to the California Office of Traffic Safety, there were over 14,000 pedestrian injuries and nearly 900 fatalities in 2019 alone. If you’ve been injured as a pedestrian due to someone else’s negligence, you may be wondering, “What is my California pedestrian accident injury claim worth?” Understanding the factors that influence the value of your claim is crucial to securing fair compensation for your losses.

Understanding California Pedestrian Accident Law

California law offers significant protections for pedestrians. Drivers have a responsibility to exercise reasonable care to avoid hitting pedestrians, and pedestrians must also take precautions for their own safety.

Pedestrian Right-of-Way:

California Vehicle Code Section 21950 states that drivers must yield the right-of-way to pedestrians crossing the road within any marked crosswalk or unmarked crosswalk at an intersection.
Drivers must stop at a crosswalk to allow a pedestrian who is in their half of the roadway to cross.
Pedestrians must obey traffic signals at intersections with electronic traffic control devices, waiting for the “Walk” signal before crossing.

Exceptions to Pedestrian Right-of-Way:

Pedestrians cannot leave a curb or other place of safety and walk into the path of a vehicle that is so close as to constitute an immediate hazard.
Pedestrians can’t cross the street without using a crosswalk, walking when a “no walk” sign is lit, or walking into immediate danger.

Comparative Negligence:

California follows a “pure comparative negligence” rule. This means that even if you are partially at fault for the accident, you can still recover compensation, although your award will be reduced by your percentage of fault. For example, if you are found to be 20% responsible for the accident, your compensation will be reduced by 20%.

Factors Influencing the Value of Your Claim

Several factors can influence the value of your California pedestrian accident injury claim:

Severity of Injuries: The extent of your injuries is one of the most critical factors. More severe injuries typically result in higher compensation amounts.
- Minor Injuries: Settlements for minor injuries like sprains, bruises, and minor fractures typically range from \$10,000 to \$75,000.
- Moderate Injuries: Settlements for moderate injuries can range from \$50,000 to \$150,000.
- Severe Injuries: Severe injuries such as traumatic brain injuries (TBIs), spinal cord injuries, multiple fractures, or permanent disabilities can lead to substantially higher compensation, often exceeding \$150,000 and potentially reaching \$1,000,000 or more.
- Medical Expenses: You can recover compensation for all reasonable and necessary medical expenses incurred due to the accident, including:
- Emergency treatment
- Hospital stays
- Surgeries
- Rehabilitation
- Ongoing care
- Lost Wages: You can recover compensation for lost wages if your injuries prevent you from working. This includes:
- Past lost wages
- Future lost earning capacity
- Pain and Suffering: You can recover compensation for the physical pain and emotional distress you have experienced due to the accident. Factors influencing pain and suffering awards include:
- Injury severity and permanence
- Impact on daily activities and quality of life
- Duration and intensity of physical pain
- Psychological effects including anxiety, depression, or PTSD
- Strength of medical documentation and expert testimony
- Property Damage: You can recover compensation for any property damage you sustained in the accident, such as damage to your clothing, cell phone, or other personal items.
- Liability and Fault: Proving the other party’s negligence is essential to a successful claim. Evidence that can help establish liability includes:
- Police reports
- Witness statements
- Surveillance footage
- Accident reconstruction expert testimony
- Insurance Coverage: The amount of available insurance coverage can also affect the value of your claim. California requires drivers to carry minimum insurance coverage, but serious injuries often result in damages exceeding these limits.
- Victim’s Pre-Existing Conditions: Pre-existing conditions can affect the value of your claim. The defense may argue that your injuries were caused by a pre-existing condition rather than the accident.
- Location of the Accident: Accident location can influence the value of your claim. Urban accidents typically yield higher settlements.

Types of Damages Available

In California pedestrian accident cases, you may be entitled to the following types of damages:

Economic Damages: These are tangible losses that can be easily calculated, such as:
- Medical expenses
- Lost wages
- Property damage
- Rehabilitation costs
- In-home care expenses
- Non-Economic Damages: These are intangible losses that are more difficult to quantify, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability
- Punitive Damages: In rare cases, punitive damages may be awarded if the defendant’s conduct was particularly egregious.

Steps to Take After a Pedestrian Accident

If you have been involved in a pedestrian accident, it is important to take the following steps:

Seek Medical Attention: The first and most critical step is to seek medical attention immediately. Some injuries may not be immediately apparent, and a medical evaluation can help ensure you receive the necessary treatment.
Report the Accident: Call 911 to report the accident to the police. A police report can provide valuable documentation of the incident.
Gather Information: Collect the driver’s name, contact information, driver’s license number, and insurance information. Also, gather contact information from any witnesses at the scene.
Document the Scene: Take photos and videos of the accident scene, including vehicle damage, visible injuries, road conditions, and any relevant traffic signals or signs.
Notify Your Insurance Company: Notify your insurance company of the accident.
Contact a Pedestrian Accident Attorney: A pedestrian accident attorney can help you understand your legal rights, investigate the accident, gather evidence, and negotiate with the insurance company to obtain a fair settlement.

The Statute of Limitations

In California, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the injury. This means you have two years from the date of the accident to file a lawsuit seeking compensation. There are exceptions to this rule:

If you were a minor (under the age of 18) at the time of the accident, the two-year window does not start until you turn 18.
If the at-fault party flees and cannot be found, the two-year deadline freezes until that person is located.
If a governmental employee caused your pedestrian accident, you have six months from your collision to give the state or municipal agency notice of your claim.

Common Causes of Pedestrian Accidents

Pedestrian accidents can occur for various reasons, but some of the most common causes include:

Distracted Driving: Drivers distracted by cell phones, texting, or other activities may fail to notice pedestrians in crosswalks or on the road.
Speeding: Drivers exceeding the speed limit have less time to react to pedestrians and are more likely to cause a collision.
Failure to Yield: Drivers failing to yield the right-of-way to pedestrians at crosswalks is a common cause of accidents.
Drunk Driving: Drivers under the influence of alcohol or drugs have impaired judgment and reaction times, increasing the risk of pedestrian accidents.
Poor Lighting: Pedestrian accidents are more common at night or in areas with inadequate lighting.
Unmarked Crosswalks: Drivers may not expect pedestrians to cross in unmarked areas, leading to collisions.
Turning Vehicles: Drivers making turns may fail to check for pedestrians in the crosswalk, resulting in an accident.

How a Pedestrian Accident Attorney Can Help

Navigating a pedestrian accident claim can be complex and overwhelming. A pedestrian accident attorney can help you by:

Investigating the accident and gathering evidence
Determining liability
Calculating your damages
Negotiating with the insurance company
Filing a lawsuit if necessary
Representing you in court

Conclusion

If you have been injured in a California pedestrian accident, it is essential to understand your legal rights and the factors that influence the value of your claim. While it’s impossible to say exactly what your claim is worth without a thorough case evaluation, understanding the factors discussed above will equip you to navigate the legal process. Contacting a qualified California pedestrian accident attorney can help you protect your rights and pursue the compensation you deserve.