Oxnard Pedestrian Crash Leaves Victim Critically Injured: What Are Your Legal Rights?

Walking is a common mode of transportation and recreation. However, it comes with inherent risks. In Oxnard, like many urban areas, pedestrians are vulnerable to accidents that can result in severe injuries. If you or a loved one has been involved in an Oxnard pedestrian crash that leaves a victim critically injured, understanding your legal rights is crucial.

The Alarming Reality of Pedestrian Accidents

Across the nation, pedestrian accidents remain a significant concern. The National Highway Traffic Safety Administration (NHTSA) reported that 7,388 pedestrians were killed and an estimated 60,000 were injured in 2021. These numbers highlight the importance of pedestrian safety and the potential consequences of negligence on the road. While efforts are being made to improve pedestrian safety through infrastructure improvements and increased funding for safety education, accidents still occur. In Oxnard, 56 pedestrian deaths and injuries were reported in 2023.

Determining Liability in an Oxnard Pedestrian Accident

After a pedestrian accident, determining who is at fault is essential for pursuing a personal injury claim. Several factors are considered when establishing liability:

Driver Negligence: Drivers have a responsibility to exercise “all due care” to avoid hitting pedestrians. Negligence can include distracted driving (texting, using a cell phone), drunk driving, speeding, failure to yield the right-of-way at crosswalks, or disregarding traffic signals.
Pedestrian Rights-of-Way: California law grants pedestrians the right-of-way in marked and unmarked crosswalks. Drivers must slow down or stop, if necessary, to allow pedestrians to cross safely.
Pedestrian Responsibility: Pedestrians also have a responsibility to exercise caution and obey traffic laws. This includes using crosswalks when available, obeying traffic signals, and not suddenly stepping into traffic.
California’s Freedom to Walk Act: It is important to note that California’s Freedom to Walk Act allows pedestrians to cross the street outside of a crosswalk if it is reasonably safe to do so.

Common Causes of Pedestrian Accidents in Oxnard

Several factors contribute to pedestrian accidents. Some of the most common causes include:

Distracted Driving: Drivers who are not paying attention to the road are more likely to miss seeing pedestrians.
Failure to Yield: Drivers failing to yield the right-of-way to pedestrians in crosswalks is a frequent cause of collisions.
Speeding: Excessive speed reduces a driver’s reaction time and increases the risk of an accident.
Drunk Driving: Alcohol impairment significantly impairs a driver’s judgment and coordination, making pedestrian accidents more likely.
Right-of-Way Violations: Accidents often occur when drivers turn and fail to notice a pedestrian crossing with the right-of-way.
Limited Visibility: Pedestrians are harder to see at night, especially between 8 p.m. and midnight, which are the most dangerous hours.

Legal Rights and Options for Injured Pedestrians in Oxnard

If you or a loved one has been critically injured in a pedestrian accident in Oxnard, you have legal rights and options to pursue compensation for your losses.

Seek Medical Attention: Your health is the top priority. Get immediate medical attention, and follow your doctor’s instructions carefully.
Consult with a Personal Injury Attorney: An experienced Oxnard personal injury lawyer can evaluate your case, explain your rights, and guide you through the legal process.
Investigate the Accident: Gather as much information as possible about the accident, including the police report, witness statements, and photos of the scene.
Determine All Potential Sources of Compensation: Identify all parties who may be liable for your injuries, including the driver, their employer (if applicable), and any other negligent parties.
File a Claim: Your attorney can help you file a claim with the appropriate insurance companies to seek compensation for your damages.

Compensation Available to Pedestrian Accident Victims

Depending on the circumstances of your case, you may be entitled to compensation for the following damages:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and any necessary medical equipment.
Lost Wages: You can recover lost income from being unable to work due to your injuries.
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
Property Damage: If any of your personal property was damaged in the accident, such as a cell phone or glasses, you can seek compensation for repair or replacement.
Punitive Damages: In cases of gross negligence or intentional misconduct, you may be awarded punitive damages.
Wrongful Death: If a pedestrian accident results in a fatality, the victim’s family may be able to pursue a wrongful death claim. This can provide compensation for funeral expenses, loss of the victim’s income, and loss of companionship.

The Statute of Limitations in California Pedestrian Accident Cases

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In California, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. If a government entity is involved, you may have to file a claim within six months of the accident. Failing to file a lawsuit within the applicable statute of limitations can result in your claim being barred, meaning you lose the right to seek compensation for your injuries and damages.

How an Oxnard Personal Injury Lawyer Can Help

Navigating the legal complexities of a pedestrian accident claim can be overwhelming. An experienced Oxnard personal injury lawyer can provide invaluable assistance by:

Conducting a thorough investigation of the accident
Gathering evidence to support your claim
Negotiating with insurance companies
Filing a lawsuit, if necessary
Representing you in court
Maximizing your compensation

Recent Changes to California Law

California Assembly Bill 413, also known as “daylighting,” went into effect statewide at the start of 2025. This law prohibits stopping or parking a car within 20 feet of a marked or unmarked crosswalk. The Oxnard Police Department traffic unit will enforce this new law to increase the visibility of pedestrians and bicyclists entering the crosswalk.

Conclusion

If you or a loved one has been involved in an Oxnard pedestrian crash that leaves a victim critically injured, it is essential to understand your legal rights and options. By seeking medical attention, consulting with an experienced personal injury attorney, and gathering information about the accident, you can protect your rights and pursue the compensation you deserve.