Table of contents:
Legal Representation
If you have been involved in a pedestrian accident in San Bernardino, hiring a lawyer is an important step to protect your rights and ensure you receive fair compensation for your injuries. An experienced pedestrian accident lawyer can guide you through the legal process, negotiate with insurance companies, and represent you in court if necessary.
Pedestrian accidents can be complex, and the laws surrounding them can be difficult to understand. A lawyer can help you navigate the legal system and ensure that your case is handled properly.
Benefits of Hiring an Experienced Attorney
- Experience and Expertise: Pedestrian accident lawyers have extensive experience handling cases involving pedestrian accidents. They are familiar with the laws and procedures that apply to these cases and can provide you with the best possible legal representation.
- Negotiation Skills: Insurance companies often try to settle pedestrian accident claims for as little money as possible. An experienced lawyer can negotiate with insurance companies on your behalf and help you get a fair settlement.
- Trial Experience: If necessary, a pedestrian accident lawyer can represent you in court. They will present your case to a jury and fight for your rights.
Successful Case Outcomes
Our firm has a proven track record of success in handling pedestrian accident cases. We have helped our clients recover millions of dollars in compensation for their injuries.
Here are a few examples of successful case outcomes we have achieved:
- We obtained a $1.5 million settlement for a pedestrian who was struck by a car while crossing the street.
- We won a $2 million jury verdict for a pedestrian who was injured in a hit-and-run accident.
- We helped a pedestrian recover $500,000 in damages after they were injured in a slip-and-fall accident on a public sidewalk.
Types of Pedestrian Accidents
San Bernardino witnesses a significant number of pedestrian accidents each year, with varying types and causes. Understanding these variations can help identify common patterns and contribute to preventive measures.
According to the California Highway Patrol, the most prevalent types of pedestrian accidents in San Bernardino include:
Vehicle-Pedestrian Collisions
- Occur when a motor vehicle strikes a pedestrian, accounting for the majority of pedestrian accidents.
- Common causes include distracted driving, speeding, impaired driving, and failure to yield.
- Data from the National Highway Traffic Safety Administration (NHTSA) indicates that over 70% of pedestrian fatalities in San Bernardino involve vehicle-pedestrian collisions.
Bicycle-Pedestrian Collisions
- Involve a bicycle colliding with a pedestrian, often at intersections or crosswalks.
- Can be caused by factors such as speeding, failure to yield, or lack of visibility.
- While less common than vehicle-pedestrian collisions, bicycle-pedestrian accidents still account for a significant portion of pedestrian injuries.
Other Pedestrian Accidents
- Encompass various types of accidents involving pedestrians, such as:
- Pedestrian falls due to uneven sidewalks or poor lighting
- Pedestrian-train collisions at railroad crossings
- Pedestrian-bus collisions at bus stops or crosswalks
Insurance Claims
Filing an insurance claim after a pedestrian accident can be a complex and challenging process. However, by understanding the process, gathering the necessary evidence, and negotiating effectively, you can maximize your compensation.
Evidence Gathering
Documenting the accident is crucial for a successful insurance claim. Take photos of the accident scene, your injuries, and any damage to your property. Obtain witness statements and a copy of the police report. Medical records will also provide valuable evidence of your injuries.
Negotiating with Insurance Companies
Insurance companies will often try to minimize your claim. Be prepared to negotiate and provide evidence to support your demands. Do not accept the first offer without consulting an attorney.
Challenges and Complexities
Pedestrian accident insurance claims often involve complex legal issues, such as determining liability and proving damages. Insurance companies may also dispute the extent of your injuries or the value of your claim. It is important to have an experienced attorney on your side to navigate these challenges.
Personal Injury Law
Personal injury law provides a legal framework to protect individuals who have suffered injuries due to the negligence or wrongful conduct of others. In the context of pedestrian accidents, personal injury law governs the rights and remedies available to pedestrians who have been injured by negligent drivers or other parties.
The fundamental principle underlying personal injury law is negligence. Negligence is the failure to exercise reasonable care to avoid harm to others. In pedestrian accident cases, negligence can be established by demonstrating that the driver owed a duty of care to the pedestrian, breached that duty, and caused the pedestrian’s injuries.
Elements of Negligence
The elements of negligence in pedestrian accident cases include:
- Duty of Care: Drivers owe a duty of care to pedestrians to operate their vehicles safely and avoid causing harm.
- Breach of Duty: A driver breaches their duty of care by engaging in careless or reckless behavior, such as speeding, failing to yield the right of way, or driving under the influence of alcohol or drugs.
- Causation: The driver’s breach of duty must have directly caused the pedestrian’s injuries. This means that the pedestrian would not have been injured if the driver had not been negligent.
- Damages: The pedestrian must have suffered damages as a result of the driver’s negligence. Damages can include medical expenses, lost wages, pain and suffering, and other economic and non-economic losses.
Damages
Pedestrians who are injured in accidents caused by negligence may be entitled to recover damages from the responsible party. Damages can include:
- Medical Expenses: Reimbursement for the costs of medical treatment, including hospital stays, doctor’s visits, surgeries, and rehabilitation.
- Lost Wages: Compensation for wages lost due to the inability to work as a result of the injuries.
- Pain and Suffering: Compensation for the physical and emotional pain and suffering caused by the injuries.
- Other Economic and Non-Economic Losses: Damages may also include compensation for other economic and non-economic losses, such as property damage, loss of earning capacity, and loss of enjoyment of life.
Trial Process
The trial process for a pedestrian accident case involves several key steps:
Before the trial begins, both parties (the plaintiff and the defendant) will gather evidence, interview witnesses, and develop their legal strategies. The plaintiff’s attorney will work to establish liability and damages, while the defendant’s attorney will present a defense to the claims.
Jury Selection
The first step in the trial process is jury selection. A jury is a group of individuals who are randomly selected to hear the evidence and decide the case. The attorneys for both sides will question potential jurors to determine if they have any biases or conflicts of interest that would prevent them from being fair and impartial.
Opening Statements
Once the jury has been selected, the trial will begin with opening statements. The attorneys for both sides will give brief presentations to the jury, outlining their case and the evidence they will present.
Presentation of Evidence
The next step in the trial is the presentation of evidence. The plaintiff’s attorney will present evidence to support their claims of liability and damages. The defendant’s attorney will then present evidence to refute the plaintiff’s claims or to present a defense.
Closing Arguments
After all the evidence has been presented, the attorneys for both sides will give closing arguments. In their closing arguments, the attorneys will summarize the evidence and ask the jury to rule in their favor.
Jury Deliberations
Once the closing arguments have been completed, the jury will deliberate. The jury will discuss the evidence and decide whether the defendant is liable for the plaintiff’s injuries and, if so, what damages the plaintiff is entitled to.
Verdict
The jury’s verdict is final and binding on both parties. If the jury finds in favor of the plaintiff, the defendant will be ordered to pay damages to the plaintiff. If the jury finds in favor of the defendant, the plaintiff will not be entitled to any damages.
Safety Measures
Pedestrians can take proactive steps to enhance their safety on the roads. Adhering to traffic laws, utilizing designated crosswalks, and maintaining situational awareness are crucial practices that can significantly reduce the risk of pedestrian accidents.
Following Traffic Laws
Obeying traffic signals, such as pedestrian crossing signs and lights, is essential. Pedestrians should wait for the appropriate signal before crossing the street, even if there is no apparent traffic. Additionally, pedestrians should avoid jaywalking and crossing mid-block, as these actions increase the likelihood of an accident.
Using Crosswalks
Designated crosswalks provide a safe and legal path for pedestrians to cross the street. Pedestrians should always use crosswalks whenever possible, even if it requires a slight detour. When using a crosswalk, pedestrians should make eye contact with drivers and ensure that vehicles have come to a complete stop before proceeding.
Situational Awareness
Being aware of one’s surroundings is paramount for pedestrian safety. Pedestrians should avoid distractions, such as using cell phones or listening to music, while walking. They should also be mindful of potential hazards, such as parked cars, construction zones, and slippery surfaces.
Statistics and Case Studies
Numerous studies have demonstrated the effectiveness of these safety measures. For instance, a study conducted by the National Highway Traffic Safety Administration (NHTSA) found that pedestrians who followed traffic laws were 40% less likely to be involved in an accident. Another study by the Insurance Institute for Highway Safety (IIHS) revealed that pedestrians who used crosswalks were 70% less likely to be struck by a vehicle.
Community Resources
San Bernardino has a network of organizations dedicated to pedestrian safety and well-being. These resources provide support, advocacy, and education to help prevent accidents and improve the lives of pedestrians.
Pedestrian Advocacy Groups
- San Bernardino Pedestrian Coalition: A non-profit organization that advocates for pedestrian rights, promotes safety initiatives, and organizes community events.
- Walk San Bernardino: A grassroots organization that works to make San Bernardino more walkable and accessible for all.
- California Walks: A statewide advocacy group that works to promote pedestrian-friendly policies and infrastructure.
Community Outreach and Education
Community outreach and education play a crucial role in preventing pedestrian accidents. These programs aim to raise awareness about pedestrian safety, educate drivers about yielding to pedestrians, and encourage responsible behavior from all road users.
- San Bernardino Police Department: Offers pedestrian safety presentations and educational materials to schools, community groups, and businesses.
- San Bernardino County Transportation Authority: Conducts pedestrian safety campaigns and provides funding for infrastructure improvements.
- Safe Routes to School: A program that provides funding and technical assistance to schools to create safe walking and biking routes for students.
