Injured in a Pedestrian Accident?
Our Oakland Pedestrian Accident Lawyers Are Here to Help
As people overcrowd California’s highways and roads with more vehicles, it has become increasingly popular to use alternative forms of transportation like walking. This is especially true here in Oakland and across the Bay Area. However, when vehicles collide with our city’s pedestrians, catastrophic and deadly injuries often occur. Recovering from a pedestrian accident is painful, time-consuming and expensive. Without help, victims can soon find themselves overwhelmed by bills, and if they are unable to work while healing, the situation can seem hopeless. However, there are legal solutions for these victims and their families. Consulting the right pedestrian accident lawyer can help the injured and their families keep their lives afloat.
The Oakland personal injury attorneys at Heinrich Law, PC are dedicated to providing the legal help these victims need. With her 20 years of experience defending insurance companies, before switching sides to only represent the victims of these pedestrian incidents, our founder, Marjorie Heinrich, knows the strategies the insurance companies use. This gives her a unique advantage when facing off against insurance companies and other liable parties. In one case, Marjorie’s experience in the insurance industry helped the client resolve a situation before a lawsuit was even filed. That client received $1.1 million after being hit by a truck while crossing the street in downtown Oakland. Though every case has a different outcome, this case does show that our experience is a powerful tool for the victims of pedestrian accidents and their families.
How Do I Know If I Can Pursue a Pedestrian Accident Claim?
Did you know that pedestrians in the state of California always have the right-of-way? That means that when you cross intersections, roundabouts and crosswalks around Oakland and the Bay Area, drivers must yield. That being said, safety rules from the California Department of Motor Vehicles recommend pedestrians yield their right-of-way if it will avoid a collision. However, there are circumstances when going that far still isn’t enough to prevent an accident.
When a driver is paying more attention to texting than the road, or if a driver decides to get behind the wheel after having a drink, tragedy can result. In those situations, the laws of California provide legal guidance to hold responsible parties liable. This can help victims pay for damages associated with the accident, such as medical bills and lost income. Victims can either file a claim with the driver’s insurance company or file a civil lawsuit against the at fault driver. Sometimes the victim can even file a claim against their own automobile insurance company for compensation.
- Filing an Insurance Claim – Many auto insurance policies cover the damage caused in an auto pedestrian accident. This coverage can be on the driver’s insurance, or if you have the right type of auto policy, your own insurance may be able to cover your damages. However, there are a few details to be aware of before filing a claim. Most insurance adjusters are going to try to settle your claim for the lowest amount they can manage. Once the settlement with the insurance company is signed, it will often prevent you from taking the responsible party to court in the future. This makes consulting an Oakland pedestrian accident lawyer vital to ensuring that you get the compensation that you need and deserve.
- Filing a Civil Lawsuit – Pedestrian accident victims may have the option to file a civil lawsuit against the driver of the vehicle that hit them or their loved one. For this process to be successful, the victim must prove through a preponderance of evidence that the other party was negligent in causing the crash. This can be done by showing that the driver had a duty to the pedestrian they hit, and then further proving that the driver breached that duty. However, this is not the only hurdle a pedestrian accident lawsuit must climb. The victim must prove that if not for that breach of duty, they would not have been injured. If this sounds complex, it is only the beginning when it comes to sorting out a pedestrian accident lawsuit.
What Acts of Negligence Can Cause a Pedestrian Accident?
There is a long list of actions that can be considered negligence. Here are just a few that commonly cause car vs pedestrian accidents.
- Texting while driving
- Talking on the phone while driving
- Applying makeup while driving
- Eating while driving
- Adjusting the radio while driving
- Watching a live stream while driving
- Not watching where you are driving
- Swerving erratically
Were You Hit by a Car While Walking? Call Our Oakland Pedestrian Accident Lawyers Today
There are still many other factors that could affect a pedestrian’s ability to recover damages after being hit by an automobile. In some cases, the driver’s employer could be held liable. In other instances, a government agency could be viewed as the responsible party. Without consulting an experienced Oakland pedestrian accident lawyer, struggling victims and their families could miss out on the compensation they need to pay bills and medical expenses and compensate them for their pain and suffering.
Here at Heinrich Law, PC, we understand the devastation a serious injury can cause. We have attorneys who are here to help. Call us at (510) 570-1608 or fill out our online contact form for a free consultation.