Oakland Pedestrian Accident Lawyer
Pedestrian Accident Injury Attorney in Oakland, California
If you’ve been in a pedestrian accident, or think you might have been, you likely have a few questions you’d like answered. What constitutes a pedestrian accident? How is fault calculated in a pedestrian accident? Should you consider hiring a lawyer to help you? These questions are extremely valid, especially because you may feel confused or overwhelmed about what to do next.
According to statistics from the City of Oakland Department of Transportation, over 33% of pedestrian fatalities or severe injuries in 2015 and 2016 occurred due to drivers failing to yield at a crosswalk. Failing to yield to pedestrians is against the law, and we believe that if you have suffered injuries as a result of another’s negligence, you deserve to be compensated.
What Qualifies as a Pedestrian Accident?
Simply put, a pedestrian accident includes almost any instance where a pedestrian receives an injury. This may include an altercation with another pedestrian, and it may also involve any type of vehicle, bike, runner, or even dog.
Many pedestrian accidents occur when a driver fails to yield to a pedestrian in either a marked or unmarked crosswalk. This occasionally happens when a driver takes their vehicle off the road and onto the sidewalk in an illegal instance. These are both crimes, subject to fines or prison time, depending on the severity of the circumstances.
It must be noted some pedestrian accidents also include a jaywalking pedestrian, which is also illegal. In a case where a pedestrian is breaking the law, they may be found somewhat responsible for the accident and their actions.
California Is a Pure Comparative Negligence State
Fault in California, including the city of Oakland, is calculated based on pure comparative negligence. This means that more than one party in an accident may be at fault. In a pedestrian accident, the fault being distributed to more than one party may look like the following:
For example, a pedestrian accident may involve a driver who is distracted by their phone and a pedestrian who is jaywalking instead of using a crosswalk. While the driver caused the accident and is mostly at fault, the pedestrian also contributed to the accident due to their jaywalking.
In these circumstances, each party is assigned a percentage of fault, with the pedestrian having a lower percentage and the driver having a higher percentage due to their circumstances. Both parties may be able to collect damages, but only a percentage of compensation based on their amount of fault.
How Might an Oakland Pedestrian Accident Lawyer Be Able to Help?
An Oakland pedestrian lawyer may be able to help you if you’ve gotten into a pedestrian accident, whether you were a pedestrian involved in an incident or not.
Determine Next Best Steps
Depending on the specifics of your case, an Oakland pedestrian accident lawyer may be able to help you determine individual actions you may want to take following your incident. This may mean they’ll ask you to communicate with your insurance company, report the accident to the DMV, get medical attention, or avoid discussing your case with anyone other than your legal team.
Help You File an Insurance Claim
Especially if your case is complicated, you may need assistance conveying the circumstances of your accident to your insurance company. After collecting relevant information from you and other sources, a lawyer may assist you in filing insurance claims when necessary.
Collect and Analyze Evidence
Your lawyer may also be able to help you compile and collect evidence to build up a strong case in your favor. This may mean they investigate relevant evidence, help you collect witness statements, or gather footage from traffic cameras or private businesses in the accident’s surrounding area.
Negotiation
Because accident lawyers have an intimate understanding of accident law, your lawyer may be able to gain a strong understanding of your particular circumstances and argue your case effectively. Often, this will involve speaking with other legal representatives and insurance companies in order to sway a final decision regarding fault in your case. This means your lawyer might be able to help you maximize your potential compensation during negotiation.
In the rare cases where a case goes to trial, rather than staying in settlement stages exclusively, your lawyer may also be able to use negotiating power as well. This may mean they’ll try to convince the jury or judge to rule in your favor.
Get the Assistance You Deserve From a Setareh Law Oakland Pedestrian Accident Lawyer
Pedestrian accidents don’t need to feel complicated or overwhelming, especially if you hire a well-qualified and experienced personal injury lawyer from Setareh Law. We pride ourselves on treating our clients with compassion and connecting with them on a personal level, and this is excellently modeled by Daniel Setareh, our firm’s founder. Our personal injury team knows the law well, and we want to ensure our clients know we’re available to assist them during every step of the legal process.
We’re available to be contacted 24 hours a day, and we can speak about the specifics of your case in a no-obligation free consultation whenever you’re ready. If you’d like to talk to us about your pedestrian accident case in English or Spanish, complete our contact form or call us at (310) 659-1826.
