Stockton Pedestrian Accident Lawyer

Pedestrian Accident Injury Attorney in Stockton, California

What This Page Covers

• Common Causes of Pedestrian Accidents: Detail typical factors leading to pedestrian accidents, such as distracted driving, speeding, and poor visibility.
• Liability: Accidents can be caused by drivers, property owners, government employees, construction crews, and rideshare employees.
• Benefits of Filing: Filing claims helps control the narrative and secure compensation for various losses, including wages, medical expenses, and emotional distress.
• Setareh Law: We specialize in pedestrian accident claims and can help you with managing deadlines, gathering evidence, and ensuring you focus on recovery.

The term “pedestrian” applies to any party walking on the side of the road in the Stockton area. You may be considered a pedestrian if you’re walking home from work, walking between bars with friends, or waiting for a city bus. With that in mind, people in any of these states qualify for the duty of care owed to pedestrians throughout Stockton.

If you feel another party has violated the duty of care owed to you as a pedestrian, you do not have to live with the related losses. You can bring your injuries, property damage, and other concerns to a Stockton pedestrian accident lawyer. Setareh Law can help you pave a path toward pedestrian accident compensation via negotiations or a civil trial.

Who Can Cause Pedestrian Accident Claims in Stockton?

Pedestrian accidents aren’t only caused by California motorists. While motorists may seem like the natural forces behind these collisions, other liable parties can include:

• Negligent property owners
• Negligent government employees
• Construction crews
• Truck drivers
• Rideshare employees

Determining who to name as liable for your pedestrian accident losses can be a challenge, particularly if you’re not sure how your accident occurred in the first place. Our attorneys can spearhead an investigation into your losses, though, to better understand the story of your accident.

Do note that the identity of the party liable for your losses can change how you approach your post-accident legal options. For example, taking up a claim against a negligent property owner demands less expedited work than a claim filed against negligent government officials. Our team can outline your plan of action based on the evidence we find at the scene of your accident.

Should You File a Pedestrian Accident Claim?

There are several benefits to your pursuit of a pedestrian accident claim. To start, these claims allow you to control the narrative surrounding your accident. 

In turn, you can use evidence found at the scene to establish someone else as liable for your losses.

What’s more, filing a pedestrian accident claim allows you to demand compensation for your accident-related losses. You can have a liable party pay you non-economic and economic damages based on the severity of your accident. These expenses can include:

• Wages lost while recovering
• Medical expenses related to your accident
• The replacement/repair of property damaged in a pedestrian accident
• Lost opportunities for employment
• Emotional distress
• Pain and suffering
• Wrongful death and funeral expenses, if relevant

You can discuss what compensation your accident may entitle you with one of our pedestrian accident attorneys in Stockton, CA.

When Should You File a Pedestrian Accident Claim?

You have a limited amount of time to bring together the information you need to file a comprehensive pedestrian accident claim. Specifically, the California Code of Civil Procedure section 335.1 limits your composition deadline to two years from the day you endure your pedestrian accident.

In this two-year period, you need to bring together all of the information that you believe may be immediately relevant to your pedestrian accident. This can include the name of the party who caused your accident and evidence proving their role in your losses. It should also include an estimate of the compensation a liable party owes you for your pedestrian accident.

Pedestrian Accident Attorneys Keep On Top of Relevant Filing Deadlines

Instead of letting the stress of composing a complaint delay your recovery, though, you can rely on outside sources to bring your pedestrian accident case together. Setareh Law specializes in helping our clients bring together pedestrian accident claims. You can trust us to gather the information relevant to your case well within your deadline.

You can also request our services after the statute of limitations for your case has passed. While it can be difficult to secure a court date outside of a personal injury statute of limitations, our team can still discuss your legal options.

Examples of Negligence in Stockton Pedestrian Accident Claims

Pedestrian accidents are often the result of negligent behavior, leading to severe injuries and even fatalities. Understanding the common causes of these accidents can help in identifying responsible parties and taking preventive measures. Below are a few of the primary causes of pedestrian accidents caused by negligence:

• Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted often fail to notice pedestrians, leading to accidents.
• Speeding: Speeding reduces a driver’s reaction time and increases the severity of pedestrian accidents.
• Failure to Yield: Unfortunately, many collisions happen when negligent drivers fail to yield the right of way to pedestrians at crosswalks or intersections.
• Impaired Driving: Drivers who get behind the wheel while under the influence have impaired judgment and reaction times, making them more likely to hit pedestrians.
• Disregarding Traffic Signals: Running red lights or stop signs often results in collisions with pedestrians who are legally crossing the street.
• Poor Visibility Conditions: Driving in low light or adverse weather conditions without proper attention or headlights increases the risk of hitting pedestrians.
• Illegal Turns: Making illegal or unsafe turns can put pedestrians in danger, especially at intersections.
• Parking Lot Accidents: Drivers not paying attention in parking lots or backing up without looking can easily hit pedestrians.

Understanding these examples of negligence can help prevent accidents and hold negligent parties accountable. If you have been involved in a pedestrian accident caused by negligence, it is vital to seek legal assistance to safeguard your rights and secure fair compensation.

How to Prove Liability in a Pedestrian Accident Claim

Proving liability in a pedestrian accident case often hinges on establishing that the driver was negligent. To pursue a successful claim, four key elements of negligence must be demonstrated. Here’s an explanation of each element and how it applies to pedestrian accident cases:

Duty of Care

The first element involves showing that the driver owed a duty of care to the pedestrian. Drivers have a legal duty to operate their vehicles responsibly and follow traffic laws, ensuring the safety of all road users, including pedestrians.

Breach of Duty

The next step is to prove that the driver breached this duty of care. This occurs when a driver acts in a way that a reasonably prudent person would not, such as by speeding, running a red light, or driving while distracted.

Causation

Your attorney must establish that the driver’s breach of duty directly caused the accident. The pedestrian must demonstrate that their injuries were a direct result of the driver’s negligent actions, establishing a link between the breach and the harm suffered.

Damages

Finally, your attorney must show that you suffered losses as a result of the accident. This can include physical injuries, medical expenses, lost wages, and emotional distress.

By establishing these four elements, a pedestrian accident lawyer can build a strong case for liability. This involves gathering evidence such as witness statements, traffic camera footage, police reports, and medical records to support each element of negligence.

Evidence in Pedestrian Accident Claims

Gathering solid evidence is crucial in building a strong pedestrian accident claim. The right evidence can establish liability and support your case for compensation. A few essential types of evidence typically used in pedestrian accident claims include the following:

• Witness statements
• Traffic camera footage
• Police reports
• Medical records
• Photographs
• Expert testimony

Collecting and preserving this evidence promptly is vital to ensure a strong case. An experienced pedestrian accident attorney from Setareh Law can help gather and organize the necessary evidence to aggressively advocate for your rights and secure the compensation you deserve.

Do You Need to Contact an Attorney Before Filing a Pedestrian Accident Claim?

You do have the option to pursue a pedestrian accident claim without the assistance of a professional. Doing so, however, can put you in a precarious legal position. It’s often in your best interest to get in touch with a Stockton pedestrian accident attorney as soon as you can after your accident.

For example, parties who don’t contact an attorney after a pedestrian accident can accidentally talk themselves out of their right to legal action. These parties can sign settlement agreements without estimating the total value of their case. 

Alternatively, a liable party may claim that your attempt to apologize after a pedestrian accident constitutes an admittance of guilt. Without an attorney, you may struggle to challenge that claim. It’s our job to prevent these oversights from hindering your case. In other words, we want to make the process of pursuing accident compensation as straightforward as possible.

Ways An Experienced Pedestrian Accident Attorney Can Help You

Being involved in a pedestrian accident can be a traumatic experience, leaving you with physical injuries, emotional distress, and financial burdens. Navigating the legal complexities on your own can be overwhelming. This is where a skilled lawyer from Setareh Law can provide invaluable assistance, including the following:

• Expert Legal Guidance: We can provide expert legal guidance to help you understand your rights and options.
• Thorough Investigation: We will conduct thorough investigations to gather evidence and build a strong case.
• Negotiation with Insurance Companies: Our skilled attorneys handle negotiations with insurance companies to ensure you receive fair compensation.
• Medical Bill Management: We can assist in managing and negotiating medical bills to alleviate financial stress.
• Representation in Court: If necessary, one of our lawyers will represent you in court to fight for your rights and obtain the compensation you deserve.
• Emotional Support: Our attorneys provide emotional support and reassurance throughout the legal process.

By entrusting your case to Setareh Law, you can focus 100% of your energy on your healing and recovery while we handle every detail of your claim.

Get to Know Your Representatives

Don’t let a fear of commitment prevent you from contacting a lawyer after a pedestrian accident. You don’t have to commit to an attorney’s services straight off the bat. Instead, schedule a free consultation with our firm. You can see if our services suit your case and determine how to move forward only if such a partnership seems appropriate.

Setareh Law Advocates for Pedestrian Accident Survivors in Civil Court

You can bring your concerns regarding your pedestrian accident injuries and other losses to Setareh Law. Our attorneys have the experience to assess your losses and determine what your civil case might look like if you brought it forward in civil court. We can then represent you should you choose to move your case forward.

Pursuing a pedestrian accident case doesn’t require you to learn legalese or even pursue an investigation on your own. Instead, you can work with our pedestrian accident lawyers in Stockton to work out your approach to your case. We also speak Spanish. Contact us online or by calling (310) 659-1826 to get your free case consultation on the books. 

Stockton Location

110 N San Joaquin St FL 2, #22,

Stockton, CA 95202