Pedestrian Accident Lawyer David Woolf

California pedestrian accident lawyer David Woolf is a personal injury attorney who represents pedestrians who have been hurt by someone else’s negligence. Most of the time, these pedestrians have been hit and hurt by a car. With our help, victims can often recover the compensation that they need and deserve to make a full recovery from the accident.

What is a pedestrian accident case?

A pedestrian accident case is a lawsuit by a pedestrian who has been hurt by someone else’s negligence. It is a type of personal injury case. The victim demands to be compensated by the negligent party.

Under California law, a pedestrian is someone who is:

• on foot, like a walker or a runner,
• getting around with a device propelled by human power but that is not a bicycle, like a skateboard or rollerblades,
• using an electrical personal assistive mobility device, like an electrical wheelchair, or
• in a self-propelled or motorized wheelchair because of a physical disability that keeps them from walking.¹

When these types of people are hit by a motor vehicle, they can suffer severe injuries.

What are some common causes of pedestrian accidents?

Pedestrian accidents can happen because:

• • a driver did not look for pedestrians before making a turn,
  • the motorist was drunk driving or was under the influence of drugs,
  • the driver was distracted or on his or her cell phone,
  • a bicyclist was going too fast on the sidewalk and hit someone who was walking,

• a defective car part broke, causing the driver to lose control and hit the pedestrian,
• an e-scooter rider crashed into someone on the sidewalk, or
• a driver ran a stop sign or stop light.

Many of these vehicle accidents involve a pedestrian getting hit by a negligent driver in a motor vehicle, like a car or truck. The vast majority of these traffic crashes occur in urban areas, where the number of pedestrians is relatively high.

What are some common pedestrian accident injuries?

Pedestrians often suffer the following common injuries in these types of accidents:

• cuts or lacerations, some of them life-threatening,
• road rash,
• broken bones or fractures,
• knee injuries, from the initial contact with a car’s fender,
• leg injuries,
• hip or pelvis injuries,
• foot, ankle, or lower leg injuries, especially if the victim’s foot remained planted in the immediate aftermath of the accident,
• whiplash,
• back injuries, including spinal cord injuries,
• concussions,
• traumatic brain injuries, and
• internal bleeding.

Some of the most serious injuries can lead to hundreds of thousands of dollars in medical treatment. Many severe injuries can also make it impossible for the victim to return to work in a full-time capacity.

Unfortunately, many traffic accidents involving pedestrians are fatal. These severe pedestrian crashes are more likely to happen when the:

• victim was hit by a drunk driver,
• accident was a hit-and-run, or
• driver ran through a traffic signal.

In a case involving a pedestrian fatality, a personal injury lawyer can file a wrongful death claim on behalf of the victim’s loved ones.

What compensation can an injured pedestrian recover in California?

Injured pedestrians can recover their legal damages in a personal injury claim in California. These legal damages encompass all of the losses that the victim has suffered because of the accident. They are not strictly limited to the cost of the victim’s medical care. Instead, they include:

• the medical bills that they have already paid, including for emergency medical attention,
• any reasonably foreseeable medical expenses that they are likely to accrue, in the future,
• lost wages,
• lowered earning capacity due to injuries that will negatively impact their professional life,
• pain and suffering,
• emotional distress, and
• the loss of consortium suffered by the victim’s family.

Victims can recover this financial compensation, even if they were partially at fault for the auto accident. California’s pure comparative negligence rule applies to these shared fault accidents. In these cases, the judge or jury hearing the case would put a dollar amount on the victim’s damages. Then they would state what percentage of fault the victim brought to the accident. Under pure comparative negligence, the victim’s verdict would be reduced by his or her percentage of fault for the accident.

For example: Jake was jaywalking when he was hit by a motor vehicle that did not yield right of way. The car accident case goes to trial and the jury finds that he suffered $100,000 in legal damages, but also that he was 25 percent at fault because he was not in a marked crosswalk. Jake would only recover $75,000 in California.

In some rare cases, the victim may also recover punitive damages. These damages go above the compensation that the victim needs to recover from the accident. They are imposed on defendants whose conduct was so egregious or disturbing that it needs to be punished.

How can a pedestrian accident lawyer help in my case?

A pedestrian accident attorney from a reputable law firm can help injured victims in 2 ways:

1. by maximizing settlement offers, and
2. by filing a pedestrian accident lawsuit, if the settlement is insufficient.

Soon after the pedestrian accident, the victim will likely be approached by an adjuster for the negligent party’s insurance company. The adjuster will examine the case and make an initial settlement offer to settle it out of court.

This initial offer is designed to be enticing to the victim, but also to offer as little as possible. It is an attempt by the insurance company to make the case go away at minimal expense.

Victims who get legal advice and representation from a pedestrian accident lawyer often see a much higher initial settlement offer than those who do not hire a lawyer. Pedestrian accident victims who receive an offer and then hire an attorney frequently see the offer increase significantly. Perhaps most importantly, victims can better understand what their legal rights are, as well as what a fair settlement offer looks like.

If it is refused, the initial settlement offer is often only one of many. Lawyers for the negligent party and the victim’s personal injury attorney will conduct their own investigation of the accident. This often turns up new evidence that was not in the police report, and that will alter subsequent offers.

If no offer is acceptable and the statute of limitations is approaching, a personal injury attorney can file a pedestrian accident claim against the negligent party. A trial date will be set. Settlement negotiations, however, will continue. A deal can be struck at any point, right up to the jury’s verdict. If none is made, each side’s lawyers will present their case at trial. The jury will decide how much compensation the victim is entitled to receive.

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