Pedestrian Accidents: Understanding Your Rights and Legal Options

Bakersfield, CA, is primarily designed for automobile transportation, and its pedestrian-friendliness may vary depending on the specific neighborhoods and areas within the city. While efforts have been made to improve infrastructure in recent years, it is generally understood that the city faces several challenges in ensuring pedestrian safety. Nonetheless, the city has rectified the issue by adding crosswalks, sidewalks, and traffic signal systems. However, due to the layout, wide streets, high traffic volume in certain areas, and limited pedestrian infrastructure in some neighborhoods, pedestrians may need help in certain parts of the city.

Pedestrians in Bakersfield must exercise caution, follow traffic signals, use designated crosswalks, and stay vigilant while navigating the city on foot. Being aware of your surroundings and adhering to traffic laws can help ensure a safer pedestrian experience. However, if you or a loved one was injured on the road due to an accident, you must consult pedestrian accident attorneys to help you seek the restitution you deserve. The following article unpacks the rights of pedestrians in California.

Pedestrian Legal Rights After an Accident

Pedestrians have the right of way in crosswalks and intersections with traffic lights. They must follow traffic laws and signals and exercise caution when entering the roadway. On the other hand, drivers are legally required to yield to pedestrians crossing at designated crosswalks. Also, they must come to a complete stop until the pedestrian has crossed the road.

Right-of-way violations could result in serious pedestrian accidents. Pedestrians are particularly vulnerable on the road and tend to sustain traumatic and life-altering injuries when hit by a car. If you are a pedestrian hit by a negligent motorist, you may be entitled to financial compensation from the at-fault party.

As an accident victim, you have the right to compensation, and how you’re treated by the at-fault party, insurance company, or defense attorney falls under specific rules and protection. Your rights after an accident include the following:

Right Not to Provide a Statement

After an accident, you’ll likely receive a phone call from the driver’s insurance company requesting a written or recorded statement. You’re not obligated to do so. The best thing you can do now is to deny the request and speak with a lawyer.

Don’t be offended by the friendly nature of individuals from the insurance company. Insurance employees are trained to get you to let your guard down so they can use your statement to deny or reduce your claim.

Right to Seek Damages for All Losses 

Pedestrian accidents are more than broken bones, head injuries, and lacerations. They are traumatic physically, emotionally, and mentally. They can dramatically disrupt your life and leave you with long-term injuries or permanent disability.

When a driver’s negligence causes a pedestrian accident, you can seek damages for all financial, physical, and emotional damages. These may include compensation for:

• Past and future medical costs

• Loss of income

• Loss of earning capacity

• Pain and suffering

• Emotional distress

• Property damage

• Loss of companionship

• Lower quality of life

• Cost of renovating your home or vehicle to accommodate a disability

Working with a pedestrian accident attorney is important to ensure all damages are accounted for when pursuing a claim against the defendant.

Right to Legal Representation

You have the right to hire an attorney to represent you in the claims process and in all legal proceedings that may come up due to your accident. While this is not a requirement, working with an attorney often yields a fair settlement than attempting to negotiate with the insurance company yourself.

Legal Options for a Pedestrian Hit by a Car

If you’re involved in a pedestrian accident and experience any of the damages mentioned above, you have various legal options to recover compensation for all the losses you’ve endured. These legal options include:

Insurance Claims 

The first option is to file a third-party claim against the driver’s insurance company. Usually, the defendant’s auto insurance policy will cover all the damages if they are found to have acted negligently. To make a successful claim, you must provide solid evidence to prove the driver’s negligence and your damages.

Settlement Negotiations 

Most pedestrian accident cases are settled out of court. You can negotiate an out-of-court settlement with the driver’s insurance carrier. If successful, you’ll receive a lump sum and give up any rights to sue or seek additional damages.

Unlike lawsuits, settlement negotiations can be less time-consuming and less costly but must be handled with careful consideration of your legal rights and options.

Personal Injury Lawsuits

If the driver’s insurance company refuses to settle or offer a fair settlement, you may file a personal injury lawsuit against the driver. However, it’s important to remember that personal injury lawsuits can be expensive, time-consuming, and risky. But if it’s your only option when settlement negotiations fail to work, you need an attorney with courtroom experience to improve your chances of winning the case.

Bottom Line

Consider working with a pedestrian accident attorney to determine your case's legal option. An attorney can protect your rights, make sure your claim stays on track, and pursue the fullest compensation possible.

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