Oakland Pedestrian Accident Attorney

Pedestrian accident victims often struggle to recover compensation, even if the accident was caused by the negligence of another driver. At Milanfar Law Firm, PC, we are here to help if you need an Oakland pedestrian accident attorney by your side. We will not hesitate to step in and handle communications with other parties involved, and our team will fully prepare your claim for trial if necessary. Let us get to work on your behalf today.

Turn to Milanfar Law Firm, PC for Help

  • At Milanfar Law Firm, PC, our experienced personal injury lawyers focus on innovative trial strategies, including highlighting the most extensive research techniques and technology to help tell clients’ stories.
  • We handle pedestrian accident claims in Oakland on a contingency fee basis, so clients never worry about legal fees until after we recover the compensation they need.
  • We have an extensive track record of success handling complex injury claims throughout the state of California, and we want to provide the same results for you.

Common Causes of Pedestrian Accidents in Oakland

According to data provided by the California Office of Traffic Safety, we can see that there were more than 10,000 total pedestrian accident injuries across the state during the most recent reporting year. The reality is that pedestrian accidents occur in a wide variety of ways, often due to the careless or negligent actions of other drivers.

Our team has extensive experience handling vehicle and pedestrian accident claims, and some of the most common causes of these incidents include drivers:

  • Going too fast for conditions
  • Failing to yield the right of way to the pedestrian
  • Operating while distracted
  • Operating while impaired by alcohol or drugs
  • Improper turning
  • Failing to stop at a stop sign or stop light

This is certainly not a complete list of the causes of pedestrian crashes in the Oakland area, and we encourage you to reach out to a skilled attorney who can help you through this process of investigating the accident case, determining liability, and recovering compensation.

How Much Compensation is Available for an Oakland Pedestrian Claim?

At Milanfar Law Firm, PC, our pedestrian accident attorneys’ goal is to help clients recover both economic and non-economic damages for their losses. We want to make sure clients are fairly compensated, and we know how crucial it is for clients to recover compensation for the following:

  • Emergency medical expenses
  • Follow-up hospital or doctor visits
  • Any needed surgical care
  • Physical therapy or rehabilitation
  • Prescription medications and medical devices
  • Lost wages if a victim is unable to work
  • Property damage expenses
  • Physical pain and suffering damages
  • Emotional and psychological pain and suffering damages

The total amount of compensation paid for a successful claim will vary depending on several factors surrounding each particular claim, including injury severity, how long it takes to recover, whether or not there was any shared fault, and other factors. Some injuries we cover may be catastrophic, including brain injury, spinal cord injury or wrongful death.

Common Causes of Pedestrian Accidents

Pedestrian accidents in Oakland often stem from the negligence of drivers and motorists. The following are the most frequently observed causes of pedestrian accidents:

  1. Failure to Yield Right of Way to Pedestrians: Motorists must prioritize pedestrian safety by yielding to them at intersections and marked crosswalks, even without a traffic signal. Pedestrians have the right of way when the traffic signal displays a “WALK” signal or a walking person symbol. However, pedestrians should exercise caution and avoid stepping out in front of vehicles that are too close to yield. Crossing during a “DON’T WALK” signal or solid hand is also prohibited.
  2. Distracted Driving: Engaging in activities like interacting with passengers, using mobile phones for talking, texting, video calls, or listening to music can lead to distractions, causing drivers to veer off the road and collide with pedestrians.
  3. Aggressive Driving: Speeding, disregarding blind spots, and running red lights or stop signs pose a significant risk to pedestrians and other motorists on the road.
  4. Unsafe Backing Up: Neglecting to check behind before backing up puts pedestrians at risk of being struck by a motor vehicle. Drivers should exercise caution and remain aware of their surroundings to prevent accidents while reversing their vehicles.
  5. Unsafe or Illegal Turns at Intersections: Impatient drivers often make unsafe or illegal turns at intersections, disregarding the right of way of pedestrians who have the legal entitlement. Such actions can result in collisions with pedestrians.
  6. Driving Under the Influence (DUI): Operating a vehicle while under the influence of alcohol or drugs significantly impairs reaction time and judgment. Pedestrians are particularly vulnerable to accidents caused by impaired drivers due to their smaller profile and decreased ability to respond quickly. It is crucial never to drive while intoxicated. If you observe someone else driving erratically, promptly report them to local authorities.
  7. Road Hazards: Cracked sidewalks, potholes, construction zones, improperly marked crosswalks, and defective signage contribute to pedestrian accidents by creating hazardous conditions on the road.

How is Fault Determined in a Pedestrian Accident Case?

Determining liability after a pedestrian accident occurs can be incredibly challenging. This process involves examining all of the available evidence, including possible evidence gathered at the scene, such as:

  • Photographs taken of injuries or damages
  • Statements from eyewitnesses
  • Surveillance footage from nearby cameras
  • The official accident report

In the days and weeks that follow a pedestrian accident, additional types of evidence may be needed to ascertain who caused the incident. This can include vehicle black box data, mobile device data, and even information provided by accident reconstruction experts.

What is Comparative Negligence in Pedestrian Accident Cases?

In some situations, liability for a pedestrian accident may not necessarily be clear. In fact, there are times when two or more parties share fault for the same incident. When there is shared fault, determining liability and how much compensation to payout becomes more challenging.

We can turn to California Civil Code § 1714 for guidance about how fault distribution works. This state operates off of a “pure comparative negligence” system that allows individuals to recover compensation regardless of their level of fault for the incident. Even if a person is 99% responsible for causing their own injuries, they could still, theoretically, recover compensation for the 1% that was not their fault.

The caveat to a pure comparative negligence system is that the total amount of compensation a person is able to collect gets reduced, depending on the person’s level of fault. For example, if a jury determines that an injury victim was 30% responsible for causing their own injury, they will receive 30% less compensation than they otherwise would have received for their claim.

What is the Time Limit for Filing a Pedestrian Accident Claim?

In California, there is a two-year time limit for filing a personal injury lawsuit following a pedestrian accident or injury. This two-year period is the standard timeframe, with certain exceptions that are explained below. Once this timeframe expires, the right to sue the responsible party may be forfeited unless the following exceptions apply:

  1. Delayed Discovery: This exception applies when you were unaware of your injury or unaware that someone else’s negligence caused your injury. The statute of limitations begins to run once you discover your injury or become aware of the negligence of another party.
  2. Defendant’s Departure from California: The second exception comes into play if the defendant leaves the state before the lawsuit is filed. When the other party is outside of California, the statute of limitations is paused. If the defendant returns to California, they may face additional legal consequences.

We encourage you to remain aware of any deadlines associated with the insurance carriers involved with the pedestrian accident claim. Often, insurance carriers require that a claim get reported relatively quickly after the incident occurs or they could delay or even deny the claim.

How Long Do Pedestrian Accidents Take to Settle?

There is no specific time frame for how long it will take an Oakland pedestrian accident claim to settle. The reality is that each case is different, and the timelines vary widely. For pedestrian accident claims that are relatively straightforward, meaning liability is clear, and insurance settlement could come within a few weeks or a few months after the incident occurs.

However, insurance carriers often push back from having to pay out fair compensation to an injured pedestrian in Oakland. In these situations, negotiations could drag on for quite some time, even more than a year. In the event the claim has to go to trial because the parties involved cannot reach an agreement, it could take a few years for the jury trial to get on the docket.

Do not let the possible time frame for your claim prevent you from taking the steps necessary to protect yourself. We encourage you to reach out to an attorney as soon as possible so you can protect your rights throughout this process.

Call an Oakland Pedestrian Accident Lawyer Today

If you or somebody you love has been injured in a pedestrian accident caused by the negligence of another driver in the Oakland area, reach out to the team at Milanfar Law Firm, PC for assistance today. We want to fully investigate every aspect of your claim and help you recover the compensation you need to get through this. If you need an Oakland pedestrian accident attorney, you can reach us for a free consultation of your claim by filling out our contact form or calling us at (925) 433-6003.