Modesto Pedestrian Accident Lawyer
Maison Law Accident & Injury Lawyers of Modesto represent pedestrians who have had their lives altered due to an accident with a motorist. Whether your accident occurred at a crosswalk, on the road, or you were partially at fault for the accident, we can help. We understand how quickly a single careless act by a driver can cause a person to suffer a lifetime of extensive medical treatment and insurmountable financial loss.
That’s why we seek financial justice for injured pedestrians in Modesto and ensure they’re compensated to the fullest extent. Protect your right to compensation and contact Maison Law Accident & Injury Lawyers today for a no-cost, no-obligation consultation.
When Should You Hire a Modesto Pedestrian Accident Lawyer?
If you’re like most people in modesto, you’re probably not expecting to be hurt in an accident when you’re just walking to a store or having a nice stroll with your family. Unfortunately, though, a pedestrian accident is one of the most common you’ll find in the city, especially in certain areas and conditions.
That said, legal action may not be necessary if your accident or injuries are minor. On the other hand, if your injuries are more serious, having our firm on your side can help. Our services include negotiation with insurance companies for fair settlement offers, leveraging our experience to your advantage. We protect your rights against unfair tactics and handle paperwork, reducing stress and allowing you to focus on your recovery.
Each pedestrian accident case is unique, so reach out for personalized advice. We provide free consultations and work on a contingency-fee basis, meaning no upfront costs for you.
What You Need to Do After a Pedestrian Accident
One of the things that makes a pedestrian accident so tough is that it’s very likely to be injured in them. This isn’t surprising, given the fact that you have no protection against a moving car. While there’s certain ways you can try to avoid these accidents, sometimes they’re unavoidable. So, if you’re involved in one, it’s important to know how to respond in the right way. Here’s what you should do:
- Call 911 and get medical care right away. Get further medical care at a hospital if your injuries are more serious.
- Collect contact and insurance information from all involved parties for future reference in the claims process.
- Gather evidence by taking photos or videos of the accident scene and any damage to support your case.
- Don’t admit fault or apologize, as it may imply fault and potentially weaken your case.
Damages to Include in a Pedestrian Accident Claim
The main goal of filing an injury claim is to recover damages, which is simply the legal term relating to the losses from your injuries. This covers a wide range of potential problems, but by filing an insurance claim or lawsuit, you can potentially recover things like:
- Medical expenses – These are meant to cover hospital bills, doctor visits, prescriptions, therapy, and rehabilitation costs.
- Lost income – These damages relate to any lost wages from missed work or loss of earning potential if you can’t work anymore.
- Property damage – This covers repair or replacement costs for items lost in the accident, such as clothing or personal belongings.
- Pain and suffering – These are related to the physical pain and mental anguish you go through because of the accident. You can get separate damages for any emotional distress, like depression or anxiety.
- Loss of enjoyment of life and companionship – These cover the inability to enjoy things the way you did prior to the accident, and can also include damages for any negative impact on relationships with loved ones.
Recoverable damages depend on the accident’s circumstances, but remember that California follows “comparative negligence,” meaning your potential damages are adjusted based on each party’s level of fault. Even if partially at fault, you can still pursue damages for injuries, though the amount may be reduced accordingly.
What is the Typical Settlement Amount for a Pedestrian Accident Injury in Modesto?
There is no average compensation for pedestrian accident injuries. The result of every personal injury lawsuit varies on a case-to-case basis, so it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:
- The severity and permanence of your injuries
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
- Loss of earnings
- Future and present medical treatments
It is proven that payouts for pedestrian accident injury victims tend to be higher for those represented by an attorney than those who took legal action without representation.
Average Settlement for Pedestrian Accidents Based on Injury
The severity of your injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
Common Injuries after a Pedestrian Accident
Again, being in an accident as a pedestrian is going to mean injuries. While they can vary from accident to accident, most often they result in:
- Head Injuries – From concussions to severe brain trauma, head injuries range in seriousness. Seek immediate medical care for symptoms like headaches, dizziness, or memory problems.
- Broken bones – These accidents often lead to broken bones in arms, legs, ribs, or pelvis.
- Spinal injuries – These can cause partial or full paralysis, impacting mobility and bodily functions.
- Internal injuries – Damage to organs or bleeding inside the body can be serious and may not show immediate symptoms.
- Cuts and bruises – Even minor cuts and bruises need proper care to prevent infection and complications.
- Psychological trauma – Witnessing or being in a pedestrian accident can lead to PTSD, anxiety, or depression.
Obviously, you could be facing one or multiple of these injuries in your pedestrian accident. This makes your recovery very important, and a part of that is the actual legal process you’ll go through. The first step in that process is figuring out who is responsible.
Who’s Liable in a Pedestrian Accident?
As you might expect, establishing liability is key in any pedestrian accident, just like in any other injury claim. Liability typically rests on negligence, focusing on who failed to fulfill their duty of care to ensure pedestrian safety. This responsibility may fall on various parties, including:
- Drivers involved in the accident
- Other pedestrians
- Drivers not directly involved
- Motorcyclists or bicyclists
- City or state authorities
- Construction companies or crews
- Garages or mechanics
- Vehicle manufacturers
While drivers are often the primary focus, other factors like road conditions or pedestrian behavior may also contribute to liability. Instances where you may share fault may involve crossing the street improperly or ignoring traffic signals.
How to Know if You Have a Case After a Pedestrian Accident
As a pedestrian in Modesto, you are entitled to a duty of care from the surrounding vehicles. That means that they must yield to you when they can. In most cases, that means that when a pedestrian is struck by a car in Modesto, the car is at fault and the injured victim has a case.
If you suffered any type of injury due to another person’s actions, then you have the right to file a personal injury claim against the driver. Knowing you have a personal injury case is one thing, but ensuring you have a strong personal injury case is where Maison Law Accident & Injury Lawyers of Modesto can help you.
While most injured pedestrians have a case and are deemed not at fault, any of these factors can strengthen your personal injury claim:
- You’ve suffered severe injuries. Unfortunately, serious and verifiable injuries are a part of a strong personal injury case. If you do not have a record or evidence of serious injury, then you won’t have much ground to stand on when making a demand for compensation. Our firm will connect you with trusted doctors, surgeons, and orthopaedists to document the extent of your injuries.
- The defendant admitted fault. Admission is a powerful tool our firm uses to bolster the facts of your case. Through interrogatories and depositions, we form the right questions to get to the truth of the matter, especially if the defendant is at fault.
- The incident was caught on camera. Dash cams, traffic cams, and eyewitnesses may have caught your pedestrian accident. Undeniable evidence such as footage of the incident can make your request for fair compensation undeniable. Our firm will help you obtain the necessary evidence to strengthen your case and make your statements irrefutable.
- Defendant has a history of carelessness. If the driver that injured you in your pedestrian accident has a bad driving record, this can strengthen your case. It is not uncommon for defense attorneys or the insurance to attempt to place blame onto you for your injuries. But if the defendant has a history of poor driving, then it will be difficult to argue that you were at fault.
- You’ve taken the right steps. After a serious injury, it is expected to seek medical treatment and to continue treating your injury. A lapse in treatment may seem like you’re not that injured, or it has not seriously impacted your life. Our attorneys will help you manage your treatment and make sure you are taking all the correct steps to reach a successful settlement.
Strong Evidence for a Pedestrian Accident in Modesto
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For instance, if you’re crossing the street while looking down at your phone, or doing something else besides watching the road, you can be found partially liable if you’re struck by a vehicle. Maybe you weren’t looking at your phone, but the driver says you were. What do you do?
For these reasons, it is important to have an attorney at Maison Law Accident & Injury Lawyers to help you navigate these legal complexities. In this case, the stronger the evidence, the stronger your claim will be. And a strong claim typically leads to a fair settlement.
Strong evidence in a pedestrian accident claim includes:
- The police report, as well as any additional documentation related to the accident
- Photos and videos of the scene. This could include
- Eyewitness statements
- Dash cams
- Traffic cams
- Security cams
- Eyewitness testimony
- A medical report of your injuries from a doctor
- Income statements, which show your lost wages
- Related medical bills
Comparative Negligence in a Modesto Pedestrian Accident
In California, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
In most cases, drivers are the at-fault party in pedestrian accidents, however, there can be exceptions. Contrary to popular belief, pedestrians do not always have the right-of-way. Let’s say you’re in a hurry to get something to eat on the other side of the street and you attempt to run across the crosswalk when the crossing light is indicating you not to walk. You’re struck by a vehicle that was also in a hurry and ran a red light. In this case, you can be assigned a percentage of the fault for crossing the street when you were not supposed to.
In this hypothetical scenario, you could be found by a jury to be at 40% fault for your injury. This would leave the driver with 60% of the fault for not being more aware of a person in the street. So, if the final verdict rewards the injured pedestrian with $200,000, they will get $120,000 because their compensation will be reduced by the 40% they were found at fault.
Who is Considered a Pedestrian in Modesto?
Right-of-way laws in combination with common courtesy, as well as common sense, are used to help promote traffic safety in Modesto. Unfortunately, drivers can and will make careless decisions on the road, often causing an accident with other people walking, biking, or driving.
According to the California Office of Traffic Safety, there are over 100 pedestrians injured by vehicles every year. Many times, these preventable collisions are due to drivers ignoring signs, signals, or markings where pedestrians may be crossing.
In Modesto, a pedestrian is considered anyone who is:
- Walking
- Riding a motorized assistive mobility device
- Riding something that is propelled by their own efforts, other than a bicycle
People using the following devices for transportation are also considered pedestrians:
- Skateboards
- Scooters
- Rollerskates
- Rollerblades
- Skis
- Wheelchairs
- Crutches
The following transportation devices are NOT considered pedestrians:
- E-scooters
- Hoverboards
- Motorized bikes
- Bicycles
- E-bikes
Pedestrian Rights in Modesto
California has laws to protect pedestrians walking along sidewalks, crossing intersections, or using the street. According to California Vehicle Code 21950, all drivers in California are required to yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. This affords pedestrians protection when walking near or across traffic. Other rights afforded to pedestrians include:
- Sidewalk Precedence: Vehicles turning into parking lots or driveways must yield to pedestrians on the sidewalk.
- Signal Compliance: Drivers, as well as bicyclists, must adhere to traffic signals to allow pedestrians safe crossing at intersections.
A violation of these laws is not only illegal, but it also gives you the right to pursue compensation for damages if you’re injured in a pedestrian accident.
Pedestrians' Rights at a Modesto Crosswalk
According to California Vehicle Code Section 21950, drivers must adhere to the following safety laws when approaching a crosswalk:
- All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
- A driver must stop before the line, not in the middle of the crosswalk.
- A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
- Drivers are not permitted to pass stopped vehicles, while pedestrians are allowed to cross at a crosswalk.
In the state of California, the term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk.
However, it is important to know that a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.
Is Jaywalking Illegal in Modesto?
Jaywalking in the state of California is illegal. However, it is not a legally defined offense within the states or Modesto’s written statutes. But as of 2023, police are no longer permitted to stop pedestrians and issue citations for jaywalking unless the person jaywalking is creating a hazard, according to Pacific Coast Business Times. Jaywalking is mostly a common term used to describe ways pedestrians cross the street that may be against the law. Jaywalking is often considered:
- Crossing the street when there is no crosswalk
- Crossing the street outside of a crosswalk
- Crossing the street where there isn’t an intersection
- Ignoring traffic signs instructing pedestrians not to cross
- Ignoring street lights that say “Don’t Walk”
So, while jaywalking is not a legally defined term, it can be seen as a careless act that could potentially hurt your case if you’re involved in a pedestrian accident.
Do Pedestrians Have the Right-of-Way Outside of Crosswalks in Modesto?
Pedestrians’ right-of-way outside of crosswalks is covered by California Vehicle Code 21954. This statute says all pedestrians on roadways at any point other than within marked crosswalks or unmarked crosswalks must yield the right-of-way to all vehicles.
According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute further defines crosswalks as:
“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”
So, if a pedestrian is hit outside of a crosswalk, they can be partially at fault for their injuries, depending on the situation. However, in the state of California, even if you were at fault for your injuries, you are still entitled to compensation through Comparative Negligence.
Contact a Modesto Pedestrian Accident Lawyer
If you or a loved one has been injured in a pedestrian accident in Modesto, the Maison Law Accident & Injury Attorneys are standing by to help you get the compensation you need. We understand the enormous medical costs associated with vehicle accidents and will aggressively pursue a settlement to match the full extent of your damages, even if you were at fault for your injuries. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact us today for a free, confidential consultation. Our firm operates on a contingency basis, so you will not have to pay a cent unless we win your case.