A total of 1,108 pedestrians lost their lives in traffic accidents in California in 2021, according to the California Office of Traffic Safety, and many more sustained injuries. Pedestrians are defenseless against drivers of vehicles, many of whom behave in careless ways that put the lives of walkers at risk.
If you or someone you love was hurt or killed while walking, a Carlsbad pedestrian accident lawyer at Miller & Steele Law Firm can work on your behalf to help you get the compensation you deserve. You have legal rights if a driver was careless and caused you harm and our firm brings more than 70 years of collective experience to your case to help you enforce those rights and collect damages when you’ve endured losses.
Give us a call at (760) 439-2210 today to schedule your free consultation and learn about the compassionate and knowledgeable advocacy we can offer.
Who is Responsible for a Pedestrian Accident?
While pedestrians sometimes engage in high-risk behavior, often drivers of motor vehicles are either fully or partly responsible when a collision occurs with a walker.
Because California adopted pure comparative fault rules in a case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975), injured victims can sue anyone even partly responsible for harming them even if the victim bears the majority of the blame.
While California Civil Code Section 1431.2 makes clear damages will be reduced based on the victim’s percentage of fault, this still means walkers can almost always pursue a case against a motorist who crashed into them while they were walking on the road.
Pedestrians will need to demonstrate negligence. As explained by Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917, this means they must show the defendant had an obligation to exercise a duty of care, failed to live up to that duty, and caused injury as a direct result.
The Carlsbad car accident attorneys at Miller & Steele Law Firm can work with you to show how the driver who hit you failed to live up to their basic obligation to keep pedestrians safe.
Statute of Limitations for a Pedestrian Accident Claim
You don’t want to wait to pursue your claim after a pedestrian accident case, as California Code of Civil Procedure section 335.1 says you have just two years to take action before the statute of limitations runs out and your claim is time-barred.
If too much time passes, then you will not be allowed to hold the driver accountable for the pedestrian accident. You could lose the chance to recover compensation for medical bills, pain and suffering, emotional distress, lost wages, or earning power. Don’t miss out on this opportunity to be made whole.
Get Help from The Carlsbad Pedestrian Accident Lawyers At Miller & Steele Law Firm
A Carlsbad pedestrian accident attorney at Miller & Steele Law Firm will advocate for you and fight for your rights from day one after you are hurt in a pedestrian crash. Give us a call at (760) 439-2210 to schedule your free consultation and work on getting the compensation that you need and deserve. Our Carlsbad personal injury attorneys are here to help you during this difficult time.