At Kalfayan Merjanian, LLP, our Newport Beach pedestrian accident attorneys fight tirelessly to provide top-quality legal representation to injured victims. Hurt in a pedestrian crash? Having a top-rated legal advocate on your side can be extremely helpful. To set up your free, no-obligation case review with a California pedestrian collision lawyer, please contact us at our Newport Beach office today.
Pedestrian Safety Remains a Serious Public Safety Hazard in California
Pedestrian safety remains a real public safety concern, in Newport Beach, California, and throughout the United States. The California Office of Traffic Safety (OTS) notes that more than 14,000 pedestrians were injured and nearly 900 were killed in the state in 2018 alone. The OTS encourages all pedestrians to “think two steps ahead” to protect themselves from the risk. A pedestrian collision can lead to very serious injuries, including:
- Broken bones;
- Bruises and scrapes;
- Sprains and strains;
- Whiplash and other soft tissue damage;
- Back and neck injuries;
- Concussions and traumatic brain injuries (TBIs);
- Spinal cord damage; and
What to Do After a Pedestrian Accident in Newport Beach
The aftermath of a pedestrian collision in Orange County can be chaotic, confusing, and overwhelming. Knowing the steps to take can protect a victim’s best interests. Some key things that one can do after a pedestrian accident in Newport Beach include:
- Medical Treatment: Health matters. The most important thing to do after a pedestrian accident in Newport Beach is to seek medical treatment. Even if one does not believe their injuries to be serious immediately following an accident, it is essential to get checked out by a doctor. Not all injuries are immediately apparent, such as a concussion, whiplash, or internal bleeding. Additionally, to bring a personal injury claim in California for compensation, it is helpful to have objective medical reporting from a medical professional.
- Report the Collision to Law Enforcement: All injury crashes should be properly reported to law enforcement. California law requires the reporting of injury crashes, including pedestrian collisions. If the accident occurs in Newport Beach, it may be reported to the Newport Beach Police Department or another state or local government agency.
- Document the Pedestrian Accident: California is a fault-based pedestrian accident jurisdiction. In effect, this means that a driver is not automatically liable for a pedestrian crash. The injured victim must prove fault. The more evidence that one has, the better position that they will be in to bring a pedestrian accident injury claim.
- Consult With a Newport Beach Attorney: Consulting with an experienced Newport Beach pedestrian accident lawyer as soon as possible after a serious crash in Newport Beach can help in many ways including providing potential next steps and, if retained, allowing the victim to focus on healing from their injuries while the law firm handles the legal process.
Understanding Pedestrian Accident Laws in California
A pedestrian accident injury claim in Newport Beach is governed by California state law. As an injured pedestrian, one should have an understanding of how the legal system works. Here are key points to understand about pedestrian crash liability in Orange County, CA:
- At-Fault Pedestrian Accident State: In California, pedestrian accident laws operate under an at-fault system. The driver—or another party—who is determined to be responsible for the accident is held liable for damages that result from it. Fault is based on negligence. Broadly speaking, negligence is the failure to take due care. For instance, a driver who blows through a red light and strikes a pedestrian can be held legally liable for their negligence.
- Comparative Negligence System of Liability: A motorist is not automatically responsible if they hit a pedestrian in Newport Beach. The specific facts of the case always matter. Notably, our state uses a comparative negligence standard of fault. A pedestrian could have their compensation reduced based on partial liability for their injuries. A pedestrian in Newport Beach found to be 25 percent at fault for a collision will bear liability for 25 percent of their damages.
- Two-Year Statute of Limitations (Exceptions May Apply): Most pedestrian-motor vehicle accident injury claims are subject to a two-year statute of limitations under California Code of Civil Procedure section 335.1., one must file a lawsuit or settle their claim for a pedestrian accident before the two-year statute of limitations runs out. However, there are some exceptions, and in some cases, the statute of limitations can be as little as 6-months. It is, therefore, imperative, to speak with an experienced accident attorney as soon as possible to fully assess any potential case.
An Overview of the Compensation that May Be Sought in a Pedestrian Collision Claim
After a serious pedestrian accident in Newport Beach, injured victims may need financial relief to pay bills and support themselves. In California, injured pedestrians can seek compensatory damages, including for economic and non-economic losses. How much can one expect to recover in a pedestrian accident claim in Newport Beach? The answer always depends on the specific circumstances of the case, including issues like liability, damages, and insurance coverage. An experienced Newport Beach car accident lawyer can review a potential case and help the victim understand the compensation that may be available. Examples of damages that may be recovered include:
- Emergency medical treatment;
- Hospital bills and other medical costs;
- Ongoing rehabilitative therapies;
- Lost income and loss of earning power;
- Pain and suffering & emotional distress;
- Long-term or permanent disability/disfigurement; and
- Wrongful death of a family member.
We Represent Pedestrian Accident Victims in Newport Beach on a Contingency
Our clients do not have to worry about the cost of top-quality legal guidance and support. Kalfayan Merjanian, LLP, is a personal injury law firm in Newport Beach that represents pedestrian collision victims on a contingency basis. This means that there are no out-of-pocket costs for our clients and we only get paid if we win or settle the case. Even better, consultations are free.
Schedule a Free Consultation with a Top Newport Beach Pedestrian Accident Attorney
At Kalfayan Merjanian, LLP, our Newport Beach personal injury lawyers have deep experience handling pedestrian accident injury claims. If you were hurt in a crash, professional guidance may be available. Contact us today to arrange your free, strictly confidential consultation. We represent injured pedestrians in Newport Beach, Orange County, and throughout Southern California.
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