Why Pedestrian Accidents Are So Dangerous
Pedestrian accidents can result in devastating injuries—physically, emotionally, and financially. If you or a loved one was struck by a vehicle while walking in Roseville, California, you have rights under the law. Understanding those rights is the first step toward protecting your health, your financial well-being, and your future.
Unlike drivers and passengers in vehicles, pedestrians have no physical protection in the event of a collision. This makes them especially vulnerable to severe injuries such as:
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Spinal cord injuries
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Broken bones
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Internal organ damage
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Permanent disfigurement
Medical bills can skyrocket, time off work can become unavoidable, and emotional trauma can linger long after physical wounds heal. California law allows injured pedestrians to seek damages from negligent drivers, but asserting those rights takes knowledge and action.
What Are Your Legal Rights as an Injured Pedestrian in California?
1. The Right to File a Personal Injury Claim
If a driver hit you and was at fault—whether due to speeding, distraction, DUI, or failure to yield—you have the right to file a personal injury claim against that driver. This legal action seeks compensation for:
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Medical expenses (past, current, and future)
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Lost wages and reduced earning capacity
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Pain and suffering
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Emotional distress
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Disability and disfigurement
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Loss of enjoyment of life
California follows a fault-based insurance system, meaning the driver’s liability insurance typically covers your damages, assuming they are proven to be at fault.
2. The Right to Compensation Even If You Were Partially at Fault
California is a comparative negligence state. That means you can still recover damages even if you were partially at fault, such as jaywalking or not using a crosswalk, though your compensation may be reduced by your percentage of fault.
For example:
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If you’re awarded $100,000 but found 20% at fault, your compensation would be reduced to $80,000.
A skilled pedestrian accident lawyer in Roseville can help minimize any alleged fault on your part and fight for your full compensation.
3. The Right to Hold Multiple Parties Accountable
In some cases, more than one party may be responsible for your injuries. You may be able to hold accountable:
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The driver who hit you
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A vehicle manufacturer (for brake failure or other defects)
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The city of Roseville (for poor signage, malfunctioning crosswalk signals, or unsafe road design)
An attorney can investigate your accident thoroughly to determine all liable parties and pursue claims against each.
4. The Right to Access Medical Treatment
You have the right to seek immediate medical care after a pedestrian accident. Even if you think your injuries are minor, it’s critical to get a full medical evaluation. Adrenaline can mask symptoms of serious conditions like internal bleeding or concussion.
Your medical records also serve as important evidence in your claim, showing the extent of your injuries and the treatment required.
5. The Right to Refuse an Insurance Company’s First Offer
Insurance companies often offer low settlements to injury victims who are not represented by an attorney. These initial offers may not reflect your long-term needs, especially if:
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You haven’t fully healed
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You’ll require future surgeries or therapy
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Your ability to work has been affected
You have the right to negotiate for a fair settlement, and you’re much more likely to succeed with an experienced pedestrian accident attorney on your side.
What to Do After a Pedestrian Accident in Roseville
Protecting your legal rights begins the moment the accident occurs. Here’s what to do:
1. Call 911 and Report the Accident
Request medical assistance and ensure a police report is filed. The police report will include important details about the scene, witness statements, and the driver’s information.
2. Seek Immediate Medical Attention
Even if you feel “okay,” get checked by a medical professional. Injuries like head trauma or internal bleeding might not show symptoms right away.
3. Gather Evidence
If you’re physically able, collect:
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Photos of the accident scene
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Contact info of the driver and any witnesses
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A copy of the police report
Save any damaged personal items (e.g., clothing, glasses) as potential evidence.
4. Do Not Admit Fault
Avoid making statements that could be interpreted as admitting fault, especially to insurance adjusters. Even saying “I didn’t see the car coming” could be used against you.
5. Consult a Pedestrian Accident Lawyer in Roseville
Before speaking with the driver’s insurance company, speak to a qualified attorney. They can handle communications, preserve evidence, and build a strong case for compensation on your behalf.
How The Wright Law Firm Can Help:
After taking these initial steps, consulting with a reputable law firm like The Wright Law Firm is your next move. Here’s how we can assist:
Legal Expertise: The Wright Law Firm specializes in pedestrian accident cases, providing you with expert legal advice tailored to your situation. we can guide you through the complexities of personal injury law and help you understand your rights.
Case Evaluation: The firm can evaluate your case free of charge, helping you understand the potential outcomes and the best course of action. This initial consultation is an opportunity to ask questions and get a sense of your legal options.
Investigation: Our Roseville pedestrian accident attorneys can conduct a thorough investigation into your accident, gathering evidence, consulting with experts, and building a strong case on your behalf.
Dealing with Insurance Companies: Insurance companies often seek to minimize payouts. The Wright Law Firm can negotiate with insurance companies on your behalf, ensuring you receive the compensation you deserve for damages, medical expenses, lost wages, and pain and suffering.
