Pedestrian accidents happen all too often, causing life-threatening injuries that may take weeks or months to address through medical care and rehabilitation. When a person is struck by a motor vehicle, the physical and financial consequences can be significant. Fortunately, California law provides a legal path for those injured in pedestrian accidents to pursue compensation for medical bills, lost wages, and other related losses.

Lerner, Moore, Silva, Cunningham & Rubel (LMSCR) represents injured individuals in these cases throughout San Bernardino County. Our Ontario pedestrian accident lawyers help those who have been struck by vehicles while walking in crosswalks, parking lots, or other public spaces. We assist clients who are managing the aftermath of pedestrian collisions involving distracted drivers, high-speed impacts, or failure to yield.

What Are Common Causes of Pedestrian Accidents in Ontario?

Pedestrian accidents often stem from driver behavior, including a range of unsafe or inattentive actions behind the wheel. Common causes include:

• Failing to yield at intersections or while turning at crosswalks.
• Using mobile devices, eating, or interacting with in-car technology like a GPS.
• Speeding in residential neighborhoods.
• Ignoring traffic signals or stop signs.
• Backing out of driveways without checking for pedestrians.
• Driving at night in areas with poor lighting or no marked crosswalks.

Although pedestrians must follow traffic laws, drivers are typically held to a higher standard of care when it comes to preventing injury to those on foot.

Who May Be Held Responsible for a Pedestrian Accident?

The party who caused the collision may be held liable under California’s personal injury laws. Typically, this is the driver of the vehicle that struck the pedestrian. However, other parties may share fault depending on the circumstances. For example, if a commercial driver caused the crash while on the job, their employer may also be held accountable. In situations involving poorly designed intersections or missing traffic signage, a government agency could be partially liable.

Responsibility may also be shared in cases where the pedestrian’s behavior contributed to the accident. California follows the rule of comparative fault, which means compensation may be reduced by the percentage of fault attributed to the injured person. To establish who was at fault, our Ontario pedestrian accident lawyers conduct careful reviews of police reports, traffic laws, surveillance footage, and witness statements.

What Types of Injuries Are Common in Pedestrian Accidents?

Because pedestrians have little physical protection, the injuries from these accidents tend to be serious. Broken bones, spinal injuries, head trauma, and internal bleeding are common. Even collisions at low speeds can lead to long-term health issues, especially if the pedestrian is knocked to the ground or onto a hard surface.

In some situations, a person may experience psychological effects such as post-traumatic stress, anxiety, or depression after the event. These injuries, while not always visible, can affect a person’s quality of life and ability to work. The medical care needed often includes hospitalization, physical therapy, and follow-up treatment, which may cause financial strain for the injured party and their family.

How Is Compensation Calculated After a Pedestrian Accident?

Compensation in a pedestrian accident case is based on the severity of the injuries and the impact on daily life. Medical bills, future treatment expenses, and time missed from work are commonly considered. A claimant may also receive payment for pain and suffering, loss of enjoyment of life, and emotional distress. Each case is different, and the amount awarded depends on the evidence presented and how clearly liability can be shown.

Documentation is a key part of this process. This may include medical records, wage statements, and photographs of the scene or injuries. Witness accounts and accident reconstruction reports may also be used to demonstrate the events that led to the collision. A clear connection between the driver’s actions and the pedestrian’s injuries must be established to pursue compensation through a claim or lawsuit.

Is There a Time Limit to File a Pedestrian Accident Claim in California?

Yes, there is a legal time frame to bring a claim, known as the statute of limitations. In California, a person who has been injured in a pedestrian accident generally has two years from the date of the incident to file a personal injury lawsuit. If the case involves a government agency, such as a city or county responsible for maintaining a road or traffic signal, the time limit may be as short as six months to file a formal claim.

Failing to act within the applicable deadline may result in the loss of the ability to recover compensation. Prompt action is important, not only to meet legal deadlines but also to preserve evidence and locate witnesses. We recommend contacting our Ontario pedestrian accident lawyers as soon as possible after the accident – delays can make the entire process more challenging.

What Should an Injured Pedestrian Do After an Accident?

After a pedestrian accident, it is important to seek immediate medical attention, even if the injuries seem minor at first. Some conditions, such as internal bleeding or head trauma, may not be obvious right away. Prompt medical care establishes a record of injuries that might serve as evidence in legal proceedings.

You can try to document the scene, if possible, by taking photographs and collecting the names of witnesses. A copy of the police report and insurance information from the driver should also be obtained. Refrain from making statements about fault at the scene, as these comments may later be used against you. Our legal team can manage communication with insurance companies and other parties while you focus on recovery.

How Do Pedestrian Accident Lawyers Manage Claims?

After a contract is signed, our Ontario pedestrian accident lawyers examine the facts surrounding the incident and assess the available evidence. We act as the legal liaison between clients and insurance adjusters, gather medical records, and may work with professionals who can provide supporting testimony. Our trusted team members prepare legal documents, file claims in a timely manner, and handle the litigation process if a lawsuit is required.

In addition to managing legal procedures, we protect clients from unfair settlement offers or tactics that may reduce compensation. Our attorneys may also advise you about whether a settlement is appropriate or if the case should proceed to trial. In essence, we provide structure to the process, reduce the burden on the injured person and their family, and fight to protect their rights and pursue justice.

Lerner, Moore, Silva, Cunningham & Rubel: Experienced Ontario Pedestrian Accident Lawyers Who Will Protect Your Rights

LMSCR skillfully represents clients injured in pedestrian accidents throughout San Bernardino County, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County. Our Ontario pedestrian accident lawyers understand the legal process and help clients take the necessary steps to pursue compensation. For a free consultation, submit our online form or call our Ontario or Victorville, California office at 909-889-1131.