Experienced Personal Injury Lawyer Representing Pedestrian Accident Victims in Orange County
Few things are more frightening than the thought of being hit by a car. Yet California pedestrian accidents are quite common. In fact, there are more than 14,000 pedestrians injured each year in California, and nearly 900 are killed. Out of all traffic accidents, pedestrian accidents can result in some of the most serious injuries, including broken bones, brain injuries, and spinal injuries. At Krolikowski Law, we proudly represent people who have been seriously injured in pedestrian accidents. With over 15 years of experience handling these cases, our Orange County pedestrian accident lawyer has a keen understanding of the laws that govern these claims, as well as how to pursue compensation for his injured clients.
What to Do After a Pedestrian Accident in Orange County
If you or a loved one has been struck by a vehicle in Orange County, it’s completely understandable to feel overwhelmed in the aftermath. Knowing what steps to take can help protect your health, your rights, and your ability to pursue compensation for your injuries.
Here’s a quick guide on what you should do next:
- Seek Medical Attention Immediately
Even if injuries seem minor, it’s critical to get checked by a medical professional as soon as possible. Some injuries, like traumatic brain injuries or internal bleeding, may not be apparent right away. Prompt care not only protects your health but also documents the link between the accident and your injuries. - Report the Accident
Make sure the accident is reported to local law enforcement. The responding officer will prepare an official report, which can be a key piece of evidence when pursuing your claim. - Gather Evidence at the Scene
If you’re physically able, collect as much information as possible. Take photos of the accident scene, your injuries, and any property damage. Be sure to record contact information for any witnesses and obtain the driver’s insurance and license details. - Avoid Discussing Fault
It can be tempting to make statements or offers right after the crash, but try not to admit fault or assign blame at the scene. Insurance companies may try to use these statements against you later. - Document Everything
Keep a file of all medical records, receipts, communications with insurance companies, and a journal of how your injuries affect your daily life. This documentation is invaluable as your case progresses. - Contact an Experienced Orange County Pedestrian Accident Attorney
Handling insurance claims and legal matters while recovering from injuries can be daunting. A seasoned personal injury lawyer—familiar with the nuances of pedestrian accidents, California traffic law, and local courts—can shoulder the legal burden, negotiate with insurers, and fight for the compensation you deserve.
Our experience at Krolikowski Law has shown that the sooner you reach out for legal counsel, the better your chances of securing full compensation for medical bills, lost wages, and pain and suffering.
By following these steps, you are not only safeguarding your physical recovery but also setting strong groundwork for your legal claim.
If you have more questions or need help figuring out your next steps, don’t hesitate to reach out. We’re here to support you every step of the way.
The Dangers of Poor Visibility and Inadequate Street Lighting
When streets are dimly lit or crosswalks are poorly marked, the chances of a pedestrian accident rise sharply—especially at night. Drivers may struggle to spot people crossing the street, and pedestrians might not be able to judge traffic accurately or see uneven pavement hazards.
Often, these accidents come down to visibility. Without sufficient lighting, everyone is at a disadvantage:
- Motorists can easily miss someone wearing dark clothing or standing at an unmarked intersection.
- Pedestrians might assume drivers can see them, when in reality they’re nearly invisible against the shadowy backdrop.
Investigating these cases means digging into the scene itself: Were streetlights out? Was the crosswalk faded or hidden by foliage? Details like these can be crucial when establishing who was at fault and whether there was a failure to provide safe conditions for those on foot.
Wrongful Death Claims After a Fatal Pedestrian Accident
Tragically, not all pedestrian accidents end with just injuries—some result in the devastating loss of a loved one. In these heartbreaking situations, certain family members, such as a spouse, children, or even parents, are permitted to seek justice by filing a wrongful death claim.
Damages in a wrongful death action can help surviving families deal with both financial and emotional losses. These typically include:
- Funeral and burial expenses
- Loss of the deceased’s future earnings and financial support
- The value of lost companionship, love, and guidance
Pursuing a wrongful death claim can never reverse the loss, but it can provide vital support during an unimaginably difficult time.
How a Pedestrian Accident Lawyer Supports Victims and Families
Following a pedestrian accident, victims and their loved ones often find themselves facing overwhelming challenges—medical bills, lost wages, insurance adjusters, and uncertainty about the future. This is where having an experienced pedestrian accident lawyer in your corner can make an enormous difference.
A skilled attorney’s role extends far beyond simply filing paperwork. Here’s how our firm steps in to help:
- Investigating the Accident: We work quickly to gather evidence, consult with accident reconstruction specialists, track down witnesses, and obtain traffic camera footage. This crucial early work can be the key to establishing fault and protecting your rights.
- Navigating Complex Insurance Issues: California’s insurance laws can be tricky, especially when multiple parties may be responsible. Whether you’re dealing with a reluctant insurance company, questions about comparative fault, or uninsured motorists, an attorney who knows the rules can make the difference between a denied claim and a successful outcome.
- Calculating Full Damages: It’s about more than just immediate medical expenses. We account for future treatment costs, lost earning capacity, pain and suffering, and the impact your injuries have on both you and your family. Working with life care planners and medical experts, we fight to ensure your compensation covers both visible and hidden costs.
- Handling Negotiations and Litigation: Most claims settle out of court, but not all. We provide assertive representation in negotiations with insurance companies, ensuring you’re not pressured into accepting less than you deserve. If trial becomes necessary, our firm has the courtroom experience to advocate passionately for you in front of a judge and jury.
- Providing Support and Guidance: Beyond legal work, we offer compassionate support throughout your recovery. We help tackle paperwork, connect you with trusted medical professionals, and answer questions so you can focus on healing.
By enlisting a knowledgeable Orange County pedestrian accident lawyer, victims and their families are empowered to confidently navigate the legal process and pursue the full and fair compensation necessary to rebuild their lives.
Pursuing Compensation After a Pedestrian Accident
When a motorist hits a pedestrian, the pedestrian may be able to obtain financial compensation for their injuries through a personal injury lawsuit. Like other claims of negligence, a pedestrian injury claim requires a plaintiff to establish each of the following elements:
- The driver owed the pedestrian a duty of care;
- Through some action or inaction, the driver violated the duty owed to the pedestrian;
- The driver’s conduct was the cause of the plaintiff’s injuries; and
- The pedestrian suffered some type of legally recognizable injury.
Typically, the first element is not strongly contested, since drivers owe a duty of care to others on the road, including pedestrians. Similarly, the fourth element is often easily established through the presentation of medical bills and testimony from the accident victim. However, drivers and their insurance companies often dispute the second and third elements of a negligence claim.
To overcome these challenges, an accident victim and a pedestrian accident attorney in Orange County should be prepared to show that the driver was negligent in some way, and that the driver’s negligence caused their injuries. This may be because the driver was speeding, was distracted, or failed to yield the right-of-way, among other examples. If the driver was cited by police for violating a traffic law, this may help prove a pedestrian’s claim, although it is not necessary.
Including Property Damage in a Pedestrian Accident Claim
Many people assume pedestrian accident claims are limited to physical injuries, but property damage can also play a role. If your belongings—think phones, laptops, watches, or even clothing—were damaged or destroyed during the accident, you may seek compensation for repair or replacement costs as part of your claim.
Documentation is key here. Save receipts, take photos of damaged items, and make a list of everything affected. This evidence will help ensure that the full extent of your financial losses is reflected in your compensation, not just your medical bills.
How Comparative Fault Affects a Pedestrian’s Claim
Rarely will a motorist fully acknowledge their role in causing an accident. Instead, defendants in pedestrian accident cases routinely try to shift the blame away from themselves and onto the pedestrian. Defendants do this because, under California’s comparative negligence laws, a plaintiff’s recovery amount will be reduced by their own percentage of fault. Thus, by shifting responsibility for an accident away from themselves, a defendant limits the amount of money that they will owe to the plaintiff. This is one reason why it is important to hire an Orange County pedestrian accident attorney who can fight for your rights.
California is a pure comparative negligence state, which means that an accident victim will not be prevented from recovering damages for their injuries, regardless of their role in causing the accident. A pedestrian could be 50 percent or more responsible for an accident and still recover some compensation. Of course, any award obtained would be reduced by their percentage of fault.
While California law is favorable to victims in that their own fault will not prevent them from recovering compensation for their injuries, it is still vital to the ultimate success of a claim to limit a defendant’s ability to shift blame onto an accident victim. Attorney Krolikowski has extensive experience handling pedestrian accident cases, and he is familiar with the common tactics used by defendants to shift blame onto accident victims.
Contact an Orange County Pedestrian Accident Attorney Today
If you or a loved one has been injured in a pedestrian accident, contact Attorney Adam Krolikowski at Krolikowski Law. For more than 15 years, Attorney Krolikowski has proudly represented pedestrians, bicyclists, and other victims who have been injured due to negligent driving. Having helped thousands of clients, Attorney Krolikowski is comfortable both at the negotiation table and in the courtroom. You should not feel pressured to accept a settlement offer that does not fairly compensate you for your injuries. To learn more, contact Krolikowski Law or call (949) 274-9915 to schedule a free consultation with a pedestrian accident lawyer in Orange County today.