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You are here: Home / Blog / Legal Options: Pedestrians Injured in Bay Area Car Accidents
photo of a pedestrian on the ground after being hit by a car

Legal Options: Pedestrians Injured in Bay Area Car Accidents

October 10, 2024 //  by Dawn Hassell, Esq.

Pedestrian accidents are unfortunate and sadly frequent in the San Francisco Bay Area. With its dense urban environment, busy intersections, and heavy traffic, the Bay Area ranks among the most dangerous regions for California pedestrians. Suppose you or a loved one has been injured in a pedestrian accident. In that situation it’s crucial to understand your legal options and rights. The Hassell Law Group, a top-rated San Francisco Bay Area pedestrian accident law firm, is here to help you navigate the complex landscape of these cases and secure substantial compensation for your injuries.

Understanding Pedestrian Accidents in the Bay Area

Pedestrians are particularly vulnerable in collisions with motor vehicles. Unlike drivers, they lack the protective features of a car, meaning that even a minor accident can lead to severe injuries such as traumatic brain injuries, fractures, and spinal cord damage. In San Francisco alone, pedestrian accidents are a leading cause of traffic fatalities, with pedestrians making up a disproportionate number of those killed or seriously injured in car accidents.

Legal Options for Injured Pedestrians

  1. Filing a Personal Injury Claim

If you were hit by a vehicle while walking, you may be entitled to file a personal injury claim against the offending driver. California law requires drivers to exercise caution, particularly in areas with high pedestrian traffic, and failure to do so may be considered negligence. Common causes of pedestrian accidents include:

  • Distracted driving (talking, texting, using a cell phone)
  • Speeding or reckless driving
  • Running red lights or stop signs
  • Driving under the influence of alcohol or drugs

In filing a personal injury claim, you can seek compensation for:

  • Medical expenses
  • Lost wages and loss of earning capacity
  • Pain and suffering, emotional distress, mental injury
  • Future medical costs and needs (e.g., surgery, pain management, rehabilitation)
  1. Comparative Negligence in California

California operates under a comparative negligence rule, meaning that even if you were partially at fault for the accident (e.g., jaywalking), you can still recover damages. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you were found to be 20% at fault, you can seek and receive 80% of the total compensation.

  1. Government Liability in Public Transit Accidents

A number of pedestrian accidents in the Bay Area involve public transportation vehicles, including buses and light rail trains. If you were injured by a public transit vehicle, such as a MUNI train or bus, you have the right to file a claim against the government entity responsible for operating the bus or train. These cases are complex, involve specific, shortened filing deadlines, and filing procedures, so it’s essential to work with an attorney who has experience handling public transit accident claims​.

  1. Uninsured or Underinsured Motorist Coverage

Suppose the driver who hit you does not have any insurance, or has insufficient insurance coverage. In that case, you can often still recover compensation through your own auto policy’s uninsured or underinsured motorist (UM/UIM) coverage. This type of insurance can help cover all or some of your claimable damages such as medical expenses and lost wages where the at-fault driver’s insurance is unavailable or inadequate​.

Steps to Take After a Pedestrian Accident

  1. Dial 911 And Seek Medical Attention Immediately: Even if your injuries at first seem minor, getting checked out by a medical professional is crucial. Shock from the accident itself can cause an adrenalin response and you may not realize the extent of your injuries.  Some injuries, like concussions or internal bleeding, may also not be immediately apparent.
  2. Document the Accident Scene: Take photos of the scene, of any vehicle involved, your injuries, and any road conditions that may have contributed to the accident. Obtain names and contact information from any witnesses.
  3. Contact an Experienced Personal Injury Attorney: Before speaking with any insurance companies or any public entities about your claim, consult a personal injury attorney. The legal team at The Hassell Law Group will advise you and ensure your legal rights are asserted and protected.  We will handle all communications with insurance companies and public entities, allowing you to focus on your recovery.

Why Choose The Hassell Law Group?

The Hassell Law Group has a proven track record of securing major settlements for pedestrians injured in car accidents throughout the Bay Area. Our legal team conducts thorough investigations to uncover all possible sources of compensation, whether from the at-fault driver, government entities, and/or insurance companies. In one recent case, we secured a $4.5 Million settlement for a client in her 60s who was hit by a vehicle while crossing the crosswalk in San Francisco. The client sustained a traumatic brain injury, which required surgery and extended hospitalization.

We take pride in providing compassionate, client-focused representation, ensuring each client receives personalized attention and top-notch legal representation. We understand how devastating a pedestrian accident can be, and we will fight for the justice and for substantial compensation.

We offer Bay Area Pedestrian Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover Compensation For You.

At The Hassell Law Group, our legal team consists of experts in pedestrian accidents and personal injury law, with over 100 years of combined legal experience, and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning case results for our clients. We fight every step of the way to achieve the best possible outcome for our pedestrian accident clients. We work on a contingency fee basis, so there is no risk in hiring our law firm.

Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our attorneys look forward to helping you obtain compensation for your personal injury claim.

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.

Category: Blog, Pedestrian Accidents

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About Dawn Hassell, Esq.

Dawn Hassell is a highly skilled litigator, negotiator, and top San Francisco personal injury attorney. She has an undefeated record in trial and arbitration for her clients. Dawn received her J.D. from the University of California, Hastings College of Law, and her undergraduate degree from Binghamton University where she graduated Summa Cum Laude, Phi Beta Kappa, and in the top 1% of her class. Connect with Dawn on LinkedIn.

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