Orange County Pedestrian Accident Lawyers 

Helping Injured Pedestrians in Irvine Seek Justice & Fair Compensation

There are few accidents more traumatizing than pedestrian accidents – and unfortunately, statistics show that pedestrian fatalities are actually rising year after year. This alarming trend is also preventable for the most part, as the majority of pedestrian accidents are caused by vehicle driver negligence.

Cars, trucks, and even small vehicles like electric scooters can cause catastrophic injuries. If your life has been negatively impacted by someone else's negligence, our Orange County pedestrian accident attorneys at the Law Office of Marshall Silberberg are standing by to help you seek justice.

With more than 40 years of combined experience, our firm can help you seek the compensation you need. Call (949) 565-4281 today for a case review at our Irvine office.

Common Causes of Pedestrian Accidents

While there are any number of reasons a car or other motor vehicle could injure a pedestrian, there are some common causes. More than 90 percent of pedestrian accidents occur on sunny days, and seniors and children are the most likely to be affected. 

This is because cars and other vehicles tend to become more careless in summer months, and they may not always be looking out for slower pedestrians.

Careless and negligent motorists often cause pedestrian accidents by:

• Failing to stop at unmarked crosswalks
• Using alcohol and driving under the influence
• Distracted driving, either by texting or using the phone
• Failing to observe traffic laws
• Making an improper or hasty turn
• Failing to use appropriate headlights at night

Orange County Pedestrian Laws

In Orange County, pedestrians generally have the right of way at intersections, whether or not there are marked crosswalks. However, pedestrians should still exercise caution and make sure it is safe to cross.

Therefore, drivers must yield to pedestrians who are lawfully within a crosswalk. This means that drivers must stop and allow pedestrians to cross the street safely.

When available and within a reasonable distance, pedestrians must use crosswalks. If there is a marked crosswalk at an intersection, pedestrians must use it to cross the street. If there is no marked crosswalk, pedestrians should cross at a right angle to the curb.

Pedestrians must obey traffic signals. They should only cross the street when the signal indicates it is safe to do so, such as when the pedestrian light is green or when there is a "walk" signal.

Pedestrians also have responsibilities to ensure their safety. They should not suddenly enter the roadway and should yield to vehicles when it is unsafe for them to cross.

Jaywalking, or crossing the street outside of a crosswalk when one is available nearby, is illegal in Orange County. Pedestrians should always use designated crosswalks to cross the street.

Are Pedestrians Ever Responsible for Their Own Injuries?

When we think about crashes involving motor vehicles and pedestrians, most people initially believe that the motorist is at fault since – it is assumed that – the pedestrian has the right-of-way. However, whether partly or entirely, there are cases when the pedestrian is actually at fault for the accident.

Common scenarios in which a pedestrian may be found partially at fault:

• Jaywalking / crossing the street without using a crosswalk
• Walking along highways or bridges, where pedestrian access is forbidden
• Entering into the street while intoxicated or distracted

Pedestrians must still exercise reasonable care for his or her safety and others. The necessary care needs to be in proportion to the danger to be avoided and reasonably anticipated consequences.

If pedestrians fail to exercise this amount of care, contributory negligence can be used against them in a potential legal claim. California is a “comparative negligence” state, meaning that an injured individual's recovery of damages would be reduced by their own percentage of fault in causing the accident.

For example, if you were found to be 20% responsible for your accident as a pedestrian, your share of the compensation claimed would be reduced to 80% of the total. However, you can still recover a significant financial recovery, even if a jury finds that you were partially responsible for your own injuries.

Recovering Damages from a Pedestrian Accident

In California, pedestrians who are injured by negligent drivers have legal avenues to recover damages for their injuries. Here are the primary options available:

• Insurance Claims: Pedestrians injured in accidents involving vehicles can typically file a claim with the driver's insurance company. State law requires drivers to carry liability insurance to cover injuries and damages caused to others in an accident. Pedestrians can seek compensation for medical expenses, lost wages, pain and suffering, and other damages through the driver's insurance policy.
• Personal Injury Lawsuits: If an insurance claim does not adequately cover the pedestrian's damages or if the insurance company denies the claim, the pedestrian may pursue a personal injury lawsuit against the at-fault driver. In California, injured pedestrians have the right to sue negligent drivers for compensation for their injuries and other losses. Personal injury lawsuits allow pedestrians to seek damages such as medical expenses, lost income, pain and suffering, and property damage.
• Uninsured/Underinsured Motorist Coverage: If the driver responsible for the accident does not have insurance or does not have enough insurance to cover the pedestrian's damages, the pedestrian may be able to recover compensation through their own uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage is optional in California but is recommended to protect pedestrians and other motorists in case of accidents involving uninsured or underinsured drivers.
• Negligence Lawsuits Against Third Parties: In some cases, third parties other than the driver may share liability for the pedestrian's injuries. For example, if a defective vehicle part contributed to the accident, the pedestrian may have grounds to pursue a product liability lawsuit against the manufacturer. Similarly, if a property owner's negligence (such as poorly maintained sidewalks or inadequate lighting) contributed to the accident, the pedestrian may have a premises liability claim against the property owner.
• Government Liability Claims: If the accident occurred on government-owned property, such as a public road or sidewalk, and government negligence contributed to the accident, the pedestrian may have a claim against the government entity responsible for maintaining the property. However, claims against government entities have strict notice requirements and shorter time limits, so it's important to act quickly and consult with an attorney familiar with government liability claims.

Get Started on Your Case with a Free Consultation

At the Law Office of Marshall Silberberg, we don’t back down in the face of insurance companies or drivers who may try to claim that you were solely responsible for your pedestrian accident. 

Your injuries may range from traumatic brain injury (TBI) to spinal cord damage to full-body paralysis, and these are simply not comparable to those sustained by most drivers in pedestrian accidents.

Our pedestrian accident lawyers in Orange County have recovered more than $500 million in settlements and verdicts. We uncover every stone in the pursuit of justice. We know how debilitating your injuries can be, and with almost 40 years of combined legal experience, our firm can fight on your behalf.

Get in touch with our pedestrian accident attorneys in Orange County to discuss your options in a FREE initial consultation. You can reach us at (949) 565-4281.