Irvine Pedestrian Accident Attorney
As a pedestrian, having the right away does not always mean you are safe to cross. The experienced Irvine Pedestrian Accident Lawyers of Bisnar Chase know that drivers can be reckless and unaware of their surroundings. Victims can find themselves in the emergency room or even worse dead.
The clients of Bisnar Chase have been awarded millions in compensation and our injury attorneys have retained a 96% success rate for 40 years. We also guarantee that if there is no win, there is no fee.
If you or someone you know has been a victim of a pedestrian accident contact the law offices of Bisnar Chase. Upon your call, you will receive a free consultation with one of our highly-qualified legal team members.
Causes of Pedestrian Accidents in Irvine
Every day hundreds of people lose their lives by simply crossing the street. Unfortunately, children account for many of those losses as well. Usually, carelessness and negligence on the behalf of the driver is to blame. There are numerous reasons why pedestrians fall victim to physical damages such as spinal cord injuries, head injuries and broken bones.
The following are the most common causes of pedestrian accidents:
Bike riders: Although drivers do cause pedestrian incidents most of the time, cyclists are also responsible for some pedestrian/traffic accidents as well. For example, when a rider is in the bike lane, and the rider is sharing the lane with a runner, the cyclist can possibly force the runner onto on-going traffic. Data has indicated that in one year, over 7,904 pedestrians experienced severe injuries due to a person riding a bike.
Faded crosswalks: Unmarked or not visibly obvious crosswalks increases the chances of a pedestrian being involved in an accident. It is crucial that as you cross the street there is a clear path which indicates people can walk. Signaled crosswalks are the safest paths for people to take while crossing a street.
Cars turning left: Pedestrians are three times more likely to get injured on a left-hand turn. Drivers are usually too distracted from looking out for on-coming vehicles that they forget to also look out for people crossing. As a pedestrian, you should always make sure that before a driver makes a left turn, acknowledges you with eye-contact.
Black clothing: Attire may not seem like an important factor as a pedestrian, but surprisingly, what you wear can possibly prevent you from being a crosswalk victim. When it is dark and if streets are not well lit, it can be easy not to see a pedestrian who is dressed in black. Make sure to wear bright colors or reflective gear if you are walking at night.
Driving under the influence: In one year, over 1.4 million drivers are under the influence. Victims can collect compensation for damages such as medical bills for their pedestrian accident case. When you hire a trustworthy Irvine pedestrian accident attorney to fight for your rights, you'll have a much better chance of being fully and justly compensated for your pain, suffering and financial expenses.
Types of Charges That Can Be Filed for a Pedestrian Accident
Pedestrians can experience extreme pain and suffer from an accident and drivers can consequently face criminal charges. The various kinds of allegations depend on the severity of the crash and how many damages were accumulated as well. Below are the most common charges that reckless drivers face in car-pedestrian related incidents.
DUI: Receiving a citation for driving under the influence and harming a pedestrian can lead to severe criminal penalties. If a person is harmed while crossing the street by a driver under the influence, then this can act as an “ aggravated circumstance”. Aggravated circumstances are factors that can make the incident worse and can aid the plaintiff’s party as proof of negligence.
Manslaughter: When a person dies due to someone’s reckless driving this constitutes as vehicular manslaughter. About 11 percent of traffic deaths involve pedestrians being struck by motor vehicles. Almost all states have penalties for vehicular homicide as well. If the incident was truly proven to be an accident, meaning there was not any involvement of carelessness while driving or alcohol consumption, then there is a chance that criminal charges may be eliminated.
Hit and Run: Leaving the scene of an accident that you were involved in is illegal. Hit and runs can count as a misdemeanor charges can range though if the incident was more severe. Hit and run offenders need to be accountable so that the accident victim can receive the compensation they deserve.
There are preventive measures pedestrians can take to decrease their chances of being involved in an accident. It is also important that small children understand the severity of walking across the street. Elderly people also have a high risk of being hit by a driver.
The way in which a walker can avoid a pedestrian incident is by:
Do not be on your phone while crossing the street: Walking and texting on your phone can make you less aware of your surroundings and could lead to dangerous consequences. If someone sends you a text or calls you before you cross the street, take the call or send the text after crossing.
Make eye-contact with drivers before walking: Make sure to establish eye contact with a driver to ensure that he/she is aware of you.
If you are intoxicated, make sure you are not walking by yourself: Alcohol consumption can impair your judgment and the outcome can be fatal. Either call an Uber or leave with a close friend or family member to ensure you arrive home safely.
Compensation for an Irvine Pedestrian Injury
Recovering from a pedestrian accident can be a slow and painful process. The Orange County pedestrian accident lawyers of Bisnar Chase believe that victims of cross-walk accidents are entitled to a settlement. The total number of damages that can be recovered depends on the severity of your injuries. Compensation can cover costs such as medical treatment and loss of wages.
The kind of compensation and the amount of compensation also depends on the assets of the defendant and the insurance companies of both the pedestrian victim and the perpetrator.
Can a Pedestrian Be Responsible for an Accident?
Pedestrians can be partially or completely at fault for a pedestrian or car accident. Although witness reports can help prove accountability, the question of “who is at fault?” will ultimately be answered by a group of jurors.
Some examples where pedestrians can be at fault when they are crossing:
- when intoxicated
- against the do not walk sign
- bridges and other areas where pedestrians are not allowed to cross
In California, pedestrians who were at fault can be proven to have comparative negligence. Which means that if a plaintiff was proven to be “at fault” for an accident, can have the amount that she/him is awarded reduced.
We Will Win You the Compensation You Deserve
Since 1978, the Irvine Pedestrian Accident Lawyers of Bisnar Chase have fought passionately for the rights of accident victims and have held negligent parties accountable for their wrongdoings. Individuals harmed in pedestrian accidents accrue numerous costs after an accident such as medical bills.
The law offices of Bisnar Chase’s mission statement is: "To provide superior client representation in a compassionate and professional manner while making our world a safer place.”
Our legal team members are on standby waiting for your call from Monday-Friday 9AM - 5PM.
Call 949-203-3814 to schedule a free consultation.
Bisnar Chase Personal Injury Attorneys 1301 Dove St. #120 Newport Beach, CA 92660