Pedestrian Injury Lawyer in Santa Barbara
Even the most cautious, law-abiding pedestrian cannot avoid all accidents. When struck by the inattentive driver of a car, truck, or motorcycle, a pedestrian will rarely escape injury. The same is true for the rider of a scooter or skateboard.
NordstrandBlack PC may be able to help you recover substantial compensation for your accident-related losses. When pedestrians are struck by vehicles, they often require extensive medical care for injuries like broken bones, brain trauma, spinal cord damage, and amputations. You may not be able to predict all of the expenses that will arise after an accident. What about future lost wages due to losing a promotion? How will your injuries affect your marriage? These factors can be included when calculating damages after a pedestrian accident, which is why you need an experienced lawyer on your side.
Before settling a claim with an insurance company or driver, you should know your legal rights as well as the full extent of your injuries and damages. Call (805) 962-2022 to discuss your case with a legal professional in a free consultation.
According to California Vehicle Code Section 21950 (a) "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk." However, Section (b) provides, "This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard." Section (c) adds, "The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action… to safeguard the safety of the pedestrian."
How is Vehicle Code Section 21950 interpreted by the courts? Basically, the pedestrian and driver are both expected to be aware of what is happening and act reasonably. California law leaves a lot of room for interpretation based on the facts of each situation. This is why you need an experienced lawyer on your side to demonstrate that the negligence of the driver makes him or her liable for your injuries and damages.
Our personal injury attorneys have represented clients who were seriously injured in a variety of accidents, including those caused by:
- negligent drivers;
- drivers talking on a cell phone;
- those driving under the influence of alcohol and/or drugs;
- elderly drivers; and
- drivers who fail to yield to a pedestrian crossing the street and sidewalk
NordstrandBlack PC has the knowledge and resources necessary to properly investigate an accident. We go to the scene, hire investigators and experts if necessary to photograph the scene, find and interview witnesses, and reconstruct the crash to identify events that contributed to the accident.
Pedestrian Accident Case Results
- $335,750 Arbitration Award - Pedestrian Accident - Bone Fractures
- $250,000 Settlement Policy Limit - Pedestrian Injury - Bone Fractures
∗ Selected cases listed. Every case is different. Past case results are not a guarantee, and similar results may not be obtained in your case. View more case results here.
Scooter riders are as exposed and unprotected as pedestrians, and the impact of a motor vehicle can cause them serious injuries. Scooter riders need to follow the same rules as bicyclists in terms of moving with traffic, not obstructing vehicles, and staying off sidewalks. Anyone operating a motorized scooter on the sidewalk in Santa Barbara can be stopped and fined. State laws also require anyone under 18 riding on a motorized scooter to wear a helmet. A collision with a car can leave a motorized scooter rider seriously injured - and the lack of a helmet can cause catastrophic or fatal injuries.
If a motorist does not pay attention and strikes a person on a scooter who has the right-of-way, the motorist is likely at fault and liable for the accident. But that will come as little comfort to a scooter rider who suffered a life-long disability due to a traumatic brain injury. Regardless of whether you were wearing a helmet, if a motorist hits you on a scooter, you have grounds for a personal injury claim in Santa Barbara.
Santa Barbara has specific laws for skateboarders. People on skateboards are considered pedestrians by law, so they must stay off of public streets. Skateboards cannot be ridden on certain sidewalks, particularly those in the downtown corridor and other areas where “prohibited” signs are posted. When a skateboarder gets into an accident with a vehicle, the skateboarder can suffer serious injuries, especially if he or she is not wearing protective pads and a helmet. However, this does not decrease the at-fault driver’s liability for causing the crash.
The first thing you should do after a hit-and-run incident is call for immediate medical attention, if necessary. Since hit-and-run is a criminal offense in California, you should contact local law enforcement at once. A prompt police response can help you gather information regarding witnesses, evidence, and give the officer a head start on locating a suspect after the accident. While all of these efforts are used in a criminal investigation, this information may also be helpful in a civil lawsuit against the at-fault driver.
If you do not find the driver who fled the scene, you will need to rely on your own or someone else’s insurance policy. Whether the driver is found or not, an experienced lawyer can help you locate the responsible parties, determine whether there is insurance coverage available to pay your claim, negotiate with insurance companies, and present your case in court if necessary.
After a loved one is killed in a vehicle collision, it can be difficult to consider practical matters like filing a lawsuit against the responsible party. But filing a wrongful death claim can help you in more ways than one. Not only can it help with your financial peace of mind, giving you one less concern while grieving for a loved one, but it can also help with emotional closure. Knowing that those responsible must pay for their negligence can be an important part of healing after losing a loved one.
In California, there are laws in place for filing a wrongful death claim and a survival action. The details of your situation will dictate which is appropriate; each type of claim has its own particular benefits and process for filing. Do not try to figure out everything on your own. An experienced wrongful death attorney can answer questions you might not think of asking and make sure your rights are protected.
The longer you wait, the more difficult your situation may become. California sets a limit on the amount of time a person has to file and pursue a personal injury claim after an accident. Called the "statute of limitations," this time limit will expire if you wait too long, forever preventing you from seeking rightful compensation owed to you by negligent parties. Even if you don't plan on filing a claim, it will be beneficial to speak with a skilled Santa Barbara pedestrian accident lawyer.
At NordstrandBlack PC, our Santa Barbara personal injury attorneys provide clients with aggressive representation so they can obtain just compensation. Contact our Southern California law firm today at (805) 962-2022 for a free initial consultation. We’ll explain your rights and options, and show you how we can help after an injury.
- Pedestrians in Greatest Danger in Decades
- If a Distracted Driver Hits a Pedestrian, Who Is to Blame?
- Drive Safely in Residential Neighborhoods
- Pedestrian & Bicycle Safety - Caltrans
- Pedestrian Safety - NHTSA
September 14, 2019
September 8, 2019
September 1, 2019