Orange County Pedestrian Accident Lawyer

Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.

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Orange County Pedestrian Accident Lawyer

Request free consultation

Do you walk to work or run errands every day? Whether you enjoy the California sunshine, want to cut down on your carbon footprint, or enjoy exercising, you’re one of the millions of people who choose walking as their main method of transportation. Walking is great for your health and well-being, but unfortunately, it can be hazardous as well. If you or a loved one has suffered injuries, consult with an experienced Orange County personal injury attorney at our firm today.

Call (714) 783-2205 or contact us online to schedule a free consultation.

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Why Choose DiMarco | Araujo | Montevideo for Your Claim?National Top 40 Under 40 Trial Lawyers

  • At DiMarco | Araujo | Montevideo, we have more than 30 years of experience helping individuals who have sustained pedestrian injuries throughout the state of California.
  • We firmly believe in putting clients first, which means we take the time to listen to your stories so we can formulate the best strategy moving forward for your claim.
  • We can come to meet you where you are if you cannot make it to our office. We can come to your hospital room or your house to make sure that we get your claim started promptly.

Client Testimonials: ★ ★ ★ ★ ★

“Amazing from start to finish.” -L.P.

“Best firm I’ve ever used.” -T.F.

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Orange County Pedestrian Accident Lawyers

Pedestrian Accident Overview

In 2022, 7,522 pedestrians were killed in accidents, with thousands more injured, according to the National Highway Traffic Safety Administration. California leads the nation in pedestrian accidents for the second year in a row. These incidents often result in severe injuries, including broken bones, brain trauma, and spinal injuries, sometimes unrelated to car accidents.

With no protective gear, pedestrians frequently face significant medical expenses, lost wages, or even the inability to work. If you’ve been injured in a pedestrian accident due to someone else’s negligence, contact an Orange County pedestrian injury lawyer to explore your legal options.

What Can a Pedestrian Accident Lawyer Do For You?

Hiring a lawyer is often the best way to secure fair compensation for your losses, including medical bills and lost wages.

At DiMarco | Araujo | Montevideo, our lawyers provide comprehensive support throughout your claim, including:

  • Connecting you with top doctors in Orange County.
  • Addressing your legal questions and concerns.
  • Revisiting the accident scene to gather evidence.
  • Collecting supporting proof, such as photographs and medical records.
  • Managing all communication with the driver’s insurance company.
  • Negotiating for a fair and full settlement.
  • Representing you at trial, if necessary.

Insurance companies often work to protect their interests, not yours. Having an experienced attorney ensures you receive a fair settlement, helping you and your family move forward after a devastating accident.

Proving Fault and Negligence in an Orange County Pedestrian Accident Case

Before you can recover financial compensation for your injuries and losses as a pedestrian, you must prove that another party was at fault. This is how the insurance system works in California and other fault-based insurance states. The driver’s insurance company will require clear and convincing evidence of its policyholder’s fault before paying for damages.

In general, proving fault requires establishing four main elements:

  • Duty of Care – The driver (or another defendant) owed the pedestrian a duty of care, meaning they had a responsibility to act as a reasonable person would under similar circumstances.
  • Breach of Duty – The defendant must have breached this duty, such as by texting while driving, failing to yield, or speeding.
  • Causation – There must be a direct connection between the breach of duty and the pedestrian accident. The defendant’s negligence must be a significant contributing factor.
  • Damages – The pedestrian must have suffered injuries or other compensable losses, such as medical bills, lost wages, or pain and suffering.

Negligence is defined as a failure to act in a reasonable manner. When driving, this means following traffic laws, paying attention to all road users—including pedestrians—and driving at a safe speed. In 2020, 75% of all pedestrian accidents occurred in non-intersection locations, suggesting that:

  • Drivers pay less attention to pedestrian traffic in non-designated crossing areas.
  • Pedestrians must exercise extra caution when crossing streets outside of intersections.

California’s Comparative Negligence Rule

In some cases, both the driver and the pedestrian may share fault. Under California’s comparative negligence rule, an injured pedestrian can still recover compensation even if they are partially responsible for the accident. For example, if a pedestrian crossed the street at night without checking for traffic, but the driver who hit them was speeding or distracted, both parties may share liability. The pedestrian’s compensation would then be reduced by their percentage of fault.

During a pedestrian accident case in Orange County, it will be up to the injured party—or their attorney—to prove fault. The burden of proof in a civil claim rests with the plaintiff.

Hiring an experienced pedestrian accident attorney from DiMarco | Araujo | Montevideo can help you build a strong case by gathering evidence, proving negligence, and negotiating with insurance companies or presenting your case in court.

What Damages Can I Recover After a Pedestrian Accident?

Your attorney will gather evidence to minimize your share of fault. This may entail collecting medical records, police reports, witness statements, and other documents. Furthermore, he or she will also use evidence to maximize your compensation amount based on damages. Damages are money award that serves as compensation for loss and injury. These include:

  • Medical expenses – including doctor’s visits, treatment, and medication
  • Lost wages from missing work, now and in the future
  • Pain and suffering, both emotional and physical
  • Property damage
  • Wrongful death or loss of consortium if you lost a loved one

By increasing damage amounts and decreasing fault in the accident, your accident attorney will help you receive the most compensation possible.

Is There a Time Limit to File a Claim in California?

You must act quickly if you believe you have grounds to bring a claim against someone else for a pedestrian accident in California. The state has a statute of limitations that places a deadline on every injured victim’s right to file. In most cases, this deadline is two years from the date the accident occurred or the date of injury discovery.

If you wait until more than two years have passed to try to file a claim, the courts in Orange County will most likely refuse to hear your case. If your claim qualifies as an exception to the rule, however, you may have more or less time to file. Bringing a lawsuit against the government, for example, comes with a shorter statute of limitations than the average injury claim in California. Talk to an attorney with experience in pedestrian accident cases for a more precise filing deadline.

Do You Need to Go to the Doctor Right Away?

Pedestrian accident victims in Orange County should see a doctor immediately after the incident, even if they feel little or no pain, as some injuries may not show symptoms for hours or days. Prompt medical care is essential to avoid claim denial from insurance carriers or at-fault parties. It’s equally important to continue treatment until a doctor confirms maximum medical recovery, as stopping care early could jeopardize the claim.

Can a Pedestrian Ever Share Liability?

It is certainly possible for a pedestrian to be partially at fault for an accident, but that does not necessarily mean they will receive no compensation. Some of the main reasons that pedestrians could be completely or partially at fault include instances when the pedestrian:

  • Was intoxicated by drugs or alcohol
  • Distracted by a phone or another device
  • Horse-playing around traffic
  • Failed to properly use marked and available crosswalks
  • Crossed against a traffic signal
  • Walked along highways, bridges, or other areas where pedestrian access is prohibited

Since California operates under a “pure comparative negligence” system, individuals can still recover compensation even if they are found to be partially at fault for causing an incident. Pedestrians may still be able to recover compensation for their losses if they are found to be partially responsible for their own injuries. However, the total amount of compensation they receive will be reduced based on their percentage of liability.

Contact Our Pedestrian Accident Attorneys Today

Paying for an Orange County Pedestrian Accident Attorney

At DiMarco | Araujo | Montevideo, our attorneys handle Orange County pedestrian accident claims on a contingency fee basis. This means that we handle all upfront and out-of-pocket costs related to your pedestrian accident case. You will not have to pay anything while the case is ongoing.

In fact, our team will not collect any legal fees until after we are successfully able to recover compensation through an insurance settlement or as a result of a personal injury jury verdict on your behalf. If we do not win, we do not pay.

Contact Our Orange County Pedestrian Accident Lawyers

At DiMarco | Araujo | Montevideo, we fight for our clients with compassion and vigilance. We provide effective representation for clients in Orange County and surrounding areas in Southern California and have more than 30 years of experience fighting and winning pedestrian and car accident cases.

We approach each of our cases as if they involve a family member, and we will come to you where and whenever is best for you. Dealing with insurance companies and medical professionals can be stressful after an accident, so let us help and give you the peace of mind you need.

If you or a loved one has been injured in a pedestrian accident in Orange County, contact our injury attorneys for a free legal consultation 24/7.

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