Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.
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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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.
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:
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.
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:
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:
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.
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:
By increasing damage amounts and decreasing fault in the accident, your accident attorney will help you receive the most compensation possible.
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.
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.
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:
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.
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.
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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