PEDESTRIAN ACCIDENT LAWYER
Even if pedestrians look both ways, only cross on their turn at intersections, and wear high-visibility clothing, there’s no guarantee that distracted or drunk drivers will react in time to prevent a deadly crash.
Drivers have a duty of care to prevent harm to all other users of the road, including pedestrians who are the most prone to serious injuries when accidents happen. If you or a loved one has been injured while walking in the streets of California, you have the right to seek compensation for your injuries.
We’re here to help. Contact Win Nguyen Law immediately after any accident and before you speak with insurance companies. Every detail of your case matters in maximizing your compensation or settlement, and our team is prepared to guide you to justice!
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Do You Need a Pedestrian Accident Lawyer?
Yes.
Out of all pedestrian accident cases, the cases that had the best results were represented by an experienced accident lawyer who has handled pedestrian accidents before.
Pedestrians have no protection from the crash forces of a speeding car. This means injuries are often more severe and more costly for insurance companies to cover. So insurance companies have a greater incentive to unfairly deny or minimize legitimate pedestrian injury claims, at all costs.
It can also be difficult to try and investigate your accident if you were the victim of a hit-and-run. Without an extensive legal background, you may not know how to track down the guilty driver, or what options you have to seek compensation.
Don’t let these issues stop you from exercising your right to fair compensation for your injuries. Book a free consult with the expert pedestrian accident lawyers of Win Nguyen Law today, so you can focus on making the best recovery you can.
Who is at Fault for Pedestrian Accidents in California?
California is an at-fault state, meaning that whoever caused the accident is liable for the resulting damages. Therefore, to successfully prove that an injured pedestrian is entitled to compensation for their injuries, the injured party (or their lawyer) must prove the following:
1. Duty of Care
“Duty of Care” refers to the legal obligation for individuals to take reasonable care to avoid causing injury to harm or others.
Motor vehicle drivers have a duty of care to pedestrians, which they fulfill by driving safely, following all traffic laws, and avoiding car accidents. Pedestrians in turn have a duty of care to use crosswalks at clear intersections and cross the street in a safe manner.
2. Breach of Duty of Care
Pedestrian accident victims (or their lawyer) must prove that the at-fault driver was negligent and breached their duty of care.
Drivers commonly show negligence in the following ways:
Running a red light or stop sign
Speeding
Drunk driving (DUI)
Distracted driving (texting while driving)
Failure to Yield the Right-of-Way
Unsafe Lane Changes
3. Causation
Injured parties must prove that the defendant’s negligence was a direct cause of their injuries.
4. Damages
Injured parties must prove that they suffered damages as a result of the accident, and to what extent they were injured. Damages includes both bodily injuries as well as psychological injuries.
If you sustained catastrophic injuries as a pedestrian from an accident, it is important to speak with an experienced personal injury attorney as soon as possible. The specialized attorneys of Win Nguyen Law can help you investigate your accident thoroughly, collect evidence for the accident and for your injuries, and ensure that the liable parties pay their fair share for the rightful compensation your injuries deserve.
If your injuries are severe or worsen over time, “Who is at fault?” is the most important question.
The best way to answer this question is to contact the attorneys of Win Nguyen Law to learn more about your rights and your options.
Call 714-468-5663 to get started.
Common Injuries Seen in Pedestrian Accidents
Pedestrian injuries are often catastrophic and are much more expensive to treat than the average person realizes.
These are the most common pedestrian accident injuries:
Road rash and “degloving” injuries
Cuts, lacerations, and bruises
Broken bones
Traumatic Brain Injuries (TBI) and concussions
Back injuries and Spinal Cord Injuries (SCI)
Organ damage and internal bleeding
Disfigurement or loss of limb
Even if your pedestrian accident did not result in a catastrophic injury, you still have the right to seek compensation for all damages related to your accident. Less severe injuries like heavy bruising can still cause you to miss time from work or prevent you from taking proper care of your family, putting you in a tough financial spot.
What Kind of Damages Can I Claim?
In California, you have the right to seek compensation for all damages related to your accident, not just your physical damages. An experienced personal injury lawyer can help you collect evidence and prove all these damages to sway the insurance company or the jury to properly pay for your damages.
Common damages include:
Medical bills
Necessary medical equipment
Lost wages
Loss of future income or earning capacity
Pain and suffering
Mental anguish
Property damage
Disability or loss of limb
Without the guidance of an accident lawyer, your financial needs are likely to be ignored or lowballed by insurance companies. Don’t fight your case alone! A skilled lawyer can help you negotiate for your full and fair compensation, inside and outside of court.
I Already Have a Settlement Offer, Do I Still Need a Lawyer?
YES, you still need a lawyer. Do NOT accept an early settlement offer.
You should never accept a settlement offer from an insurance company without an accident lawyer’s guidance. Insurance companies are not on your side, and their business has every reason to try and quickly settle your case for as little money as possible.
Without proper legal representation, accident victims often get manipulated into accepting lowball offers that don’t fully cover their injuries. Several damages don’t become apparent to accident victims until weeks after the accident, and accepting any early settlement offer will lock you out of being able to pursue the full and fair compensation that you and your family deserve.
If you have suffered any injury as the result of an accident and think you may be entitled to compensation, fill out the free case evaluation form above or call 714-468-5663.
How Much Does It Cost to Hire a Pedestrian Accident Lawyer?
Nothing.
It is standard for accident lawyers to work on a contingency basis. This means the lawyer won’t get paid until you get paid for your case. The attorney will also cover any upfront costs for things like paying the experts for their time spent testifying in court on your behalf.
Therefore, a pedestrian accident lawyer has every reason to work their hardest and maximize the compensation you receive for your personal injury case.
Have a story to tell? We’d love to help.
Call 714-468-5663 and tell us your accident story today, and we’ll happily explain your legal options at no cost.
How Do I Get the Most Money Possible in a Compensation or Settlement?
Follow the steps below to ensure that you are awarded the maximum settlement in your case.
1. Call the Police
California law requires drivers to call the police if anyone has suffered ANY injury as a result of an accident, no matter how minor. As such, even minor complaints of pain legally obligate drivers to notify the police of their accident. The authorities will record the details of your accident in their police report and help you get medical or roadside assistance if you haven’t already. The police will also help ensure that the at-fault party cooperates if they are at fault for the accident.
2. Take Pictures and Collect Info from Everyone
No pictures or eyewitnesses means no proof. You MUST gather evidence while it is still fresh, and even the most detailed accident reports written by the police will commonly be missing information that could help your case.
You, a loved one, or your attorney should collect the following while at the scene of the accident:
Pictures of the car(s) involved, all injuries suffered, AND the location and current road conditions of the accident (wet, icy, pothole, etc).
The name of everyone in all involved cars, including passengers.
The at-fault driver’s name, phone, address, and driver’s license (taking a photo of the license is often easiest)
The at-fault driver’s insurance information, including the license plate number
The name, phone number, and address of any witnesses.
While not immediately urgent, it can prove very helpful to gather quick statements from the witnesses, as well as dashcam footage from nearby cars and surveillance camera footage from nearby establishments. Video footage is often subject to regular and frequent deletion until owners are put on notice to preserve evidence.
3. Seek Medical Care
The sudden impact from a car accident may cause your adrenaline to spike. Therefore, you may feel okay immediately after an accident, but then feel pain or other symptoms afterwards. Deeper, more severe injuries such as brain injuries (TBI) or spinal cord injuries could take even longer for you to notice.
While you may not always need to go to the ER, most qualified attorneys will strongly urge you to schedule an appointment with your doctor after any accident, even if you don’t feel the need to. This will also create a strong history in your medical records that proves you did everything possible to take care of yourself and tried to prevent your injuries from worsening, which will help ensure you get maximum compensation for your case.
4. Call an Accident Lawyer
The most important thing to do is to never talk to the at-fault driver’s insurance company until you have consulted with a lawyer. Insurance companies will employ any number of underhanded tactics to force you to admit fault or minimize how much they'll pay for your claim.
The best car accident lawyers are the ones that know the system and are prepared to fight back against these dirty strategies, which often means years of experience spent studying both sides.
Contact the attorneys of Win Nguyen Law or call 714-468-5663 to book a FREE consultation with lawyers who have spent over a decade learning and countering the manipulative tactics of insurance companies.
Pedestrian Accident Lawyers Near Me
Win Nguyen Law is proud to serve communities all over the Southern California area, including Los Angeles and Orange County. Obtaining specialized legal representation with a proven track record of winning cases is just a phone call or text message away.
The attorneys of Win Nguyen Law regularly travel to meet clients in their homes or close to their homes. Reach out for a free consultation if you’re unable to travel to our offices in Orange County, and we’ll send out a qualified attorney to discuss your case as soon as possible.
Don’t wait to win! Click the button below to find a personal injury lawyer who can compassionately understand your case and dedicate themselves to maximizing your rightful compensation.
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Who is Win Nguyen Law?
Win Nguyen Law is a law firm based in Orange County, California founded by Jim T. Nguyen, and staffed by Jim and his fellow attorney Julie H. Chen.
With decades of collective experience in the legal field, Jim and Julie have helped the people of Los Angeles and Orange County learn their legal rights and win their deserved compensation for a variety of injuries, which include car accidents, truck and other vehicle accidents, slip and fall, dog bites, medical malpractice, and wrongful death. They are widely known and appreciated for their strong problem solving skills and compassionate, honest approach to proving their clients’ cases to both insurance representatives and juries alike.
When they have free time, Jim likes to hit the gym, travel the world with his girlfriend, and volunteer alongside his police and firefighter friends at events, while Julie enjoys trying new food and drinks, going to concerts, and spending precious time with her husband and her two daughters.
Jim Nguyen, Julie Chen, the Law Offices of Jim T. Nguyen, and Win Nguyen Law are licensed to practice law in California.