Pedestrians should not have to worry about their safety while walking on sidewalks, carrying groceries to their cars in parking lots, or crossing streets. Locations such as Downtown Anaheim, near Disneyland, and along major roads like Katella Avenue and Harbor Boulevard are particularly prone to pedestrian traffic and, unfortunately, accidents. Areas around shopping centers, like the Anaheim Plaza, and busy intersections can also be hazardous for pedestrians.
If a car recently hit you or a loved one while you were walking in these or other areas, you may be entitled to recover compensation from the driver. An Anaheim pedestrian accident lawyer can investigate your case to determine if you have a viable personal injury claim.
With a legacy of over 50 years in personal injury law, we recognize the significant toll that pedestrian accident injuries can take on you and your family in Anaheim. Daniel Benji and his dedicated team are here to provide unwavering support through every step of your recovery process.
- Recovering Lost Wages: Injuries from pedestrian accidents often lead to missed work and lost income. Our team is committed to securing compensation for your lost wages by meticulously gathering the necessary documentation, such as medical records and employment information. We build a strong case to ensure you are compensated for the income you have lost due to your injuries.
- Addressing Property Damage: We will work to obtain fair compensation for the repair or replacement of any damaged property. We handle all aspects of the property damage claim, ensuring that you are justly compensated for your losses and inconveniences.
- Covering Medical Expenses: We aggressively negotiate with insurance companies and, if necessary, pursue legal action to recover all medical expenses related to your injury. This comprehensive approach allows you to concentrate on healing, knowing that your medical costs are being handled.
- Providing Emotional and Psychological Support: Our attorneys understand that the impact of a pedestrian accident extends beyond physical injuries. Pain, suffering, and emotional distress are significant aspects of your experience. We accurately assess these non-economic damages and fight to secure compensation for the emotional and psychological effects of your injury.
At Benji Personal Injury, we are committed to standing by your side, advocating for your rights, and working tirelessly to secure the compensation and justice you deserve. Let us handle the complexities of your case so you can focus on your recovery and well-being. Call us today!
Our commitment to the Anaheim community extends beyond legal representation. Daniel Benji and his team are dedicated to ensuring that clients injured in pedestrian accidents receive the compensation they deserve from insurance companies and responsible parties. Our thorough understanding of personal injury law enables us to handle the complexities of these cases effectively.
We provide comprehensive support to our clients, ensuring they have access to necessary medical care even if they lack insurance. By managing the legal burden, we allow our clients to focus on their recovery without the added stress of navigating legal challenges.
Our team diligently investigates every pedestrian accident, collecting evidence, interviewing witnesses, and building a strong case to secure justice for our clients. Our expertise in personal injury claims helps us tackle the unique challenges each case presents, ensuring a focused and strategic approach.
Beyond our legal work, Daniel Benji and his team are deeply invested in the Anaheim community. The “One Step at a Time Scholarship” is one of our key initiatives, supporting students who have overcome significant challenges. This $1,000 scholarship is available to high school seniors, college, and graduate students who are U.S. residents with a minimum 3.0 GPA. Applicants must submit an essay detailing a personal hardship and their journey of recovery, along with a resume and transcript. The application deadline is September 30, 2024.
We genuinely care about your well-being and are committed to guiding you through the aftermath of pedestrian accidents. Whether your injuries are minor or severe, we provide the legal expertise and compassionate support you need during this challenging time. Trust us to advocate for your rights and work tirelessly to secure the compensation and justice you deserve.
Contact us today to understand how we can help you with your case with a free consultation!
If you’ve been hit by a car while walking, it’s important to take the following steps to protect your health, legal rights, and ability to secure compensation:
- Move to a Safe Location: If possible, get out of the roadway to avoid further injury. Find a safe place to wait for help.
- Call 911: Report the accident immediately and request medical assistance. Even if you feel fine, it’s crucial to get checked by a medical professional as some injuries may not be immediately apparent.
- Follow Medical Advice: Follow through with all medical treatments and keep records of all medical visits, diagnoses, and treatments. This documentation is essential for your injury claim.
- Police Report: When the police arrive, provide them with an accurate account of the accident. Ensure that a police report is filed, as this document will be critical for your insurance claim and any potential legal action.
- Photographs and Videos: Take photos and videos of the accident scene, including vehicle damage, your injuries, road conditions, traffic signs, and any other relevant details.
- Witness Information: Collect contact information from any witnesses. Their statements can be valuable in corroborating your account of the accident.
- Driver Information: Obtain the driver’s name, contact details, insurance information, and vehicle registration. Make sure to note the make, model, and license plate number of the vehicle involved.
- Limit Conversations: Do not discuss the accident in detail with the driver or witnesses. Avoid making statements that could be interpreted as admitting fault.
- Stay Calm: Remain composed and stick to the facts when speaking with the police and medical personnel.
- Seek Legal Advice: Contact a pedestrian accident attorney from our firm to discuss your case. We can provide guidance on your legal options, help gather evidence, and represent you in negotiations with insurance companies or in court.
- Report Promptly: Inform your insurance company about the accident as soon as possible. Provide them with the basic details but avoid giving a recorded statement until you’ve consulted with an attorney.
- Documentation: Keep records of all communications with your insurance company and the driver’s insurance company.
- Preserve Evidence: Your attorney will ensure that all necessary evidence is collected and preserved to build a strong case for your claim.
- Medical Records: Maintain a file of all medical reports, bills, and correspondence related to your treatment.
- Accident-Related Expenses: Keep receipts for any expenses related to the accident, such as medical co-pays, transportation costs, and any other out-of-pocket expenses.
- Journal: Consider keeping a journal to document your physical and emotional condition following the accident. This can help illustrate the impact of the accident on your daily life.
- Be Cautious Online: Avoid posting about the accident or your injuries on social media. Insurance companies and opposing parties may use your posts against you to undermine your claim.
In California, the statute of limitations for filing a pedestrian accident claim is generally two years from the date of the accident. This means you must file your lawsuit within two years of the incident. If you do not file your claim within this two-year period, you will likely lose your right to pursue compensation, regardless of the merits of your case.
However, several exceptions can extend or alter the standard two-year statute of limitations:
- Claims Against Government Entities: If your pedestrian accident involves a government entity (e.g., a city bus or poorly maintained public sidewalk), you must file an administrative claim with the appropriate government agency within six months of the accident. If the government agency denies your claim or does not respond within a specified period (usually 45 days), you then have six months from the denial to file a lawsuit in civil court.
- Discovery Rule: In some cases, injuries or their connection to the accident may not be immediately apparent. Under the “discovery rule,” the statute of limitations begins when you discover, or reasonably should have discovered, your injury and its cause. This can extend the filing deadline beyond the standard two years.
- Minors: If the injured pedestrian is a minor (under 18 years old), the statute of limitations is tolled (paused) until they turn 18. The injured minor then has two years from their 18th birthday to file a personal injury lawsuit.
- Mental Incapacity: If the injured pedestrian is mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain mental competency. This provision ensures that individuals who are not in a position to understand their legal rights can still seek justice once they are capable.
- Out-of-State Defendants: If the person responsible for the accident leaves California after the accident but before you file a lawsuit, the statute of limitations may be tolled during their absence.
Even though two years seems like a long time, when you consider the amount of evidence needed for your claim, it’s more even more important to contact an Anaheim personal injury lawyer from our firm as soon as possible!
While you might not need ALL of the below evidence, gathering as much of it as possible can only improve the chances of winning your pedestrian accident case:
- Police Report: Official documentation of the accident details and involved parties.
- Medical Records: Comprehensive documentation of injuries and treatments.
- Photographs and Videos: Visual evidence of the accident scene, injuries, and property damage.
- Eyewitness Statements: Contact information and testimonies from witnesses.
- Driver Information: Name, contact details, insurance information, and vehicle registration of the driver involved.
- Accident Reconstruction Reports: Expert analysis of the accident to determine fault.
- Traffic Camera Footage: Video evidence from nearby cameras capturing the accident.
- Bystander Videos: Any recordings from bystanders present at the scene.
- Damage Estimates: Repair or replacement estimates for any damaged property.
- Lost Wages Documentation: Pay stubs, tax returns, and employer statements showing lost income.
- Insurance Correspondence: Records of all communications with insurance companies.
- Personal Diary: Documentation of pain, suffering, and daily challenges post-accident.
- Receipts for Out-of-Pocket Expenses: All receipts for expenses related to the accident.
- Cell Phone Records: If distracted driving is suspected, records showing phone use at the time of the accident.
- Weather Reports: Conditions at the time of the accident, if relevant.
It’s important to not get overwhelmed by this list. Our personal injury attorneys will take the pressure off you and do the hard work in getting this together as much as possible so you can focus on recovering from your injuries.
At Benji Personal Injury, we understand that the aftermath of a pedestrian accident can be overwhelming, both emotionally and financially. To ensure that everyone has access to high-quality legal representation without the burden of upfront costs, we offer a contingency fee arrangement.
Here’s how it works and how it can benefit you:
- Accessible Representation: You don’t need to worry about paying any legal fees upfront. Our contingency fee structure ensures that you can afford top-tier legal representation without financial strain.
- Financial Relief: This arrangement allows you to focus on your recovery and well-being, knowing that your legal fees are covered until we secure a positive outcome for your case.
- Aligned Interests: Our fees are a percentage of the compensation we recover for you. This means that our payment is directly tied to the success of your case, aligning our interests with yours.
- Motivated Advocacy: Because we only get paid if we win your case, you can be assured that we are fully committed to achieving the best possible outcome on your behalf.
- Clear Agreement: We will discuss and agree on the exact percentage before starting your case, ensuring complete transparency and mutual understanding.
- Covering Case Expenses: While our contingency fee covers attorney fees, there may be additional case-related expenses such as court filing fees, expert witness fees, and costs for obtaining medical records. These expenses are typically deducted from your settlement or award.
- Transparent Terms: We will clearly outline how these expenses are handled in our retainer agreement, so you know exactly what to expect from the beginning.
This approach allows you to pursue justice and compensation confidently, knowing that our success is directly tied to yours. We are dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Contact us today to learn more about how we can help you on a contingency fee basis.
We understand that time is of the essence when dealing with pedestrian accident injuries, and we know that there are dozens of injury attorneys who could handle your case.
But here’s why we believe our firm stands out, and why we’re the best to take on your case:
Fast and Reliable Service
- Immediate Action: From the moment you contact us, we take swift action to assess your case, gather evidence, and start building a strong claim. Our proactive approach ensures no time is wasted in seeking justice for you.
- Quick Response Times: We pride ourselves on our responsiveness. Our team is always available to answer your questions, provide updates on your case, and address any concerns you may have promptly.
- Efficient Case Management: With years of experience handling pedestrian accident cases, our streamlined processes allow us to manage your case efficiently. We work diligently to move your case forward, avoiding unnecessary delays and ensuring a timely resolution.
Expertise and Experience
- Specialized Knowledge: Our attorneys have extensive experience and a deep understanding of personal injury law, particularly in pedestrian accident cases. This expertise enables us to handle your case effectively, ensuring that all legal strategies are implemented quickly and correctly.
- Proven Track Record: Our history of successful verdicts and settlements speaks to our reliability and dedication. We have a strong track record of achieving favorable outcomes for our clients, reflecting our commitment to excellence.
Comprehensive Support
- Handling All Aspects of Your Case: From dealing with medical expenses to negotiating with insurance companies, we cover all aspects of your case. Our comprehensive support means you can rely on us to manage the legal complexities while you focus on your recovery.
- Transparent Communication: We maintain open and honest communication with our clients. You will always be informed about the status of your case and what to expect next, giving you peace of mind throughout the process.
Compassionate Care
- Personalized Attention: We provide individualized care and attention to each client, ensuring your unique needs are met. We genuinely care about your well-being and are committed to helping you navigate the aftermath of your accident.
- Client-Focused Approach: Our client-focused approach means we prioritize your best interests at every stage of your case. We stand by your side, advocating for your rights and working tirelessly to secure the compensation you deserve.
Choosing Benji Personal Injury means opting for a law firm that prioritizes speed, reliability, and effective legal representation. We are dedicated to securing the best possible results for you in the shortest time frame, ensuring that you receive the justice and compensation you deserve without unnecessary delays.
Other Locations We Serve
Our legal experts cover the entirety of California, including but not limited to:
- Anaheim
- Garden Grove
- Los Angeles County
General Information on Pedestrian Accidents in Anaheim
Anaheim Pedestrian Accident LawyerRelevant California Laws Regarding Pedestrian Accidents
In California, pedestrian safety is governed by several key laws designed to protect pedestrians and assign liability in the event of an accident:
Right-of-Way Laws
- California Vehicle Code Section 21950: This law states that drivers must yield the right of way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. Drivers are required to slow down or stop to allow pedestrians to cross safely.
- California Vehicle Code Section 21954: Pedestrians who cross outside of crosswalks must yield the right of way to vehicles. However, this does not absolve drivers of the duty to exercise due care for the safety of any pedestrian on the roadway.
Duties of Drivers and Pedestrians
- California Vehicle Code Section 21951: If a vehicle has stopped at a crosswalk to allow a pedestrian to cross, other vehicles approaching from behind must also stop and not overtake the stopped vehicle.
- California Vehicle Code Section 21955: Pedestrians must use crosswalks at intersections with adjacent signals or control devices, such as traffic lights. Jaywalking across such intersections is prohibited.
- California Vehicle Code Section 23123.5: Although this section primarily addresses the prohibition of using handheld devices while driving, it emphasizes the broader concept of avoiding distractions. Both pedestrians and drivers should remain vigilant and avoid distractions to prevent accidents.
- California Civil Code Section 1714: California follows a comparative negligence system, which means that a pedestrian can still recover damages even if they are partially at fault for the accident. The compensation awarded will be reduced by the percentage of fault attributed to the pedestrian.
Speed Limits and Safe Driving Practices
- California Vehicle Code Section 22350: This “Basic Speed Law” requires drivers to never drive faster than is safe for current conditions, regardless of posted speed limits. Drivers must consider weather, visibility, traffic, and road conditions.
To understand these laws better and how they might apply to your situation, get in touch with us for a free case evaluation
Some of The Reasons Why Cars Hit Pedestrians
Accidents involving walkers generally occur when a car driver fails to spot a pedestrian with sufficient time to prevent a crash. Some of the reasons most commonly cited for pedestrian accidents in the Anaheim areas are as follows:
- Speeding: If a car is driving too fast, its driver could be unable to stop for a pedestrian crossing the road. Excessive speed may also cause a driver to lose control of their car, causing it to veer off of the road and onto a sidewalk into the path of a walker.
- Distracted driving: Changing the radio station, reading a text message, putting on makeup, eating a snack, or any other activity that diverts a driver’s attention from their driving duties could cause a driver to miss seeing a pedestrian about to cross the road.
- Drunk driving: When drivers are drunk or under the influence of drugs, they have a slower reaction time, and they may not have the mental capacity or physical ability to act quickly to prevent a crash.
No matter the cause, an Anaheim pedestrian accident attorney from our firm would collect and examine all the evidence relevant to the accident. They would review the police report, visit the crash scene, and inspect the driver’s car. They would also speak to eyewitnesses to see if they noticed any suspicious behavior in the driver before the crash. If the evidence points to the driver’s fault, the attorney assigned to your case could help you pursue for rightful compensation.
Speak to a Pedestrian Accident Attorney in Anaheim Today!
If a driver hit you while you were crossing the road, you should not have to bear the consequences alone. An Anaheim pedestrian accident lawyer could help you pursue financial recovery from that at-fault driver. With a lawyer at your side, you would be better able to collect evidence to prove your case for compensation.
Schedule a consultation today to get started.
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