Pedestrians are far more likely to suffer catastrophic injuries than individuals traveling in motor vehicles. When you are involved in a car accident, the vehicle will absorb a considerable amount of the force of the wreck. However, when you are hit by a car while walking, your body will absorb the full impact of the collision. When someone else’s negligence causes debilitating injuries, you should not be stuck covering the costs. Demand the at-fault party be held accountable to the fullest extent of the law. Turn to a top-rated San Clemente pedestrian accident lawyer from Text Kevin Accident Attorneys when you are ready to fight for the just compensation you deserve.
Our firm is prepared to investigate the cause of the accident, identify those responsible, negotiate with the insurance company, and fight for your rights before a judge and jury. Focus on your recovery while your personal injury attorney handles the legal details of your case. Schedule your free consultation today to learn more about how much your damages are worth, how the pedestrian accident claims process works, and what to expect from your personal injury claim.
San Clemente Pedestrian Accident Statistics
The California Office of Traffic Safety keeps a detailed list of notable motor vehicle statistics throughout the years. The OTS Crash Rankings from 2021 are the most recent statistics available. When reviewing accidents in San Clemente, there are a few notable details, including:
141 total injuries and deaths
11 pedestrian accidents
9 motorcycle accidents
16 alcohol-involved collisions
72 drunk driving arrests
19 bicycle accidents
12 hit and runs
16 speeding accidents
16 collisions that occurred between the hours of 9:00 PM and 2:59 AM
Be Cautious On These Dangerous Roads and Intersections in San Clemente
Any road has the potential to be dangerous, but the following roadways and intersections near San Clemente can be particularly hazardous. If you find yourself traveling through these areas, exercise extreme caution or avoid them altogether if possible to reduce the likelihood of a car accident:
Harbor Boulevard at Gisler Avenue in Costa Mesa
Talbert at Bushard in Fountain Valley
Slater at Euclid in Fountain Valley
Slater at Magnolia in Fountain Valley
Malvern Avenue at Euclid Street in Fullerton
Raymond Avenue at Chapman Avenue in Fullerton
Bushard at Adams in Huntington Beach
Rosecrans Avenue at Gilbert Street in Fullerton
Lampson Avenue at Haster Street in Garden Grove
Tip Practice defensive driving when you are traveling through a dangerous intersection. When you anticipate driver negligence or the potential for a dangerous situation, you may be able to avoid a collision.
Steps to Take After a Pedestrian Accident in San Clemente
To build the strongest case possible after a pedestrian accident, take the following steps:
Contact emergency responders
Collect evidence at the pedestrian accident scene, if possible
Get medical attention
Hire a pedestrian accident attorney in San Clemente, CA for help
File a claim against the liable party’s insurance policy
Prepare to bring your pedestrian accident case to trial
Pro Tip Do not make the mistake of being active on social media after a pedestrian accident. You can expect the insurance company and the liable party to look you up on social media and try to determine whether you are exaggerating the extent of your injuries. While your insurance claim or pedestrian accident lawsuit is pending, protect your settlement by waiting to post photos of yourself, your family, or discuss the accident online.
Demand Justice For Your Pedestrian Accident Injuries
Some of the most common types of injuries our pedestrian accident clients have reported include:
Fractures
Neck injuries
Whiplash
Traumatic brain injuries (TBI)
Road rash
Broken bones
Concussions
Spinal cord injuries
Note When you choose Text Kevin Accident Attorneys, you get to work with a legal advocate on contingency per Rule 1.5 Fees for Legal Services by the State Bar of California. We do not require payment for our legal services unless or until we win. This is our no-win, no-fee guarantee.
Local Results
Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles
Case Type
Car Accident
Location
California
Settlement
$1,045,000.00
Top Causes of Pedestrian Accidents in San Clemente, CA
Some of the most common causes of pedestrian accidents in San Clemente include:
Distracted driving
Speeding
Failure to yield
Right of way violations
Drowsy driving
Aggressive driving
Dangerous road conditions
Life is better now!
Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.
My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).
“OH” and can’t forget, His support team gets 5 stars as well.
Thank you Kevin, Thank you!
Rob Peltier San Clemente, CA Accident
San Clemente Pedestrian Accident FAQs
Your pedestrian accident lawsuit must be filed in accordance with California Code of Civil Procedure § 335.1. According to the California personal injury statute of limitations, catastrophic injury victims generally have just two years from the accident date to file suit. Unfortunately, if your claim is not filed before time runs out, the court system could bar you from moving forward with your legal case. It is important to find out whether extenuating circumstances in your cause could temporarily pause the statute of limitations countdown.
For instance, if the liable party leaves the state, your minor child is the pedestrian who was injured, or you were diagnosed with injuries at a later date, the statute of limitations could be tolled which would give you more time to prepare your claim. You can find out how much longer you have to get your pedestrian accident lawsuit filed when you contact our law office to discuss the specific details of your case.
The burden of proof being based on a preponderance of the evidence means the evidence must be clear and convincing of the defendant’s liability. Unlike criminal court, where the prosecutor must prove guilt beyond a reasonable doubt, in civil court, the burden of proof is based on a preponderance of the evidence.
According to the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60, your pedestrian accident lawyer with Text Kevin Accident Attorneys will need to introduce compelling evidence. The evidence does not need to remove all doubt, but it must clearly convince the jury that the defendant is more likely than not at fault for your injuries or the accident that caused them. Some examples of evidence that could be most powerful in a pedestrian accident case include:
Video footage of the collision
Witness statements
Testimony from responding officers
Copies of the accident report
The driver’s chemical blood test results
The driver’s driving history
The driver’s employment records
Photos of your injuries
Testimony from family and friends
Passenger testimony
Copies of your medical records
Reports from accident reconstructionists
Living in a fault insurance state means the at-fault party will be expected to cover the expenses of the injury victim. One of the most common ways injury victims recover compensation for their losses is by filing a claim against the liable party’s auto insurance policy. Not only is California a fault insurance state per California Insurance Code – INS § 11580.1, but auto insurance coverage is mandated by the California Department of Insurance. Motorists are required to carry at least $15,000 per person/$30,000 per accident in bodily injury liability coverage and a minimum of $5000 in property damage liability coverage.
When you file a claim with the at-fault party’s insurance company, their coverage limits will determine how much compensation you can be awarded. If the driver who hit you only has the minimum amount of auto insurance coverage, the most the insurance company may be expected to pay is $30,000 for medical bills and $5000 for property damage. If your damages exceed this limit, you may need to consider alternative options for financial relief.
It is quite possible your insurance settlement will not be enough to cover the total value of your damages. Healthcare expenses alone can result in hundreds of thousands of dollars in medical bills and if the driver who hit you does not have enough coverage to meet your needs, filing a pedestrian accident lawsuit in civil court may be your best option.
When your case goes to trial, you no longer have to worry about facing the same limitations or restrictions that come with an insurance settlement. Since your insurance settlement will likely only pay for medical bills and property damages, every other loss must be demanded through a personal injury claim. Examples of potentially recoverable damages could include:
Pain and suffering
Loss of consortium
Reduced earning potential
Lost wages
Disfigurement and skin scarring
Inconvenience
Loss of household services
Permanent disability
Emotional distress
It depends on how complex your case is. Some pedestrian accident victims can recover the compensation they are entitled to by filing a claim with the insurance company alone. Negotiations could take just a few weeks if there are no complications. However, if your insurance settlement is insufficient or the at-fault party does not have insurance coverage, your case may need to proceed to trial. If this happens, it could be months or even years before your case is resolved and you have access to the financial compensation that is rightfully yours.
Get Help From Our San Clemente Pedestrian Accident Attorneys Today
After everything you have been through, going through a complex legal battle may be intimidating. No one wants to spend weeks negotiating with insurance companies or showing up for trial in an attempt to get the liable party to accept responsibility for their negligence. However, this may be your best opportunity to get the financial support you are entitled to and bring the responsible party to justice.
With the support of a high-powered San Clemente pedestrian accident attorney from Text Kevin Accident Attorneys, you do not need to handle the stress and anxiety of your case alone. Our team will take over the legal nuances of your case so you do not need to feel as though the weight of the world is on your shoulders. Let us put our years of trial experience to work for you and your family. Fill out our confidential contact form or call our office to schedule your 100% free consultation as soon as today.
San Clemente FAQs
According to the State of California Department of Motor Vehicles, pedestrians have the right of way if they are traveling in a crosswalk. Pedestrians are allowed to jaywalk as long as it is safe to do so according to the “ Freedom to Walk Act”. Pedestrians are required to yield to motorists until they have a green light or the walk signal appears. Pedestrians are also prohibited from:
Blocking crosswalks while waiting at an intersection
Stepping into oncoming traffic while in a crosswalk
Stopping in the middle of a crosswalk
When you have been critically injured in a pedestrian accident, these hospitals are the closest to San Clemente, CA:
When you are traveling to San Clemente from Los Angeles it should take you approximately one hour and 15 minutes. One of the most direct routes is via CA-73 S and I-5 S, which spans about 66 miles.
Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.
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Kevin Crockett, Managing Partner
"Experience unity at our firm as I bring legal teams together for seamless collaboration and communication, ensuring successful navigation of car accident cases."
I'm Kevin Crockett, your Irvine based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Anaheim based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Santa Ana based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Moreno Valley based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Inland Empire.
I'm Kevin Crockett, your Norwalk based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Los Angeles County.
I'm Kevin Crockett, your Indio based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Coachella Valley.
I'm Kevin Crockett, your Palm Springs based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Coachella Valley.
Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.
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