It is not at all uncommon for pedestrians to suffer critical and life-threatening injuries when they are hit by a car while walking. Many pedestrians often succumb to their injuries, leaving their families in mourning. If you or someone you love was seriously injured and someone else is to blame, the at-fault party should be held accountable to the fullest extent of the law. Your top-rated Garden Grove pedestrian accident lawyer from Text Kevin Accident Attorneys can help you explore your legal options and build the strongest case possible against the liable party.
Our comprehensive investigation will uncover the identities of all those who share liability for your losses. With the right civil advocate on your side, you could be awarded the fair compensation you deserve. Contact our law office and schedule your free consultation today. When you do, you can learn more about how to get your medical expenses covered while you go through the claims process, how the injury claims process works, and how California’s personal injury laws could impact the outcome of your case.
Garden Grove Pedestrian Accident Statistics
Pedestrian accidents continue to be devastating. According to the California Office of Traffic Safety, there were 56 pedestrian accident injuries in 2021. There were also 610 injuries and deaths, 84 speeding-related accidents, and 149 DUI arrests that same year.
Which Roads and Intersections in Garden Grove Are the Most Dangerous?
The following roads and intersections are particularly dangerous. Exercise caution near these Garden Grove roads:
- Euclid St at Chapman Ave
- Brookhurst St at Chapman Ave
- Garden Grove Blvd at Dale St
- Magnolia Street at Lampson Ave
- Gilbert St at Chapman Ave
What to Do After a Pedestrian Accident in Garden Grove
Immediately after you are hit by a car, the accident scene will likely be chaotic. There may be people rushing to your aid who witnessed the accident, surrounding you, asking you if you are OK, wondering whether they should contact the police or call an ambulance. It is important to remain calm amidst the chaos whenever possible. While you may be dazed and confused, potentially from a traumatic brain injury, there are some steps you can take to remain levelheaded and get the help you need. These include:
- Contacting the Garden Grove Police Department and emergency responders
- Collecting evidence that can be found at the accident scene alone, such as photos of skid marks, traffic conditions, witness contact information, and writing a quick but detailed description of how the accident occurred in your own words
- Obtaining a medical evaluation so you can treat any invisible injuries and prevent the insurance company or liable party from accusing you of exaggerating the extent of your injuries
- Reaching out to a highly skilled pedestrian accident attorney in Garden Grove from Text Kevin Accident Attorneys to guide you through your next steps
Remember, for your pedestrian accident lawsuit to be successful, we must prove liability and negligence. On Page 230 – CACI No. 400. Negligence, the elements of negligence include duty of care, breach of duty, causation, and damages. The evidence we gather should be powerful and demonstrate how the defendant had a responsibility to your safety, breached that duty, and is responsible for causing your economic and non-economic damages.
We’ll Fight to Recover Compensation for All of Your Pedestrian Accident Injuries
Pedestrians often endure catastrophic injuries, including:
- Whiplash and cervical trauma
- Brain injuries and concussions
- Fractures and broken bones
- Damage to the spinal cord
If you suffered another type of injury, do not hesitate to contact our office to discuss your opportunities for legal recourse.
Can I Hire a Pedestrian Accident Lawyer on a Payment Plan?
You do not need to hire a pedestrian accident attorney in Garden Grove on a payment plan when you choose to work with Text Kevin Accident Attorneys. Instead of setting up a payment arrangement, we do not accept any payment for our services unless or until we win. According to Rule 1.5 Fees for Legal Services by the State Bar of California, when you hire a legal advocate on contingency, we are expected to take on all the financial risk. We will pay your court filing fees, hire accident reconstructionists and other forensic analysts, and cover any other necessary expenses that may arise throughout the process.
When we win, a predetermined percentage of your settlement will go towards our attorney’s fees. Many factors will determine what your contingency fee might be. Generally, the more complicated your case, the more your legal fees may be. In most cases, contingency fees can be as low as 20% or as high as 40% of whatever you are awarded. You can learn more about what your contingency fee might be when you connect with our pedestrian accident lawyers during your free consultation.
Can I Recover Compensation if I Share Some of the Blame for a Pedestrian Accident in Garden Grove?
Yes, since California follows pure comparative negligence laws. Sharing fault will, however, reduce the amount of compensation awarded for your damages.
If the crosswalk sign was not signaling you to cross, but you did anyway, it may be more challenging to recover the fair compensation you deserve, since you violated the state’s right of way laws.
If you are unsure whether you had the right of way at the time of the accident, do not hesitate to consult your Garden Grove pedestrian accident attorney with Text Kevin Accident Attorneys. We will have reviewed the specific circumstances of your accident and have better insight into how your case could be influenced by the right of way rules and regulations.
Further Reading [Lunar Local Will Add This/Skip]
We Must Identify the Cause of Your Pedestrian Accident
Arguably the most important responsibility your Garden Grove car accident lawyer will have is establishing liability for your injuries. Our team will likely need to complete an intensive investigation so we can collect valuable evidence and identify those responsible. Some of the most common causes of pedestrian accidents, and the parties who could be liable for them, include:
- Negligent driving – When the driver that hit you was driving unsafe for weather conditions, drunk, under the influence of drugs, drowsy, distracted, or otherwise violates the local and state traffic rules and regulations, they can be sued for your damages.
- Defective auto parts – If the driver who hit you could not avoid the collision because vehicle parts were malfunctioning or defective, several parties could share culpability, including manufacturers, designers, retailers, distributors, suppliers, maintenance workers, motor vehicle dealerships, and other third parties.
- Hazardous roads – The California Department of Transportation, Caltrans, and the city of Garden Grove are responsible for the safety and maintenance of the roads across the city and state. Failure to make necessary road repairs or address traffic issues, such as a lack of street lights or signs, could leave them open to liability for your losses.
- Dram shop liability violations – Under California Business and Professions Code 25602.1, shops, supermarkets, liquor stores, nightclubs, bars, stadium venues, and other establishments that serve or sell alcohol are prohibited from serving alcohol to someone who is already visibly intoxicated. When dram shops serve patrons anyway, the establishment can share culpability in your civil claim.
Do Not Be Shocked if The Defendant Blames You
Victim blaming is not uncommon in pedestrian accidents or personal injury claims. It is one of the most common tactics liable parties use to escape their financial responsibilities. Since California operates under a pure comparative negligence system under California Civil Code 1714, if you share the blame, you will not be entitled to the total value of your settlement. For this reason, it is imperative that your pedestrian accident lawyer has the evidence we need to establish the defendant’s culpability.
Garden Grove Pedestrian Accident FAQs
It may not be in your best interest to wait to file a claim until you have healed or reached maximum medical improvement (MMI). While many insurance companies may encourage you to wait to file a claim, the truth is that the sooner you get started, the better. There are a couple of reasons for this. First, the statute of limitations is already counting down. It begins counting down the day of your accident and will generally expire exactly two years later per California Code of Civil Procedure § 335.1. If your pedestrian accident lawsuit is not filed before the statute of limitations passes, you can expect the Garden Grove civil courts to refuse to hear your case.
There is also the issue of the availability of evidence. If you wait to get started on your pedestrian accident claim, the evidence we need to prove the defendant’s liability may not be available. For example, if you were crossing at Lampson and Haster, the traffic cam may have caught the collision on video, as could the dash cams of other witnesses to the accident. If we get started on your claim as soon as possible after the accident, we may be able to reach out to the California Department of Transportation, the city of Garden Grove, and witnesses to obtain copies of this footage. If we wait, the video of the accident could easily be deleted or overwritten over time.
There is no denying that your pedestrian accident case will require extensive supporting evidence. According to the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60, the burden of proof in all pedestrian accident and personal injury claims is based on a preponderance of the evidence. Your catastrophic injury lawyer does not need to prove liability beyond a reasonable doubt the way a prosecutor does in criminal court.
Instead, the burden of proof is based on the strength of the evidence presented at trial. If the evidence suggests that the defendant is more than likely responsible for causing your injuries, the jury can find them liable for your damages. To that end, some of the most common types of evidence that can be used to prove liability and the severity of your injuries include:
- Medical records
- Video footage of the accident
- The blood alcohol content (BAC) test results of the driver who hit you
- Photos of your injuries and the damage at the accident scene
- Photos and videos of traffic conditions at the time of the accident
- The driving and employment records of the driver who hit you
- Copies of safety inspection reports
- Reports crafted by expert accident reconstructionists
- Testimony from responding officers and witnesses to the collision
- The defendant’s cell phone records
- Your personal journal entries that detail the various ways your life has been affected
- Testimony from friends and family who can attest to the severity of your injuries
With medical bills being astronomical in the United States, it is not unusual for pedestrian accident victims to find themselves with tens or even hundreds of thousands of dollars in medical debt after suffering a critical injury. Between your ambulance trip, hospital stay, diagnostic testing, required medical home accommodations, and ongoing treatment, outstanding medical expenses will quickly turn your life upside down even more than it already has been.
For this reason, our pedestrian accident attorneys with Text Kevin Accident Attorneys will do everything possible to help you get your medical expenses covered sooner. There are several ways you may be able to get your medical expenses covered. First, we can contact your healthcare providers to get your collection attempts temporarily paused while you go through the claims process. In some cases, we may be able to help you access pre-settlement legal funding so you can tap into a portion of your settlement in advance and avoid further debt collection attempts.
While we fight for the total value of your medical expenses by filing a claim against the liable party’s insurance policy or pursuing a personal injury lawsuit against them, you should not have to worry that your credit score will be affected or that your outstanding medical debts will be sent to a debt collector. Our team will help you explore every option so you can set yourself up for future financial success.
Meet With a Trial-Tested and Proven Garden Grove Pedestrian Accident Attorney Today
Dealing with injustice is never easy. You need to be courageous enough to stand up for your rights and demand liable parties be brought to justice. While you are still recuperating from your injuries, this may seem like an impossible feat. Fortunately, you do not have to go through this difficult time alone.
When you have a powerful Garden Grove pedestrian accident lawyer from Text Kevin Accident Attorneys working for you, You can rest easier knowing our team is working tirelessly to recover maximum compensation for your losses. Get ready to take back control of your life. Fill out our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today.
Garden Grove FAQs
According to the State of California Department of Motor Vehicles, pedestrians must follow the same rules of the road that motorists do. Pedestrians should be prepared to stop at traffic lights and stop signs and only cross in a crosswalk or when it is safe to do so. One of the top causes of pedestrian accidents is failure to yield to the right of way. If the driver who hit you did so while you were crossing in a crosswalk with a flashing “walk” sign, they will almost certainly be held accountable for your damages.
Jaywalking is legal as long as it is safe to do so. If it isn’t, you could receive a traffic citation under Vehicle Code § 21955 CVC.
Garden Grove Points of Interest
A landmark church known for its stunning architecture and beautiful campus.
Location: 13280 Chapman Ave, Garden Grove, CA 92840
Website: christcathedralcalifornia.org
An annual event celebrating the city’s strawberry-growing history with a parade, carnival, and food.
Location: 12762 Main St, Garden Grove, CA 92840
Website: strawberryfestival.org
A unique and imaginative playground and park for children.
Location: 13630 Atlantis Way, Garden Grove, CA 92844
Website: ggcity.org
A community park with sports facilities, playgrounds, and picnic areas.
Location: 9301 Westminster Blvd., Garden Grove, CA 92844
Website: ggcity.org
A historical museum showcasing local history and heritage.
Location: 12174 S Euclid St, Garden Grove, CA 92840
Website: gardengrovehistoricalsociety.org
A park designed specifically for dogs to play and socialize.
Location: 13601 Deodara Dr, Garden Grove, CA 92844
Website: ggcity.org
Garden Grove Neighborhoods We Serve
- West Garden Grove
