Nevada City Pedestrian Injury Lawyer

I Was Injured in a Pedestrian Accident - What Should I Do?

The minutes and hours following a pedestrian accident are critical for both your health and your legal rights. Proper steps taken immediately preserve evidence, document injuries, and protect your ability to recover compensation. Here are the seven essential actions every pedestrian accident victim must take:

1 Prioritize Your Health - Call 911 and Accept Medical Transport

Your health is paramount. Call 911 immediately, even if you believe your injuries are minor. Shock and adrenaline mask pain and injury severity in the immediate aftermath. Internal injuries, brain trauma, and fractures may not produce obvious symptoms initially but can be life-threatening without prompt treatment.

Accept ambulance transport to the emergency department. This creates crucial medical documentation linking injuries to the accident. Insurance companies argue that injuries couldn't be serious if you refused ambulance transport or delayed seeking treatment. Emergency transport eliminates this defense.

At the hospital, describe all symptoms honestly and completely. Don't minimize complaints. Physicians only document what you report. Symptoms mentioned days later appear less credible than those reported at initial evaluation.

2 Secure Evidence at the Accident Scene

Evidence disappears quickly after pedestrian accidents. Vehicles are repaired, witnesses disperse, road conditions change, and memories fade. If physically able, gather critical evidence before leaving the scene:

Photograph everything comprehensively: Take multiple photos from different angles showing the vehicle that struck you including front, side, and rear views, all visible damage to the vehicle, the exact accident location with street signs visible, all crosswalk markings and signals, traffic control devices like stop signs and traffic lights, road surface conditions and any defects, lighting conditions if the accident occurred at dusk or night, weather conditions, sight distance from the driver's approach, any visual obstructions like parked cars or vegetation, skid marks or debris, and all your visible injuries.

Obtain driver information: Get the driver's full name, driver's license number, vehicle license plate number, insurance company name and policy number, and contact information including phone number and address. Photograph the driver's license and insurance card with your phone.

Identify all witnesses: Pedestrian accident witnesses provide powerful testimony. Get names and phone numbers for anyone who saw the collision, saw driver behavior before impact, or can describe traffic signal status. Witnesses often leave before police arrive. Don't lose this critical evidence.

Note traffic signal and crosswalk status: Document whether you were in a marked crosswalk, what the pedestrian signal displayed (walk/don't walk), what the traffic signal showed for vehicle traffic, and whether any signals were malfunctioning.

3 Insist on an Official Police Report

A police accident report creates official documentation critical to your case. Officers record driver and witness statements, diagram the accident scene, note traffic control devices and violations, document road and weather conditions, record preliminary fault determinations, and issue citations when appropriate.

Always request a police report, even if the driver claims "it's just a minor accident" and suggests handling it privately. This is often a tactic to avoid accountability. Without a police report, the driver may later deny the accident occurred or claim you weren't in a crosswalk.

Obtain the police report number before officers leave. Contact the Nevada City Police Department or California Highway Patrol (depending on accident location) within a week to obtain the full report. This document forms the foundation of your insurance claim and potential lawsuit.

4 Contact Insurance Companies Strategically

Report the accident to your own auto insurance carrier if you have one, even though you were on foot. Your policy's uninsured motorist coverage may apply if the driver who hit you was uninsured or underinsured. Your medical payments coverage might pay initial treatment costs regardless of fault.

However, limit initial contact with the at-fault driver's insurance company. Provide only basic factual information including date, time, and location of the accident, identification of the insured vehicle and driver, and a general statement that you were injured and sought medical treatment. Nothing more.

Politely decline recorded statements. Insurance adjusters use recorded statements to lock you into positions before you fully understand your injuries or have consulted an attorney. They ask leading questions designed to minimize your injuries or suggest contributory fault. Simply state that you're willing to provide necessary information after consulting with legal counsel.

Do not sign medical authorizations from the at-fault party's insurer. These authorizations allow access to your entire medical history, which insurance companies mine for pre-existing conditions to argue injuries weren't caused by the accident. Medical records should be provided selectively through your attorney.

5 Don't Discuss Fault or Apologize at the Scene

Never admit fault or apologize at the accident scene, even reflexively. Statements like "I'm sorry," "I didn't see you," or "I shouldn't have crossed there" are documented by police and witnesses, then used against you to reduce or deny compensation.

Under California's comparative negligence system, your recovery is reduced by your percentage of fault. If damages total $300,000 but you're found 30% at fault, you recover only $210,000. Admissions at the scene often form the basis for fault allocation.

Fault determination in pedestrian accidents involves complex analysis of California Vehicle Code provisions, sight distances, reaction times, traffic control device status, pedestrian location relative to crosswalks, and driver attention and speed. These determinations require investigation and expert analysis - not snap judgments at the scene.

Limit your statements to police and witnesses to basic facts about what happened. Describe the accident objectively without characterizing fault or accepting blame. Let accident reconstruction and legal analysis determine liability.

6 Stay Completely Off Social Media

Do not post about your accident on Facebook, Instagram, Twitter, TikTok, or any other platform. Insurance companies routinely monitor all social media accounts of claimants, mining posts for evidence to undermine claims.

Seemingly innocent posts destroy cases. A photograph showing you smiling at a family gathering is used to argue you weren't seriously injured or suffering. A check-in at a restaurant suggests you're not as limited as claimed. Comments about activities are taken out of context to contradict treatment records. Even posts by family members and friends can damage your case if they mention your condition or activities.

Privacy settings provide false security. Insurance companies use various methods to access "private" content. Defense attorneys also request social media content during discovery. The safest approach is complete silence until your case resolves.

Instruct family members and friends not to post about your accident or injuries. Tag settings alone won't protect you if others post photos or comments mentioning you.

7 Consult an Experienced Pedestrian Accident Attorney Immediately

Early legal consultation protects your rights and maximizes compensation. Attorneys experienced in pedestrian accident cases immediately preserve evidence by obtaining surveillance footage before it's deleted, sending preservation letters to secure driver's phone records, photographing accident scene conditions, identifying and interviewing witnesses before memories fade, and documenting road defects or signal malfunctions.

We manage communications with insurance companies, preventing recorded statements that damage cases, declining medical authorizations that expose entire medical histories, and responding to settlement offers designed to resolve claims before injury severity is understood.

We coordinate comprehensive medical evaluation, connecting you with physicians experienced treating pedestrian accident trauma, ensuring proper diagnostic testing including CT scans and MRI when needed, and arranging treatment on lien basis when necessary so cost doesn't prevent proper care.

Most importantly, we investigate liability while evidence is fresh, determining whether driver negligence, road defects, or other factors contributed to the collision.

Nevada City's Unique Pedestrian Hazards

Nevada City's historic character and geography create specific dangers for pedestrians. Understanding these local hazards helps identify liability and prevent future accidents.

Historic Downtown Broad Street Dangers

Downtown Nevada City along Broad Street attracts tourists and locals to shops, restaurants, and cultural attractions. However, the historic district creates pedestrian risks:

Narrow roadways with limited sight distance: Broad Street's historic width accommodated horses and wagons, not modern vehicles. Parallel parking on both sides further narrows the travel lane. Vehicles and pedestrians share limited space. Drivers' views of pedestrians emerging from between parked cars are severely restricted. Pedestrians stepping into crosswalks have minimal visibility of approaching traffic.

Diagonal parking along sections of Broad Street: Diagonal parking requires vehicles to back into the roadway when leaving spaces. Drivers backing out have limited visibility of pedestrians crossing behind them. Children and shorter adults are particularly vulnerable as they may be completely invisible in backing vehicle blind spots.

High pedestrian traffic mixed with tourist drivers unfamiliar with downtown: Out-of-town visitors drive slowly along Broad Street while searching for parking or addresses. They focus on storefronts and parking spaces rather than pedestrians. Meanwhile, pedestrians cross frequently between shops, galleries, and cafes. The combination creates constant conflict points.

Crosswalks at Commercial Street, Pine Street, and other intersections: While marked crosswalks exist at major intersections, driver compliance with right-of-way laws varies. Tourists unfamiliar with California's strict pedestrian priority often fail to yield. Local drivers sometimes become impatient with tourist traffic and drive aggressively.

Limited sidewalk width forcing pedestrians near travel lanes: Historic buildings sit close to narrow sidewalks. When sidewalk traffic increases during events or tourist season, pedestrians are forced to the curb edge or into parking spaces, increasing exposure to vehicle traffic.

Victorian Christmas and Special Event Pedestrian Dangers

Nevada City's Victorian Christmas, First Fridays, Summer Nights on Broad Street, and other special events dramatically increase pedestrian traffic and collision risk:

Massive pedestrian crowds in downtown core: Victorian Christmas transforms Nevada City into a pedestrian destination. Thousands flood the historic district during evening events. Pedestrians fill sidewalks and spill into roadways. Families with children, elderly visitors, and people absorbed in festivities create unpredictable movement patterns.

Vehicles navigating through pedestrian-heavy areas: Despite heavy foot traffic, vehicles continue using Broad Street. Drivers attempting to pass through or find parking must navigate constant streams of pedestrians crossing mid-block or dawdling in roadways. Distracted drivers focused on finding parking strike pedestrians stepping between vehicles.

Reduced visibility at night with holiday lighting: Victorian Christmas occurs after dark. While charming, decorative lighting and storefront displays reduce drivers' ability to see pedestrians dressed in dark clothing. Pedestrians blinded by bright decorations and vehicle headlights don't see approaching traffic.

Alcohol consumption during events: Events often involve wine tasting, brewery tours, or restaurant visits. Impaired drivers navigating crowded streets create deadly hazards. Even modest alcohol consumption reduces reaction time and decision-making when split-second responses prevent collisions.

Temporary traffic pattern changes confusing drivers: Special event traffic routing differs from normal patterns. Street closures and detours confuse drivers unfamiliar with alternative routes. Distracted drivers consulting maps or GPS don't focus on pedestrians.

Residential Streets Without Sidewalks

Many Nevada City residential areas lack sidewalks, forcing pedestrians to walk in roadways:

Nevada City's historic neighborhoods and hillside streets: Older neighborhoods developed before sidewalk requirements. Steep hillside topography makes sidewalk construction expensive or impossible. Residents walk in streets by necessity for exercise, dog walking, and accessing mailboxes.

Poor street lighting in residential areas: Many residential streets have minimal or no street lighting. Pedestrians wearing dark clothing are nearly invisible at night. Drivers often don't see pedestrians until immediately before impact, eliminating time to brake or swerve.

Drivers exceeding safe speeds for residential zones: Posted speed limits don't account for pedestrians in roadways. Even at posted limits, drivers cannot safely avoid pedestrians who appear suddenly. Speeders have even less time to react.

Curved streets reducing sight distance: Nevada City's hillside streets curve to follow terrain. Drivers rounding curves cannot see pedestrians beyond the curve. Pedestrians walking with traffic flow (on the right) are approached from behind with no warning.

Vegetation and parked cars blocking driver views: Overgrown landscaping and vehicles parked on narrow streets create blind spots. Pedestrians, especially children, emerge from behind visual obstructions directly into vehicle paths.

Highway 49 and Rural Road Dangers

Highway 49 through Nevada City and rural roads connecting to residential areas pose significant pedestrian risks:

High vehicle speeds on highway sections: Highway 49 traffic travels at 45-55 mph through Nevada City. At these speeds, pedestrian collisions are almost always fatal or cause catastrophic injuries. Drivers have minimal time to see and avoid pedestrians.

Limited or no pedestrian infrastructure: Highway 49 sections lack sidewalks, crosswalks, or pedestrian signals. Pedestrians cross at unmarked locations, often at high-risk points with poor visibility.

Pedestrians attempting to cross multi-lane highway sections: Four-lane Highway 49 sections require pedestrians to cross multiple lanes of fast-moving traffic. First-lane drivers may stop, but second-lane drivers cannot see the stopped pedestrian and strike them in the "multiple-threat" scenario.

Poor lighting creating invisibility at night: Rural Highway 49 sections have no street lighting. Pedestrians are completely invisible unless wearing reflective clothing. Drivers using high beams may see pedestrians at greater distances, but many drive with low beams or have improperly aimed headlights.

Commuter traffic creating aggressive driving: Morning and evening commutes bring aggressive drivers speeding through Nevada City. Impatient drivers tailgate, pass unsafely, and fail to watch for pedestrians.

School Zone and Park Area Risks

Seven Hills Charter School, Nevada City Courthouse Park, and other areas with children create specific hazards:

Children crossing streets near schools and parks: Children are unpredictable pedestrians. They dart into streets chasing balls, run between parked cars, and fail to check for traffic. Drivers must exercise heightened care in school zones and park areas.

Drop-off and pick-up traffic congestion: School start and end times bring concentrated traffic. Parents focused on locating their children or managing car lines don't watch for pedestrians. Double-parked vehicles block sight lines.

Distracted drivers in parking areas: Park and school parking lots mix pedestrians and vehicles in uncontrolled environments. Drivers backing out of spaces strike pedestrians walking behind them.

Common Pedestrian Accident Injuries

Pedestrian accident injuries differ dramatically from vehicle occupant injuries. Without vehicle protection, pedestrians absorb full impact forces with their bodies, causing severe trauma:

Traumatic Brain Injuries

Pedestrians struck by vehicles typically suffer head impact with the vehicle hood, windshield, or ground after being thrown. These impacts cause traumatic brain injuries ranging from concussions to severe brain damage:

Concussions and mild traumatic brain injury: Even "minor" concussions cause headaches, dizziness, memory problems, concentration difficulty, mood changes, and sleep disturbances lasting weeks to months. Post-concussion syndrome produces chronic symptoms requiring extensive treatment. Seemingly mild brain injuries prevent return to cognitively demanding work.

Moderate to severe traumatic brain injury: More serious impacts cause loss of consciousness, skull fractures, brain contusions (bruising), epidural or subdural hematomas (bleeding between skull and brain), and diffuse axonal injury (widespread nerve damage throughout the brain). These injuries require hospitalization, often with neurosurgical intervention. Survivors face permanent cognitive deficits, personality changes, physical disabilities, seizure disorders, and inability to work.

Long-term consequences of brain trauma: Traumatic brain injury is a chronic condition, not a one-time event. Victims face increased risk of dementia, depression and anxiety, chronic headaches, sleep disorders, and reduced life expectancy. Even mild brain injuries produce lasting effects often dismissed by insurance companies but profoundly impacting quality of life.

Spinal Cord Injuries and Paralysis

Vehicle impacts and falls to pavement cause spinal fractures and spinal cord damage resulting in paralysis:

Complete spinal cord injury: Total loss of motor and sensory function below injury level. Cervical injuries cause quadriplegia (paralysis of all four limbs). Thoracic and lumbar injuries cause paraplegia (paralysis of legs). These catastrophic injuries require lifetime care, assistive devices, accessible housing modifications, and attendant care. Life expectancy is significantly reduced. Case values reach multiple millions of dollars.

Incomplete spinal cord injury: Partial preservation of function below injury level. Central cord syndrome, Brown-Sequard syndrome, anterior cord syndrome, and cauda equina syndrome represent different incomplete patterns. While better than complete injury, incomplete injuries still cause devastating disabilities including partial paralysis, bowel and bladder dysfunction, sexual dysfunction, and chronic pain.

Orthopedic Fractures

Impact forces shatter bones throughout the body:

Lower extremity fractures: Femur (thigh bone) fractures, tibia and fibula (lower leg) fractures, pelvic fractures, ankle fractures, and foot fractures. These often require surgical fixation with plates, screws, and rods. Many heal with permanent limitations in walking, standing tolerance, and ability to perform physical work.

Upper extremity fractures: Wrist fractures from breaking falls, arm fractures from impact or falls, and shoulder fractures. Wrist fractures may cause permanent arthritis and grip weakness. Shoulder injuries can require replacement surgery in severe cases.

Rib fractures and chest trauma: Direct impact to the chest causes rib fractures. Multiple rib fractures impair breathing and require hospitalization. Underlying lung injuries (pulmonary contusions, pneumothorax) are life-threatening. Even after healing, rib fractures cause months of severe pain limiting all activities.

Internal Organ Damage

Blunt force trauma from vehicle impact or ground impact causes internal injuries:

Abdominal organ injuries: Spleen lacerations, liver lacerations, kidney injuries, and bowel perforations. These injuries cause internal bleeding requiring emergency surgery. Spleen removal increases lifelong infection risk. Bowel injuries may require colostomies, dramatically impacting quality of life.

Chest injuries: Lung contusions, pneumothorax (collapsed lung), hemothorax (blood in chest cavity), and cardiac contusions. These injuries require intensive care treatment and may cause permanent reduced pulmonary function.

Soft Tissue Injuries and Road Rash

While less dramatic than fractures and brain trauma, soft tissue injuries and road rash cause significant pain and disability:

Road rash and skin degloving: Pedestrians thrown to pavement slide across abrasive surfaces, removing skin layers. Severe road rash requires skin grafting. Degloving injuries (where skin separates from underlying tissue) need extensive surgical debridement and reconstruction. Scarring is permanent and disfiguring.

Muscle, ligament, and tendon tears: Impact forces tear soft tissues throughout the body. Rotator cuff tears, knee ligament tears (ACL, MCL, meniscus), and Achilles tendon ruptures require surgical repair followed by extensive physical therapy. Many never regain full strength or function.

Psychological Trauma

Beyond physical injuries, pedestrian accident victims suffer severe psychological trauma:

Post-traumatic stress disorder (PTSD): Intrusive memories of the collision, nightmares and flashbacks, severe anxiety when near traffic, avoidance of walking near streets, and hypervigilance about vehicles. PTSD prevents return to normal activities and requires long-term psychological treatment.

Depression and anxiety: Chronic pain, disability, and life changes cause depression. Anxiety about financial security, inability to work, and changed family roles compound suffering. Mental health treatment is essential but often inadequately valued by insurance companies.

Compensation Available in Pedestrian Accident Cases

Pedestrian accident victims are entitled to full compensation for all losses caused by the collision. Understanding available damages helps evaluate settlement offers and set realistic expectations.

Economic Damages - Quantifiable Financial Losses

Past and future medical expenses: All treatment costs including ambulance transport, emergency department care, hospitalization, surgery, physician consultations, physical therapy, medications, medical equipment (wheelchairs, braces, etc.), and home health care. Future medical costs are projected by life care planners who detail all anticipated treatment, surgeries, medications, therapy, and assistive devices needed over your lifetime. Brain injury and spinal cord injury victims may require millions of dollars in future medical care.

Lost wages and lost earning capacity: Past lost income from time off work for treatment and recovery. Future lost earning capacity calculated by vocational experts and economists, considering wage differences between your previous job and work you can now perform with limitations, lost advancement opportunities you would have achieved but for injuries, lost benefits including health insurance and retirement contributions, and total disability if injuries prevent any gainful employment. A 35-year-old construction worker earning $80,000 annually who becomes paraplegic and cannot work has lost approximately $2.8 million in future earning capacity (present value).

Property damage: Clothing, phones, glasses, and other personal property damaged or destroyed in the collision.

Non-Economic Damages - Quality of Life Losses

Pain and suffering: Physical pain endured from injuries. Acute pain during initial injury and treatment. Chronic pain lasting months, years, or permanently. Daily pain diaries documenting suffering strengthen these claims. Pain and suffering damages often exceed economic damages in serious injury cases.

Loss of enjoyment of life: Activities you can no longer perform including recreational sports and hobbies, yard work and home maintenance, playing with children or grandchildren, intimate relations with your spouse, traveling, and all activities that previously brought joy and fulfillment. For active individuals, loss of physical activities is devastating.

Emotional distress: Psychological trauma from the accident and injuries including PTSD, anxiety disorders, depression, and psychological effects of disability and disfigurement. Mental health treatment costs are economic damages, but the suffering itself deserves separate compensation.

Loss of consortium: Spouses of severely injured victims can separately claim damages for loss of companionship, affection, comfort, sexual relations, and assistance with life's activities that their spouse previously provided.

Disfigurement and scarring: Permanent scars, especially on visible areas like the face, cause psychological distress and social anxiety. Disfigurement damages recognize this suffering beyond physical pain.

Factors Affecting Pedestrian Accident Case Values

Factor	Impact on Value
Injury severity and permanency	More severe, permanent injuries worth substantially more
Brain injuries and paralysis	Catastrophic injuries regularly exceed $1 million
Scarring and disfigurement	Visible scarring, especially facial, increases values significantly
Age of victim	Younger victims have longer period with disability and greater lost earning capacity
Pre-injury earnings	Higher earners have greater economic losses from disability
Clear driver liability	Strong liability evidence increases settlement pressure
Contributory fault	Pedestrian fault (jaywalking, sudden entry to road) reduces recovery proportionally
Available insurance coverage	Higher policy limits allow full compensation; minimal coverage limits recovery
Sympathetic victim	Children, elderly, and clearly careful pedestrians generate higher jury verdicts

Typical Pedestrian Accident Settlement and Verdict Ranges

While every case is unique, these ranges provide general guidance:

Minor injuries with full recovery: $15,000 - $50,000

Fractures requiring surgery with good recovery: $100,000 - $400,000

Multiple fractures with ongoing limitations: $300,000 - $800,000

Mild to moderate traumatic brain injury: $500,000 - $2,000,000

Severe traumatic brain injury with permanent cognitive deficits: $2,000,000 - $10,000,000+

Spinal cord injury with incomplete paralysis: $3,000,000 - $15,000,000

Complete spinal cord injury (quadriplegia/paraplegia): $8,000,000 - $30,000,000+

Wrongful death: $500,000 - $10,000,000+ depending on decedent's age, earning capacity, and family circumstances

California Pedestrian Laws - Your Rights and Driver Obligations

California law strongly protects pedestrian rights while imposing strict duties on drivers. Understanding these laws helps prove liability in pedestrian accidents.

Right-of-Way in Crosswalks

California Vehicle Code § 21950 creates powerful protections for pedestrians in crosswalks:

Marked crosswalks: Drivers must yield the right-of-way to pedestrians within marked crosswalks at intersections. This duty applies whether the crosswalk has pedestrian signals or not. Drivers must stop and remain stopped for pedestrians crossing within the crosswalk, even if the pedestrian is only in the far half of the roadway and not in the driver's immediate path.

Unmarked crosswalks: California recognizes unmarked crosswalks at all intersections where sidewalks meet. Even without painted lines, the area extending the sidewalk across the roadway is legally a crosswalk. Pedestrians have right-of-way in unmarked crosswalks just as in marked crosswalks. Many drivers incorrectly believe pedestrians have no rights without painted crosswalks.

Pedestrian signals: When pedestrian signals are present, pedestrians must comply with walk/don't walk signals. However, even when pedestrians enter against the signal, drivers must exercise due care to avoid striking them. Jaywalking pedestrians retain the right to recover damages under comparative negligence principles, with their recovery reduced by their percentage of fault.

Driver Duties of Care

Beyond specific right-of-way rules, California Vehicle Code § 21954 imposes a general duty on drivers to exercise due care for pedestrian safety. Drivers must reduce speed when approaching pedestrians in the roadway, sound their horn when necessary to alert pedestrians to danger, and take all actions necessary to avoid striking pedestrians regardless of pedestrian fault.

This means even when pedestrians violate traffic laws, drivers who could have avoided the collision through reasonable care share fault. A pedestrian jaywalking while a driver is texting produces shared liability, not automatic pedestrian fault.

Vehicle Code § 22350 - Basic Speed Law

Drivers must operate at speeds safe for existing conditions including pedestrian traffic, sight distance limitations, road surface conditions, and weather. Posted speed limits are maximum speeds for ideal conditions. When pedestrian traffic is heavy or visibility is reduced, safe speeds are lower than posted limits.

Drivers exceeding safe speeds for conditions are negligent even when not exceeding posted limits. This is particularly relevant in downtown Nevada City during Victorian Christmas or other events when heavy pedestrian traffic requires reduced speeds.

California Comparative Negligence

California uses pure comparative negligence. Pedestrian fault doesn't bar recovery but reduces it proportionally. If your damages are $500,000 and you're found 25% at fault for jaywalking while the driver was 75% at fault for distracted driving, you recover $375,000.

This means you can recover substantial compensation even when partially at fault. Don't assume you have no case because you weren't in a crosswalk or violated traffic laws. The key question is whether the driver shares fault through negligence, excessive speed, distraction, or failure to exercise due care.

Pedestrian Duties Under California Law

While drivers bear primary responsibility for pedestrian safety, pedestrians also have legal duties:

Crosswalk usage: California Vehicle Code § 21955 requires pedestrians to use crosswalks when crossing between adjacent intersections with traffic signals. Jaywalking is prohibited in these locations.

Sudden entry: Vehicle Code § 21950(b) prohibits pedestrians from suddenly leaving a curb into a vehicle's path when the driver cannot reasonably yield. This protects drivers from impossible situations where pedestrians dart into traffic.

Signals and signs: Pedestrians must obey traffic signals and pedestrian control signals when present.

However, violating these duties doesn't automatically make collisions the pedestrian's fault. Comparative negligence applies based on all circumstances including driver speed and attention, visibility conditions, and reasonableness of both parties' actions.

Proving Liability in Pedestrian Accident Cases

Winning pedestrian accident cases requires proving driver negligence caused your injuries. This demands comprehensive investigation and evidence gathering:

Accident Reconstruction

Accident reconstruction experts analyze vehicle damage, pedestrian injuries, roadway evidence (skid marks, debris fields, impact locations), traffic control devices, sight distances, lighting conditions, and vehicle speeds to determine how the collision occurred and who bears fault.

Reconstruction proves critical facts including vehicle speed at impact (often higher than drivers claim), whether drivers could have seen pedestrians in time to avoid collision, whether drivers were actually paying attention, what traffic signals displayed at accident time, and whether pedestrians were in crosswalks or roadways.

Surveillance and Traffic Camera Footage

Modern pedestrian accidents are increasingly captured on video. Potential sources include business security cameras near the accident scene, traffic cameras at signalized intersections, residential doorbell cameras (Ring, Nest), dashcams from the striking vehicle or nearby vehicles, and body cameras if police responded.

Video evidence is powerful but disappears quickly. Businesses typically retain footage 30-90 days before deletion. Prompt attorney involvement preserves this evidence through preservation letters sent immediately after accidents.

Witness Statements

Independent witnesses provide crucial testimony about vehicle speeds, driver attention (phone use, looking away from road), pedestrian location and actions, traffic signal status, and accident dynamics. Prompt witness interviews preserve memories before they fade. Written or recorded statements lock witnesses into their accounts before insurance company investigators can influence them.

Cell Phone Records

Distracted driving causes countless pedestrian accidents. Drivers texting, calling, or using social media don't see pedestrians in time to avoid collisions. Cell phone records from the driver's carrier prove phone usage at accident time. These records require subpoenas issued only after filing lawsuits, making early litigation necessary in cases involving suspected distraction.

Driver History and Citations

Driver's license records from DMV reveal prior traffic violations, license suspensions, and DUI convictions. This history proves negligent driving patterns. Citations issued at your accident scene provide official documentation of driver fault. While police fault determinations aren't admissible at trial, citations create settlement pressure.

Frequently Asked Questions About Pedestrian Accidents

What if the driver claims I came out of nowhere?

This is the most common driver defense. Drivers claim pedestrians "came out of nowhere" or "darted into the street" to shift blame. However, this defense rarely holds up under scrutiny. Pedestrians don't materialize from thin air. Usually, "came out of nowhere" means the driver wasn't paying attention or was driving too fast for conditions. Accident reconstruction determines whether attentive drivers would have seen pedestrians in time to stop. Analysis of sight lines, driver reaction distance, and braking distance prove whether drivers could have avoided collisions with reasonable attention.

What if I was walking at night wearing dark clothing?

While pedestrians should wear reflective clothing at night, failing to do so doesn't make collisions your fault. Drivers must use headlights and drive at speeds allowing them to stop within their range of vision. If drivers couldn't see you in time, they were driving too fast for existing visibility conditions. This may be comparative negligence reducing your recovery somewhat, but it doesn't bar compensation. Focus shifts to whether drivers used proper headlights, whether they were using high beams when appropriate, and whether they were driving at safe speeds for nighttime conditions.

Can I sue if I was crossing outside a crosswalk?

Yes. While jaywalking is technically illegal in some circumstances, California's comparative negligence system allows recovery even when pedestrians share fault. The key question is whether drivers also bear fault through excessive speed, distraction, impairment, or failure to exercise due care. A pedestrian crossing mid-block can still recover substantial compensation when the driver was texting. Your jaywalking might be 30% fault while driver distraction is 70% fault, allowing you to recover 70% of total damages. Never assume you cannot recover because you weren't in a crosswalk.

How long do I have to file a pedestrian accident lawsuit?

California's statute of limitations for personal injury claims is two years from the accident date. This deadline is absolute - cases filed even one day late are dismissed regardless of merit. Some exceptions extend deadlines, including injuries to minors (until age 20 in some circumstances) and delayed discovery of injuries. However, relying on exceptions is risky. Consult an attorney immediately to protect your rights. Additionally, prompt action preserves evidence and strengthens cases beyond legal deadline compliance.

What if my injuries didn't appear immediately?

Many serious injuries have delayed symptoms. Traumatic brain injuries may not produce symptoms for days or weeks. Internal injuries can develop gradually. Psychological trauma often manifests after initial shock wears off. Seek immediate medical evaluation even feeling okay initially. When symptoms develop later, return for evaluation and report all symptoms honestly. Medical records linking delayed symptoms to the accident are critical. Insurance companies argue delayed symptoms prove injuries weren't caused by accidents, so comprehensive medical documentation is essential.

What if the driver's insurance isn't enough to cover my damages?

California's minimum liability insurance ($15,000 per person) is grossly inadequate for serious pedestrian injuries. When at-fault driver coverage is insufficient, explore your own uninsured/underinsured motorist (UM/UIM) coverage under your auto policy. UM/UIM covers pedestrian accidents even though you weren't in a vehicle. If you have $100,000 UM/UIM coverage and the at-fault driver has only $15,000 liability coverage, you can recover $15,000 from the driver's insurer and $85,000 from your own UM/UIM coverage (most policies structure this way). Additionally, consider whether multiple responsible parties exist beyond the driver, such as employers if the driver was working, bars or restaurants if the driver was intoxicated after overservice, or governmental entities if road defects contributed.

Our Approach to Pedestrian Accident Cases

Phillips Personal Injury focuses on serious injury cases including pedestrian accidents. Our concentrated practice allows us to maintain expertise in accident reconstruction, understand pedestrian injury medicine, and develop effective litigation strategies specific to pedestrian cases.

Immediate Investigation

We immediately investigate pedestrian accidents while evidence is fresh by visiting accident scenes to photograph conditions, sight lines, and hazards, sending preservation letters to obtain surveillance footage before deletion, locating and interviewing witnesses before memories fade, obtaining police reports and traffic signal data, documenting road defects or signal malfunctions, and photographing vehicle damage before repairs.

This immediate action preserves evidence insurance companies don't want preserved. Surveillance footage deletion, repaired vehicles, and fading memories all benefit insurance companies by eliminating evidence of their insureds' fault.

Comprehensive Medical Documentation

We ensure clients obtain proper diagnostic evaluation including CT scans for brain injuries, MRI for soft tissue injuries, and comprehensive evaluations by appropriate specialists. We coordinate independent medical examinations when insurance companies dispute injury causation or severity. We arrange treatment on lien basis when necessary so cost doesn't prevent proper care. We obtain life care planning for catastrophic injuries requiring lifetime treatment to prove full future medical costs.

Expert Witness Development

Complex pedestrian cases require expert testimony including accident reconstruction experts proving driver negligence, biomechanical experts explaining injury causation, medical experts opining on injury severity and permanency, vocational experts calculating lost earning capacity, economists quantifying total economic losses, and life care planners detailing future medical needs.

We invest in the experts necessary to prove maximum compensation. Insurance companies settle fairly when they know we've developed complete expert testimony for trial.

Trial Experience and Reputation

Our 25+ years includes extensive trial experience. Insurance companies know we prepare every case for trial from day one, have successfully tried pedestrian accident cases, and achieve favorable verdicts when settlement offers are inadequate.

This trial reputation creates settlement leverage. Insurance companies make fair offers to trial lawyers while lowballing attorneys who always settle.

Contingency Fee Representation

We handle all pedestrian accident cases on contingency fees. You pay nothing upfront and nothing if we don't recover compensation for you.

We Advance All Case Costs

Properly prosecuting pedestrian accident cases requires investment in medical record acquisition, accident reconstruction experts, medical expert evaluations, surveillance and camera footage retrieval, witness interviews and statements, and deposition costs. We advance all costs during your case and are only reimbursed if we recover money. This contingency cost advancement allows you to pursue maximum compensation without financial risk.

Take Action to Protect Your Rights

If you've been injured as a pedestrian, prompt action protects both your health and legal rights:

Why Choose Phillips Personal Injury for Your Pedestrian Accident Case

Located in downtown Nevada City at 305 Railroad Avenue, we've served Nevada County residents for over 25 years. Our focus on serious injury cases means we understand pedestrian accident medicine and law, maintain relationships with qualified medical and reconstruction experts, have proven trial experience achieving favorable verdicts, and know the insurance companies and defense attorneys we're dealing with.

We know Nevada City's streets, intersections, and hazards. We understand local law enforcement and how Nevada City police investigate pedestrian accidents. This local knowledge combined with serious injury experience creates optimal representation.

Insurance companies know our reputation. They understand we're prepared to take cases to trial when settlement offers are inadequate. This produces better outcomes than attorneys who settle every case regardless of value.

Call (530) 265-0186 today for a free consultation. We'll review your case, explain your rights, and outline the steps necessary to maximize your recovery. No fee unless we win your case.