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WildfiresSanta Monica Pedestrian Accident Attorney
A walk along the beautiful Santa Monica coastline or a shopping trip on the Third Street Promenade should be a safe and enjoyable experience. But when a driver’s carelessness turns a simple walk into a traumatic event, the path forward can feel uncertain and overwhelming.
If you or a loved one has been injured after being struck by a motor vehicle, you are likely facing physical pain, emotional distress, and mounting medical bills. The stress of this situation can be immense. A dedicated Santa Monica pedestrian accident attorney can help you understand your rights and advocate for the accountability you deserve.
At Olan Law, we understand the profound impact a pedestrian accident can have on your life. For over 25 years, our team has been a steadfast ally for individuals in Santa Monica and throughout Southern California. We are committed to providing clear guidance and compassionate support as we help you seek the resources needed for your recovery.
Please reach out to our team to discuss your situation in a supportive and confidential setting.
Table of Contents
Key Takeaways for Santa Monica Pedestrian Accident Lawyer
- Drivers in California are required by law to exercise a high degree of care to avoid injuring pedestrians, which includes yielding the right-of-way in marked and unmarked crosswalks.
- Victims of pedestrian accidents may be eligible to recover compensation for a wide range of damages, including medical expenses, lost income, and pain and suffering.
- California’s comparative negligence rule means an injured pedestrian can still pursue a claim even if they were partially at fault for the accident.
- Insurance companies often present low initial settlement offers that may not cover the full, long-term costs of an injury.
- An attorney can manage communication with insurers, gather crucial evidence, and build a strong case to pursue fair compensation.
Why Choose Olan Law for Your Santa Monica Pedestrian Accident Claim
When you are recovering from a serious injury, choosing the right legal team is one of the most important decisions you will make. You need a firm that not only has a deep understanding of California personal injury law but also a genuine commitment to your well-being. At Olan Law, we combine decades of legal experience with the personal attention of a boutique firm, ensuring every client receives our full focus.
Our approach is built on a foundation of direct communication and unwavering advocacy. We believe you should be involved in every key decision, and we make it a priority to be responsive and available to answer your questions. We are trial lawyers who are prepared to represent you effectively in any setting, from settlement negotiations to a jury trial.
Our history of obtaining significant results for our clients demonstrates our dedication to fighting for those who have been wronged. We are ready to stand strong for your interests every step of the way.
Do I Have a Pedestrian Accident Case?
After being hit by a car, it’s common to wonder if you have a valid legal claim. While every situation is unique, a personal injury case generally depends on proving a few key elements. Understanding these concepts can help you see how a Santa Monica pedestrian accident attorney would approach your case.
The core of a pedestrian accident claim is based on the legal concept of negligence. Negligence simply means that someone acted carelessly or failed to act with reasonable caution, and their actions caused harm to another person. To build a successful claim, your attorney will work to establish the following:
- Duty of Care: The driver who hit you had a legal responsibility to operate their vehicle safely and avoid harming others. This is a fundamental duty all drivers have.
- Breach of Duty: The driver failed to uphold that duty. This could involve actions like speeding, texting while driving, failing to yield at a crosswalk, or driving under the influence.
- Causation: The driver’s breach of duty was the direct cause of your accident and the injuries you sustained. In other words, your injuries would not have happened if not for the driver’s careless actions.
- Damages: You suffered actual harm as a result of the accident. These are the losses for which you can seek compensation, such as medical bills, lost wages from being unable to work, and physical and emotional pain.
If these four elements can be proven, you likely have a strong foundation for a personal injury claim. A thorough investigation by a Santa Monica pedestrian accident lawyer can uncover the evidence needed to demonstrate each of these points and build a compelling case on your behalf.
Past Case Results
VERDICT
$1 Million
VERDICT for a pedestrian who suffered serious personal injuries when hit by a car in a motor vehicle accident.
What Duty Do Motorists Owe to Pedestrians
In California, the law recognizes that pedestrians are vulnerable and affords them significant protections. Drivers have a legal obligation, often called a “duty of care,” to be vigilant and do everything reasonably possible to avoid a collision with someone on foot. This goes beyond just following the speed limit.
According to the California Department of Motor Vehicles, drivers are expected to be cautious of pedestrians at all times. This responsibility is detailed in several state laws. For instance, California Vehicle Code 21950 mandates that drivers must yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. This means drivers must slow down or stop to allow the pedestrian to cross safely.
Other key duties that motorists owe to pedestrians include:
- Not Overtaking a Stopped Vehicle: Drivers are prohibited from passing a vehicle that has stopped at a crosswalk to permit a pedestrian to cross.
- Driving at a Safe Speed: This means driving at a speed that is reasonable for the current conditions, which may be slower than the posted speed limit in areas with heavy foot traffic, such as near the Santa Monica Pier or in residential neighborhoods.
- Avoiding Distractions: Distracted driving, such as texting, talking on the phone, or adjusting the GPS, significantly reduces a driver’s ability to see and react to pedestrians.
- Yielding Before Turning: Drivers must scan for and yield to pedestrians before making a right or left turn at an intersection.
When a driver fails to meet these obligations and causes an accident, they can be held legally responsible for the harm they have caused. A pedestrian accident attorney in Santa Monica can use evidence like traffic camera footage, witness statements, and police reports to prove that the driver breached their duty of care.
What if I’m Partly to Blame for My Injuries?
It is a common misconception that you cannot seek compensation if you believe you might have been partially at fault for the accident. Perhaps you were crossing the street outside of a designated crosswalk or were distracted by your phone when the incident occurred. In these situations, it is crucial to understand that California law does not automatically bar you from recovery.
California operates under a legal rule called “pure comparative negligence.” This sounds complex, but the idea is fairly simple. It means that an injured person’s compensation can be reduced by their percentage of fault for the accident. For example, if a court finds that you were 20% responsible for the accident, your final award would be reduced by 20%, leaving you with 80% of the damages.
Here’s why this matters for you:
- You can still have a valid claim even if you share some of the blame.
- The insurance company for the driver may try to place 100% of the fault on you to avoid paying anything.
- An experienced attorney can fight back against unfair allegations of fault and work to minimize your assigned percentage of blame.
Never assume you don’t have a case just because you think you might have made a mistake. The driver still had a duty to see what was there to be seen and to avoid a collision if possible. An experienced pedestrian accident lawyer at Olan Law can carefully analyze the facts of your case and build a strategy to protect your right to fair compensation.
Hear From Our Clients
Should I Accept the First Offer from the Insurance Company?
Shortly after a pedestrian accident, you will likely be contacted by an insurance adjuster from the at-fault driver’s policy. They may sound friendly and concerned, and they might even offer you a quick settlement. While it can be tempting to accept this offer, especially when medical bills are piling up, it is almost always a mistake to do so.
Insurance companies are for-profit businesses. The adjuster’s primary goal is to resolve your claim for the lowest amount possible to protect their company’s bottom line. The first offer they make is typically a lowball figure that may not even cover your initial medical expenses, let alone account for the full scope of your losses.
Before accepting any offer, consider the following:
- The Full Extent of Your Injuries: It often takes time to understand the full nature and severity of injuries. You may need ongoing treatment, physical therapy, or even surgery in the future. A quick settlement won’t account for these long-term costs.
- Lost Income and Future Earnings: If your injuries prevent you from working, you are entitled to compensation for lost wages. If you are left with a permanent disability, you may also be compensated for your diminished ability to earn a living in the future.
- Pain and Suffering: The physical pain, emotional trauma, and loss of enjoyment of life caused by an accident are significant damages. Insurance companies often downplay these non-economic losses in their initial offers.
By accepting a settlement, you waive your right to seek any further compensation for the accident. This is why it is so important to speak with a skilled pedestrian accident attorney before you sign any documents or agree to any amount. Your attorney can help you calculate the true value of your claim and will handle all negotiations with the insurance company to fight for a settlement that is fair and just.
Compensation Available in a Santa Monica, California Pedestrian Accident Lawsuit
If you have been injured in a pedestrian accident caused by someone else’s negligence, you have the right to seek compensation for the harm you have suffered. This compensation, legally referred to as “damages,” is intended to help restore you to the position you were in before the accident occurred. A dedicated Santa Monica pedestrian accident attorney can help you identify and pursue all the damages you are entitled to.
Damages are typically categorized into two main types: economic and non-economic.
- Economic Damages: These are the tangible financial losses that have a specific dollar amount attached to them. They are meant to reimburse you for out-of-pocket expenses and financial setbacks caused by the accident. Common economic damages include:
- Past and future medical expenses (hospital stays, surgeries, medication, physical therapy)
- Lost wages from time missed at work
- Loss of future earning capacity if your injuries prevent you from returning to your job or require you to take a lower-paying position
- Costs for home modifications or assistive medical devices
- Non-Economic Damages: These are the intangible, personal losses that do not have a precise price tag but are just as real and devastating. They compensate you for the physical and emotional impact the accident has had on your life. These may include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life (inability to participate in hobbies or activities you once loved)
- Disfigurement and scarring
Calculating the full value of these damages requires a careful analysis of your medical records, employment history, and the overall impact the injuries have had on your daily life. The team at Olan Law has the experience to build a comprehensive claim that accounts for every aspect of your loss.
Contact Our Trusted Pedestrian Accident Attorneys Today
Taking on a complex legal claim while trying to heal from a pedestrian accident injury is a burden no one should have to bear alone. The compassionate and dedicated legal team at Olan Law is here to lift that weight from your shoulders and be your advocate through every step of the process.
We will stand by your side, handle the complexities of your case, and fight for the justice and financial resources you need to rebuild your life. An attorney from our firm can help you by:
- Conducting a thorough investigation into your accident to gather evidence and establish fault.
- Managing all communications with insurance companies so you can focus on your recovery.
- Working with medical and financial professionals to accurately calculate the full value of your damages.
- Aggressively negotiating for a fair and complete settlement on your behalf.
- Preparing your case for trial if a just settlement cannot be reached.
You do not have to face this challenge by yourself. Contact Olan Law today at (310) 566-0010 or through our online form for a free, no-obligation consultation to discuss your case with a caring member of our team. Let us show you how we can help.
Settlement
$8 Million +
SETTLEMENT in a product liability case against a tire manufacturer for defective tires which caused a blowout and against an automobile manufacturer for seat belt failure to restrain a passenger in a sports utility vehicle.
Settllement
$3 Million +
SETTLEMENT in a product liability case against a pharmaceutical company for the defective diet pill Phen Fen.
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FAQ for Santa Monica Pedestrian Accident Attorney
Here are answers to some common questions we hear from people who have been injured in a pedestrian accident.
How long do I have to file a pedestrian accident claim in California?
In California, the statute of limitations, or the legal deadline for filing a personal injury lawsuit, is generally two years from the date of the accident. There are some exceptions that can shorten or extend this deadline, so it is very important to speak with an attorney as soon as possible to protect your legal rights.
What if the driver who hit me was uninsured or did not have enough insurance?
If the at-fault driver is uninsured or their insurance policy is not large enough to cover all of your damages, you may be able to file a claim under your own auto insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. This is a type of coverage that you pay for to protect yourself in exactly this situation.
How much does it cost to hire a Santa Monica pedestrian accident attorney?
Most personal injury law firms, including Olan Law, work on a contingency fee basis. This means you do not pay any attorney’s fees upfront. We only get paid attorney’s fees if we successfully recover compensation for you, either through a settlement or a court verdict. Our fee is a percentage of the total amount recovered.