Oakland Pedestrian Accident Lawyers
Representing Injured Californians Since 1994
Northern California, and specifically the Bay Area, is one of the most dangerous places for pedestrians. Despite recently ramped-up efforts in and around San Francisco to help eliminate traffic-related deaths and promote pedestrian and cyclist safety, more pedestrians died in the city in 2019 than the previous year, according to a report from KCBS Radio.
If you or someone you loved was involved in a pedestrian-vehicle collision, your life has likely turned upside down. At Pacific Workers', The Lawyers for Injured Workers, we understand the devastating impact these accidents have, both on victims and their loved ones. While we know that no amount of financial recovery can ever truly “compensate” you for what you have been through, we also believe that you deserve justice and a chance to heal. Our Oakland pedestrian accident lawyers are here to help you fight for the rightful compensation you are owed for your medical bills, lost wages, lost future earnings, disability, pain and suffering, and other damages. All of our attorneys and staff are members of the local community, and we are deeply committed to serving our community by representing victims of negligence and holding liable parties accountable.
Put over 130 years of collective legal experience on your side; contact Pacific Workers', The Lawyers for Injured Workers online or by phone at (888) 740-6434 for a free and confidential consultation.
Are Motorists Always at Fault for Pedestrian Accidents?
You may have heard the phrase, “pedestrians always have the right-of-way,” and while it’s true that motorists are responsible for doing everything they reasonably can to avoid a collision with a pedestrian, pedestrians also have a duty to follow applicable laws and rules of the road. Specifically, pedestrians must obey all traffic control devices, such as do-not-walk signals, red lights, stop signs, and crossing guards.
Pedestrians should also avoid crossing streets outside of intersections and should always use crosswalks when they are available. The state of California makes it illegal to “jaywalk,” or cross a street that does not have a marked crosswalk or intersection; pedestrians who are found to have been jaywalking or committing any other violation when they were hit may have a harder time recovering compensation in a personal injury case.
That being said, pedestrians are simply no match for large, heavy vehicles and, as such, motorists should always take every available precaution to avoid hitting a pedestrian. Far too often, pedestrians are severely injured or killed because a motorist was speeding, drunk, distracted, or simply not paying attention.
We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!
-
Thank you for being so kind and completely sympathetic to my case!
“I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”
Jazzie D. Daly City, CA -
They took care of me!
“Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”
Gabi O. Sacramento, CA -
The most down to earth team I have ever met!
“They have strong communication and I was respected throughout the whole process. They had never given up on me!”
Nekealla C. Tracy, CA -
I'm forever grateful & thankful to all!
“I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”
L.S. Union City, CA
What Damages Are Available in Pedestrian Accident Cases?
Sadly, many pedestrians who are struck by motor vehicles sustain catastrophic bodily injuries. These injuries can lead to a lifetime of medical bills and other financial challenges. By filing a personal injury claim, you can seek fair and just compensation for those damages.
While each case is different, and the exact damages you may be able to recover will depend on the specifics of your case, many pedestrian accident victims are able to recover the following damages:
- All medical expenses related to the accident, including:
- Initial emergency medical treatment
- Ambulance, emergency room, and hospital fees
- Diagnostic services
- Surgeries
- Rehabilitation therapy
- Medications/pain management
- Medical devices and equipment
- Lost wages and/or income, including:
- Lost current wages from time taken off work to receive medical treatment
- Lost wages incurred during recovery
- Lost future earnings/loss of earning ability due to disability
- Pain and suffering, including emotional distress
- Treatment for trauma, including counseling
- Inconvenience and disfigurement
Additionally, the family members of those wrongfully killed in pedestrian accidents can seek compensation by filing a wrongful death lawsuit. Recovery in such cases often includes compensation for medical expenses, funeral costs, anguish, loss of companionship, loss of support, lost wages/income, and more.
Are Motorists Always at Fault for Pedestrian Accidents?
You may have heard the phrase, “pedestrians always have the right-of-way,” and while it’s true that motorists are responsible for doing everything they reasonably can to avoid a collision with a pedestrian, pedestrians also have a duty to follow applicable laws and rules of the road. Specifically, pedestrians must obey all traffic control devices, such as do-not-walk signals, red lights, stop signs, and crossing guards.
Pedestrians should also avoid crossing streets outside of intersections and should always use crosswalks when they are available. The state of California makes it illegal to “jaywalk,” or cross a street that does not have a marked crosswalk or intersection; pedestrians who are found to have been jaywalking or committing any other violation when they were hit may have a harder time recovering compensation in a personal injury case.
That being said, pedestrians are simply no match for large, heavy vehicles and, as such, motorists should always take every available precaution to avoid hitting a pedestrian. Far too often, pedestrians are severely injured or killed because a motorist was speeding, drunk, distracted, or simply not paying attention.
Let Our Team Fight for You
The aftermath of a pedestrian accident is often overwhelming. At Pacific Workers', The Lawyers for Injured Workers, we are prepared to fight tirelessly for you and your recovery. When you work with us, you don’t just get one attorney on your case. Instead, an entire team of legal professionals is dedicated to helping you get back on your feet and secure the maximum compensation you are owed. The last thing you should have to worry about right now is navigating the civil law system. Let our Oakland pedestrian accident attorneys fight for you.
Call us at (888) 740-6434 or contact us online to get started with a free initial consultation.
Workers' Comp FAQ
-
Am I Eligible for Workers’ Compensation?
In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.
-
Can't I Just File for Workers' Compensation on My Own?
Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.
-
What Can I Expect from the Workers' Compensation Process?
As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced attorneys will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.
-
Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?
Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!
-
Can I Get Workers’ Compensation If I Was Fired?
If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.
