Maison Law Accident and Injury Lawyers of Fremont represents pedestrians that have been injured in accidents throughout the city. Of all the different places you could be injured in one of these accidents, the most frequent is at an intersection. This is despite the fact that intersections are largely designed for pedestrians’ safety first. If you’ve been hurt at an intersection, contact us today for a free consultation.
Do You Need a Lawyer?
Pedestrian accidents at Fremont intersections can be stressful, even though you might not expect to be injured in this situation. And you aren’t required to get a lawyer. At the same time, as a pedestrian, having legal help can make things easier. Our team can help you by:
- Dealing with the insurance companies to make sure you’re treated fairly.
- Standing up for you against unfair tactics and fight for your claim, even in court if needed.
- Taking care of the paperwork and negotiations so you can focus on healing.
Intersection accidents can be complicated, especially when it comes to figuring out who’s at fault. That’s where we step in to guide you. We offer free consultations and you don’t pay anything to us upfront.
What Should You Do If You’re Injured at an Intersection?
Your typical Fremont intersection is designed with pedestrian safety in mind. But unfortunately, these are incredibly busy parts of the road. Intersections like Mowry Avenue and Stevenson Boulevard see huge numbers of vehicles and people walking across the street. So, it’s not difficult to see how you could be hurt in this situation. The question, then, becomes: what do you need to do to protect your rights:
- Call 911 – First and foremost, call 911 for medical help. Even if you think your injuries are minor, some issues may not show up right away. This should also prompt a police response.
- Report the accident – One way or another, you’ll need to report the accident to the Fremont police. They should create an official accident report, which is vital for an insurance claim.
- Swap information – Share and collect contact and insurance details with the driver involved. There will probably be plenty of witnesses, so get their contact information.
- Take pictures or videos – Use your phone to document the scene thoroughly–the easiest way to do this is to take pictures and videos of any vehicle damage, your injuries, and the road conditions.
- Watch what you say – Watch what you say when you’re talking about the accident. Don’t admit fault or make problematic statements to police or insurance reps.
- Track the impact of the accident – Keep track of how the accident affects your daily life, such as missed work, emotional challenges, or changes to your routine. Also make sure to stick to your doctor’s recommendations to show your commitment to recovery.
Accidents bring challenges, but your health and safety must come first. Taking these steps will not only support your recovery but also help you build a strong case for your damages.
What Damages Can You Get After a Pedestrian Accident?
A pedestrian accident, no matter the cause, can cause serious damage—especially to your body. When you’re walking, you have no protection against a moving car, and injuries are often serious–even in a minor collision. While it’s important to take care of your health first, you also have legal options. Mainly, you get to file an injury claim to recover “damages.” To do this, you can either:
- File an insurance claim out of court
- File a personal injury lawsuit
An insurance claim usually gives you quicker access to a settlement, but it’s completely controlled by the at-fault driver’s insurance company. Their main goal is to save money, so they usually lowball you in the hopes you’ll just take the money. A lawsuit, on the other hand, is impartial. It takes longer, but it gives you a better chance at recovering full damages, like:
- Medical expenses and ongoing care costs
- Lost income from missed work or a loss of earning potential if you can’t work anymore
- Repair or replacement costs for any damaged property, like your phone or clothing
- Costs relating to your pain, suffering, and emotional distress
- Financial support for your reduced quality of life
- Wrongful death expenses if there are fatal injuries
Not all of these damages may apply to your case, but they’re all worth considering. In California, you have two years from the date of the accident to file a claim. Pedestrian accidents like these often result in long-term injuries, so it’s crucial to ensure you’re getting the full amount of support for your damages to help you recover and move forward.
Who Pays For Your Damages After an Accident at an Intersection?
In a pedestrian accident at a Fremont intersection, you clearly have the ability to file a claim to recover damages. But the main question is: who has to pay for these damages. The answer, as you might expect, is like any other injury case. It hinges on negligence–the failure to take reasonable care to prevent harm. In a pedestrian accident, this usually falls on whoever:
- Failed to take proper actions to protect your safety as a pedestrian.
Most often, liability points to a driver, but depending on the circumstances, other parties might also share responsibility, including:
- Drivers who weren’t directly involved in the crash
- Local or state government
- Other pedestrians
- Construction crews or companies
- Vehicle or parts manufacturers
In some rare cases, you may share some responsibility for the accident. Here are a few examples where this could happen:
- Crossing the street in an unsafe location
- Ignoring traffic signals
- Suddenly entering the street
Even if you are partially at fault for the accident, California’s comparative negligence law allows you to still file an injury claim. The tradeoff is that your damages would be reduced based on how much fault you share for the incident. That’s why it’s important to do the right things after the accident. But it’s equally important to look at how these accidents happen so you can more easily determine liability.
How Do Pedestrian Accidents Happen at Fremont Intersections?
An intersection is usually the safest place for a pedestrian, given the numerous crosswalks, sight lines and traffic signals that mark these parts of the road. At the same time, though, a lot of different variables and factors are in play that can lead to accidents–many of which are outside of your control as a pedestrian. So, common causes of pedestrian accidents at Fremont intersections usually involve:
- Distracted driving – Drivers who are texting, using their phones, or eating are more likely to miss seeing pedestrians.
- Speeding – Drivers going too fast for the conditions might not have enough time to stop for pedestrians in crosswalks.
- Failure to yield – Drivers who don’t stop for pedestrians at crosswalks or ignore traffic signals, like stop signs and red lights, can cause serious accidents.
- Low visibility – Pedestrian accidents at intersections are more likely at night or in poor weather when it’s harder for drivers to see pedestrians.
- Impaired driving – Drivers who are impaired by drugs or alcohol have slower reaction times and poor judgment, increasing the risk of accidents.
- Road or sign issues – Poorly designed roads or areas without proper sidewalks or crosswalks can make pedestrian accidents more likely. Also, signs can malfunction, adding to the danger.
While these causes are important to understand, pedestrians can also take steps to stay safe. Always use crosswalks, stay alert, and be cautious, especially in busier areas like downtown Fremont. Even though Fremont has a mix of urban and suburban areas, accidents can happen anywhere. When they do, our team will be there to support you.
Experienced Fremont Pedestrian Accident Lawyers
If you’ve been in a pedestrian accident at a Fremont intersection, we can help you figure out the details and guide you through the claims process to get the financial help you need to get better.
Our experienced team of pedestrian accident lawyers at Maison Law Accident and Injury Lawyers of Fremont is ready to support you. Contact us today for a free consultation.