Orange County Pedestrian Accident Lawyer
Pedestrian Accident Attorney in Orange County, CA
California law provides strong protections for pedestrians and recognizes your right to travel safely on our roads. The experienced team at Bentley & More LLP is here to stand up for you. Our attorneys will advocate fiercely on your behalf, working diligently to hold the driver accountable and secure the compensation you may be entitled to. You deserve to work with an Orange County pedestrian accident lawyer who gives your case the attention it deserves.
To schedule a free and confidential consultation, contact us today.
How Our Orange County Pedestrian Accident Lawyers Can Help With Your Claim
A legal professional works on documents and reports for an important case, with a gavel and scale on the table in a courtroom. When you have been struck by a vehicle, your focus should be entirely on your health and recovery, not on battling insurance companies or navigating complicated legal procedures. At Bentley & More LLP, we make it our mission to shoulder those burdens on your behalf.
We provide focused, strategic legal guidance so you can feel confident knowing experienced advocates are protecting your rights and pursuing the compensation you may need to rebuild your life.
We act quickly because evidence in pedestrian accident cases can disappear fast. Our team sends legal notices to preserve surveillance footage from businesses in Santa Ana, obtains traffic camera recordings from busy intersections in Irvine, and secures data from a vehicle’s event data recorder, often called the black box. We also identify and interview witnesses right away, capturing critical details while their memories are still clear.
Our Approach
Insurance companies often try to shift blame, suggesting you were distracted or in a prohibited area. We counter these arguments with evidence and experienced insight.
By working with leading accident reconstruction professionals, we analyze factors such as speed, reaction time, and line of sight to build a clear, data‑driven narrative that shows exactly how the driver caused the crash.
As experienced trial lawyers, we prepare every case as if it will go before a jury. This reputation gives our clients leverage in negotiations and makes sure we never settle for less than what fully accounts for your medical needs, financial losses, and the lasting impact on your life.
Understanding the Legal Duties of California Drivers Toward Pedestrians
In California, drivers are held to a high duty of care when it comes to protecting pedestrians. The law recognizes that someone on foot is far more exposed to harm than anyone in a vehicle, so it places the primary responsibility for safety on those behind the wheel.
Several sections of the California Vehicle Code set out these duties, and experienced Orange County pedestrian accident lawyers rely on these rules when building a strong claim on your behalf.
California Crosswalk Laws and Pedestrian Right of Way
One of the most important protections for pedestrians is found in California Vehicle Code § 21950. This aspect of pedestrian accident laws requires drivers to yield the right-of-way to anyone crossing the street in a marked or unmarked crosswalk at an intersection. Drivers must slow down and, when necessary, stop so the pedestrian can cross safely.
When a driver ignores this duty, and a collision happens, that violation can serve as clear evidence of negligence.
Driver Responsibilities to Pedestrians Outside Crosswalks
Insurance companies sometimes try to avoid paying by saying the pedestrian was jaywalking, but California law makes it clear that a driver’s responsibility does not end there. Under California Vehicle Code § 21954, even when a pedestrian is crossing outside of a marked crosswalk and must yield to vehicles, drivers still have a legal obligation to use reasonable care to avoid a crash.
This duty means drivers must stay alert, watch the road ahead, and be ready for unexpected situations, such as someone stepping out from between parked cars. A driver who is distracted, speeding, or simply not paying attention can still be held accountable for striking a pedestrian, even if that person was not in a crosswalk.
Our skilled attorneys use these legal protections to challenge unfair arguments and defend your right to full compensation.
Leading Causes of Pedestrian Accidents in Orange County
In the United States, a pedestrian is killed in a traffic accident every 64 minutes. When someone on foot is hit by a vehicle, the consequences can be devastating. An experienced Orange County pedestrian accident attorney will understand how serious these crashes can be and can be your strongest ally if you’ve been injured by a negligent driver.
While many situations can lead to a serious collision, most pedestrian accidents stem from a few recurring types of driver negligence. Our team has the skill and resources to investigate these cases and establish fault, whether the crash occurs in a busy commercial area or on a quiet neighborhood street.
Distracted Driving and Pedestrian Accident Claims
In today’s connected world, distracted driving is one of the most frequent causes of traffic accidents. A driver who is texting, talking on the phone, adjusting a GPS, eating, or simply not paying full attention to the road creates a serious danger for anyone walking nearby.
Our attorneys often use phone records, witness statements, and accident reconstruction to show that a driver was distracted at the time of the crash.
Intersection Accidents and Failure to Yield
Many accidents take place at busy intersections such as Beach Boulevard and Chapman Avenue when drivers fail to yield the right of way. A common example is a motorist making a right turn on a red light without checking for pedestrians in the crosswalk. Another frequent scenario is a driver making a left turn, focusing only on oncoming traffic and failing to notice someone walking across the street they are turning onto.
Pedestrian Risks From Speeding in Neighborhoods and School Zones
Drivers who speed through residential streets or near schools have far less time to respond if someone, especially a child, steps into the roadway. Traveling at high speeds violates the driver’s duty to use reasonable care and significantly increases stopping distance and the severity of injuries in when event of a collision.
DUI Accidents Involving Pedestrians in Orange County
A driver who is impaired by alcohol or drugs has poor judgment, reduced coordination, and slower reaction times. According to data from the National Highway Traffic Safety Administration (NHTSA), impaired driving remains a major contributor to traffic deaths across the country.
When an intoxicated driver strikes a pedestrian, they can be held responsible not only for compensatory damages but also for punitive damages meant to address the seriousness of their reckless behavior.
If you or someone you care about has been injured in an Orange County pedestrian accident, experienced Orange County pedestrian accident lawyers can investigate the cause, build a strong case, and pursue full accountability.
What to Do After a Pedestrian Accident in Orange County
After a pedestrian accident in Orange County, the steps you take in the days ahead can have a major impact on both your health and any legal claim you decide to pursue. Taking the right actions early can help preserve important evidence and give your attorney what they need to build a strong case on your behalf.
Seek Medical Care as Soon as Possible
Your health should be the top priority. Even if your injuries seem minor, it’s wise to see a medical professional because issues like head injuries or internal trauma may not show symptoms right away. Receiving prompt treatment supports your recovery and creates a clear medical record that links your injuries to the accident.
Report the Accident to Law Enforcement
Make sure the accident is reported to the police so that an official record is created. Police reports often include details about the driver, witness statements, and observations about the scene, all of which can help strengthen your claim later on.
Keep a File of Evidence and Records
Save anything connected to the crash, such as medical bills, discharge papers, prescriptions, and receipts for transportation or medical equipment. Keeping these documents organized will make it easier for your attorney to show the full extent of your damages.
Write Down What You Remember
Memories can fade quickly, so soon after the accident, take time to write down everything you remember—how the crash happened, anything you noticed about the driver, and any conversations you had with witnesses or law enforcement. These notes can be very helpful when your attorney is preparing your case.
Be Careful When Speaking With Insurance Companies
If an insurance adjuster reaches out, provide only basic information, such as your name and contact details. Avoid giving recorded statements, detailed explanations, or accepting any settlement before you’ve spoken with a lawyer who handles pedestrian accident cases in Orange County.
Contact an Experienced Orange County Pedestrian Accident Attorney
Reaching out to an attorney soon after the crash gives them a better chance to secure evidence, such as traffic camera footage or vehicle data, before it’s lost. With a lawyer handling your pedestrian accident case, you can focus on your recovery while they work to protect your rights and pursue the compensation you need.
Serious Injuries in Orange County Pedestrian Accidents
A person on foot has no physical protection in a crash with a vehicle. Because of this, the injuries from a pedestrian collision are often severe, affect multiple parts of the body, and have lasting effects on a person’s life. To secure a recovery that truly meets long-term medical and personal needs, it is important to understand the full scope of these injuries.
Experienced Orange County pedestrian accident lawyers work closely with medical professionals to carefully document the extent of these injuries and build a strong foundation for your claim.
Traumatic Brain Injuries From Pedestrian Accidents
When a pedestrian’s head strikes a vehicle or the pavement, the result can range from a concussion to a serious traumatic brain injury. The long-term effects may include memory loss, significant changes in personality, ongoing cognitive challenges, and, in some cases, a loss of independence.
Spinal Cord Injuries
The force of an impact can fracture vertebrae or damage the spinal cord, leading to partial or complete paralysis. These injuries often require lifelong care, extensive home modifications, and specialized equipment, with costs that can easily reach millions of dollars.
Common Fractures in Pedestrian Accident Claims
Pedestrians are often struck in ways that cause several fractures at once, commonly involving the legs, pelvis, hips, and arms. These fractures may need multiple surgeries, implanted hardware such as rods and screws, and a lengthy rehabilitation process.
Internal Organ Damage and Bleeding
A strong impact can injure vital organs, leading to internal bleeding, organ failure, and other serious conditions that require immediate emergency treatment and surgery.
For many, these injuries bring lasting changes that affect not only their health but also their freedom and quality of life.
Evidence You May Need for a Pedestrian Accident Case
As with any civil case, you’ll need to provide evidence to support your claim. That evidence can come in many forms, but often includes:
- Photos from the accident scene
- Driver information
- Witness statements
- Expert witness testimony
- Police reports
- Surveillance footage
- Information about the surrounding conditions
- Medical records
- Hospital bills
- Pay stubs to show lost wages
You can collect some of this information yourself, such as photos of the accident scene and medical records. Your lawyer can subpoena other essential information, such as surveillance videos, that could help your case and make arrangements for expert witnesses to testify on your behalf.
It can also help to keep a detailed log of the event and everything that followed it. Write down everything you remember about the accident as soon as you get the chance and include as much detail as possible. The daily diary should include information such as pain scores and how your symptoms are affecting your daily life.
How Compensation Is Calculated in Orange County Pedestrian Accident Cases
A successful claim must account for every loss you and your family have experienced. Our team documents the full scope of your damages so that any settlement or verdict reflects both your immediate and long-term needs, bringing stability during a very difficult time.
Economic Damages: The Financial Costs
These damages cover measurable financial losses supported by records such as bills, receipts, and wage statements. A pedestrian accident attorney in Orange County will gather this evidence to support your case. Common examples of economic damages include:
- Past and Future Medical Expenses. Compensation for all treatment, from emergency care and hospital stays to future surgeries, physical therapy, medications, and in-home assistance.
- Lost Wages and Earning Capacity. Recovery for income lost while you are unable to work, as well as reduced ability to earn in the future if the injuries are permanent.
- Other Out-of-Pocket Costs. This can include the cost of medical equipment, home modifications, or transportation to ongoing medical appointments
Non-Economic Damages: The Human Impact
These damages address the personal, deeply felt losses that cannot be measured by bills but still have a lasting effect on your life. Common examples of non-economic damages include:
- Pain and Suffering. For the physical pain, emotional strain, and mental distress caused by the accident and your injuries.
- Scarring and Disfigurement. For the lasting physical changes that affect appearance, confidence, and overall well-being.
- Loss of Enjoyment of Life. For the ways your injuries limit your ability to take part in activities and experiences you once valued.
A jury considers all of these factors when deciding what fair compensation for your situation is.
California’s Statute of Limitations for Pedestrian Accident Claims
California law sets strict time limits for filing a personal injury claim. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the accident to file your case in court. If you miss the filing deadline, you will likely lose the right to seek compensation, regardless of how serious your injuries are or how clear the driver’s fault may be.
When a government entity is involved, such as a city bus or another public vehicle, the timeline is even shorter, and you typically have only six months to submit a formal claim. Because these deadlines are strict and unforgiving, it is important to contact a personal injury attorney as soon as possible after the accident so your rights are fully protected.
FAQs About Pedestrian Accidents
What Is the Average Payout for a Pedestrian Hit by a Car in California?
There is no average payout for a pedestrian hit by a car in California because every case is so different. In cases where pedestrians sustain only minor injuries or fault is shared between the driver and the victim, the payout may be relatively low. In cases involving catastrophic injuries and clear liability, victims may receive more compensation. Your final settlement will also depend on your lawyer’s skill in negotiations.
What Is the New Pedestrian Law in California?
The new pedestrian law in California is AB 413. This bill prohibits drivers from parking or stopping within 20 feet of any marked or unmarked crosswalk, improving pedestrian visibility and making it easier for them to see cars. The restriction applies even without paint or signage because California decriminalized safe jaywalking in 2023.
How Much Will I Get From a $25,000 Settlement?
How much you will get from a $25,000 settlement depends on several factors. First, your lawyer will use a portion of the money to pay any unpaid medical bills. Next, they will take their share of the settlement, as agreed upon when you hired them. You’ll get the rest. However, because California is a pure comparative negligence state, your settlement amount may be decreased proportionately to the fault you’re assigned for the accident, as well.
What Happens if You Hit a Pedestrian With Your Car in California?
If you hit a pedestrian with your car in California, a police investigation will ensue, and you may face criminal charges. You’ll also face significant civil liability. You could be found responsible for paying for the accident victim’s damages, including medical bills, lost wages, and non-economic damages. Drivers are typically found at fault in these kinds of accidents, even if the pedestrians were jaywalking.
Hire a Pedestrian Accident Lawyer Today
Greg Bentley & Keith More, Pedestrian Accident Lawyer
If you’ve been injured in a pedestrian accident, pursuing a legal claim is not just about seeking financial support; it is about holding the negligent driver accountable and securing the potential resources your family needs to regain a sense of stability and move forward. To get the most out of your claim, you should hire a pedestrian accident lawyer who can assist you with all aspects of the case.
Our team of dedicated legal professionals is ready to stand by your side as your voice and your advocate. If you would like to speak with one of our compassionate Orange County pedestrian accident lawyers, contact Bentley & More LLP to schedule a free, confidential consultation.
Hear From Our Clients
“I had a very complicated case that had already been declined by two top trial lawyers before I met Brayden and Greg at Bentley & Moore. From the beginning, they showed why they are the real deal when it comes to trial lawyers.
Brayden and Greg were incredibly passionate, detail-oriented, and relentless in fighting for me. They didn’t just take on my case—they owned it. Their skills and preparation were top-notch, and they never backed down from the insurance company and the challenge.
Thanks to their dedication and expertise, I received an excellent outcome that exceeded my expectations. It’s clear they are true trial lawyers who care deeply about their clients and are willing to fight cases that others won’t touch.
If you need attorneys who are fearless, strategic, and committed to getting results, I can’t recommend Brayden and Greg at Bentley & Moore enough.” – Carmen Cervantes ⭐⭐⭐⭐⭐
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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