Legal Rights After a Pedestrian Accident in California — What Victims Need to Know
Pedestrian accidents are a growing concern on California’s busy streets. With distracted drivers, fast-moving traffic, and congested intersections, pedestrians are among the most vulnerable road users. When a person is struck by a car, truck, or even a delivery vehicle, the injuries can be catastrophic, leading to long-term medical needs, loss of income, and major disruptions to daily life.
If you or a loved one has been injured as a pedestrian, it’s critical to understand your legal rights and the steps needed to hold the at-fault party accountable. Attorney Michael Madadi and the legal team at BD&J, PC have helped countless accident victims throughout California pursue justice and full compensation.
Why Are Pedestrian Accidents So Severe?
Unlike occupants of vehicles, pedestrians have no physical protection in a collision. Even a low-speed impact can cause:
- Traumatic brain injuries (TBI)
- Broken bones and fractures
- Spinal cord injuries and paralysis
- Internal injuries and organ damage
- Scarring and permanent disability
In many cases, these injuries require extensive hospitalization, surgeries, rehabilitation, and ongoing care. The financial, physical, and emotional toll can be immense.
Common Causes of Pedestrian Accidents
Pedestrian accidents are often the result of driver negligence. Common scenarios include:
- Drivers failing to yield at crosswalks or intersections
- Distracted driving (texting, phone use, eating)
- Speeding in residential or school zones
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Poor visibility due to weather, darkness, or obstructions
While drivers are frequently at fault, insurance companies may try to blame the pedestrian or claim they were “jaywalking” or not paying attention. This is where having a strong legal advocate matters most.
What to Do After a Pedestrian Accident
Seek immediate medical attention.
Your health comes first, and prompt care also helps document the injuries for your legal claim.
Call law enforcement.
Request an official accident report and make sure your statement is recorded.
Gather evidence.
If possible, take photos of the scene, your injuries, any vehicle involved, traffic signals, and skid marks. Get contact information for witnesses.
Avoid admitting fault or discussing details with insurance adjusters.
Insurers may contact you quickly and attempt to get a recorded statement. Always consult with an attorney first.
Contact a personal injury attorney.
An experienced lawyer will handle communications with insurers, build your case, and make sure you aren’t pressured into an unfair settlement.
Your Rights to Compensation
California law gives pedestrian accident victims the right to recover damages for:
- Medical expenses (past and future)
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
If a loved one is killed in a pedestrian accident, surviving family members may bring a wrongful death claim for funeral costs, lost support, and the loss of companionship.
The Role of a Personal Injury Attorney
Insurance companies often try to minimize payouts or shift blame to the victim. Michael Madadi and BD&J, PC stand up to these tactics by:
- Investigating the accident in detail
- Consulting accident reconstruction and medical experts
- Gathering traffic camera footage and witness testimony
- Calculating the true value of your damages
- Negotiating aggressively for a fair settlement
- Taking the case to trial when necessary
Their proven approach has helped clients recover substantial compensation, even in cases where liability was disputed or the injuries were life-altering.
Frequently Asked Questions
What if the driver who hit me fled the scene?
You may be able to recover through your own uninsured motorist coverage or through the California Victim Compensation Board. Your attorney will investigate all available options.
Can I still recover damages if I was outside a crosswalk?
Yes. Even if you were not in a crosswalk, you may be entitled to compensation—especially if the driver was speeding, distracted, or impaired.
How long do I have to file a pedestrian accident claim?
California law generally allows two years from the accident date, but the sooner you act, the stronger your case.
Why Choose Michael Madadi and BD&J, PC?
Attorney Madadi’s background in large-scale injury litigation and consumer protection, combined with BD&J’s reputation for tough negotiation and high-value verdicts, gives you a powerful ally. You pay nothing unless they win your case.
Don’t let insurance companies or negligent drivers deny you justice. If you or a loved one has been injured as a pedestrian, contact Michael Madadi at BD&J, PC today for a free consultation and a clear plan for moving forward.
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