I was hit by a car in a San Francisco crosswalk. What are my rights and how can I seek legal help?
I was walking across a marked crosswalk near Golden Gate Park in San Francisco last Tuesday (September 6th, around 6:00 pm). Even though there wasn’t a walk signal, I thought pedestrians have the right of way in California. A speeding car, probably going around 50 mph in a 35 mph zone, hit me. Luckily, I only suffered some bruises, but my medical bills are already piling up. The driver stopped, but they claimed I was at fault since I didn't wait for the walk signal.
I've heard of pedestrian right-of-way laws in California. What are my legal rights? Which type of lawyer should I look for? Are there lawyers who specialize in pedestrian accidents? How do I ensure that I’m hiring a competent lawyer, and what's the average cost of hiring one?
Commonly posted questions...
Legal Solution
The response provided below is specific to Pedestrian accident attorney in the jurisdiction of San Francisco. If the response is inadequate, please submit a detailed inquiry.
Understanding Pedestrian Right-of-Way Laws in California
In California, pedestrians generally have the right of way in marked or unmarked crosswalks. 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. However, pedestrians must also not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.
Relevant Laws and Links:
- California Vehicle Code § 21950(a)
- California Vehicle Code § 21950(b)
- California Department of Motor Vehicles (Homepage)
Possible Solutions and Legal Recourse
Given your situation, there's a solid chance you have a valid personal injury claim. Your primary course of action should be:
- Document everything: This includes taking photos of your injuries, the accident scene, and any damages. Also, if there were any witnesses, get their contact details.
- Seek medical attention immediately, even if you feel fine. This not only ensures your health but serves as evidence.
- Consult a personal injury lawyer who specializes in auto accidents. They can guide you through the complexities of your case and advise on compensation.
To find the right lawyer, consider browsing through directories, checking online reviews, and asking for recommendations.
Estimated Lawyer Fees in San Francisco
Service | Average Price in San Francisco |
---|---|
Initial Consultation | $100 - $300 |
Case Evaluation | $500 - $1,500 |
Representation (Contingency fee for personal injury cases) | 25% - 40% of the settlement |
Note: Personal injury lawyers often work on a contingency fee basis. This means you won't pay any legal fees unless you receive a settlement or judgment.
Need Further Details
Your case has a lot of intricacies. To better assist, please provide more specifics:
- Was there a traffic camera at the intersection?
- Did the police create a report?
- Do you have any previous medical conditions that might be relevant?
Remember, it's essential to ask a free legal question if you're ever unsure.
Please answer the following questions for a clearer understanding:
- Medical Documentation: Do you have all your medical bills and reports related to the accident?
- Insurance Involvement: Has the driver's insurance company contacted you? If so, what have they offered or said?
- Witness Information: Were there any witnesses to the accident, and have they provided statements?
Q1: Do I need a lawyer if I was hit by a car but didn't suffer significant injuries?
Even if injuries are minor, a lawyer can help ensure you get a fair settlement, especially if there's a dispute about who was at fault.
Q2: The driver's insurance company offered me a settlement. Should I take it?
Before accepting any offer, consult with a lawyer. Initial offers are often lower than the actual value of the claim.
Q3: I was partially at fault. Can I still get compensation?
California follows comparative negligence. Even if you're partially at fault, you can still recover damages, but it might be reduced based on your fault percentage.
Q4: How long do I have to file a personal injury claim in California?
Generally, the statute of limitations is two years from the date of the injury. However, certain exceptions can apply.
Q5: What kind of compensation can I expect?
Compensation can cover medical expenses, lost wages, pain and suffering, and other damages. The amount varies based on the severity of injuries and other factors.