Pedestrians should feel safe from the prospect of suffering a serious injury because of another’s negligence. At the Dolan Law Firm, we fight hard to get pedestrian victims of accidents the compensation they deserve.
Our injury attorneys help people throughout the San Francisco Bay Area — Oakland, San Jose, Alameda, Santa Cruz and Santa Clara — get financial compensation for injuries they suffered in pedestrian accidents involving:
- Hit-and-run accidents
- Being hit by a car, truck or bus
- Being struck by a Muni, BART or SamTrans public transportation vehicle
- Falls on private property (such as parking lots and stores) or public property
- Falls or being struck by a motor vehicle because of defects in roadways or sidewalks or in crosswalks due to inadequate signage, striping or warnings
The California Vehicle Code describes the rights and duties of pedestrians, and Vehicle Code S 21950 details pedestrian rights in a crosswalk. The trial lawyers of the Dolan Law Firm have a track record of proven results in pedestrian accident cases:
- $4.25 million for lifetime medical care for a young man who suffered a severe head injury after being hit in a crosswalk at a dangerous intersection that the city had failed to properly sign and mark
- $2 million on behalf of a pedestrian who suffered severe injuries after twisting his ankle in a pothole
- $1.25 million for the family of a 65-year-old pedestrian hit and killed by a Muni bus in Chinatown
- $750,000 for the family of a pedestrian hit and killed by a Muni bus
Pedestrian Accidents Involving Dangerous Conditions
Premises liability cases involving dangerous sidewalks and roadways are often very challenging. It usually means going after a state, city or local municipality.
Owners of roadways, sidewalks and property have a duty to remedy any defect they are aware of that creates a dangerous condition. When a pedestrian is injured, the attorney must prove that the property owner should have been aware of the defect. The attorney will attempt to prove that someone informed the owner of the dangerous condition, or that the condition existed long enough that the owner should have known.
The dangerous condition must be more than trivial for it to create liability for damages. For example, related factors such as weather, lighting conditions and road usage may also be considered.
Keep Careful Records
After learning of an injury, many property owners will repair the problem. While trying to ensure that no one else gets injured, they eliminate evidence of the dangerous property conditions that caused the injury. In California, it is not sufficient to say that because something was repaired, it previously was dangerous. You must have evidence showing the actual dangerous condition.
If you have an opportunity to collect evidence soon after the injury, it is valuable to document the condition in a way that shows physical characteristics. For example:
- Use a ruler to photograph the dimensions of the defect.
- Get pictures showing the defect from the direction you were walking (your approach). Many defects are not visible to even the most careful pedestrians.
- Immediately put away the shoes you wore at the time of your fall. They may have evidence of oil or other debris on the bottom that can be lost by continued wear. We need to have these examined by an expert. The available traction on the bottom of your shoes at the time of your fall may also be reviewed.
Contact Our Attorneys With Offices in Oakland, San Francisco and Sacramento
The pedestrian accident lawyers of the Dolan Law Firm are dedicated to getting you the best result possible. We do not charge a fee unless we recover damages so you have nothing to lose by talking with a lawyer about your case. Contact the attorneys at the Dolan Law Firm online or at 888-545-9519.
Evening and weekend appointments are available. We will come to you at your home or the hospital if you are unable to come to us.