Pedestrian Accident Attorney Orange County

When it comes to a collision between a vehicle and a pedestrian, it’s clear who’s going to end up with the most serious injuries. Fortunately, an pedestrian accident attorney Orange County can help you recover the compensation you need and deserve.

An Orange County Pedestrian Accident Lawyer is essential because, unfortunately, many drivers in Orange County fail to yield to pedestrians, even when walkers have the right-of-way in a clearly marked crosswalk. This negligence frequently results in catastrophic injuries, significant physical and emotional trauma, and severe financial strain that can impact a victim’s life for years to come.

To make matters worse, insurance companies will often try to unfairly blame the pedestrian to deny or minimize a rightful claim. If you’re unsure of the steps you need to take to ensure the person responsible for your injuries covers the costs, you need a powerful legal advocate on your side. That’s where a skilled pedestrian accident attorney in Orange County from Kohan & Bablove Injury Attorneys can help.

Our team specializes in these complex cases, and our highly experienced litigators are prepared to bring your case to a successful resolution. We hold negligent drivers accountable and fight back against aggressive insurance companies to pursue the maximum compensation for your medical care, lost wages, and suffering. Contact us today for a free, no-obligation consultation to protect your rights and secure the justice you deserve.

Why Choose Kohan & Bablove Injury Attorneys After a Pedestrian Accident?

When you’ve been struck by a vehicle as a pedestrian, your choice of legal representation is the most critical decision for your future. At Kohan & Bablove Injury Attorneys, we have a proven record of success for injured pedestrians, securing millions of dollars for victims and holding negligent drivers accountable. We eliminate any financial risk with our simple promise: you pay nothing unless we recover compensation for you. From the moment you hire us, we protect you from insurance companies and their unfair tactics, managing every complex negotiation so you can focus solely on your recovery. The powerful testimonials detailing what our past clients have to say are a testament to our commitment to achieving maximum results while providing compassionate, client-focused support. Choose a firm that truly fights for pedestrians.

Important Steps to Take Immediately After a Pedestrian Accident

The moments following a pedestrian accident are terrifying and chaotic. While it may be difficult to think clearly, the steps you take can have a significant impact on your health and your ability to secure the compensation you need. Following this guide can help you protect yourself in the aftermath of a collision.

1. Seek Immediate Medical Attention for Your Injuries

Your health is the number one priority. Even if you think you can walk away, you must seek an immediate medical evaluation. The adrenaline from the trauma can mask serious and potentially life-threatening injuries, such as internal bleeding or a concussion. Going to the emergency room or seeing a doctor right away ensures you receive a proper diagnosis and treatment. It also creates a crucial medical record that officially documents your injuries and links them directly to the time and date of the accident.

2. Report the Accident to the Police

Always call 911 to have law enforcement respond to the scene. An official police report is a vital piece of evidence. The responding officer will create an objective, third-party account of the incident. They will document the scene, gather information from you and the driver, speak with any witnesses, and often include a preliminary assessment of who was at fault. Never let a driver convince you to handle the situation without involving the police.

3. Document the Scene and Exchange Information

If you are physically able, use your smartphone to gather evidence. Take photos and videos of the vehicle that hit you (including the license plate), your injuries, the crosswalk or intersection, and any relevant road conditions. It is also critical to get the driver’s name, contact details, driver’s license number, and insurance information. If there were any witnesses who saw the accident, be sure to get their names and phone numbers.

4. Contact an Orange County Pedestrian Accident Lawyer

Before you speak with the driver’s insurance company or sign any documents, it is essential to consult with an experienced attorney. Insurance adjusters will try to get you to provide a recorded statement that they can use to devalue your claim or offer a quick, lowball settlement. The legal team at Kohan & Bablove Injury Attorneys can protect you from these tactics and handle all communications on your behalf, allowing you to focus on your recovery.

Understanding the High Risks Pedestrians Face in Orange County

With its beautiful weather and vibrant communities, Orange County is a wonderful place to walk. However, pedestrians are completely unprotected against the immense force of a motor vehicle. When a driver’s negligence leads to a collision, the consequences are often tragic. At Kohan & Bablove Injury Attorneys, we have seen firsthand the devastating impact these accidents have on victims and their families, and we are dedicated to fighting for their rights.

Common Causes of Pedestrian Accidents

Most pedestrian accidents are preventable and are caused by a driver’s failure to exercise the necessary caution. The most common causes we see in our cases include:

• Distracted Driving: Drivers looking at their phones, adjusting their GPS, or otherwise not paying attention to the road. 
• Failure to Yield the Right-of-Way: Drivers who fail to stop for pedestrians in marked or unmarked crosswalks, especially while making turns. 
• Speeding: Drivers going too fast in residential areas or near schools, reducing their ability to stop in time. 
• Driving Under the Influence (DUI): Impaired drivers with slowed reaction times and poor judgment. 

The Devastating and Life-Altering Nature of Pedestrian Injuries

When a car, truck, or motorcycle strikes a pedestrian, the human body absorbs the full impact. This frequently leads to catastrophic and life-altering injuries, including:

• Traumatic Brain Injuries (TBIs) 
• Spinal Cord Damage and Paralysis 
• Multiple Bone Fractures (especially to the legs, hips, and pelvis) 
• Severe Internal Organ Damage 
• Permanent Scarring and Disfigurement 

These injuries often require a lifetime of medical care, resulting in overwhelming financial and emotional burdens for the victim and their family.

Orange County Pedestrian Accident Statistics

The statistics paint a grim picture of the dangers on our local roads. According to the most recent available data from the California Office of Traffic Safety (OTS), Orange County consistently ranks as one of the most dangerous counties in the state for pedestrians. In a recent year, there were over 800 pedestrians killed or injured in traffic accidents across Orange County. These numbers are not just statistics; they represent real people whose lives were shattered by a driver’s carelessness.

Responsibility in Orange County Pedestrian Collisions

When you’ve been hit by a motor vehicle, proving that the driver of the vehicle that hit you was at fault is the foundation of a successful pedestrian accident claim. While it may seem obvious who is responsible, insurance companies often work tirelessly to shift the blame onto the pedestrian. To build a strong case, it is essential to have a clear understanding of California’s traffic laws and the legal concept of negligence.

When a Driver Is at Fault

The driver will almost always be considered at fault if they weren’t driving safely. California law is designed to protect pedestrians and is clear that drivers must yield the right-of-way to a pedestrian in any marked or unmarked crosswalk at an intersection. Furthermore, all drivers have a general duty to exercise “due care” to avoid hitting pedestrians.

Violating these laws is strong evidence of negligence. Common examples of a driver being at fault include:

• Distracted driving: When a driver’s attention is focused on something other than the road, like a cell phone, navigation system, or even changing the radio. 
• Driving under the influence of alcohol or drugs. 
• Driving while fatigued. 
• Aggressive driving, such as speeding, making improper lane changes, running stop signs, and failing to yield in a crosswalk. 

To prove the driver’s negligence caused your injuries, a thorough investigation is required to gather crucial evidence like police reports, eyewitness statements, surveillance footage, and the driver’s cell phone records.

When the Driver Is Free of Blame

In some cases, other parties may be responsible for a collision. If a part on the vehicle involved in the accident malfunctioned, such as faulty brakes, a manufacturer could be named in your claim for their negligence.

Less commonly, a governmental road authority could be the cause of your injuries if they failed to install proper street signs, fix large potholes in a timely manner, secure construction zones, or clear large debris. It is critical to know that in California, suing the government has a much shorter statute of limitations, often giving you just six months to bring a claim.

What if You Were Partially At Fault? (Comparative Negligence)

A common defense tactic is to argue that the pedestrian was partially to blame. Under California’s “pure comparative negligence” rule, you can still recover compensation even if you are found to be partially at fault, but your award will be reduced by your percentage of blame. This is why having a skilled pedestrian accident attorney in Orange County is so critical. We work to counter these unfair allegations, minimize any fault assigned to you, and hold every responsible party accountable for their actions.

The Impact of Your Pedestrian Accident Injuries

There are probably few areas of your life that haven’t been affected by the trauma of your Orange County pedestrian accident. The financial and personal costs are often staggering, and a fair settlement must account for every single loss you have suffered and will suffer in the future. Insurance companies are focused on minimizing their financial exposure and will often make quick, lowball offers that fail to cover the true, long-term impact of your injuries. We generally include the following damages in the calculation of your estimated compensation award to ensure all losses are accounted for.

Economic Damages (Medical Bills, Lost Wages, Future Care)

Economic damages are the direct and calculable financial losses you have sustained due to the accident. These damages form the financial foundation of your recovery. A thorough claim must include:

• All Past and Future Medical Expenses: This includes everything from initial copays and hospital bills to emergency surgery, prescription medicines, ongoing rehabilitative services, therapeutic services, medical equipment, and any necessary lifelong medical care or accommodations for medical equipment. 
• Loss of income and Lost future earnings: Full compensation for the income you lost while unable to work. If your injuries have permanently affected your ability to do your job or earn a living (loss of earning capacity), you can claim damages for this long-term financial loss. 
• Other Out-of-Pocket Costs: This can include expenses for things like in-home care, assistive medical devices, and home modifications to accommodate your injuries. 

Non-Economic Damages (Pain, Suffering, and Emotional Trauma)

While financial costs are significant, the most devastating impacts of a pedestrian accident are often the unseen ones. Non-economic damages are intended to compensate you for the immense physical and emotional toll the accident has taken on your life. This includes compensation for:

• Pain and suffering from your physical injuries. 
• Emotional distress, anxiety, and PTSD from the traumatic event. 
• Disfigurement and permanent scarring. 
• Loss of enjoyment of life and the ability to partake in activities you once loved. 
• Loss of consortium: Compensation for the negative impact the injury has had on your relationship with your spouse. 

Because these damages are subjective, insurance adjusters will fight aggressively to devalue them. The experienced attorneys at Kohan & Bablove Injury Attorneys know how to build a compelling narrative that effectively demonstrates the true human cost of your injuries to secure the full and fair compensation you deserve.

In cases in which we can prove gross negligence or a willful disregard for your safety, we may even be able to seek punitive damages to substantially increase your award. This is not an exhaustive list, and any loss tied to the negligence of the other party should be accounted for.

How We Investigate Your Accident to Build a Powerful Claim

A successful pedestrian accident claim is not won by chance; it is built on a foundation of irrefutable evidence. While you are focused on the critical task of healing, the at-fault driver’s insurance company has its own team of investigators working to find ways to deny your claim or shift the blame. To counter this, we launch our own immediate and comprehensive investigation designed to uncover the truth and establish clear liability.

Gathering Evidence from Police Reports, Witnesses, and the Scene

The first steps are the most critical. We begin by obtaining the official police report, which provides a valuable, objective narrative of the incident. However, this is just the starting point. Our investigators work quickly to identify and interview any eyewitnesses while their memories are still fresh. Their testimony can be crucial in confirming the driver’s negligence, such as proving they ran a red light or were looking at their phone. We also send investigators to the accident scene to photograph and document any relevant physical evidence, such as skid marks, property damage, and the layout of the intersection or crosswalk.

Uncovering Critical Surveillance and Traffic Camera Footage

In today’s world, video evidence is often the most powerful tool for proving what happened. A clear video can instantly dismantle an insurance company’s false narrative. Our team works diligently to identify any potential sources of footage. This includes canvassing nearby businesses to see if their security cameras captured the accident, as well as submitting formal requests to government agencies for any available traffic camera or “red light” camera footage. Securing this evidence quickly is essential, as many systems automatically delete footage after a short period.

Working with Accident Reconstruction Experts to Prove Liability

In complex cases, we collaborate with leading accident reconstruction experts. These highly trained specialists use the principles of physics and engineering to scientifically recreate the sequence of events. They can analyze vehicle damage, skid mark length, and other physical evidence to determine critical factors like the driver’s speed at the time of impact and whether they had an opportunity to avoid the collision. Their expert analysis and testimony can be instrumental in proving a driver’s negligence and defeating any attempts by the defense to unfairly blame the pedestrian.

Fighting Common Insurance Company Tactics to Protect Your Rights

After you have been injured, the at-fault driver’s insurance company is not your friend. Their primary objective is to protect their bottom line by paying out as little as possible. To achieve this, they employ a range of tactics designed to shift blame, devalue your injuries, and pressure you into a quick, lowball settlement. An experienced pedestrian accident attorney anticipates these strategies and acts as your dedicated shield, ensuring your rights are protected at every turn.

Rejecting Unfair Blame Placed on You by Insurers

One of the most common and unfair tactics in pedestrian accident cases is to blame the victim. The insurance adjuster may take your words out of context or twist the facts to argue that you were jaywalking, not paying attention, or were otherwise responsible for the accident. Under California’s comparative negligence rule, any percentage of fault assigned to you will reduce your final settlement. We aggressively fight back against these baseless accusations. We use the powerful evidence gathered in our investigation—from witness statements to video footage—to build a strong case that clearly establishes the driver’s full liability.

Identifying All Available Insurance Policies, Including Your Own

Maximizing your recovery often requires identifying every potential source of compensation. While the at-fault driver’s auto insurance policy is the primary source, it may not be the only one. If the driver was working at the time of the crash, their employer’s commercial policy may also apply. In cases where the driver is uninsured or their policy limits are too low to cover your catastrophic injuries, you may be able to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage, even though you were not in a car. We conduct a thorough investigation to uncover all available policies.

Negotiating for a Full and Fair Settlement

Insurance companies will rarely make a fair settlement offer voluntarily. Their initial offers are almost always a fraction of what your claim is truly worth. Our attorneys are skilled and aggressive negotiators. We begin by calculating the full, long-term value of your claim, including future medical costs and lost income. We then present a comprehensive demand package to the insurance company, backed by irrefutable evidence. We negotiate from a position of strength, always prepared to take your case to trial if the insurer refuses to be fair.

Consult with an Pedestrian Accident Attorney Orange County

Don’t worry about the financial impact of your injuries if you don’t have to. Working with an experienced attorney at Kohan & Bablove, Injury Attorneys can increase your chances of successfully determining fault for your injuries and recovering compensation for the damages you have suffered.

We will work diligently to secure the compensation you need to be able to recover without the burden of increasing expenses. You can schedule your free consultation with an pedestrian accident attorney Orange County today by filling out the form at the bottom of this page or simply giving us a call at 949.535.1341.