If you’ve been involved in a pedestrian accident on the PCH and Broadway or elsewhere in Laguna, you should know that you don’t have to go through the difficult claim-filing process alone. Hiring a Laguna pedestrian accident attorney can make navigating pedestrian injury claims in downtown Laguna much easier.
Why Accidents Are Common on the Pacific Coast Highway (PCH)
California’s PCH is an iconic route stretching along the California coastline. It features stunning vistas of coastal cliffs, beaches, and the ocean, but it also has a darker side. The PCH is one of the most dangerous roads in the Golden State. Factors that contribute to making the scenic highway so dangerous include:
- Curvas sin visibilidad
- Narrow lanes
- Speeding and street racing
- Distracted driving, particularly among tourists
- Mala iluminación
- Missing guardrails
All of these issues contribute to a higher-than-normal accident risk, not just for pedestrians, but for all users of the PCH.
Dangers Associated With Being a Pedestrian in Laguna
En 2023, había 892 pedestrian accidents in Orange County. A total of 13 of them occurred in Laguna Beach, seven in Laguna Hillsy another seven in Laguna Niguel. Those account for only the fatal accidents, not the many more pedestrian-involved crashes that lead to serious injuries, hospitalizations, and temporary or permanent disability.
Pedestrians are at great risk of suffering severe injuries in crashes with motor vehicles because, unlike vehicle occupants, they have nothing to protect them against impacts. They can protect themselves by using designated paths and crossing at signals, but pedestrians can’t reduce their accident risk on the PCH to zero. They can, however, file claims post-accident to get compensated for any injuries they have suffered.
The Claim-Filing Process
The first step toward getting compensated for your injuries and other damages is to reach out to an attorney for help with your pedestrian injury claim. Your attorney should understand pedestrian accident laws and how to leverage them to get results in your case.
They can collect evidence, interview witnesses, and construct a coherent narrative of what happened that supports your claim, using all that evidence to negotiate a fair settlement with the liable driver’s insurance company.
If you’re unable to negotiate a fair settlement, your attorney may need to take your claim to civil court. Personal injury claims, including pedestrian accident claims, are filed at the Orange County Superior Court. While taking a pedestrian accident case to trial can extend the timeline for getting you compensated and increase your legal fees, it’s sometimes the only way to get you a fair settlement.
What to Expect at Court
Once you’ve decided to take your case to court, it should follow a predictable path through to a final judgment. Here’s what you’ll have to do:
- Presentar la reclamación. Your attorney can help you file your claim at the Central Justice Center. You’ll need to include forms such as a complaint, summons, and civil case cover sheet and pay the filing fees.
- Serve the defendant. You have to serve the complaint and summons on the defendant within 60 days of filing your initial claim. Use a process server, sheriff, or registered mail to do so, then provide proof of service to the court. The defendant has 30 days to respond.
- Discovery. The discovery process includes depositions, interrogatories, and document requests. Your attorney can file motions and attempt to settle the dispute during this time.
- Trial and resolution. If you are still unable to obtain a fair settlement agreement, a trial date is set, and a judge or jury decides on your case.
To avoid delays, work with an attorney who can file paperwork correctly and on time and represent you in court. You should also keep in mind that the statute of limitations for personal injuries in California es dos años, which limits the amount of time you have to file a claim against the liable party. Get the claim filing process started as soon as possible by contacting a Laguna pedestrian accident attorney.
Preguntas frecuentes
Q: Am I Always at Fault if I Hit a Pedestrian?
A: You are not always at fault if you hit a pedestrian. Who is liable for the accident depends on the circumstances surrounding the crash. While drivers have an obligation to exercise care while behind the wheel and follow traffic laws, pedestrians are also subject to rules and regulations when using roadways. The easiest way to determine liability is to consult with an attorney.
Q: How Do I Look Up an Accident Report in California?
A: You can look up an accident report in California by requesting it through the law enforcement agency that responded to the scene. If a California Highway Patrol officer responded, you can request the report online through the CHP Online Crash Portal, in person at your local CHP Area Office, or by mail. To request a report from local city police or a county sheriff, contact the office directly.
Q: What Happens if a Driver Going 40 Mph Hits a Pedestrian?
A: If a driver going 40 mph hits a pedestrian, there is a good chance that the pedestrian could be severely injured or even killed. At that speed, issues like traumatic brain injuries, internal organ damage, and severe broken bones can occur, requiring immediate emergency medical intervention. The driver may be liable for any damages and may even face criminal charges.
Q: What Is the Most Common Cause of Pedestrian Accidents?
A: The most common cause of pedestrian accidents is driver negligence. Distracted driving, speeding, and failure to yield the right-of-way at intersections are all near the top of the list. Additional contributing factors can include impaired driving, poor visibility, and the presence of unsafe road infrastructure. Sometimes, pedestrians themselves contribute to their crash risk, as well.
Hire a Pedestrian Accident Lawyer Today
If you’ve been hit on the PCH, Broadway, or elsewhere in downtown Laguna, you need to hire a pedestrian accident lawyer to take on your case right away.
El equipo de aquí en Easton & Easton can help. We routinely handle complex personal injury cases, including pedestrian accidents with severe injuries and other substantial damages. You can trust our family-owned firm to treat your case with the seriousness it deserves and help you recover full compensation. Póngase en contacto con nosotros para programar una consulta inicial hoy mismo.
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