Fresno Pedestrian Accident Lawyer

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Robert May

Founding Partner

Fresno Pedestrian Accident Attorney

 
  • 25 + Years of Experience

    When you hire us, you’re adding unmatched experience to your team, ensuring you get the best possible outcome.

  • 99% Win Rate

    Our firm maintains an impressive 99% win rate, even while accepting difficult cases other law firms have turned away.

  • No Upfront Fees

    We are not afraid of trial, and insurance companies know this. If it’s in your best interest, we are always trial ready.

Fresno is known for its beauty, walking trails, and a climate that is perfect for year-round outdoor activities. For these reasons, it is no surprise that Fresno’s streets are filled with thousands of pedestrians every day.

Yet, even though walking is a great stress reliever and an environmentally friendly way to get around, it is not without its share of dangers and risks; especially in Fresno, where 64 percent of fatal crashes involve a pedestrian.

If you have been injured in a pedestrian accident, we know you are going through a lot. We know you are not only dealing with debilitating injuries and skyrocketing medical expenses, but you most likely have numerous questions that need answering. That is why our Fresno pedestrian accident lawyers at The May Firm are ready to fight for you, and provide you the legal support you need.

The May Firm: Who We Are

The National Top 40 Founded by attorney Robert May, the May Firm’s legal staff and attorneys that extra mile to fight on your behalf, going after the compensation you and your family need after a Fresno pedestrian injury accident.

Not only do we ensure that each client gets the respect and the personal attention they need, but with our experience, dedication, and resources, we also get our clients results.

We have obtained millions in settlement awards and jury verdicts for our clients. Of course, past results are no guarantee of future outcomes, as every case is unique; nonetheless, The May Firm is proud of our track record of success, and apply the same talent and attention to every case we pursue.

Community Involvement

At The May Firm we strive to be involved and connected to our local community. For example, this past holiday season we organized bicycle and Christmas tree giveaways for individuals in our community. Our goal is to be a positive force for good in the local community and give back in some small measure to those we can serve. We receive satisfaction and joy from serving our clients and will continue to look for ways to be of assistance to the community as a whole. We receive positive energy from the community when we are involved.

We have listed a few of the local organizations we support and look forward to growing our outreach in the future. If you have any suggestions for ways we can be of service or support, please reach out to us.

  • Memorial Golf Classic
  • Rodeo
  • Hope
  • Logo
  • CASA

Where Compassion Meets Experience

We take pride in working hard for each of our valued clients and will help you recover from your injuries and losses, including lost wages, mental anguish, future earning potential, disability or continued health care needs and lost or damaged property.

Our Fresno injury lawyers stay well-informed and up-to-date on all applicable legal changes, so you can be confident that you will always receive relevant, current legal advice.

If you have suffered a personal injury or are a victim of an accident that is not your at fault for, contact our award winning Fresno attorneys 24/7 to schedule your free case consultation. You can also call our Fresno office at 1-(559)-385-2090. Let us be your personal injury and accident advocate.

“My number one goal is to help others. When you step foot into our firm, you’ll be treated like family, period.”
Robert May, Attorney | Founder

Fresno Pedestrian Injury Statistics

According to the CDC’s data, approximately 5,977 pedestrian deaths took place in one recent year in the United States. That is about one death every 88 minutes. In addition, 137,000 pedestrians were treated in the emergency room for nonfatal injuries due to their accident.

Unfortunately, data from the California Department of Public Health indicates that California does not fare any better in these pedestrian accidents, and Fresno is no exception. In fact, pedestrian accidents and fatalities continue to increase.

Statistics show that:

  • About 21 percent of all traffic crash fatalities in California involved pedestrians.
  • In 2018 there were 893 pedestrians killed in California, a 26 percent increase from 2014.
  • In 2018, there were more than 14,000 pedestrians injured.
  • Almost 7,500 pedestrians have died in California between 2009 and 2018.
  • California’s pedestrian fatality rate is about 25 percent higher than the national average.
  • In the Fresno area, cars hit a high of 151 pedestrians in one recent year, a high of 32 who were younger than 15, and a high of 15 elderly pedestrians.

Who is Considered a Pedestrian in Fresno?

In California, to be classified as a pedestrian, you need to be:

  • Walking
  • Riding a motorized assistive mobility device because you can’t walk
  • Riding an instrument (other than a bicycle) that is propelled by your own efforts

Individuals who use the following devices to move around are still considered to be pedestrians under the law:

  • Skateboards
  • Wheelchairs or motorized wheelchairs
  • Crutches
  • Skis
  • Rollerblades or roller skates
  • Scooters as long as they are not an E-scooter or an electric scooter

However, if an individual is riding one of the following devices to get around, they are no longer considered a pedestrian:

  • Bicycle
  • An E-bike
  • A motorized bike
  • An E-scooters
  • A hoverboard

Pedestrian Right-of-Way Laws: What You Need to Know

In Fresno, there are pedestrian right-of-way laws. However, for them to be effective, people still need to follow them. For example, the California Vehicle Code indicates that a motorist needs to yield to a pedestrian crossing the roadway within any marked or unmarked crosswalk at an intersection. However, this does not mean that pedestrians always have the right away. Pedestrians are not allowed to walk into the street without a crosswalk. They also must yield to vehicle traffic on the road that is not within a marked or unmarked intersection crosswalk.

These pedestrian right-of-way rules also indicate:

  • Motorists may not drive on a sidewalk unless necessary to cross the street.
  • Motorists must yield to a blind individual using a cane to signal they would like to enter a crosswalk.
  • Motorists must stop at least five feet from a crosswalk so that pedestrians can cross safely.
  • Motorists need to slow down and be ready to stop anytime they approach an intersection.

Proving Liability in a Fresno Pedestrian Accident

There are numerous ways that a pedestrian can get injured in a pedestrian accident, whether it is due to a motor vehicle, a scooter, a bicycle, or even because of another pedestrian. However, just like any other accident, if a pedestrian is injured, they need to prove that another individual was liable for their injuries to recover for the harm they endured.

These elements include:

  • The responsible party owed the pedestrian a duty of care
  • The responsible party breached this duty of care because of their negligence
  • The responsible party’s negligence caused the pedestrian’s injury
  • The pedestrian’s injury resulted in damages

Every person on the road owes a duty to be not only aware of everyone around them, but also to be careful and safe as they travel down these streets. If you have been involved in a pedestrian accident because of someone’s negligence, you need to contact an experienced pedestrian accident lawyer in Fresno as soon as possible. These lawyers can quickly get to work investigating the scene and gathering the necessary evidence to show the other party was at fault for your injuries.

Types of Fresno Driver Negligence

If a motorist is determined responsible for a pedestrian accident in Fresno, it is often due to negligence.

Negligence can include:

  • Not stopping at a stop sign
  • Not stopping at a red light
  • Speeding
  • Distracted driving, such as texting and driving
  • Driving under the influence of alcohol or drugs

Discussing your case with an experienced Fresno pedestrian accident lawyer can help you determine the cause of your accident and go after all those liable for your injuries.

Fresno Trip and Fall Pedestrian Accidents in Fresno

Typically, pedestrian accidents result from motor vehicle crashes or other types of transportation issues. However, sometimes these accidents occur because a pedestrian simply trips and falls.

For instance, if you were walking on a sidewalk and you tripped because of a hazardous condition or because the sidewalk was broken. under California’s premises liability laws, you may pursue compensation for your injuries.

However, before you can collect these damages, you need to prove the following:

  • The property owner was in control of their property
  • The property owner negligently maintained their property
  • You were harmed because of the owner’s negligence
  • Your injuries resulted in damages

Consequently, if you trip and fall on private property and you can show that the property owner is responsible for the harm you endured, you may pursue the property owner for your damages. In comparison, if you fell on a city or county sidewalk or even in a public parking lot, you may bring a claim against the governmental agency responsible for maintaining this area and keeping it safe.

However, pursuing a legal suit against a governmental agency is significantly more complicated. That is why you need to speak to a skilled pedestrian accident lawyer in Fresno as quickly as possible. Once retained, these attorneys can determine who was at fault for your accident and what you need to do to bring a claim against them.

Common Fresno Pedestrian Accident Injuries

It is important to remember that pedestrian injuries can vary depending on the seriousness of the accident. Some of these accidents can result in minor injuries, while others can result in catastrophic and debilitating harm.

However, typically the most common types of pedestrian accident injuries include:

  • Head injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Neck injuries
  • Fractures
  • Broken bones
  • Severe lacerations
  • Amputations
  • Soft tissue injuries
  • Emotional trauma

What to Do Following a Fresno Pedestrian Accident?

Following an accident, the crash scene is often quite chaotic, and everyone is feeling overwhelmed and unsure of what they need to do next. However, it is crucial to understand that the actions you take following a pedestrian accident can not only help keep you safe, but they can end up protecting your legal rights as well. That is why if you are ever involved in a pedestrian accident, you need to:

Call the Police

The first thing you need to do after your pedestrian accident is contact 911. These police officers can quickly provide you with any emergency medical help you need, especially if you feel unsteady or dizzy following your accident. In addition, these officers can investigate the accident and write down their findings in their police report. This report can help preserve your legal rights if you end up needing to file a claim or a lawsuit.

Document Your Injuries

As soon as you contact 911, you need to take a personal inventory of your injuries. This includes figuring out what area of your body is in pain and whether there are any visible injuries. Make sure to take a look at your clothes and see if any of them are torn or if there is any blood on anything. This can help you determine if a part of your body is injured even if you do not feel the accompanying pain because you are in shock.

Seek Medical Help

Even if you think your injuries are minor, you still need to get checked out by a medical professional. Just because you do not have any symptoms right after your accident, it does not mean that they will not appear later or that they are not serious. In fact, if you suffer a head or brain injury, it can often take a few days for symptoms to appear. That is why even if you do not require emergency medical services, you still need to visit a doctor and get evaluated. Plus, these medical professionals can also document your physical condition in their medical report, which can provide you with valuable evidence if you decide to pursue a legal claim.

Collect Evidence

If it is safe for you to do so, make sure you take pictures or videos of the accident scene. Get photographs of your visible injuries, the vehicles involved in the collision, skid marks on the road, any dangerous conditions, the weather at the time of the accident, and any other evidence that can help you show what happened.

Gather Information

If you are not seriously hurt, try to gather information from the people in the accident. This can include the driver’s name, contact information, insurance information, and driver’s license number. Additionally, if any people were present at the scene and saw what happened, make sure to get their name and contact information. These witness statements can provide you with valuable evidence when trying to prove liability.

Do Not Admit Fault to Anyone

Following a pedestrian accident, you need to make sure you do not admit fault or apologize for any part of the accident. These types of statements can end up hurting your claim and reducing the amount of compensation you can receive.

Contact an Experienced Fresno Pedestrian Accident Lawyer

Following a pedestrian accident, you may suffer significant injuries. These injuries can not only lead to intense emotional and physical pain, but they can also result in numerous medical bills that can impact your financial stability and your future. That is why following a Fresno pedestrian accident, you need to contact an experienced pedestrian accident attorney. These personal injury lawyers can quickly begin gathering critical evidence you need to prove fault and fighting for damages you deserve.

Fresno Pedestrian Accident FAQs

Nobody expects to be hit by a car while crossing the road or walking down a sidewalk in Fresno. However, accidents like this happen regularly, and victims are often left trying to pick up the pieces and figure out what they are supposed to do next.

While every case is different, and each accident has unique facts and circumstances, many common issues arise time and time again following a pedestrian accident. That is why we have prepared the following frequently asked questions many of our clients have proposed following their pedestrian accident. With these answers, we hope to provide you the information you need and show you how our firm can get you the legal assistance you require.

If you or a loved one were hurt in a Fresno pedestrian accident, do not wait any longer. Contact The May Firm or call us at (559) 385-2090 today and let our Fresno attorneys pursue the damages and justice you deserve.

As each case is unique, the amount of financial compensation you can recover depends on the facts of your case. However, in general, the following damages are typically awarded in a pedestrian accident:

Economic damages: These damages involve verifiable losses that a victim suffers as a result of their accident.

They include:

  • Past, current, and future medical expenses including emergency medical services, surgery, prescription medications, hospital stay, and doctor visits
  • Past, current, and future lost wages because you can’t work following a pedestrian accident
  • Lost earning capacity
  • Rehabilitative costs including physical therapy and vocational therapy
  • At-home care
  • Household services
  • Personal property damages
  • Any other out-of-pocket expenses

Non-economic damages: These damages include losses that are rather subjective and are not easily quantifiable.

They include:

  • Pain and suffering
  • Emotional anguish
  • Loss of companionship
  • Loss of consortium
  • Loss of enjoyment of life
  • Loss of reputation
  • Loss of a limb
  • Disfigurement
  • Scarring

Punitive damages: Unlike compensatory damages, which are designed to compensate the victims for their losses, punitive damages were created to punish the liable party for their egregious actions and to deter them from committing the act again in the future. While uncommon, punitive damages may be awarded in certain pedestrian accident cases.

Even though you were not in a designated crosswalk at the time of your pedestrian accident, you still may have a case, as motorists have a duty of care to watch out for pedestrians even outside the crosswalk. Additionally, there may have been other factors at play that contributed to the accident, such as the motorist driving while distracted or intoxicated. Working with an experienced pedestrian accident lawyer in Fresno can help you determine what caused the crash and who was responsible for your accident.

Technically, if you are harmed in a pedestrian accident involving a vehicle and suffer medical injuries, the liable party’s car insurance should pay for your medical bills. Unfortunately, it can take a significant amount of time to resolve these insurance claims and get the money you need to pay for your medical expenses.

If you do not have any insurance that can pay for your medical treatments, a medical lien may cover you. This lien is between your attorney and your doctor provides you the medical treatment you need upfront. However, once your case settles or your attorney secures a judgment for damages, you must pay your medical provider.

When you work with an experienced Fresno pedestrian accident lawyer, they can go over all of these options with you and help you obtain the medical services you require.

Unfortunately, several factors can impact how long your case will take to settle. These factors include the circumstances of your case, the extent of your injuries, and how willing the insurance company is to work with you during settlement negotiations. In some cases, it is best not to start the negotiation process until you have completed all of your medical treatments. That way, you can have a full understanding of what your future medical costs will look like.

If the other side is willing to negotiate and come to a fair settlement, this process can take a few months. However, if the defense or the insurance company is unwilling to negotiate and the case heads to trial, some cases may take up to a year or more to resolve.

When you work with The May Firm, not only can we ensure that we present the most robust case on your behalf and make sure we pursue the maximum compensation, but if we cannot settle your case fairly, we can prepare your claim for trial and ensure you are ready for every step of the process.

If you are injured in a pedestrian accident in Fresno, you have two years from the accident date to file a claim. If you miss this deadline and do not file your lawsuit within this allotted time, then you may be barred from recovering compensation for your injuries. However, one critical aspect to remember with the statute of limitations is that there are numerous exceptions to this rule that can either extend or shorten the length of time you have to file.

For instance, if your pedestrian accident involves any governmental agency, you need to file it within six months of the incident. Discussing your case with a knowledgeable pedestrian accident attorney can help you not only figure out if you have a viable claim but determine how much time you actually have to file your case.

It is best not to wait too long to file a claim. The longer you wait to file, the higher the likelihood that evidence gets lost or disappears, witnesses can no longer testify, or memories of the accident fade.

Following your pedestrian accident, the best way to determine if your case has merit is to contact a Fresno pedestrian accident law firm and talk to an experienced pedestrian accident lawyer. At The May Firm, not only do we offer you a free consultation to go over your case, but you can also start this process online, making it easy for you to get the legal help that you need.

There are many ways a pedestrian accident can occur.

However, some of the more common types of pedestrian accidents include:

  • Motor vehicles not yielding to pedestrians
  • Dogs that are off leashes
  • Bikes that are not paying attention to the pedestrians walking
  • Motor vehicles driving on the sidewalk
  • Electric scooter crashes
  • Dangerous conditions that result in trips and falls
  • Other pedestrians not paying attention
  • Runners or joggers on the sidewalk
  • Skateboarders taking up the sidewalk
  • Trucks with large mirrors that extend over the sidewalk
  • Passengers opening their car doors
  • Crowded streets

Speaking with an experienced pedestrian accident attorney can help you figure out the cause of your accident and who was at fault for your injuries. When you figure out who was liable, you can pursue the compensation you need.

In California, motorists owe a greater duty of care to pedestrians than pedestrians owe motor vehicle drivers. This is mainly because drivers are more capable of inflicting serious bodily injury to a pedestrian. However, even though motor vehicle drivers must remain vigilant while on the road, pedestrians are still required to exercise ordinary care while walking.

This is one of the most common questions that our firm receives following a pedestrian accident. However, we cannot provide you with an exact answer. Truthfully, no attorney can tell you precisely the amount of compensation you can receive after an accident. Why? Because many factors can affect the total amount of your damages.

Some of these factors include:

  • The severity of your injury
  • The total amount of your medical bills
  • The amount of insurance available
  • Whether future medical care is necessary
  • Whether the injury is permanent
  • Whether full recovery is possible
  • How long the recovery will take
  • Whether you have lost wages
  • Was there a loss of earning capacity
  • Whether there were any pre-existing injuries
  • Whether the injury impacted your everyday activities
  • The reliability of the witnesses and the evidence presented
  • The liable party’s degree of negligence

If you were involved in a pedestrian accident, the insurance company may be calling. Yet, even though you may believe that the insurance company will want to help you, especially if the accident was not your fault, you should not be too quick to trust them. The insurance company is a business that wants to make a profit. When they have to pay out claims for your injuries, they lose out on making money.

Consequently, the insurance company will try to do everything they can to reduce the amount of your compensation or try to deny your claim altogether. That is why if the insurance company is calling, it is in your best interest to only provide the insurance company with basic information about the accident and let them know that any further communications will be through your attorney. Once you have an experienced pedestrian attorney handling these discussions, they can ensure your case is treated fairly, and with the respect it deserves.

Victims of a pedestrian accident often believe that their accident is an “open and shut” case. After all, motorists need to watch out for pedestrians. However, this is not always the case. Following an accident, not only are insurance adjusters trying to deny your claim, but these types of cases also require extensive evidence to help prove liability and damages. Consequently, pedestrian accidents are often complicated, tedious, and extremely detail-oriented.

 

However, you do not have to go through this challenging ordeal alone.

 

Our attorneys at The May Firm are ready to provide you the legal assistance you need.

  • We can discuss your case, go over any questions you may have, and provide you with the legal options you can take.
  • We can investigate the accident scene, interview relevant witnesses, and gather critical evidence that can help show what happened and who was responsible for your accident.
  • We can bring in the experts such as accident reconstructionists, engineers, economists, and doctors to prove fault and damages.
  • We can handle the negotiations and discussions with the other side, ensuring we pursue a fair settlement amount on your behalf.
  • We can take your case to trial and fight for maximum compensation.
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