Thousand Oaks
Pedestrian Accident Lawyer
Drivers turning at intersections rarely look for people walking. Our Thousand Oaks pedestrian accident lawyers hold reckless drivers accountable for your injury.
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Every day 21 pedestrians are killed in motor vehicle crashes. If you’ve been injured in a pedestrian accident in Thousand Oaks, California, you need the assistance of a skilled pedestrian accident lawyer to protect your rights and pursue fair compensation. It is crucial to seek immediate medical attention after a pedestrian accident, even for seemingly minor injuries. Pedestrian accidents can result in serious injuries and complex legal battles, but with the right legal representation, you can navigate the legal process effectively. Call Bojat Law Group today at (818) 877-4878 and let us help navigate you through the complexities of your legal challenges with expert guidance and personalized support.
What is a Pedestrian Accident?
Pedestrian accidents occur when a pedestrian is struck by a vehicle, often resulting in severe injuries such as traumatic brain injuries, broken bones, and head injuries. Common causes of pedestrian accidents include distracted driving, impaired driving, speeding, and failure to yield to pedestrians in marked or unmarked crosswalks. It is crucial to understand the importance of marked or unmarked crosswalks in pedestrian accident cases, as California Vehicle Code 21950(a) requires drivers to yield the right of way to a pedestrian crossing within any marked or unmarked crosswalk at an intersection.
Thousand Oaks Pedestrian Accidents Statistics
According to TIMS statistics regarding pedestrian accidents from 2012-2022 in Thousand Oaks, we can conclude:
- The number of pedestrian accidents fluctuates somewhat from year to year but generally hovers around the low to mid-20s.
- 2012, 2014, and 2017 appear to be the peak years for pedestrian accidents, with 27, 31, and 28 accidents, respectively.
- The lowest number of pedestrian accidents occurred in 2020, with 17 accidents reported.
- Despite some fluctuations, there hasn’t been a clear increasing or decreasing trend in pedestrian accidents over the years. The numbers seem relatively stable.
In Thousand Oaks, pedestrian accidents are a concerning reality, often resulting in severe personal injuries. When pedestrians are involved in car accidents, the consequences can be devastating. Seeking assistance from a dedicated car accident lawyer Thousand Oaks is essential to navigate the legal complexities surrounding pedestrian accident claims.
California Pedestrian Laws
California pedestrian laws are built around one basic idea: both drivers and pedestrians have duties, and fault is often decided by who ignored those duties in the moments leading up to the impact.
Right of way in crosswalks
Drivers must yield to a pedestrian who is crossing within a marked crosswalk, or within an unmarked crosswalk at an intersection, and drivers still have a separate duty to use due care around pedestrians.
Traffic signals and walk signs
When a walk signal is showing, pedestrians are generally allowed to cross in that direction. When a do not walk signal is showing, pedestrians generally should not start crossing. These signal rules often become the center of liability disputes in pedestrian crash claims.
Crossing outside a crosswalk
If you cross mid block or outside a crosswalk, California law requires you to yield the right of way to vehicles. That does not give drivers a free pass, because drivers must still use due care, but it can affect how fault is shared.
The jaywalking update in California
As of January 1, 2023, California’s Freedom to Walk Act changed jaywalking enforcement so police generally cannot stop or ticket someone just for crossing outside a crosswalk when the crossing is done safely. An officer is only allowed to stop a pedestrian for this conduct when a reasonably careful person would recognize an immediate danger of a collision. The law also makes clear pedestrians still have a duty to use due care for their own safety.
Passing a car stopped for a pedestrian
If a vehicle is stopped at a crosswalk to let a pedestrian pass, drivers are generally not allowed to drive around and pass that stopped vehicle at the crosswalk. This comes up often in multi lane roadway crashes.
Walking along the roadway
Outside business or residential areas, pedestrians generally should walk along the left edge of the roadway, with limited exceptions when a safer option is not available.
Common Causes of Pedestrian Accidents
Some of the most common ways pedestrian accidents happen include:
A driver does not actually look for pedestrians before moving through an intersection or crosswalk
A driver is distracted, checking a phone, changing music, eating, or messing with navigation
A driver is exhausted and reacts late, which is common with delivery drivers, rideshare drivers, buses, and trucks
Speeding, or driving too fast for the street, lighting, traffic, or weather
Rolling stop signs, or sliding through a right turn on red without stopping and checking first
Large trucks turning wide and cutting the corner into the crosswalk area
Driving after drinking, using drugs, or taking medication that slows reaction time
Road problems like poor design, missing repairs, uneven pavement, or broken signals in crossing areas
Bad lighting at night that makes it harder to see someone until it is too late
Signs that are missing, confusing, or placed in a way people do not notice
Crosswalk markings that are worn down, blocked by parked cars, or hard to spot from a distance
Pedestrians are exposed, and it only takes one careless driver to change everything. Even when you have the right of way, it is smart to stay alert, make eye contact when you can, and assume the driver might not stop until you see them slow down.
Most Common Pedestrian Accident Injuries
Injuries sustained from pedestrian accidents can vary greatly depending on the specifics of the accident, but these are considered the most common injuries sustained in a pedestrian accident:
- Soft Tissue Injuries
- Fractures
- Head Injuries
- Spinal Cord Injuries
- Internal Organ Injuries
- Lacerations and Abrasions
- Emotional Distress
Victims of such accidents often suffer not only from physical injuries but also from financial losses, including lost wages and property damage. It’s crucial for injured pedestrians to seek experienced counsel to navigate the complexities of pedestrian accident claims. Our Thousand Oaks personal injury lawyer can help gather evidence, negotiate with insurance companies, and pursue fair compensation for medical expenses, lost wages, and property damage.
When is a Pedestrian At Fault for a Car Accident?
Is it possible that a pedestrian caused the accident? In certain instances, the law considers a pedestrian to be at fault if they are involved in these:
Jaywalking
Crossing the road from anywhere else but a designated crosswalk, or crossing on a traffic signal that says STOP for pedestrians can lead to accidents and make you liable.
Jumps Into Traffic
A pedestrian walking onto the road right in front of a driver without enough time to allow the driver to react can cause an accident, and it could be that the pedestrian is responsible for it.
Walking While Intoxicated
If an intoxicated pedestrian causes the accident, it may be that their state of mind led to any impairments in judgment on their part.
Failing to Yield Right-of-Way
In certain circumstances, including crossing at a time other than in the crosswalk or perpendicular to the direction of travel shown by that control device requiring pedestrians to yield the right-of-way.
Intentional Actions
If a pedestrian is walking in front of a car or behaving recklessly to cause an accident, then they can be considered at fault.
It’s important to note that fault in accidents involving pedestrians and vehicles can be complex and may depend on various factors, including traffic laws, road conditions, and the actions of both the pedestrian and the driver. Consulting with a legal expert experienced in pedestrian accident cases can help determine liability and protect the rights of those involved.
Frequently Asked Questions
How long does a pedestrian accident injury lawsuit take?
In many California courts, once a lawsuit is filed, the first trial date is often set roughly 12 to 18 months out. That date usually gives you a realistic sense of the overall timeline, but it can move if the case needs more time, especially when your medical treatment is still ongoing or your doctors cannot give a final prognosis yet.
Also, a trial date does not mean your case will actually go to trial. Pedestrian injury claims often resolve earlier, after both sides exchange evidence and the defense sees what the case is worth.
Between filing and trial, your case typically goes through discovery (paperwork, records, written questions), depositions (sworn testimony), expert evaluation (medical opinions and accident analysis), and settlement negotiations or mediation. If the insurance company still will not offer a fair amount, your lawyer prepares the case for trial and presents it in court.
Can I still make a claim if I am partially at fault for the pedestrian accident?
Yes. California applies comparative fault, which means you can still recover compensation even if you were mostly to blame for what happened, even as high as 99 percent. The difference is practical: whatever you recover is reduced by your share of fault. So if you are found 30 percent responsible, your total compensation is typically reduced by 30 percent.
How long do I have to file a pedestrian accident claim after my accident?
In most California pedestrian injury cases, you have two years from the date of the accident to file a lawsuit in court. If you miss that deadline, the court can bar the case entirely.
There is a major exception when a city, county, or other public agency may be responsible (for example, a dangerous roadway condition). In those cases, you typically must file a government claim within six months of the incident before you can pursue a lawsuit.
Some situations can change the timeline, including cases involving minors (the general two year clock may be paused until age 18, but government claim deadlines can still apply) and certain “delayed discovery” scenarios.
Get the Compensation You Deserve with Bojat Law Group
Simply put, Bojat Law Group is built around one priority: protecting the person who got hurt. We approach every pedestrian accident case with three standards in mind: respect for the client, relentless preparation, and real accountability. When you hire our firm, your claim is not handed off and forgotten. Your case is handled by an attorney led team with organized support behind it, so evidence is gathered early, deadlines are watched closely, and the insurance company is met with a clear, documented case from the start.
Pedestrian injury claims can get complicated fast. Drivers deny fault. Insurers try to shift blame onto the pedestrian. Medical care is ongoing and the long term impact is not always obvious in the first few weeks. Our job is to build the case the right way: secure the police report, collect witness information, pull medical records, review video when it exists, and work with the right professionals when expert input is needed. We prepare every case with the mindset that it may need to be tried, because serious preparation is what forces serious settlement offers.
Just as important, we keep you in the loop. You will know what is happening in your case, what comes next, and why a decision matters before it is made. If you were hit as a pedestrian in Thousand Oaks or the surrounding area, call Bojat Law Group at (818) 877-4878 for a free consultation. There is no upfront cost, and if there is no recovery, you owe no attorney’s fee.
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“Sasha was absolutely amazing!! Very attentive, very communicative, and would always handle each interaction with white gloves. He worked with the very best to make sure I was taken care of and recovered accordingly. At the end of the day, he exceeded my expectations by a large margin. Thank you, Sasha!!”
Andrew Schmidt
“Bojat Law Group is a group that actually cares about its clients. They helped me with a case I would have lost if I had gone to anyone else. They provided a life changing experience and I will never go to a different law group in regards to personal injury.
They transparent this law group is one of a kind and I couldn’t be more grateful to have found them.”
Dylan Short
“Sasha was wonderful handling my case. Explained everything in detail where we could understand the process. My case was handled smoothly and efficiently. His eased all our worries when it came to getting compensation for my case. Very accommodating! Would recommend him to anyone.”
Bethany Braun
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Westlake Village, California 91367
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