Santa Monica Pedestrian Accident Lawyer

Pedestrian Accident Lawyer Santa Monica, CA

Santa Monica is a walking city. The Third Street Promenade draws thousands of pedestrians daily. People walk to the beach, to restaurants, to work. Crosswalks line Ocean Avenue, Main Street, and Wilshire Boulevard. But walkability doesn’t protect you from distracted drivers, aggressive turning, or speeding through residential neighborhoods.

When a 4,000-pound vehicle hits a person, the pedestrian always loses. There’s no crumple zone, no airbag, no seatbelt. You absorb the full force of impact. The results can be catastrophic, traumatic brain injuries, spinal cord damage, multiple fractures, internal bleeding, permanent disability.

And then the driver’s insurance company will try to blame you. You weren’t in the crosswalk. You were wearing dark clothing. You stepped into traffic. None of these excuses change the fact that drivers have a legal duty to watch for pedestrians and yield the right of way.

We are personal injury lawyers in Santa Monica, CA who represent pedestrians hit by cars, trucks, buses, and motorcycles. We know how to investigate these crashes, prove driver negligence, and recover full compensation for catastrophic injuries.

Why Choose Cohen Injury Law Group for Santa Monica Pedestrian Accident Cases

Pedestrian cases require immediate investigation before evidence vanishes. Skid marks fade. Surveillance cameras record over footage. Witnesses move or forget critical details. We deploy investigators within hours of learning about a crash. We obtain traffic camera footage, business security videos, cell phone records showing driver distraction, and witness statements while memories are fresh. This early evidence often makes the difference between winning and losing your case.

We bring in reconstruction experts who can prove exactly what happened. Pedestrian accidents often come down to competing stories, the driver’s version versus yours. We work with accident reconstructionists who use physics, vehicle damage, injury patterns, and scene evidence to determine speed, point of impact, and sight lines. These experts can prove a driver was speeding, ran a red light, or failed to yield when they claim otherwise.

We handle the most catastrophic injury cases. Pedestrian accidents cause some of the worst injuries we see. Traumatic brain injuries requiring lifetime care. Spinal cord injuries causing paralysis. Amputations. Disfiguring facial trauma. We work with life care planners and economists who calculate the true cost of these injuries, not just current medical bills, but decades of future treatment, lost earning capacity, and the need for ongoing assistance with daily activities.

Our firm advances every cost without asking you to pay upfront. Accident reconstruction costs thousands of dollars. Medical experts charge substantial fees. Life care plans require extensive analysis. We cover all of these expenses because we believe catastrophically injured pedestrians deserve the best evidence and expert testimony, regardless of their financial situation. You owe us nothing unless we win.

Types of Pedestrian Accident Cases We Handle in Santa Monica

We represent pedestrians injured in all types of traffic crashes throughout Santa Monica, CA and the surrounding areas.

• Crosswalk accidents. Drivers who fail to yield to pedestrians in marked crosswalks violate California law. We’ve handled cases involving drivers making turns without checking for pedestrians, running red lights, and simply not seeing people crossing legally.
• Intersection crashes. Many pedestrian accidents occur at intersections even when the pedestrian has the right of way. Drivers making left turns, right turns on red, or running lights cause devastating injuries.
• Parking lot accidents. Drivers backing out of parking spaces, speeding through lots, or failing to watch for pedestrians cause frequent injuries. Shopping centers and restaurants have a duty to maintain safe parking areas.
• Sidewalk accidents. Drivers leaving driveways, pulling into gas stations, or losing control and mounting curbs strike pedestrians on sidewalks. These crashes are entirely preventable.
• Hit-and-run pedestrian accidents. Drivers who flee after hitting a pedestrian face criminal charges, but victims can still recover compensation through uninsured motorist coverage and other sources.
• Drunk driving pedestrian crashes. Impaired drivers cause a disproportionate number of pedestrian fatalities. We pursue punitive damages when drunk drivers cause catastrophic injuries.
• Bus and public transit accidents. City buses, shuttles, and other public transit vehicles that strike pedestrians involve complex governmental liability issues requiring specific procedural steps.
• Rideshare pedestrian accidents. Uber and Lyft drivers distracted by their apps cause pedestrian crashes. These cases involve navigating multiple insurance policies and corporate entities.

California Pedestrian Right of Way Laws

California law strongly protects pedestrians and gives them the right of way in numerous situations.

California Vehicle Code Section 21950 requires drivers to yield the right of way to pedestrians crossing in marked or unmarked crosswalks. An unmarked crosswalk exists at every intersection where sidewalks meet, even without painted lines. Drivers must stop and remain stopped for pedestrians until they’ve safely crossed.

Drivers turning at intersections must yield to pedestrians. California Vehicle Code Section 21950 applies whether the driver is turning left, turning right, or going straight through an intersection where pedestrians are crossing.

Even when a pedestrian crosses outside a crosswalk, drivers still have duties. California Vehicle Code Section 21954 requires pedestrians to yield to vehicles when crossing outside crosswalks, but drivers must still exercise due care and reduce speed or take other action necessary to safeguard pedestrians.

Drivers must exercise due care for pedestrian safety at all times under California Vehicle Code Section 21954. This means even if a pedestrian violated a traffic law, the driver can still be liable for failing to take reasonable precautions.

For pedestrian accidents involving government vehicles or occurring on government property, victims must file a claim under the California Tort Claims Act within six months. This deadline is strict and unforgiving.

The statute of limitations for pedestrian injury cases is two years under California Code Section 335.1. For wrongful death cases when a pedestrian is killed, family members have two years from the date of death to file a lawsuit.

What Compensation Can You Recover After Being Hit by a Car?

Pedestrian accident victims face life-changing injuries that require substantial compensation.

Your economic damages include every measurable financial loss. Emergency transport and trauma care. Surgery and hospital stays. Rehabilitation and physical therapy that may continue for years. Medical equipment, wheelchairs, walkers, prosthetics, home hospital beds. Home modifications if you need wheelchair ramps or accessible bathrooms. In-home nursing care or assistance with daily living activities.

Lost income from time you couldn’t work. But more significantly, lost earning capacity if you can’t return to your career. A 35-year-old professional who suffers a traumatic brain injury and can’t work for the next 30 years has lost millions in future earnings. Life care planners and vocational experts calculate these losses precisely.

Non-economic damages compensate you for the immeasurable losses. Severe pain from your injuries. The trauma of being hit and not knowing if you’d survive. Permanent disability that changes every aspect of your life. Disfigurement from scars, amputations, or facial injuries. Loss of enjoyment of activities you can no longer do. For catastrophically injured pedestrians, these damages often exceed economic losses.

The National Highway Traffic Safety Administration reports that 7,388 pedestrians were killed in traffic crashes in 2021, a 13% increase from 2020. Pedestrian deaths now account for 17% of all traffic fatalities. The Governors Highway Safety Association projects that pedestrian fatalities have increased 77% since 2010.

Research from the Insurance Institute for Highway Safety shows that SUVs are more likely to kill pedestrians than cars, and the rise in larger vehicles has contributed to increased pedestrian deaths. The majority of pedestrian fatalities occur in urban areas and at non-intersection locations.

When drunk drivers, reckless drivers, or drivers with prior dangerous driving records cause catastrophic pedestrian injuries, California courts may award punitive damages to punish the defendant and deter similar conduct.

Catastrophic Injuries Common in Pedestrian Accidents

Pedestrians hit by vehicles suffer injuries far more severe than those in car-on-car collisions.

Traumatic brain injuries from hitting the pavement or the vehicle’s hood. Even “mild” concussions can cause lasting cognitive issues, memory problems, personality changes, and chronic headaches. Severe TBIs cause permanent disability, coma, or death. The Brain Injury Association notes that falls and motor vehicle crashes are leading causes of TBI.

Spinal cord injuries causing partial or complete paralysis. Paraplegia affects the lower body. Quadriplegia affects all four limbs. These injuries require lifetime medical care and assistance. The National Spinal Cord Injury Statistical Center estimates lifetime costs for a 25-year-old with high tetraplegia exceed $5 million.

Multiple fractures including femur breaks, pelvic fractures, shattered bones requiring surgical reconstruction with plates, rods, and screws. Internal injuries, ruptured spleens, liver lacerations, internal bleeding requiring emergency surgery. These injuries aren’t visible but can be fatal without immediate treatment.

Amputations from severe trauma or from complications requiring surgical removal of crushed limbs. Road rash and degloving injuries where skin is torn away from underlying tissue. Facial trauma requiring reconstructive surgery. Dental injuries and jaw fractures.

Psychological trauma including PTSD from the terror of being hit, ongoing anxiety about crossing streets or being near traffic, depression from permanent disability, and the grief of losing your prior life and capabilities.

How Insurance Companies Defend Pedestrian Accident Claims

Drivers carry liability insurance that covers pedestrian accidents, but insurers defend these claims aggressively because the injuries, and potential payouts, are so severe.

They’ll blame you for the accident. You weren’t in a crosswalk. You were jaywalking. You wore dark clothing at night. You were looking at your phone. You stepped out suddenly. California’s comparative negligence law allows them to reduce your compensation by your percentage of fault, so they work overtime to shift blame.

They’ll dispute the severity of your injuries. They’ll hire doctors who review your records and claim you’re exaggerating symptoms or that your injuries resulted from pre-existing conditions. They’ll surveil you hoping to catch video of you doing something that contradicts your claimed limitations.

They’ll lowball settlement offers knowing you’re facing massive medical bills and lost income. They count on financial pressure forcing you to accept inadequate compensation.

They’ll delay. The longer they drag out your case, the more desperate you become. They know this and use it as leverage.

We counter every defense. We gather evidence proving you had the right of way or that the driver had the last clear chance to avoid hitting you regardless of what you were doing. We work with your treating physicians and independent medical experts who testify truthfully about your injuries and prognosis. We calculate the full value of your claim including future losses and refuse inadequate offers.

Steps to Take After a Pedestrian Accident in Santa Monica

1. Call 911 immediately. You need medical attention and police documentation. Even if you think you’re okay, get examined. Adrenaline masks injuries. The Santa Monica Police Department report becomes crucial evidence.
2. Don’t move unless you’re in danger. Let paramedics assess you at the scene. Moving with spinal injuries can cause permanent paralysis.
3. Get the driver’s information. If you’re able, get their name, license number, insurance information, and contact details. Get the license plate number.
4. Identify witnesses. Anyone who saw the crash can provide critical testimony. Get their contact information before they leave.
5. Document the scene if possible. Photos of the intersection, crosswalk, traffic signals, and vehicle damage help prove what happened. If you’re too injured, ask someone to photograph for you.
6. Seek immediate medical treatment. Go to the emergency room. Follow all treatment recommendations. Keep every appointment. Gaps in treatment give insurance companies ammunition to claim you weren’t really hurt.
7. Preserve evidence. Keep the clothing you were wearing. Don’t repair or discard it. Damage to clothing proves impact points and force.
8. Don’t discuss the accident on social media. Insurance companies monitor your accounts. Anything you post can be twisted against you.
9. Contact an attorney before giving any statements. Insurance adjusters will contact you quickly. They’re not on your side. Don’t give recorded statements or sign anything without legal advice.

Contact a Santa Monica Pedestrian Accident Lawyer Today

Being hit by a car changes your life instantly. The road to recovery is long, painful, and expensive. You need attorneys who understand the medical, financial, and legal complexities of catastrophic pedestrian injuries.

Call now for a free consultation. We’ll evaluate your case, explain your rights, and outline the path forward. Our team responds quickly because in pedestrian cases, early investigation determines success.

No fees unless we win. We advance all costs, experts, investigators, medical records, litigation expenses. You pay nothing out of pocket. We only get paid if we recover compensation for you.

We’ve built our practice on cases other firms consider too complex or expensive to handle properly. Catastrophically injured pedestrians deserve attorneys with the resources and determination to fight insurance companies to the end.