If you or someone you love has been injured in a pedestrian accident in Thousand Oaks, Quirk Accident & Injury Attorneys can help you get the compensation you need. Whether your injury was due to distracted driving, poor road engineering, or hazardous conditions at a crosswalk, you shouldn’t have to deal with economic stress or physical pain on your own. Contact us today and schedule your free, no-obligation consultation to see what legal options are available.
How a Lawyer Can Help Pedestrian Accident Victims in Thousand Oaks
Accidents involving pedestrians and vehicles can often lead to complex legal challenges for injured victims in Thousand Oaks. Believe it or not, pedestrian accidents happen more often than you think. In October of 2023, a pedestrian walking in the bike lane was struck by a vehicle heading eastbound on Kimber Drive, according to VC Star. The Ventura County Sheriff’s Office said the accident was due to a driver’s inattention to the road.
Oftentimes, in cases like this, liability can come into question for the injured pedestrian. Blame can be placed on the victim by the insurance company, potentially reducing or eliminating the compensation they are owed. At Quirk Accident & Injury Attorneys, we protect injured pedestrians from liability and ensure they obtain maximum compensation for the following damages:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Property damage
- Lost earning capacity
- Pain and suffering
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For these reasons, it is important to have an experienced Personal Injury Lawyer to help you navigate these legal complexities.
Who is Considered a Pedestrian in Thousand Oaks?
Right-of-way laws in combination with common courtesy, are used to help promote traffic safety in Thousand Oaks. Unfortunately, drivers can and will make careless decisions on the road, often causing an accident with other people walking, biking, or driving. Many times, these preventable collisions are due to drivers ignoring signs, signals, or markings where pedestrians may be crossing.
In Thousand Oaks, a pedestrian is considered anyone who is:
- Walking
- Riding a motorized assistive mobility device
- Riding something that is propelled by their own efforts, other than a bicycle
People using the following devices for transportation are also considered pedestrians:
- Skateboards
- Scooters
- Rollerskates
- Rollerblades
- Skis
- Wheelchairs
- Crutches
The following transportation devices are NOT considered pedestrians:
- E-scooters
- Hoverboards
- Motorized bikes
- Bicycles
- E-bikes
What are the Right-of-Way Rules for a Crosswalk in Thousand Oaks
The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:
- All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
- A driver must stop before the line, not in the middle of the crosswalk.
- A driver must stop if a pedestrian is in their half of the lane or approaching quickly enough to be in the direct path of the vehicle.
- Drivers are not permitted to pass stopped vehicles while they’re allowing pedestrians to cross at a crosswalk.
However, a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations. Crosswalks in Thousand Oaks where pedestrians are at most risk include:
- Pedestrian Accidents on Thousand Oaks Blvd.
- Pedestrian Accidents on Lynn Rd.
- Pedestrian Accident in the Rancho Conejo Biotech Area
Notable Pedestrian Laws for Thousand Oaks’ Pedestrians
If you attempt to cross the street without a crosswalk or outside of an intersection, you can still cross the street according to California Vehicle Code 21954 (a). This statute states:
“Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”
Other notable pedestrian laws include:
- CVC 21966: Pedestrians should not walk along a bike path or lane if sidewalks or other designated pedestrian paths are available.
- CVC 21955: Pedestrians are required to use designated crosswalks.
- CVC 21970: prohibits drivers from blocking marked or unmarked crosswalks or sidewalks.
- CVC 21456: mentions when pedestrians can cross the street using indicators on a crossing light.
- CVC 21952: requires drivers to yield to the right-of-way to pedestrians who are on the sidewalk before they drive over or onto it.
When is a Pedestrian Liable for an Accident?
Pedestrian can be found at fault for an accident when they fail to comply with state-specified crosswalks or pedestrian law, which is covered in California Vehicle Code 21954. However, the law goes on to state that this statute does not relieve the driver of a vehicle from the duty to exercise due care for the safety of pedestrians on the roadway. So, even if a pedestrian is liable, it does not eliminate a driver’s liability, or the pedestrians right to compensation.
In addition, CVC 21954(c) states that law enforcement is not permitted to stop pedestrians from crossing unmarked crosswalks unless there is “an immediate danger of collision.” Pedestrians can be found at fault for causing a car accident in specific situations. The situations include:
- Crossing while violating a traffic law, like crossing at a red light when a “Do Not Walk” signal is flashing
- Walking onto a bridge or interstate when pedestrian traffic is prohibited
- Playing in the street while under the influence of alcohol
Do I Need a Lawyer for a Hit-and-Run Pedestrian Accident in Thousand Oaks?
If you’ve been injured in a hit-and-run accident in Thousand Oaks, it is recommended to discuss your legal options with a Pedestrian Accident Lawyer. Depending on the circumstances, it may be beneficial to take legal action immediately. The majority of pedestrian and vehicle collisions are often accompanied by major injuries, requiring extensive treatment and missed time at work. An attorney can help you by:
- Connecting you to trusted doctors for continued treatment
- Filing a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Assigning liability to all additional parties responsible
- Communicating with insurance adjusters on your behalf
- Building your case by gathering concrete evidence to confirm your claim
- Representing you in court if your case goes to trial
What the Law Says About Hit-and-Run Accidents
According to California Vehicle Code 20002, individuals are prohibited from leaving the scene of an accident without identifying themselves to others involved when someone else’s property was damaged. This law applies to pedestrians as well as other modes of transport and is considered a misdemeanor. However, if any person is injured or killed in the hit-and-run accident, then the penalty is upgraded to a felony hit-and-run. A person is guilty of a hit-and-run if:
- They leave an accident scene
- Fail to identify themselves to others involved
- Damage occurred to someone else’s property, or someone was injured or killed
What to Do After a Hit-and-Run Accident in Thousand Oaks
Any accident that involves a driver failing to stop after hitting someone with their vehicle is considered a hit-and-run collision. When most people think about hit-and-runs, they tend to think it’s an accident between two cars, but a hit-and-run can happen to pedestrians, skateboarders, bikers, and other modes of non-vehicle transportation. The next steps to take after a pedestrian hit-and-run accident are as follows:
- Report the crime to the Thousand Oaks Police: a hit-and-run driver can face serious penalties for fleeing the scene of an accident. The sooner the collision is reported, the better chance a police officer will track the offender down, improving the odds of getting compensation for your injuries.
- Get medical attention: even if you don’t feel enough pain to see a doctor, it is recommended to get checked out anyway. Deep tissue injuries and ligament strains can take days to turn into painful injuries. Any delay in seeking medical attention can be harmful to your case if you decide to take legal action.
- Speak with a Pedestrian Accident Lawyer: the best way for injured pedestrians in Thousand Oaks to get compensation for a hit-and-run accident is to partner with an attorney. These accidents require evidence, witness testimony, and legal protection from liability to reach a successful conclusion.
Average Settlement for Pedestrian Accidents Based on Injury
The severity of your injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
Contact a Thousand Oaks Pedestrian Accident Lawyer
If you or a loved one has been involved in a pedestrian accident in Thousand Oaks, the experienced lawyers at Quirk Accident and Injury Attorneys can provide you with skilled legal support to get you the compensation you need. Our firm protects pedestrians in Thousand Oaks and will aggressively take legal action against the party responsible for your injuries to reach a successful settlement. Contact Quirk Accident & Injury Attorneys today for a no-cost, no-obligation consultation. Our firm operates on a contingency basis, so you will not have to pay a cent unless we win your case.