If you or someone you love has been injured in a pedestrian accident in the Rancho Conejo Biotech Area, Quirk Accident & Injury Attorneys can help. If your injury has caused you to need medical treatment or miss time at work, we can make sure you receive a settlement to secure you and your family’s financial future.
Contact us today and schedule your free, no-obligation consultation.
How Quirk Accident & Injury Attorneys Can Help
Pedestrian accidents are some of the most devastating collisions in the Rancho Conejo Biotech area. This is mostly due to the increased foot traffic in Conejo Valley, which is quickly becoming known as “Biotech Valley” due to its upstart entrepreneurship in biotechnology and technology.
A lot of these accidents almost always result in serious or fatal injuries, resulting in life-altering damage that ripples throughout the community. Injured pedestrians are often offered a low settlement by the insurance company, leaving them with a lifetime of financial and physical hardship they never should have been forced to endure.
At Quirk Accident & Injury Attorneys, we know how to secure financial recovery for current and future damages. We don’t settle for less, only for what is fair. At Quirk, we help pedestrian accident victims receive 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
Proving Carelessness in a Pedestrian Accident in Rancho Conejo Biotech Area
Whenever there’s a pedestrian accident, carelessness is usually the root cause. If a person’s careless actions caused your injuries, then they can be held responsible for damages. However, you will have to prove they acted in a way that led to you being hurt.
For example, let’s say you’re crossing Teller Rd. and a vehicle comes speeding around the corner, going twice the speed limit. They try to stop in time but end up hitting you, causing you to suffer serious injuries. In this case, you will need to prove four key elements to file a successful personal injury claim against the driver:
- Duty of care owed: the driver (the defendant) owed you (the plaintiff) a duty of care, or a legal obligation to act in a manner that a reasonable and prudent person would.
- Duty of care breached: the defendant failed to fulfill their duty of care due to a careless action. Using the example above, the driver breached their duty of care when they decided to drive faster than twice the posted speed limit.
- Causation for the accident: the defendant’s breach of duty was the proximate (main) cause of the pedestrian accident.
- Damages suffered: the pedestrian suffered compensable losses as a result of the collision, such as physical injuries, missed time at work, and emotional trauma.
These situations can sometimes be difficult to prove. That’s where Quirk Accident & Injury Attorneys can help. We have the resources to help injured pedestrians obtain essential evidence to prove their cases. Typical evidence for a pedestrian accident includes:
- Police reports
- Eyewitness statements
- Photographs
- Dash cam and street cam video footage
- Medical records
- Expert testimony
Pedestrian Safety in the Rancho Conejo Biotech Area
The Rancho Conejo Biotech Area is getting a facelift to help keep pedestrians safe while walking along Rancho Conejo Boulevard and Lawerence Drive. These streets are quickly developing a lot of foot traffic due to the busy industrial and biotech zones but contain segments without sidewalks and crosswalks.
The city plans to provide pedestrians with necessary sidewalks as well as marked crosswalks with striping and rectangular flashing beacons. While it is legal for pedestrians to cross the street at unmarked crosswalks, it is becoming increasingly dangerous in the Rancho Conejo Biotech area as the tech district becomes more populated year after year.
What is Considered a Crosswalk?
According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute goes on to say:
“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”
Do Pedestrians Have the Right-of-Way Outside of Crosswalks?
Pedestrian’s right-of-way outside of crosswalks is covered by California Vehicle Code 21954. This statute says all pedestrians on roadways at any point other than within marked crosswalks or unmarked crosswalks must yield the right-of-way to all vehicles.
According to California Vehicle Code 275, crosswalks exist when boundary lines of sidewalks connect at intersections. The statute further defines crosswalks as:
“That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.”
So, if a pedestrian is hit outside of a crosswalk, they can be partially at fault for their injuries, depending on the situation. However, in the state of California, even if you were at fault for your injuries, you are still entitled to compensation through Comparative Negligence.
Comparative Negligence in a California Pedestrian Accident
In California, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
In most cases, drivers are the at-fault party in pedestrian accidents, however, there can be exceptions. Contrary to popular belief, pedestrians do not always have the right-of-way.
Legal Duty of Pedestrians
According to California Vehicle Code 21950 (b), pedestrians owe a legal duty to motorists to exercise due care for themselves and other pedestrians around them. CVC 21950 (b) states:
“This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
So, while there are laws to protect pedestrians in crosswalks, pedestrians must exercise caution and avoid stepping out into a crosswalk when it is unsafe. Being aware of traffic also includes traffic control devices. Pedestrians must yield to motorists who have a green light. They must also not step into a crosswalk when the “Don’t Walk” signal is displayed. Not only is it against the law for a pedestrian to cross an intersection with a “Don’t Walk” signal, but this action can also make them liable for any collisions that may occur as a direct result.
Contact Quirk Accident & Injury Attorneys
If you or a loved one has been involved in a pedestrian accident in the Rancho Conejo Biotech area, 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 advocates on behalf of pedestrians’ rights to fair compensation 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.