If you or someone you love has been injured in a pedestrian accident at TO Blvd, the experienced Pedestrian Injury Lawyers at Quirk Accident & Injury Attorneys can help. Pedestrians are the most vulnerable people on the road, especially at busy intersections like Thousand Oaks Boulevard.
Pedestrian accidents are typically severe, resulting in life-altering injuries that cause insurmountable financial damage. For that reason, contacting Quirk Accident & Injury Attorneys is essential to get the compensation you need to get your life back on track.
Call us today and schedule your free, no-obligation consultation.
How Quirk Helps Injured Pedestrians in Thousand Oaks
Thousand Oaks Boulevard, previously known as Ventura Boulevard, runs through downtown Thousand Oaks and is one of the busiest commercial areas in the city. With over 230 businesses lining Thousand Oaks Boulevard, thousands of pedestrians cross the major east-west boulevard every day to go to work or do some shopping. So, when a careless driver enters any of the boulevard’s busy intersections, risk of pedestrian injury is likely.
According to the California Office of Traffic Safety, pedestrian accidents are happening far too frequently in California, resulting in 893 fatalities in 2018 and over 14,000 serious injuries. But what these statistics don’t reveal is an even more common issue. Insurance companies will often under-compensate injured pedestrians who are too injured to work or pay for extensive medical treatment. And in even more unfortunate cases, the insurance company will deny compensation altogether.
That’s where Quirk Accident & Injury Attorneys step in. Our firm stands up for the rights of injured pedestrians in Thousand Oaks. Injuring pedestrians is already an inexcusable action, but denying them compensation is reprehensible, which is why we fight for pedestrians’ right to be fully compensated for the following damages:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Lost career growth such as raises and promotions
- Property damage
- Lost future earning capacity
- Pain and suffering
How to Know if You Have a Case After a Pedestrian Accident at TO Blvd
Pedestrians injured at an intersection at TO Blvd. will often wonder if they have a legitimate personal injury case. If you suffered any type of injury due to another person’s careless or intentional actions, then you have a personal injury case. Knowing you have a personal injury case is one thing, but ensuring you have experienced representation is where Quirk Accident & Injury Attorneys can help.
Our firm will identify ways to strengthen your case and ensure you receive a desirable outcome. Here are some signs you have a strong personal injury case after a pedestrian accident:
- The defendant admitted fault. Admission is a powerful tool our firm uses to bolster the facts of your case. Through interrogatories and depositions, we form the right questions to get to the truth of the matter, especially if the defendant is at fault.
- The incident was caught on camera. Dash cams, traffic cams, and eyewitnesses may have caught your pedestrian accident. Undeniable evidence such as footage of the incident can make your request for fair compensation undeniable. Our firm will help you obtain the necessary evidence to strengthen your case and make your statements irrefutable.
- You’ve suffered severe injuries. Unfortunately, serious and verifiable injuries are a part of a strong personal injury case. If you do not have a record or evidence of serious injury, then you won’t have much ground to stand on when making a demand for compensation. Our firm will connect you with trusted doctors, surgeons, and orthopedists to document the extent of your injuries.
- Defendant has a history of carelessness. If the driver that injured you in your pedestrian accident has a bad driving record, this can strengthen your case. It is not uncommon for defense attorneys or the insurance to attempt to place blame onto you for your injuries. But if the defendant has a history of poor driving, then it will be difficult to argue that you were at fault.
- You’ve taken the right steps. After a serious injury, it is expected to seek medical treatment and to continue treating your injury. A lapse in treatment may seem like you’re not that injured, or it has not seriously impacted your life. The attorneys at Quirk will help you manage your treatment and make sure you are taking all the correct steps to reach a successful settlement.
Pedestrian Right-of-Way Law at a California Crosswalk
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 his or her 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 pedestrians are allowed 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.
Other laws designed to keep pedestrians safe 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.
What is Considered a Crosswalk in California?
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.”
Who is Considered a Pedestrian in California?
Right-of-way laws in combination with common courtesy, as well as common sense, are used to help promote traffic safety in California. 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 California, 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
Is Jaywalking Illegal in California?
Jaywalking in California is illegal. However, it is not a legally defined offense within California’s written statutes. But as of 2023, police are no longer permitted to stop pedestrians and issue citations for jaywalking unless the person jaywalking is creating a hazard, according to Pacific Coast Business Times.
Jaywalking is mostly a common term used to describe ways pedestrians cross the street that may be against the law. Jaywalking is often considered:
- Crossing the street when there is no crosswalk
- Crossing the street outside of a crosswalk
- Crossing the street where there isn’t an intersection
- Ignoring traffic signs instructing pedestrians not to cross
- Ignoring street lights that say “Don’t Walk”
So, while jaywalking is not a legally defined term, it can be seen as a careless act that could potentially hurt your case if you’re involved in a pedestrian accident.
Liability in a Pedestrian Accident
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For instance, if you’re crossing the street while looking down at your phone, or doing something else besides watching the road, you can be found partially liable if you’re struck by a vehicle. Maybe you weren’t looking at your phone, but the driver says you were. What do you do?
For these reasons, it is important to have an experienced Personal Injury Lawyer to help you navigate these legal complexities. In this case, the stronger the evidence, the stronger your claim will be. And a strong claim usually leads to a fair settlement. Strong evidence in a pedestrian accident claim includes:
- The police report, as well as any additional documentation related to the accident
- Photos and videos of the scene. This could include
- Eyewitness statements
- Dash cams
- Traffic cams
- Security cams
- Eyewitness testimony
- A medical report of your injuries from a doctor
- Income statements, which show your lost wages
- Related medical bills
Contact a Pedestrian Accident Lawyer in Thousand Oaks
If you or a loved one has been injured in a pedestrian accident in Thousand Oaks, Quirk Accident & Injury Attorneys can help you get the compensation you need. We understand the enormous medical costs associated with pedestrian accidents and will aggressively pursue a settlement to match the full extent of your damages, even if you were at fault for your injuries.
If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf. Don’t wait until it’s too late to take legal action. Contact Quirk Accident & Injury Attorneys today for a free, confidential consultation.