Bakersfield Pedestrian Accident Lawyer

Were You Seriously Injured in a Pedestrian Accident in Bakersfield?

Pedestrian safety in Bakersfield leaves a lot to be desired. If you are someone who enjoys walking, jogging, or running, you have to be on constant alert for speeding or distracted drivers. This is an uncomfortable truth for many residents in Kern County.

If you were hit by a car as a pedestrian in Bakersfield and suffered injuries as a result of someone else’s negligence, you deserve justice. Our Bakersfield personal injury lawyer, Daniel Kim, can help you recover compensation from the at-fault party. Contact our law firm to schedule a free consultation with our experienced legal team.

No Win. No Fee. Guaranteed.

Being injured in a Bakersfield pedestrian accident can leave physical and mental scars. Our pedestrian accident lawyers understand the pain and hardship you may be facing. We work on a strict contingency fee, which means we do not charge upfront legal fees.

If we obtain a successful outcome for your case, we take a small percentage of your settlement. If we do not win your case, you pay nothing. That is a promise we make to all of our clients. Schedule a free case evaluation so we can get started with your case.

Why Hire Daniel Kim as Your Bakersfield Pedestrian Accident Lawyer?

If you suffer injuries as a pedestrian in Bakersfield, you need a lawyer who has the experience and the success rate to fight for your rights. The Law Offices of Daniel Kim has successfully recovered over $300 million in settlements for victims of pedestrian accidents in California. We know how to deal with the insurance companies to get you the fair compensation you deserve.

Our personal injury law firm will connect you with the best medical providers in Kern County. Whether you need a doctor, a chiropractor, a physical therapist, or any other medical professional, we will make sure you get the care you need.

We have a 99% success rate and have received over 40 awards and honors, including the prestigious Martindale-Hubbell Platinum Client Champion Award. We are confident that we can obtain the best possible outcome for your pedestrian accident case.

What Should I Do if I’ve Been Hit By a Car as a Pedestrian?

After a pedestrian accident, it is normal to feel a sense of shock. Shock can mask injuries and lead you to believe that you are not seriously injured. If you are physically able to do so, take these important steps to protect yourself and your legal rights.

1. Get immediate medical treatment. If you or anyone else involved in the accident is seriously injured, call 911 and request an ambulance. Your health and safety are the most important things to consider after an accident.
2. Contact the police if it’s a serious accident. If the accident resulted in significant injuries, damages, or fatalities, you are required by California law to call 911. The police will investigate the scene and write a report that documents the facts and circumstances of the accident. This report can be useful for your insurance claim and legal case later on.
3. Get the driver’s info and insurance information. Exchange information with the driver who hit you. This includes their name, address, phone number, driver’s license number, license plate number, and insurance company and policy number. You should also note the make, model, and color of their vehicle.
4. Collect evidence at the scene. Gather as much evidence as you can at the accident scene, including photos of your injuries, the location of the accident, traffic signs and signals, weather and road conditions, and any other relevant factors. You should also write down everything you remember about the accident, such as the time, date, direction, speed, and actions of the driver and yourself.
5. Talk to eyewitnesses. If there were any witnesses who saw the accident, you should try to get their contact information and statements. Eyewitnesses can provide valuable information and support your version of events. You should ask them what they saw, heard, and noticed before, during, and after the accident.
6. Contact a pedestrian accident attorney in Bakersfield. One of the most important steps you can take after a pedestrian accident is to consult with qualified Bakersfield pedestrian accident lawyers who specialize in pedestrian accidents. A lawyer can help you protect your rights, deal with the insurance companies, and seek compensation you deserve for your losses.

How Can Pedestrian Accident Lawyers Help Me With My Case?

In pedestrian accident cases, liability may extend to both parties. The insurance company may not be willing to negotiate. All of this can add immense stress for a pedestrian accident victim. Hiring Bakersfield pedestrian accident attorneys can give you peace of mind so you can focus on your recovery.

Since most personal injury lawyers work on a contingency fee, you can have a conversation with them before signing anything. Speaking to a lawyer can give you the clarity you need to pursue a Bakersfield pedestrian accident claim. Hiring a lawyer can save you time, money, and stress.

You do not want to negotiate with the insurance company alone. Insurance adjusters are trained negotiators who have an incentive to close your claim for as little as possible. With Bakersfield pedestrian accident lawyers on your side, you will be protected from their deceitful tactics. If they are unwilling to offer a fair settlement, a lawyer can file a lawsuit in court to help you recover the maximum compensation.

What Damages Can I Recover After a Pedestrian Accident?

If you are an injured pedestrian, you may be wondering how much compensation you can expect to receive from the at-fault driver. The value of your case will depend on several factors, including the severity of the injuries, the liable party, and the available insurance coverage.

An experienced Bakersfield pedestrian accident attorney can calculate a fair compensation amount and prevent you from accepting a lowball offer from the insurance adjuster. These are some of the following types of compensation in a pedestrian accident claim:

• Current and future medical expenses: Hospital bills, emergency room visit, medication, and other related medical treatment can be a part of your compensation.
• Lost wages: If you missed time from work because of your injury, you may be able to recover your lost income.
• Loss of future earning capacity: If you are unable to return to work due to a disability or permanent injury, you may seek compensation for the loss of future income that you would have earned if you were not injured.
• Pain and suffering: This non-economic damage compensates for the emotional and physical pain from an injury.
• Permanent physical injuries: If your accident results in catastrophic injuries or a disability, your claim can include compensation for physical therapy or other ongoing treatment.
• Emotional trauma: Victims of pedestrian accidents may suffer from psychological trauma, anxiety, or depression after an accident. Injuries like PTSD can be a part of a pedestrian accident claim.
• Personal property damage: You can be compensated for your damaged personal property, like a cell phone.
• Wrongful death: The family members of a deceased victim may sue the at-fault party to recover their damages, such as funeral and burial expenses.

What Are the Main Causes of Pedestrian Accidents?

According to the most recent statistics from the California Office of Traffic Safety (OTS), there were a total of 1,958 traffic accident injuries and fatalities in Bakersfield in 2020. Of those, 112 pedestrians were either injured or killed.

Overall, there has been a steep rise in pedestrian deaths in the U.S., reaching an all-time high of over 7,500 in 2022. Vehicle speed and size, alcohol use, the time of day, and lack of pedestrian crosswalks all have contributed to the increase in fatalities.

These are some of the most common causes of Bakersfield pedestrian accidents:

Distracted Driving 

Distractions for both motorists and pedestrians can lead to dangerous and deadly pedestrian accidents. Talking, texting, eating, and drinking are just some common distractions that can lead to a traffic accident. Distracted drivers may hit a pedestrian crossing the crosswalk, and distracted pedestrians may unintentionally step out in a busy road if they are texting.

Impaired Driving

Drunk driving claimed the lives of more than 13,000 in 2021 alone. Many of these fatalities involve a pedestrian or a cyclist who are harder to spot than a motor vehicle. Alcohol use impairs a driver’s judgment and reaction time, and makes them more prone to exaggerated behavior and speeding. Walking while drunk is also a major risk factor and is punishable by law if the intoxication prevents a pedestrian from exercising their duty of care.

Speeding and Reckless Driving

Speeding is one of the top factors leading to pedestrian deaths in California. The faster the vehicle, the more devastating the injuries will be. Drivers who speed in school zones, commercial areas, or in parking lots may cause irreversible harm to a pedestrian, especially a child pedestrian.

Failure to Yield the Right-of-Way

Under California law, pedestrians have the right-of-way at all marked and unmarked crosswalks. Therefore, drivers are required to yield to pedestrians who have the green “Walk” sign. If a driver is speeding, intoxicated, or distracting, they may hit a pedestrian who is lawfully crossing the street or even just walking on the sidewalk.

Lack of Sidewalks

A lack of pedestrian infrastructure in Bakersfield leaves many pedestrians with no choice but to walk on the road alongside fast-moving vehicles. Narrow or non-existent sidewalks force pedestrians to share the space with cars, trucks, buses, and motorcycles, increasing the risk of collisions and severe injuries.

Jaywalking 

While jaywalking was decriminalized in California, it is still a major concern for pedestrian safety, especially on arterial roads and other high-traffic areas. Pedestrians must use their own judgment when deciding whether or not to cross outside of a crosswalk. If they cross into oncoming vehicle traffic, they may be hit and seriously injured or killed.

Poor Visibility 

Nighttime is the most dangerous time for pedestrians, with 77% of fatal accidents occurring at night, according to the Governors Highway Safety Association (GHSA). This is due to the fact that visibility is significantly lower in the dark or in bad weather conditions. Pedestrians are encouraged to take the proper precautions if they plan on walking or running after dark. Wearing bright or reflective clothing and crossing at a crosswalk can help reduce the risk of an accident.

Can a Pedestrian Be At Fault?

Both drivers and pedestrians have a responsibility to keep themselves safe on the road. If one violates their duty of care to the other, they could be considered responsible and at fault for any resulting injury.

That being said, pedestrians may be found at fault if their careless or negligent actions directly caused the accident. For example, a pedestrian who is walking while intoxicated may step out into oncoming traffic or cross outside of a crosswalk and put themselves in immediate danger.  In these cases, liability can be shared by both the pedestrian and the motorist.

California follows a “pure comparative negligence” law for pedestrian accident cases. This means that all parties involved can hold responsibility relative to the damages they are owed according to their degree of fault. For example, if a pedestrian was 40% at fault for the accident and the other party was 60% at fault, he or she can recover 60% of the damages.

What Are the Most Common Pedestrian Accident Injuries?

Pedestrians are the most vulnerable road users. Given this fact, injuries sustained in pedestrian accidents tend to be much more severe than a regular car accident.

The severity of injuries from a pedestrian accident depend on many factors, such as the speed and size of the vehicle that hit you. An accident involving a SUV or large truck will generally result in more serious injuries.

Here are some of the most common injuries that pedestrians suffer from accidents:

• Head trauma: A head injury is an injury to the scalp, skull, brain, as well as tissue and blood vessels in the head. Skull fractures are some of the most common types of head injuries suffered in pedestrian accidents.
• Traumatic brain injuries: A traumatic brain injury (TBI) ranges from a mild concussion to a severe brain injury resulting in permanent brain damage or death.
• Broken bones: The severity of a fracture, or broken bone, depends on the force that caused the break. Either the bone may crack or break completely or shatter. Pedestrians may suffer from a broken leg, ribs, or arm depending on where they were hit.
• Internal injuries: A pedestrian may suffer from internal bleeding or other internal injuries if the impact from the crash is severe. This injury is a silent killer, as it sometimes does not appear immediately, but is delayed by hours or days.
• Lacerations: Cuts and lacerations may not appear to be serious, but can end up causing infection, pain, or visible scars if not treated promptly.
• Spinal cord injuries: The spinal cord may become damaged if a pedestrian accident is hit from the back or falls on their back forcefully. With the many nerves leading from the spinal cord to the brain, spinal cord injuries could result in partial or total paralysis.
• Amputation: When the force of an impact is strong enough, an injury may lead to amputation, or the loss or removal of a body part. Uncontrolled pain and infection can occur as a result from the amputated limb.
• Wrongful death: Tragically, thousands of pedestrians are killed every year in collisions with motor vehicles. If this happens, the surviving family members of the deceased pedestrian may file a wrongful death claim against the negligent driver.

Bakersfield Pedestrian Accident Statistics

According to Smart Growth America, Bakersfield ranks as the seventh most dangerous city for pedestrians in the U.S. Data from their study reveals Bakersfield witnesses around 60 fatalities and 2,000 car accident injuries every year.

The same study found that older adults, people of color, and people walking in low-income communities are at a higher risk of suffering from pedestrian injuries and fatalities.

Dangerous Roads and Intersections

According to local Bakersfield accident statistics, the following streets and intersections are the most dangerous for pedestrians and bicyclists:

• California Ave. at Baker St.
• Union Ave. at California Ave.
• 4th St. at Union Ave.
• Columbus St. at Mount Vernon Ave.
• Golden State Avenue at F St.
• H St. at Brundage Ln.
• H St. at Planz Rd.
• Hageman Rd. at Riverlakes Dr.
• Ming Ave. at Akers Rd.
• Oak St. at California Ave.
• Stockdale Hwy. at Village Ln.
• Union Ave. at 17th St.
• Union Ave. at 18th St.

Frequently Asked Questions

• What is a pedestrian accident?

A pedestrian accident is an accident involving a pedestrian (anyone traveling on foot, on roller skates or skateboard, or by wheelchair) and a motor vehicle or bicycle. They are among the most devastating accidents in terms of injuries and fatalities. If you were hit by a car as a pedestrian, you may be able to recover damages, including medical treatment and lost wages, in a California pedestrian accident claim.

• How long does it take to settle a pedestrian accident?

Every pedestrian accident is different. Therefore, it is difficult to pinpoint the exact time it takes to settle a Bakersfield pedestrian accident case. On average, Bakersfield pedestrian accident claims can take a few months or years, depending on the severity of the injury and the other party’s negligence. Working with an experienced pedestrian accident lawyer can help your case settle more quickly and efficiently.

• How long do I have to file a claim after a pedestrian accident?

In California, there is a statute of limitations for all personal injury claims. Victims of pedestrian accidents generally have two (2) years from the date of their accident to file a claim. If the victim is a minor, then they will have two years from the day they turn 18.

If the injury was not discovered right away, victims can still pursue a claim starting from the day they found out about the injury. It is always best to start the claims process as soon as possible to preserve your right to seek compensation.

• Can I still file a claim if the driver who hit me fled the scene?

Yes, you can still file a personal injury claim after a hit-and-run accident. The police will ask you about the motor vehicle driver who hit you, the make and model of their vehicle, and other information. They will also conduct an investigation in the surrounding area to try to locate the driver.

If the driver is not located, a Bakersfield pedestrian accident attorney can help you find other sources of liability or file a claim with your own auto insurance policy using your uninsured/underinsured motorist coverage (UM/UIM).

• Should I speak to the driver’s insurance company after a pedestrian accident?

Insurance companies are trained at avoiding liability and offering lowball settlements. This is why it is best not to speak with the driver’s insurance company without consulting a lawyer first. Anything you say can be held against you or used to deny or reduce your claim. Let your lawyer handle communications with the insurance company.

Contact Our Bakersfield Pedestrian Accident Attorneys

There are real consequences to Bakersfield pedestrian accidents. Victims of pedestrian accidents may feel helpless, hurt, and confused. They may also face medical bills, lost wages, pain and suffering, and other damages. That is why they need strong and compassionate legal representation to fight for their rights.

At The Law Offices Daniel Kim, we understand the challenges and hardships that Bakersfield pedestrian accident victims face. Our team has the experience, knowledge, and resources to handle all aspects of your case, from the investigation to the negotiation to the litigation. We will work tirelessly to secure the maximum compensation that you deserve for your injuries and losses.

If you or a loved one sustained injuries in a pedestrian accident in Bakersfield, do not hesitate to contact us today. We offer a free consultation and a no-win, no-fee guarantee. You do not have to pay us anything unless we win your case. Call us at (661) 846-8116 or fill out our contact form to get started. We are available 24/7 to assist you.

Other Practice Areas We Specialize In

Directions to Our Office in Bakersfield

Our office is located near the Bakersfield Police Department and Kern County Superior Court.

Car Accident Lawyer Daniel Kim – Bakersfield, CA
Address: 930 Truxtun Ave., Suite 210, Bakersfield, CA 93301
Phone: (661) 846-8116