Visalia Pedestrian Accident Lawyer

If you’re overwhelmed with medical bills after a pedestrian accident injury in Visalia or unsure of what to do next, you’ve come to the right place. Welcome to Won And Done. We take a no-hassle approach by helping injured victims in Visalia get a lawyer, get paid, and get back to their lives.

Visalia is known across California as the Crown Jewel of the San Joaquin Valley, and we’d like to help keep it that way by getting citizens back on their feet after an injury. Get your case Won And Done by contacting us today for a free, no-obligation case review.

How Won And Done Helps Visalia Pedestrian Accident Victims

A distracted driver can cause a pedestrian accident within a matter of seconds, altering the life of an individual and their family. That’s why at Won And Done, we make it easy to get your life back by resolving your case, getting you paid, and allowing you to get on with your life.

If you’re injuries were caused by a careless driver, we’ll file a lawsuit against them on your behalf. We never pursue damages against an individual, only their insurance. Once a lawsuit is filed, we hold the driver’s personal insurance company liable for compensating you for the following damages:

• Economic damages: The financial damages you incurred due to the accident.
  • Medical bills
  • Lost Wages
  • Loss of future potential earnings
  • Loss of property
  • Cost of property repair or replacement
• Non-economic damages: These are subjective, non-compensatory damages.
  • Pain and suffering
  • Emotional distress
  • Depression
  • Anxiety
  • Loss of consortium
• Punitive damages: These are damages awarded to serve as punishment to the at-fault party.
  • Reckless behavior (DUI, street racing)
  • Actions performed out of spite

Do I Need a Lawyer for a Visalia Pedestrian Accident?

If you only suffered minor scrapes or bruises from a pedestrian accident, you may not need a lawyer, but it never hurts to contact us if you’re unsure. Our door is always open – call, text, or stop by our offices with any questions you may have. Scenarios where injured pedestrians are strongly encouraged to consult with one of our attorneys include the following:

• There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Won And Done will ensure both.
• Wrongful death: If a loved one has passed away due to the accident, you will need compensation for funeral expenses and damages related to the untimely loss.
• Fault: If you are blamed for the accident but are not at fault, the attorneys at Won And Done will protect you from liability, as well as take legal action against the at-fault parties. In certain situations, if you are found at fault to some degree, we will minimize your liability or eliminate it entirely.
• Multiple parties involved: Multiple parties make cases complex. An attorney can manage your case against multiple liable parties while protecting your best interests and right to compensation from everyone who played a part in causing your injuries.
• False police report: If a police report places blame on you, and you disagree, our attorneys will gather evidence to support your claim.

Who is Considered a Pedestrian in Visalia?

An unfortunate reality for pedestrians is that drivers can and will make careless decisions on the road, often resulting in 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. According to California law, 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

To increase pedestrian safety, California recently passed Assembly Bill 413, also known as the Intersection Daylighting Law. The new statute went into effect in January 2024 and prohibits parking within 20 feet of the approach of any marked or unmarked crosswalk, even if there are no signs or curb markings. Drivers in Visalia should also be aware that citations for AB 413 went into effect on January 1st, 2025. So, it is recommended to leave at least 20 feet between your car and a marked/unmarked crosswalk to avoid a costly fine.

Pedestrian Safety in the Visalia Community

The Community Development Services in Visallia installed pedestrian safety enhancements in Visallia’s downtown area. These improvements included the re-marking of crosswalks at locations with no stop signs or traffic signals along Main Street between Giddings Street and Santa Fe Street. These changes have added high-visibility markings and additional pedestrian warning signs for crosswalks. This project was completed to address one of the busiest areas for pedestrians and drivers alike in the downtown Visalia area.

What are the Pedestrian Right-of-Way Rules for a Crosswalk in Visalia

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 Visalia 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 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.

Legal Duty of Pedestrians at a Crosswalk in Visalia

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.

Distracted Walking: Comparative Negligence in a Visalia Pedestrian Accident

Crossing the street while not paying attention can affect your claim. The safety risks of walking while distracted can seem obvious, for example, crossing an intersection while looking down at your phone. This may seem like a forgettable detail if you’re hit by a vehicle, but it could drastically impact your claim if you decide to pursue damages.

In a pedestrian accident, an injury can be caused by carelessness from both a driver and a pedestrian. Using your cell phone while crossing an intersection can be viewed as a careless act, which could have played a part in causing your injuries. On the other hand, the driver that hit you could have been speeding and hit you because they failed to stop in time. This is where comparative negligence comes into play.

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.”

So, even if you’re found at fault for causing your injuries in a pedestrian accident, you still reserve the right to compensation. For that reason, it’s important to consult one of our attorneys at Won And Done. We protect pedestrian accident victims from liability, and in some cases, we can eliminate it entirely.

Can a Pedestrian Cross the Street Outside a Crosswalk in Visalia?

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 Laws to Keep Pedestrians Safe in Visalia

According to the National Highway Traffic Safety Administration, 1,158 pedestrians were fatally injured in a vehicle accident on California roads in 2022 alone. This staggeringly high number accounted for 26 percent of all traffic-related fatalities in the state. This statistic will hopefully serve as a reminder to drivers and pedestrians alike to remain safe and aware on the street. To regulate pedestrian safety, the State of California has instituted the following pedestrian laws:

• 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: Pedestrians can cross the street using indicators on a crossing light signal a pedestrian may proceed across the roadway, or lawfully yield the right-of-way to vehicles.
• 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.

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. At Won And Done, we establish communication with all your medical providers to calculate the medical attention you’ll need now and for the rest of your life. While there are other determining factors, the following pedestrian accident 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.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your bicycle accident case is essential to knowing the value of your lawsuit. While a highly experienced Pedestrian Accident Lawyer will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:

1. Comparative negligence: If you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law, which states:
   1. “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.”

2. Pre-existing conditions: Pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
3. Lack of strong evidence: The inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: Delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: Inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

How Won And Done Will Help You Win a Fair Settlement

While you focus on recovery after a pedestrian accident, we get to work. At Won And Done, we manage every aspect of your case and secure fair compensation through:

• Accurate damage calculation: We calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term medical and financial needs.
• Clear reports and expert witness testimony: Our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
• Minimizing liability: If you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
• Negotiating with insurers: Our experienced team of lawyers are expert negotiators and understand the tactics insurance companies will use to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
• Court Representation: Our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.

Contact Won And Done | Visalia Pedestrian Accident Lawyers

At Won And Done, we aim to help the people of Visalia. Medical treatment, lost wages, limited career options, and emotional trauma are things no injured pedestrian in the Visalia community should have to endure due to a careless driver. We’ll get you legal representation, get your case resolved, and get you paid as quickly as possible.

Fill out a free, no-obligation case review today and get your case Won and Done.