When a driver isn’t paying attention—even for a few seconds—it can change a life forever.
In California, where walking is common in both urban and residential areas, pedestrian accident claims often stem from incidents involving distracted driving. Whether the driver was texting, taking phone calls, or adjusting navigation, these distractions can lead to devastating outcomes.
Understanding how driver distraction impacts liability and compensation is essential for accident victims. This article, part of an ongoing series exploring distracted driving across California, focuses on how these cases affect pedestrians seeking justice
If you’ve suffered physical injuries, emotional trauma, or financial losses due to a negligent driver, continue reading.
Distracted Driving: A Growing Risk for California Pedestrians
Across California, pedestrian accidents are rising, many caused by distracted drivers. According to the California Office of Traffic Safety, nearly 900 pedestrians were killed in a single year, with thousands more suffering severe injuries.
Common distractions include texting, scrolling social media, or adjusting a playlist—all of which take a driver’s attention away from the road. These distractions are hazardous for pedestrians without protection against a motor vehicle collision.
Young and novice drivers are especially susceptible to distractions. Their lack of experience and tendency to engage with smartphones behind the wheel put others at serious risk. When a pedestrian is hit, the aftermath often includes mounting medical costs, missed work, and long-term effects on their quality of life.
How Distracted Driving Affects Your Claim and Compensation
Proving distracted driving can significantly impact the outcome of a pedestrian accident claim. If a pedestrian can show that the driver was distracted, negligence is established, which is a key factor in determining liability.
California follows a comparative fault system, meaning the pedestrian and the driver can share responsibility for an accident. If the driver is distracted, that factor can increase the percentage of fault. The more fault assigned to the driver, the greater the compensation the pedestrian may receive.
Financial compensation can cover:
- Medical expenses (emergency care, rehabilitation, ongoing treatment)
- Pain and suffering, including emotional distress
- Lost wages and reduced earning capacity
- Permanent disability or disfigurement
The injured party’s ability to receive fair compensation depends heavily on the strength of evidence and how fault is established. This is why having the best pedestrian accident lawyer in Visalia residents’ trust can make all the difference.
Key Evidence to Strengthen Your Legal Claim
To strengthen pedestrian accident claims, it’s critical to gather specific forms of evidence that prove the driver was distracted, such as:
- Cell phone records showing phone calls or texts at the time of the accident
- Surveillance or dashcam footage
- Eyewitness statements
- Police report citing driver distraction
- Photos from the accident scene
This evidence helps connect the behavior of the distracted driver directly to the incident. It also gives your legal team what they need to negotiate with the insurance company or present a compelling case in court.
Remember: An insurance adjuster may try to reduce your payout or shift blame. That’s why presenting clear evidence of distraction can prevent your pedestrian accident claims from being undervalued.
The Danger of Quick Settlements
Following a serious accident, it’s common for an insurance company to offer a quick settlement. While it might seem like immediate relief, this offer often falls far short of covering long-term medical expenses, lost income, and future treatment.
Injury victims should be cautious. Once you accept a settlement, you typically waive your right to pursue further compensation. This is why consulting with an experienced attorney is vital before making any decisions.
Know Your Time Limits
In California, most victims of pedestrian accidents have two years from the accident date to file a personal injury claim. Waiting too long may result in losing your legal rights altogether. Preserving evidence early and acting quickly gives your case the best possible outcome.
Injured by a Distracted Driver? We’re On Your Side
If you’ve been injured in a pedestrian accident caused by a distracted driver, don’t go through it alone. At Farahi Law Firm, we are committed to helping accident victims navigate the legal system and recover the maximum compensation they deserve.
We hold all parties accountable, handle complex negotiations with the insurance company, and ensure you are not pressured into an unfair settlement. Our team offers free consultations and works on a contingency fee basis, meaning you don’t pay unless we win. Trust the best pedestrian accident lawyer in Visalia has to offer.
Contact Farahi Law Firm today to schedule your free case review. Let us help you hold the responsible driver accountable and reclaim your future.
