Clovis Pedestrian Accident Attorney

Law Firm Seeking Justice for Pedestrian Accident Cases in Clovis

Pedestrians in California have protections under state law, but drivers may ignore the law. You have rights, whether crossing a marked intersection or simply walking through a parking lot. When a driver violates those rights, they can be held responsible for your injuries.

According to California Vehicle Code § 21950, drivers must yield the right-of-way to pedestrians crossing the roadway within any marked or unmarked crosswalk at an intersection. The law also requires drivers to reduce speed and exercise due care for the safety of pedestrians. In contrast, pedestrians are prohibited from suddenly stepping off the curb and walking into the path of an oncoming vehicle that is too close to stop safely.

California Law and Pedestrian Rights

California Vehicle Code § 21954 further outlines the pedestrians’ responsibilities when crossing outside a crosswalk. In these cases, pedestrians must yield the right-of-way to vehicles. Still, this does not excuse reckless or inattentive driving. Even when crossing mid-block or outside a designated crosswalk, pedestrians may still have a valid claim if the driver failed to use reasonable care.

Understanding these right-of-way laws is crucial for establishing liability in pedestrian accident cases and safeguarding your legal rights after a collision.

Where and How Pedestrian Accidents Happen in Clovis

While pedestrian accidents can occur anywhere, specific environments and behaviors contribute disproportionately to serious injuries in Clovis. The city’s mix of suburban neighborhoods, retail centers, school zones, and multi-lane roads creates unique pedestrian hazards.

Several key factors contribute to pedestrian accidents in Clovis:

Busy Intersections: Intersections like Shaw Avenue and Clovis Avenue, as well as Herndon and Fowler, are high-risk zones due to heavy vehicle traffic, complex signal timing, and poor driver awareness.
School Zones and Parks: Areas near Clovis Unified schools and recreational spaces such as Letterman Park and Dry Creek Trail are hotspots for pedestrian activity. Children crossing the street or walking home are especially vulnerable.
Parking Lots and Retail Centers: With multiple vehicles reversing, turning, or maneuvering simultaneously, parking lots pose a significant threat. The Sierra Vista Mall and large grocery store lots are frequent sites of low-speed but dangerous pedestrian collisions.
Low Visibility Conditions: Accidents spike at dusk or dawn, especially during winter months when visibility is reduced. Poor street lighting, dark clothing, and weather conditions further compound the danger.
Driver Distraction and Phone Use: Texting while driving, checking navigation apps, or engaging in distractions takes your eyes off the road at critical moments. Even a two-second lapse can have a catastrophic impact.

Each location and circumstance presents different liability considerations. Identifying where and how the accident occurred helps build a compelling legal case.

High Stakes for Pedestrian Injuries

When a vehicle strikes a pedestrian, the human body absorbs the full force of the impact. Unlike vehicle occupants, pedestrians have no airbags, seat belts, or protective steel frames to shield them. As a result, pedestrian injuries are often catastrophic and life-altering.

Common injuries sustained in pedestrian accidents include:

Traumatic Brain Injuries (TBIs): Head trauma from hitting the ground or windshield can result in concussions, memory loss, cognitive impairment, or permanent disability. TBIs may not always be immediately apparent but can have devastating long-term consequences.
Fractures and Broken Bones: Pelvic fractures, broken femurs, rib fractures, and compound limb breaks are common in pedestrian crashes. These injuries often require surgical repair and lengthy rehabilitation.
Spinal Cord Damage: Accidents involving sudden impact or twisting can result in partial or complete paralysis, with long-term consequences for mobility, employment, and independence.
Amputations and Crush Injuries: Feet and legs are especially vulnerable when a vehicle runs over or pins a pedestrian. Severe injuries may necessitate amputation or cause permanent disfigurement.
Psychological Trauma: The emotional toll of being hit by a car can lead to PTSD, depression, and anxiety. Many survivors require counseling to overcome the psychological damage.

Pedestrian accidents demand a legal approach that takes into account not just immediate medical bills, but also long-term care needs, emotional harm, and changes to quality of life.

Holding Negligent Drivers Accountable

Drivers have a legal duty to operate their vehicles with reasonable care, particularly in areas where pedestrian activity is expected. When a driver breaches that duty by speeding, using a phone, or driving under the influence, they can be held financially responsible for the harm they cause.

Some of the most common forms of driver negligence in pedestrian accident cases include:

Driving Under the Influence (DUI): Alcohol and drug impairment dramatically reduce reaction times and decision-making ability. Pedestrians in crosswalks are at risk from impaired drivers who fail to yield or recognize traffic signals.
Distracted Driving: Whether texting, eating, or adjusting a GPS device, distractions divert attention from the road, reducing a driver’s ability to see and avoid pedestrians.
Speeding: Excessive speed shortens a car’s stopping distance and increases the severity of injuries in a crash. Speeding through intersections or near school zones is particularly dangerous.
Left-Turn Collisions: Many pedestrian accidents occur when drivers turn left at intersections and fail to see pedestrians crossing the crosswalk, often because they are focused on oncoming traffic.
Failure to Yield: Drivers frequently ignore yield signs, flashing school zone lights, or pedestrian crossing signals. These violations are clear indicators of driver fault under California law.

To prove negligence, your legal team must show that the driver breached their duty of care and that this breach directly caused your injuries. Proving this element requires thorough evidence collection and case preparation.

Proving Negligence With Evidence

Building a strong pedestrian accident claim requires more than just a statement of what happened. Concrete evidence is crucial to establish that the driver was negligent and to counter any defenses that may attempt to shift blame to the pedestrian.

Essential forms of evidence in a pedestrian accident case include:

Eyewitness Testimony: Statements from bystanders, other drivers, or nearby business employees can provide independent confirmation of how the accident occurred. These accounts are especially important when there is no video footage.
Traffic Camera and Surveillance Footage: Many intersections and parking lots have cameras that may have captured the incident. Footage can show the driver’s speed, failure to stop, or disregard for signals.
Police Reports: The responding officer’s report may contain diagrams, citations issued, and preliminary findings regarding fault. This report is often a key document in insurance negotiations and legal filings.
Medical Records: Documenting your injuries, treatment plan, and recovery timeline helps prove the extent of harm and the causal connection to the accident. Emergency room records, specialist evaluations, and physical therapy notes are all critical.
Scene Photographs and Physical Evidence: Pictures of skid marks, vehicle damage, clothing, and personal items at the scene can help reconstruct the event. Visible injuries documented at the time can also support your claim.

Thorough documentation and early legal involvement help preserve and present this evidence effectively.

Pedestrian Injuries FAQ

What if I were jaywalking?

Even if you were crossing outside a marked crosswalk, you may still have a valid claim. California law requires drivers to exercise due care for the safety of all pedestrians, regardless of location. Your compensation may be reduced if you are found partially at fault, but it is not automatically eliminated.

Is the driver automatically at fault if I was hit in a crosswalk?

Not always. While drivers must yield to pedestrians in crosswalks, insurance companies may still attempt to argue that the pedestrian darted out unexpectedly or failed to obey traffic signals. Evidence is key in demonstrating that you had the right of way.

Can I sue if I was hit in a parking lot?

Yes. Parking lots are common sites for pedestrian accidents, and drivers still have a duty of care in these areas. You can pursue a claim against the driver and potentially the property owner if poor design or signage contributed to the incident.

What if a child is hit? Do the same rules apply?

Children are entitled to a higher duty of care from drivers. Courts recognize that children may act unpredictably, and drivers are expected to exercise heightened caution in areas where children are present. This standard makes it easier to hold drivers liable when a child is struck by a vehicle.

How long do pedestrian accident claims take to resolve?

The timeline varies. Some claims settle in a few months if liability is clear and injuries are straightforward. More complex cases involving serious injuries, disputed fault, or multiple parties may take a year or more. Having an experienced attorney helps move the process along efficiently while protecting your rights.

Call Tomassian, Pimentel & Shapazian Today

If you or a loved one has been injured in a pedestrian accident in Clovis, the road to recovery begins with trusted legal representation. At Tomassian, Pimentel & Shapazian, we are committed to helping injured pedestrians reclaim their lives. We thoroughly investigate, negotiate aggressively, and pursue legal compensation for your pain, medical expenses, and future needs.

Call (559) 545-0383 today to speak with a Clovis pedestrian accident attorney and take the first step toward justice.