Pedestrian Accidents in Oakland, CA: Know Your Rights
Injured while walking in Oakland? You may be entitled to compensation. Learn your rights, legal options, and how Cooc & Associates can help.
The Rise of Pedestrian Accidents in Oakland
Pedestrian accidents are increasingly common in Oakland and across California. With heavy traffic, busy intersections, and distracted drivers, pedestrians are at significant risk.
At Cooc & Associates, we help victims of pedestrian accidents recover damages for medical bills, lost wages, and pain and suffering. If you or a loved one has been hit by a car while walking, you deserve answers—and legal protection.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen in a variety of scenarios, but most involve some form of driver negligence. Common causes include:
Distracted driving (texting, using GPS)
Speeding in residential zones
Failure to yield at crosswalks
Running red lights or stop signs
Poor visibility or bad weather
Drunk or impaired driving
Drunk Driving and Pedestrian Injuries
One of the most tragic and preventable causes of pedestrian accidents is drunk driving.
Alcohol Impairment on the Road
When a driver is under the influence, they are more likely to:
Miss stop signs or signals
Fail to notice crosswalks or pedestrians
React too slowly to avoid a collision
Speed or drive erratically
Criminal and Civil Liability
In California, DUI drivers face criminal charges. If you're a pedestrian injured by a drunk driver, you may also pursue a civil personal injury claim to recover damages. In some cases, you may also be eligible for punitive damages—meant to punish the driver for reckless behavior.
Our team at Cooc & Associates has successfully represented pedestrian victims of drunk driving. We work hard to hold negligent drivers accountable and secure the maximum compensation for our clients.
Legal Rights of Pedestrians in California
California law strongly protects pedestrians. Here are a few key legal rights you should know:
1. Right-of-Way at Crosswalks
Drivers must yield to pedestrians in both marked and unmarked crosswalks at intersections.
2. Duty of Care
All drivers owe a legal duty to watch for pedestrians and avoid dangerous behavior.
3. Right to Compensation
If you’re injured by a negligent driver, you may be entitled to:
Emergency and long-term medical care
Lost income or earning capacity
Pain and suffering
Emotional distress
Punitive damages (in cases like DUI)
Property damage (e.g., broken phone, glasses, etc.)
What to Do After a Pedestrian Accident
Being hit by a car can be traumatic and confusing. Here's what to do if it happens to you or someone you know:
1. Seek Medical Help Immediately
Some injuries (like brain trauma or internal bleeding) aren’t immediately obvious. Always get checked by a medical professional.
2. Call the Police and File a Report
An official police report can be crucial for documenting the accident and proving liability.
3. Gather Evidence
If you’re able, collect the following:
Driver’s license and insurance information
Photos of the scene, vehicle, and injuries
Names of witnesses
4. Don’t Talk to Insurance Alone
Insurance companies may try to minimize your claim. Let a lawyer handle communication on your behalf.
5. Contact a Pedestrian Accident Lawyer
We recommend contacting a personal injury attorney as soon as possible. At Cooc & Associates, we offer free consultations and can help you understand your rights from the start.
Proving Fault in a Pedestrian Accident
To succeed in a personal injury claim, we must prove:
The driver owed you a duty of care
They breached that duty (e.g., ran a red light)
That breach caused your injuries
You suffered damages as a result
We gather:
Police reports
Medical records
Traffic camera footage
Eyewitness statements
Expert opinions (if needed)
What If You Were Partially at Fault?
California follows pure comparative negligence rules. This means:
You can still recover compensation even if you were partially at fault
Your total award is reduced by your percentage of fault
Example: If you’re 20% at fault and awarded $100,000, you’ll receive $80,000.
Don’t let concerns about fault stop you from contacting a lawyer. Let us evaluate your case and help protect your rights.
Why Choose Cooc & Associates?
✅ Proven Track Record
Our attorneys have secured favorable outcomes in countless pedestrian accident cases.
✅ Personal, Compassionate Service
We treat every case with care and attention. You’re not just a case number—you’re a person with a story and rights worth defending.
✅ Local Knowledge
We know Oakland’s streets, courts, and traffic laws inside and out.
✅ Multilingual Services
We provide legal support in English, Vietnamese, and Chinese.
Real-Life Examples of Pedestrian Accidents
Example 1: Drunk Driving Hit-and-Run
A client was hit in a marked crosswalk by a drunk driver who fled the scene. Using surveillance footage and expert analysis, we proved fault and secured a six-figure settlement from the driver’s insurance.
Example 2: Distracted Driver Near School Zone
A child was hit near an Oakland school when a distracted driver ran a stop sign. Our team gathered traffic data, medical records, and worked with child psychologists to advocate for long-term emotional trauma. The case resulted in compensation for both immediate injuries and long-term therapy.
How Long Do You Have to File a Claim?
California law limits the time to file a personal injury lawsuit to two years from the date of the accident. For minors or special cases, exceptions may apply. Don’t delay—call us today.
