What a Pedestrian Accident Attorney Does in Bakersfield
A pedestrian accident attorney in Bakersfield handles claims when a driver injures someone on foot. They investigate the crash, gather police reports and witness statements, document your injuries and medical treatment, and negotiate with the driver's insurance company. If the insurer will not pay fairly, they file a lawsuit and represent you in court.
The attorney's job is to prove the driver was at fault and to calculate what your injuries are worth—medical bills, lost wages, pain and suffering, and ongoing care. They handle all communication with insurance adjusters so you do not have to. Most work on contingency, meaning they take a percentage of what you recover instead of charging you upfront.
Bakersfield pedestrian cases often involve drivers turning left across traffic, running red lights, or failing to yield in crosswalks. The attorney will obtain traffic camera footage if it exists, subpoena dispatch records, and sometimes hire accident reconstruction experts to show how the crash happened.
Key Takeaways
- A pedestrian accident attorney investigates the crash, negotiates with insurance, and files a lawsuit if needed—you pay nothing upfront under a contingency agreement.
- Bakersfield attorneys must be licensed by the State Bar of California and carry malpractice insurance; verify both before hiring.
- The attorney gathers police reports, medical records, witness statements, and sometimes video or informed analysis to prove fault and calculate damages.
- Most pedestrian cases settle before trial, but your attorney should be ready to go to court if the insurer refuses a fair offer.
- You have two years from the date of the crash to file a lawsuit in California, so contact an attorney within months, not years.
How to Find a Pedestrian Accident Attorney in Bakersfield
Start with referrals from people you trust—friends, family, or your primary care doctor who may know attorneys who handle injury cases. Ask your doctor's office staff; they often have a short list of attorneys they recommend to patients.
The State Bar of California maintains a lawyer referral service at calbar.org. You can search by location and practice area. The site also shows whether an attorney has disciplinary history. Call the Kern County Bar Association directly at their referral line; they can name attorneys in Bakersfield who focus on pedestrian and bicycle accidents.
Online reviews on Google, Avvo, and Yelp show what past clients experienced, but read them skeptically—satisfied clients and unhappy ones both leave reviews. Look for patterns rather than single complaints. Check whether the attorney has a physical office in Bakersfield or nearby; local attorneys know the judges, court procedures, and local insurance adjusters.
What to Ask When You Call an Attorney
Call three to five attorneys and ask the same questions so you can compare. First, ask whether they handle pedestrian accident cases and how many they have handled in the past year. An attorney who does five pedestrian cases a year knows the work better than one who does one.
Ask whether they work on contingency and what percentage they take. Most take 33 percent if the case settles before trial and 40 percent if it goes to court. Ask who pays for investigation, medical records, and informed witnesses—some attorneys advance these costs and deduct them from your recovery; others bill you separately.
Ask how long cases typically take from crash to settlement or trial. In Bakersfield, pedestrian cases usually settle within 12 to 18 months, but it varies. Ask whether the attorney will handle your case personally or hand it to a junior attorney or paralegal. Ask what happens if you disagree with a settlement offer—will they file a lawsuit, or do they prefer to settle?
Verifying an Attorney's License and Background
Before you hire anyone, verify their license on the State Bar of California website at calbar.org/attorneys. Type the attorney's name and check that their license is active and in good standing. The site shows any public discipline, complaints, or suspensions.
Ask the attorney directly whether they carry professional liability insurance (also called malpractice insurance). This protects you if the attorney makes a mistake that costs you money. Reputable attorneys carry it and will tell you the name of their carrier.
Check whether the attorney is a member of the American Association for Justice (formerly the American Association of Trial Lawyers) or the Consumer Attorneys of California. Membership is not required, but it shows the attorney stays current on injury law and ethics.
Understanding the Contingency Agreement
A contingency agreement is a contract that says the attorney gets paid only if you recover money. You sign it before the attorney begins work. Read it carefully and ask questions about anything you do not understand.
The agreement states the attorney's percentage (usually 33 percent for settlement, 40 percent for trial), what costs the attorney will advance, and what happens if you reject a settlement offer. Some agreements say the attorney can withdraw if you refuse a reasonable offer; others do not. Make sure you understand this before you sign.
The agreement also explains how the attorney will handle your medical liens—agreements your hospital or doctor made to be paid from your settlement. The attorney negotiates these down when possible and pays them from your recovery. Ask the attorney to explain any clause you find unclear.
What Happens After You Hire an Attorney
The attorney will send you a list of documents to gather: the police report, your medical records, pay stubs showing lost wages, photos of your injuries, and names and contact information for witnesses. You do not have to find everything yourself, but the faster you provide what you have, the faster the attorney can move.
The attorney will request the police report from the Bakersfield Police Department or the California Highway Patrol, depending on where the crash happened. They will also request the driver's insurance information from the police report and contact that insurer to open a claim.
Within weeks, the attorney will send a demand letter to the insurance company describing the crash, your injuries, your medical treatment, and the amount of money you are seeking. The insurer will respond with an offer, usually much lower than the demand. Your attorney will negotiate back and forth. Most cases settle at this stage. If not, your attorney will file a lawsuit in Kern County Superior Court.
When to Contact an Attorney After a Pedestrian Accident
Contact an attorney as soon as possible after the crash—ideally within days or weeks. The sooner the attorney begins investigating, the better. Witnesses move away or forget details. Security camera footage is sometimes deleted after 30 days. Medical records are easier to obtain when treatment is recent.
California law gives you two years from the date of the crash to file a lawsuit. This important date is called the statute of limitations. If you wait longer than two years, you lose the right to sue, and the attorney cannot help you. Do not wait until the important date is near.
If you are still in medical treatment, you can still contact an attorney. In fact, most attorneys prefer to wait until you have finished treatment before they finalize a settlement, because they need to know the full extent of your injuries. But contact them early so they can begin investigating while evidence is fresh.
Frequently Asked Questions
Do I have to pay the attorney if I lose the case?
No. Under a contingency agreement, you pay nothing if you do not recover money. The attorney covers their own costs and time. If you win or settle, the attorney takes their percentage from the money you receive. You should never pay an attorney upfront for a pedestrian accident case.
What if the driver did not have insurance?
Your own auto insurance may cover you under uninsured motorist coverage, even though you were a pedestrian. Your attorney will check your policy and file a claim with your own insurer. If you do not have auto insurance, you may still have a claim against the driver personally, though collecting can be difficult. Tell your attorney about the driver's insurance status when ready.
Can I settle my case without an attorney?
You can, but you should not. Insurance adjusters are trained to offer less to people without attorneys. An attorney knows what similar cases are worth in Bakersfield and will push back on low offers. The attorney's percentage is usually less than what you would leave on the table by negotiating alone.
How much money can I recover?
It depends on your injuries, medical bills, lost wages, and how clearly the driver was at fault. Bakersfield juries award different amounts than juries in other counties. Your attorney will estimate a range based on similar cases. Do not trust an attorney who promises a specific amount—no one can predict what a jury will award.
What if I disagree with my attorney's settlement recommendation?
You have the final say. Your attorney must tell you the offer and their opinion, but you decide whether to accept or reject it. If you reject it and want to go to trial, the attorney should be willing to file a lawsuit. If they refuse, you can hire a different attorney, though you may owe the first attorney for work already done.