Everything about Pedestrian Accidents
In most pedestrian accidents, the vehicle’s driver is at fault, but not always. Drivers can prevent not all pedestrian accidents, and in some cases, pedestrians can be held accountable.
A pedestrian at fault?
Pedestrians are required to obey California traffic laws and have a duty of care to those around them.
When someone disobeys those rules or otherwise acts negligently, they may be liable for an accident. When an accident occurs, pedestrians can be considered guilty if they:
- Padestrian or crossing the street outside the crosswalk.
- Driving while intoxicated and making reckless decisions. Speeding on the road and failing to check for oncoming traffic. Crossing the road when the traffic signal says don’t go.
- Talking on a cell phone, texting, or engaging in other dangerous distractions.
- Walking where walking is forbidden.
- Wearing dark clothing without reflective gear when walking or jogging at night.
All pedestrians should exercise reasonable caution when walking near traffic, using crosswalks, or navigating parking lots.
However, the liability will not be straightforward in most pedestrian accident cases.
Everything about Pedestrian Accidents
Fault determination
There are times when a driver is clearly at fault for a pedestrian accident and others when it is disputed.
Examples of drivers being liable are when they run a stoplight, do not stop at a designated crosswalk, or turn right at a red light where a pedestrian is attempting to cross the street.
When liability is disputed, an insurance adjuster or jury will consider the evidence to determine fault.
They will consider eyewitness testimony, available camera footage, applicable laws such as speed limits, findings in police reports, and sometimes even expert testimony.
An adjuster or jury will hear explanations from each of the parties involved to make its decision.
Shared fault in California pedestrian accident cases
Generally, even when a pedestrian is responsible for an accident, likely, the driver is also at fault.
For example, if a pedestrian disregarded a traffic signal, looked both ways, and crossed the road, a driver speeding through the intersection made a rapid right at a red light, hitting the pedestrian. Turned away
California courts apply the rule of pure comparative negligence to determine damage awards in pedestrian accident cases.
Under this law, each party can receive compensation, but their percentage of fault reduces this.
For example, if a pedestrian is awarded $100,000 and found to be 20 percent at fault, they can still recover 80 percent of the damages, or $80,000, in their settlement. (Everything about Pedestrian Accidents)
Pedestrian safety tips
Jogging is excellent for the environment and your health, but there are important safety guidelines to heed.
The core of pedestrian safety falls into three categories; Always be visible, alert, and remove distractions.
The following safety tips for pedestrians and motorists can help reduce the risk of an accident and better protect everyone on the road.
FOR PEDESTRIANS
Visibility
Be sure to be seen. Try to wear clothes that make you stand out. Carry a flashlight or wear brightly colored clothing when walking at night.
If you don’t have bright fabric, you can use brightly colored tape to add visibility stripes to the sleeves of your jacket or the sides of your pants.
Another way to reduce the risk of an accident is to make eye contact with drivers before crossing the street to ensure they know you’re there.
Walk on the sidewalk.
Walk on the sidewalk whenever they are provided. If you have to walk on the side of the road, walk on the side where there is traffic. (Everything about Pedestrian Accidents)
No phone
Try not to use your smartphone while walking so you can pay attention to your surroundings.
Using a phone while walking can put you at higher risk of a collision, and it’s important to be vigilant. Drivers can be easily distracted behind the wheel and may not notice you until it’s too late.
Stay sober
Driving while intoxicated or otherwise impaired can put you at risk. It’s important to stay aware and clear-minded when you’re out and about.
Don’t padestrian walk
Avoid padestrian as it can be dangerous and result in a citation. When possible, cross the road at a traffic light or crosswalk, paying close attention to drivers.
Do not think that motorists will stop. Some may perform illegal activities, while others will not always let pedestrians pass first.
If there is no crosswalk, cross in a well-lit area and wait for a gap in traffic large enough that you can easily make it across the road without slowing down traffic.
Always supervise children
Adults should always supervise children when crossing the street. Young children can be difficult for drivers to see and may not be able to judge whether it is safe to cross the road. (Everything about Pedestrian Accidents)
For drivers
Drivers can prevent pedestrian accidents by keeping the following tips in mind:
- Look for pedestrians everywhere, at all times.
- Never drive under the influence of drugs or alcohol.
- Be extra careful around crosswalks.
- Always yield to pedestrians.
- When the car in front of you stops, don’t assume that people are crossing.
- Follow the prescribed speed limit.
- Follow school crossing signs and school bus rules.
- Slow down in pedestrian zones and give yourself plenty of time to stop.
Motorists need to be aware of pedestrians, and pedestrians need to be aware of motorists. Although drivers have more responsibility under the law when operating a vehicle, pedestrians have a greater share.
How does a lawyer collect evidence in a pedestrian accident case?
Although drivers are usually blamed in pedestrian accident cases, substantial evidence is required to recover fair compensation.
To ensure that you receive the compensation you deserve, a Riverside pedestrian accident attorney will build your case by thoroughly investigating your accident and collecting important evidence in the following ways. (Everything about Pedestrian Accidents)
How does a lawyer collect evidence in a pedestrian accident case?
Obtaining physical evidence
- A pedestrian accident attorney will spend a great deal of time ensuring that all the physical evidence needed to support your case is gathered. For example, they may be:
- Send trained investigators to the scene of an accident to take photos, collect available evidence, examine the vehicle, and more, to determine the cause and fault.
- Review and use any photographs you took of the scene and your injuries.
- Search for available surveillance footage and traffic camera recordings of the accident.
- Get a copy of the police report, which insurance companies often use in their fault decisions.
- Collect black box data if the vehicle that hit you had one. Black boxes can provide valuable data about the vehicle and the occurrence of the collision, such as speed, braking, and steering.
- Make sure you receive proper medical care and follow-up treatment to avoid gaps in your care.
- Get copies of medical records that link your injuries to the pedestrian accident.
- Hire a medical expert to testify on the severity, prognosis, and long-term effects of your injuries;
- Get copies of pay stubs, tax returns, and other proof of lost income.
- Subpoena the guilty party’s cell phone records if necessary to prove they were distracted.
- This is not an exhaustive list, and your attorney will begin building your case as soon as you hire them because physical evidence can disappear quickly.
Interview witness
Witness statements can carry a lot of weight in the insurance company’s decision at fault. For example, the driver claims you were to blame because you darted into traffic.
In that case, if someone witnessed your accident, your attorney will seek out their statement to prove your side of the story. Witnesses can present an objective perspective because they have nothing at stake. (Everything about Pedestrian Accidents)
Hire the experts
If the insurance company refuses to settle for fair compensation, you and your attorney may decide to file a lawsuit.
In that case, your pedestrian accident attorney has the resources to hire expert witnesses to testify in support of your claim. Some examples include:
Accident Reconstruction Specialist: With the help of computer programs and models, a specialist can analyze a collision to determine the cause.
Financial specialist: They can tell you how your injuries affect you financially now and how they will affect you in the future.
Occupational specialist: If your injuries limit your ability to work or force you into a different line of work, an occupational specialist can testify about the type of work you were able to do before the accident compared to now. could work
Psychologist: A psychologist can testify about your emotional state. For example, if you suffer from a psychological condition (e.g., depression, anxiety, PTSD, etc.) due to the accident.
Compensation Available After Pedestrian Accident
When someone else’s careless actions cause a pedestrian accident, the victims can hold the responsible party accountable for their losses. The types of compensation available may include the following. (Everything about Pedestrian Accidents)
Compensation Available After Pedestrian Accident
Economic loss
Pedestrian accident victims generally suffer actual financial loss for which they are eligible for reimbursement, known as economic damages. For example:
Medical bill
One of the most important types of compensation is future medical care. Current and future medical expenses beginning on the accident date include emergency services, hospitalization, surgery, physical therapy, prescription drugs, and more.
Some injuries require long-term rehabilitation, adaptive therapy equipment, home modifications, and more, all of which must be considered.
Consequently, expert testimony regarding the extent of the injuries and anticipated care is generally required to calculate damages for future medical care.
Lost income
Any income that has already been lost will be lost during the time away from work to be regained.
Depending on the extent of the injuries, it may take longer to heal, or victims may suffer permanent impairment.
If so, reduced earning capacity may also be a possibility if there is impairment or permanent disability to make up for the difference in the level of income that can be earned now compared to before the accident.
Property damage
If any personal belongings were damaged or destroyed in the accident, victims could recover compensation for their repair or replacement—for example, a phone, iPad, laptop, purse, backpack, etc.
Non-pecuniary loss
This form of damages may be the most important part of the compensation recovered. Non-economic losses represent intangible or subjective losses, such as the following:
Aches and pains
This type of compensation is for physical and psychological harm (e.g., depression, anxiety, PTSD) or the suffering and suffering caused by a victim.
These include loss of quality of life, companionship, and more. Typically the following factors will be considered:
- How daily life has been affected or limited in some way.
- Whether or not relationships have changed as a result of the injuries.
- Whether the injuries are permanent or how long your recovery is expected.
Has life expectancy decreased?
Generally, the more serious the injuries and medical expenses, the higher the value of pain and suffering.
However, non-economic damages can be more challenging to prove because they are emotional damages.
To establish the extent of pain and suffering, a lawyer can use expert testimony, consultation bills, journals, testimony from friends, etc. (Everything about Pedestrian Accidents)
Punitive damages
Punitive damages may be awarded in pedestrian accident cases involving a defendant (the guilty party) who acted recklessly or with conscious disregard for the safety of others.
However, this type of compensation is rare and is meant to punish the defendant and deter others from similar actions.
Wrongful death damages
When a pedestrian accident victim dies, their surviving family has the right to make a wrongful death claim.
In these cases, a defendant may be held liable for funeral and burial expenses, medical bills resulting from the accident, loss of expected income, and more.
How Can A Pedestrian Accident Attorney Help Me With My Claim?
After an accident in New York, many insurance providers are known to act quickly to see if another party is at fault.
They may also contact the victim or other parties to agree to a lesser settlement or attempt to obtain information from them that will later be used against them.
If you decide to use Cellino Law, we are here to take some of the pressure off you.
What should you do after a pedestrian accident?
If you are involved in a pedestrian accident, it is important to take the following steps:
- Get medical attention for yourself and for anyone else who is injured.
- Call the police to report the accident and request that an officer comes to the scene to take the report.
- If possible, take photographs of the accident site, including any damage to the vehicles involved and the location of the accident.
- Exchange contact and insurance information with the driver of the vehicle involved.
- Get the contact information for any eyewitnesses to the accident.
- Report the accident to your insurance company as soon as possible.
- Consult a personal injury attorney if you believe you have a case.
It is important to note that if you become injured, you must take care of your health and well-being first.
California Pedestrian Accident Law
California has laws to protect pedestrians who are hit by a motor vehicles. If the driver’s negligence was responsible for the collision, the injured pedestrians have a right to hold the accountable for their losses. (Everything about Pedestrian Accidents)
California pedestrian accident law | California Negligence Law
Understanding how liability works in California after a pedestrian accident is critical to recovering your fair compensation.
Under state law (CIV § 1714), whichever party’s negligence is responsible for a pedestrian accident must pay for resulting damages.
Therefore, each party is assigned a percentage of fault, and a plaintiff (the victim) can hold a defendant (the guilty party) accountable for a share of their damages.
Drivers can be 100% responsible in many cases then pedestrian accident victims have the right to recover 100% of their losses.
However, pedestrians can be partially or fully responsible. For example, if pedestrians are 20% liable for texting while walking, they can recover 80% of the compensation awarded.
It is also possible for a third party to be partially or fully liable in a pedestrian accident.
For example, a government entity if dangerous road conditions contributed to the collision, such as a pothole, a design flaw in an intersection, improper signage, etc., or a vehicle manufacturer if a defective part caused the accident. (Everything about Pedestrian Accidents)
Right of way law
Below is a list of laws established under CVC 21949 regarding a driver’s or pedestrian’s right of way, which may affect liability for an accident.
Pedestrians can cross the road within a marked or unmarked crosswalk at an intersection.
Drivers must not stop within the crosswalk.
Pedestrians are never allowed to padestrianwalk.
Drivers should never pass a vehicle that is stopped at an intersection as they may be stopped to wait for a pedestrian crossing.
Drivers may drive only on the sidewalk and must yield to any pedestrians entering or exiting a garage or street.
Blind pedestrians using a cane or guide dog always have the right of way at all intersections.
It can be considered an offense if a driver fails to yield to a blind pedestrian, and they can face up to six months in prison and a fine of up to $1,000.
When a pedestrian accident occurs because the driver or pedestrian failed to yield the right of way, this can be used as evidence of fault.
Statute of limitations
California has a statute of limitations that limits the time limit for a pedestrian accident victim to file an injury claim.
This law helps to ensure that the legal process moves forward and the evidence remains available. The time limit is two years from the date of the injury (CCP § 335.1).
You will be barred from recovering damages when the statute of limitations has expired and there are limited exceptions.
If your pedestrian accident was caused by the negligence of a government agency or employee, an injury claim must be filed within six months of the injury. You have another six months to file a lawsuit if your claim is denied. (Everything about Pedestrian Accidents)
California Pedestrian Accident Statistics
Pedestrian crashes are a serious problem, and deaths are rising across the country and in California.
California Pedestrian Accident Statistics | Pedestrian accident injury and death data
A study completed in 2019 shows that California is the 16th most dangerous state for pedestrians.
More than 7,000 pedestrians were killed between 2008 and 2018, increasing the state’s pedestrian fatality rate by 38.4 percent.
Over the same period of 10 years, 22 percent of California’s traffic fatalities were pedestrians, compared to 14 percent nationwide.
The California Office of Traffic Safety reported the following data for 2018:
- No state has more pedestrian deaths on its roadways than California.
- 893 pedestrians were killed, an increase of 26% from 2014.
- More than 14,000 pedestrians were injured.
- Pedestrian deaths rose 26% between 2014 and 2018.
- Around 7,500 pedestrians died between 2009 and 2018.
- California’s pedestrian fatality rate is 25% higher than the national average.
The latest data for 2019 reports the following:
- In 2019, 972 pedestrians were killed.
- Pedestrian deaths decreased by 0.6% from 978 in 2018.
- Pedestrian deaths 65 and older increased by 1.9% from 218 in 2018 to 222 in 2019.
- Bicycle accidents decreased by 19.5%, from 165 in 2018 to 133 in 2019.
Nationwide Pedestrian Accident Statistics
Here are the latest pedestrian crash statistics in the US for 2020:
- In 2020, on average, a pedestrian was killed every 81 minutes and injured every 10 minutes in traffic accidents.
- 6,516 pedestrians were killed in traffic accidents, an increase of 3.9 percent from 2019.
- More than 50,000 pedestrians were estimated to be injured, a decrease of 28 percent from 2019.
- Hit-and-run drivers killed nearly 1 out of 4 pedestrians killed.
- 16% of children aged 14 and under killed in traffic accidents were pedestrians.
- 71% of the pedestrians killed were men.
- Alcohol was involved in 47% of all fatal pedestrian accidents.
- More pedestrian deaths occurred in urban areas (82%).
- In 2020, 26% of pedestrian deaths occurred between 6 and 8:59 p.m.
- About 90% of pedestrians are killed in one-vehicle crashes.
SAFETY TIPS
- for drivers
- Slow down in pedestrian areas.
- Make eye contact with pedestrians.
- Do not pass when a car stops in front of you.
- Follow school crossing signs and school bus rules.
- Drive the vehicle while being restrained.
- Keep the weather in mind.
- Be patient with superiors and others with challenges.
- Obey the speed limit.
- Be extra careful when backing up.
For pedestrians
- Don’t expect drivers to see you.
- Stay away from curbs when you stop for cars.
- Look around the parked vehicles before crossing.
- Use the crosswalk and be careful.
- Wear bright-colored clothes and carry a torch with you at night.
- Stay alert and turn off your phone to avoid distractions.
What are common examples of pedestrian accidents?
Pedestrian accidents are very common and responsible for many serious injuries yearly. To increase your safety while walking, it is important to know the common examples of pedestrian accidents. (Everything about Pedestrian Accidents)
What are common examples of pedestrian accidents?
Turning Vehicle Pedestrian Accident
Drivers turning right or left may fail to check the crosswalk or wait long enough for pedestrians to cross it, which can quickly and unexpectedly lead to an accident.
These collisions often occur when a driver is in a rush or focused on another vehicle.
Pedestrian crash support vehicle
Back-up pedestrian accidents can occur when a vehicle backs up from a parking lot or driveway.
If the driver fails to look for pedestrians before reversing, they may turn around while someone is passing and hit them.
“Multiple Hazard” Crossing Accident
This type of pedestrian accident occurs when a motorist in one lane stops for a pedestrian crossing the road while the other lane may or may not have a vehicle.
For example, Car A travels in the right lane on a two-lane road. They stop for a pedestrian at a crosswalk, within view of the driver in Car B, traveling in the left lane.
Either distracted or unsure why Car A is stopped, Car B pulls up behind Car A and hits the pedestrians as they cross.
Distracted driver accidents
Distracted driving is a leading cause of pedestrian accidents and can happen anytime.
Whether a pedestrian is on the sidewalk or crossing the street, a distracted driver may lose control of their vehicle or swerve to avoid hitting the car and a pedestrian.
Common causes of distracted driving include texting or talking on the phone, eating or drinking, reaching for an object, changing music, getting directions, and daydreaming. (Everything about Pedestrian Accidents)
Padestrian accidents
California law requires pedestrians who cross the street without a crosswalk to have the right of way.
However, a catastrophic accident can occur if a pedestrian goes unnoticed or becomes distracted and fails to yield the right of way to vehicles.
Pedestrian accident liability
In these common examples of pedestrian accidents, drivers are often liable. They owe a higher duty of care to pedestrians to steer safely and prevent harm.
If their negligence causes an accident, they can be liable for damages. However, liability will depend on the circumstances, as multiple parties may be at fault in a pedestrian accident.
For example, if a pedestrian crosses into traffic without looking and is hit by a vehicle, he may be solely at fault for the collision.
In other cases, a third-party pedestrian may be liable for the accident. For example, a government agency, if preventable, dangerous road conditions contributed to the collision, such as improper signage, or a vehicle manufacturer if a defective part caused the collision.
What should I bring to my first meeting with my pedestrian accident attorney?
Many pedestrian accident attorneys offer free consultations during which you can discuss the details of your case and legal options.
However, to get the most out of your meeting and help narrow your search, it’s important to be prepared. What to bring here
A detailed description of the accident and your injuries
When you meet with an attorney, you should be prepared to present your side of the story. See what treatment you received, the prognosis of your injury, whether you have already filed an insurance claim, and what date you filed, etc.
To avoid missing details, write down exactly as soon as possible after your accident, including the date, time, what you did when the vehicle hit you, and where you were when you called the doctor. (Everything about Pedestrian Accidents)
Documentation
If you have time to obtain copies of the following documents, be sure to bring them with you:
- Medical records relating to your accident injury and any bills for treatment
- police report
- Any evidence you have of the accident—for example, if you took photos, videos, obtained contact information for witnesses, etc.
- Insurance information from the at-fault driver
- Any correspondence you have with insurance companies.
- Documentation of missed work and lost wages (for example, emails between you and your employer, pay stubs, and tax returns)
Any relevant documents you think are welcome to bring, as this is not an exhaustive list. However, do not delay your consultation and seek a pedestrian accident lawyer if you do not have these documents.
It is far more important to hire a lawyer as soon as possible; they will help you gather any missing evidence you need.
A list of questions
Prepare a list of questions to ask a lawyer during a consultation. Here are some examples.
- How long have you been handling pedestrian accident cases?
- Do you seek settlement or take my claim to trial?
- How long will it take to resolve my case?
- Do you see any potential obstacles that should be overcome?
- How often should I expect to work directly with you, or will I be working primarily with associates?
- Can I contact you directly about the matter?
- How will you be paid to work on my case?
A lawyer may not be able to give you a definitive answer to every question, but he should be able to assure you that he will be the best advocate for you.
Be prepared for tough questions.
Some people falsify injuries in an attempt to recover compensation. Depending on how much documentation you can bring, a lawyer may ask tough questions to eliminate baseless claims.
So as not to waste their time, they may ask for details about the extent of your injuries and treatment, whether you were not to blame for the accident, what you do for a living, personal finances, etc. (Everything about Pedestrian Accidents)
Trust your gut
Remember that finding the right pedestrian accident attorney for your case may take several consultations with different attorneys.
So, trust your gut and ask as many questions as possible to feel comfortable in your final decision.
What types of injuries do pedestrians usually get?
Thousands of pedestrians are injured in motor vehicle accidents in California each year. Here are the most common types of injuries that pedestrians suffer.
What types of injuries do pedestrians usually get?
Head injuries
The likelihood of a head or brain injury is very high in a pedestrian accident. Brain injuries occur when a sudden and violent blow or blow to the head.
As a result, they are often involved in pedestrian accidents when the head collides with a vehicle, sidewalk, or another object below.
Brain injuries can range from a mild concussion to severe traumatic brain injury (TBI), which has the potential to cause permanent cognitive impairment.
In addition, pedestrians may suffer skull fractures, broken facial bones, or wounds and bruises that can cause life-altering or long-lasting impairment or disfigurement.
Spinal cord injuries
Pedestrians often suffer spinal injuries due to the impact of a collision, being thrown, or the whipping motion of the body.
As a result, the spine suffers stress, which can cause it to shatter or cause a disc to herniate or rupture. Discs act as cushions between the vertebrae in the spine.
When one herniates or ruptures, it can be painful, limit mobility, and lead to more serious back issues in the future.
If the spinal cord is completely severed, pedestrians will have paralysis below the injury site.
Broken bones
Serious bone fractures are common where the pedestrian’s body makes contact with a vehicle, or another object, such as a windshield or the ground.
Fractures can occur in many different body parts, requiring extensive surgery, hardware, casts, and healing time. (Everything about Pedestrian Accidents)
Internal damage
Internal organ damage to the spleen, liver, and kidneys occurs frequently and is not always immediately noticeable.
However, internal bleeding can be life-threatening if not treated quickly. As a result, any signs of injury or cuts to the abdomen should be evaluated.
Loss of limbs
Even a low-speed pedestrian accident can cause sufficient damage to a limb to result in amputation.
This is often due to the car’s sharp edges and the position of the limbs being trapped under the front bumper of the vehicle, especially if the car collides with a pedestrian or other object.
Psychological injuries
In some cases, pedestrians experience emotional distress and psychological conditions long after the accident – depression, anxiety, or PTSD.
The experience can be traumatic, especially if they have been seriously injured or nearly killed. Common signs of mental distress include flashbacks and trouble sleeping. (Everything about Pedestrian Accidents)
Wrongful death
Many pedestrian accident injuries are serious and can be fatal. Victims may die immediately due to the impact, or it may be delayed.
For example, if an organ rupture and internal bleeding are not treated promptly, a broken bone becomes infected.
In any case, when the negligence of another party leads to the death of a pedestrian accident victim, it is said to be a wrongful death.
Since the victim cannot file a personal injury lawsuit, the surviving family can file a wrongful death claim on their behalf.
Hope you like our article on Everything about Pedestrian Accidents.
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