People walk and jog to stay in shape or to get to locations where public transportation is convenient. Walking is beneficial to your fitness, but it can also lead to fatal pedestrian accidents. Pedestrians can suffer serious injuries or even death due to these accidents because there is no barrier between them and the vehicle that hits them. If you are injured in a pedestrian accident, you will be entitled to recover damages by keeping the responsible party accountable.

Find A Los Angeles Personal Injury Lawyer for Pedestrian Accident Claims

You must first determine what caused the accident and who should be held liable for damages. To decide who is responsible and navigate the damage compensation process, you may need the assistance of a L.A. Personal Injury Attorney.

If you're a driver, you should be aware of your rights when crossing the street so that you're not solely to blame if an accident occurs. As previously mentioned, if you are crossing the road and are inside a designated or unmarked crosswalk, the driver must yield the right-of-way to you under VC 21950.

You can also avoid abruptly leaving a safe location and running or walking into the path of an oncoming car that is near enough to cause an accident. This rule is vague in that it is unclear what constitutes an immediate accident or how far a vehicle must be for you to cross. Because of this uncertainty, insurance firms have found a way to challenge personal injury cases involving pedestrians.

According to VC 21954, it is also unlawful for a pedestrian to walk down the street without using a crosswalk. If you are walking on a highway that is not within a designated or unmarked crosswalk, you must surrender the right-of-way to any vehicle on that roadway that is near enough to cause an immediate accident, according to the Code. As a result, pedestrians do not always get the right of way. When crossing in a zone outside of a crosswalk, they should yield this right.

It's worth remembering that even though you weren't crossing the street at a crosswalk, you won't be held entirely responsible in the event of an accident. The driver bears some of the blame as well since the legislation requires all drivers to exercise extreme caution when it comes to pedestrian safety. This means that even if a pedestrian is crossing the street illegally and an approaching car has plenty of time to brake or slow down, the driver is required to do so.

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California Pedestrian Accident Statistics

Every single person is a pedestrian. You would need to walk to certain facilities whether or not you own a vehicle. For example, you were getting from the parking lot to your office building or meeting up with friends at a local café for coffee.
On our highways, pedestrians are the most vulnerable category. They don't have access to cars or safety gear like helmets. The drivers of a car that collides with a pedestrian at a slow pace will be unharmed. The pedestrian, on the other hand, may suffer life-threatening injuries or even die as a result of the collision.
According to NHTSA statistics, pedestrian deaths are on the rise, while passenger and driver fatalities are also on the rise. Pedestrian deaths continue to increase, despite the fact that the number of pedestrians has remained relatively constant over time.
California is one of the most dangerous states in the United States for pedestrians, ranked 16th. Between 2009 and 2017, the number of pedestrian deaths in California increased by 38.4%, compared to a nationwide increase of 34.5 percent.
Between 2008 and 2017, more than 7,000 pedestrians were killed in California.
Walking is good for your well-being and can also be the most convenient mode of transportation. When you engage with other road users, such as drivers and cyclists, though, you run the risk of being involved in an accident.
Pedestrian casualties on American roads are increasing every day, despite a decrease in other traffic-related deaths.
Pedestrian collisions result in serious injuries and deaths, leaving survivors to deal with life-altering problems, financial burdens, and lost job opportunities as a result of their injuries. A Los Angeles Personal Injury Attorney assists pedestrian accident victims in recovering restitution for their injuries as well as covering the financial expenses associated with the accident.

Pedestrian Accidents: Reducing the Risk

Pedestrians and motorists both play a part in keeping roads safe for pedestrians. Pedestrian safety tips include the following:

When walking at night, wear reflective clothing or hold a flashlight to improve your visibility.
Before crossing the street, check-in all directions for traffic and cross at marked crosswalks or intersections.
Walking on pedestrian-only sidewalks or paths (if these are not accessible, walk on the shoulder and face oncoming traffic). Maintain as much space between yourself and oncoming traffic as possible.)
Electronic devices, such as phones and earbuds, should be avoided because they can be irritating.
If you want to walk, limit your alcohol consumption because alcohol impairs your attention and coordination (better yet, call a taxi to take you to your destination).
Follow all traffic laws, signs, and signals.
When driving, don't presume that other drivers will see you.

It is also the duty of drivers to ensure that the roads are safe for pedestrians. Here are several suggestions for keeping roads clear for pedestrians:

Taking responsibility for pedestrian protection and keeping an eye out for them when driving
Texting, dining, changing radio stations while driving, or turning around to talk to passengers in the car are all obstacles to avoid. A few seconds of distraction is enough to trigger a disastrous accident.
Drivers should be aware of pedestrians, especially in congested areas, school zones, and areas near parks.
When driving, keep an eye out for youngsters, as they are less likely to obey traffic laws or make educated decisions. School zones, playgrounds, suburban streets, and parks are all places to be cautious of.
To avoid hitting school-aged children, you should never pass a stopped school bus (note that you could receive criminal charges for passing a school bus that is dropping or picking up kids)
Before turning, look for people and make eye contact with them (always yield to pedestrians)
Keep an eye out for traffic signs and signals.
It is not a good idea to drink and drive.
Stick to the posted speed limits, particularly in areas where pedestrians are present.
Drive defensively and adjust your driving depending on the weather conditions.
When driving at night, keep an eye out for pedestrians.
Always check before backing up, and keep an eye out for infants, as they can be difficult to spot.
To avoid hitting pedestrians with your car door, look before you open it.
When passing stopped cars, be cautious because they could be dropping off passengers.
Never take it for granted that a pedestrian can see you.
Make eye contact with the pedestrian to ensure that they are aware of your presence (even if you are yielding the right of way)
Follow the school's drop-off procedures.

The Most Common Causes

Sidewalks that have been designed incorrectly

Poorly built sidewalks are the primary cause of accidents in areas where there are uneven or rough steps on walkways that can quickly reduce the tripping and falling of walkers. Furthermore, if the walkways are too narrow to allow many people to pass each other while traveling in opposite directions, one of them may have to yield to the other.

This could include stepping out onto the road to allow the other to pass. Although this may seem to be a courteous gesture, the walker who walks onto the road puts themselves in danger from fast-moving automobiles that are unable to swerve to avoid hitting them. As a result, even though pedestrians strictly adhere to road rules, poorly built walkways do more damage than good in these circumstances and become an aggravating factor.

When you come across greedy pedestrians who refuse to slow down or give way to avoid colliding with other walkers, the situation becomes considerably worse. People who jog or sprint on sidewalks, for example, can refuse to stop even if the sidewalk is narrow, forcing you out of the way. If you trip and fall when attempting to stop these joggers or sprinters, it is considered a pedestrian accident, and you have the right to sue for any injuries you sustain.

The Driver Didn't Yield the Right-of-Way.

Right-of-way refers to a driver's or motorist's legal right to take precedence in a given situation or venue. Assume the traffic signals indicate that a pedestrian has the right of way and can proceed to the crosswalk. A driver must allow the walker to cross the road before continuing through the crosswalk or intersection area in this case.

Suppose a pedestrian or a driver fails to yield the right of way. In that case, they are committing a traffic violation by continuing without having the party entitled to go first, such as a car failing to yield to a walker at a crosswalk. This is also one of the most common causes of pedestrian accidents because when a walker and a car are traveling simultaneously, they are likely to collide.

Buses and trucks that are too close to the sidewalk

Side mirrors on trucks and buses stretch past the vehicle's edge. When a bus arrives at a bus station, the side mirror may be dangerous to someone standing near the walkway's edge. A bus approaching a bus station could be driving quickly enough to knock down a pedestrian with its side mirror, resulting in head injury or other serious injuries.

A bus driver is usually qualified to operate their vehicle and understand where the side mirrors extend. The walker will file a lawsuit for damages and loss if the driver is not attentive or reckless, causing the walker to be knocked over by the mirror. When a pedestrian is injured as a result of an employee's negligence, such as a bus driver's inattention, the pedestrian can sue the employer. An employer may be held vicariously liable for the incompetent actions of their employees under the state's "Respondent Superior" statute.

Wearing Dark Clothes

As the day gives way to night, the number of pedestrian accidents continues to increase. Wear white or other light-colored clothing and hold a pocket flashlight to turn on while crossing the streets if you intend on walking in the dark. Even though street lamps and blinking lights light most crosswalks and intersections, it's still difficult for motorists to see pedestrians who blend in with the darkness. Pedestrians should be expected to walk along the streets at night, and drivers should identify them.

A Bicyclist runs Over a Pedestrian on the Walkway

Bikes on the sidewalk can be dangerous for walkers. Cycling on sidewalks, on the other hand, is typically a city-by-city initiative. Bike riding on sidewalks is illegal in some areas of the state but legal in others. Even if cycling on the walkways is legal, if a bicyclist's negligent actions trigger the accident, he or she can be held liable for any accidents that arise.

Driving While Distracted

While some drivers text while driving, others go through their mail. Others could be driving while looking out the windshield, taking selfies, eating, or conversing with passengers in the back of the car. As a result, drivers often ignore pedestrian crosswalks and speed through red lights. If you're a pedestrian, a good rule of thumb is to make eye contact with an oncoming car's driver before crossing at a crosswalk. Even if you have the right of way on a walkway, you can take all necessary measures to avoid being hit by an inattentive driver and suffering serious injury.

Aggressive & Reckless Driving

Pedestrian deaths are often caused by motorists who have low regard for the welfare of other road users. When a motorist drives recklessly, a pedestrian is likely to be injured in the ensuing collision. The pedestrian can sustain serious injuries as a result of the collision and the force applied by the vehicle.

Driving over the speed limit, particularly in residential areas or areas near educational institutions, is an example of reckless vehicle activity. Due to a large number of pedestrians likely to be on the roads, any driver in these areas is supposed to drive within a certain speed range. Additionally, crosswalks are normally marked on the roads in these areas, allowing pedestrians to cross the streets safely. As a result, if a driver goes too fast and strikes an unaware or innocent pedestrian, they can be held entirely responsible.

Another typical example of careless driving is when vehicles make unexpected turns or road overlaps that cause the vehicle to veer onto the sidewalks. This type of action normally results in serious collisions with pedestrians who didn't see it coming and are unable to get away in time. Typically, the driver who causes the crash bears full responsibility, particularly when the court considers factors such as their reckless driving.

Aggressive drivers are often racing to make it before the traffic lights turn red, forcing all cars to come to a complete stop. Failure to keep an eye out for any approaching pedestrians may mean the difference between causing and avoiding a collision. Certain responsible drivers frequently say that they were driving recklessly because they were responding to an emergency. However, the lawyer will do everything possible to ensure that an argument like this does not preclude you from receiving a fair compensation sum for any losses or injuries you have suffered.

Drivers Under the Influence

The majority of pedestrian collisions occur at night. Perhaps you've just left a restaurant or a nightclub and need to cross the street to catch public transportation or an Uber. If that's the case, make sure you're walking on the sidewalk rather than crossing the street. During the evening hours, drunk drivers often speed down the lane. Since their vision is blurred, they will miss you. If you cross a crosswalk at an intersection, the drunk driver is more likely to slow down due to the traffic lights.

Walkers who choose to walk on the roads while inebriated can cause accidents. When you walk while inebriated, your body balance is significantly harmed, which means you'll be stumbling the whole time. Intoxicated pedestrians have been known to walk straight into the road or lose their balance completely and collapse right where cars are expected to travel. When a motorist fails to see a pedestrian, they can knock them down or run them over, causing serious injuries.

Drivers Making an Unobserved Left Turn at an Intersection

Pedestrian injuries are more likely to occur when drivers make a left turn at an intersection than when they make a right turn. When a driver makes a right turn, the walker crossing the street is immediately to their right. When a driver makes a left turn, however, the crossing pedestrian is normally on the opposite side of the road, several lanes away. As a result, most divers proceed to make a left turn without checking the crosswalk, resulting in an accident.

Crosswalks Aren't Given On Some Roads

Crosswalks are not always present where they should be. As a result, pedestrians must cross the street at their own risk. And if you're crossing the street in the absence of a crosswalk, a driver must exercise fair caution to avoid colliding with you. In other words, even though you are partially at fault, you will be entitled to recover compensation for your losses and injuries in a California pedestrian accident.

Cars That Are Quiet

There are many electric vehicles on the road today. Rather than a combustion engine, electric cars use batteries. As a result, they are much quieter than conventional gas-powered vehicles. Pedestrians have a harder time anticipating a vehicle when it is louder. Any driver on the road is required to keep their headlights on at all times of the day in order to be seen by pedestrians, even though they are unable to hear them approaching.

A bad weather

Weather conditions can be harsh at times, such as misty, foggy, humid, and even snowy. This results in blurred vision and a loss of vehicle control. In this case, a driver can end up colliding with a pedestrian. Heavy rainfall can break tree branches, which can hit a pedestrian and cause serious injury, particularly if they land on sensitive body parts like the eyes or skull.

You or the motorist are not at fault if you are involved in a pedestrian accident caused by bad weather. You can, however, be entitled to compensation. The court will evaluate the evidence presented to decide how much the driver owes you.

Roads of several lanes (arterials)

Pedestrians can be endangered by multi-lane highways. Drivers must be aware of other drivers' speeding, lane changes, tailgating, and dangerous lane changes. Most drivers, on the other hand, don't bother to look out for pedestrians or even pay attention to traffic signals.

Reverse-driving vehicles

When backing up, most drivers are trained to look behind them. Pedestrians, on the other hand, can never believe that a driver is paying attention while backing up. Drivers often depend on their rear-view mirrors to direct them. At best, the mirrors have partial vision. As a result, it's best to be careful. When driving in reverse, motorists can always turn completely around. Mirrors should not be relied upon.

Pulling Out of the Driveway

The driveway may appear to be a safe haven for pedestrians, but it can be the scene of a fatal accident. Every day, and more than once a day, drivers pull out of their driveways. Most drivers don't check their hand, front, or rear-view mirrors before leaving the driveway because it's such a common occurrence. The motorist's unintended behavior can result in a catastrophic outcome for a pedestrian crossing at this precise moment.

Also, at low speeds (such as when pulling out of the driveway), vehicles can cause serious injury to vulnerable walkers. The vehicle's impact may strike a pedestrian, sweeping him or her under the carriage and, in some cases, the wheels. A pedestrian can lose limbs, have them broken, suffer head trauma, organ damage, spinal injuries, and even die.

Minors are particularly vulnerable to being hit by cars pulling out of driveways. Children can be victims if an unsuspecting driver fails to inspect their mirrors thoroughly before leaving the road due to their small size and fast movements.

A Pedestrian is knocked down by an unruly dog.

Dog owners who aren't in charge of their dogs could be to blame for serious collisions. Large dogs have a tendency to climb up on children and knock them down. A loose dog can even chase pedestrians, causing them to fall over and injure themselves. Although the dog may have caused the accident, the dog owner is responsible for his or her dog's behavior.

When a dog runs over or bites a pedestrian, the injured party must usually show that the dog owner was reckless. This may include proving that the dog's owner was aware or should have been aware that the dog posed a danger to pedestrians and did nothing to protect them.

However, whether the dog owner is breaking a municipal or state statute, any injury caused by the dog leaves them liable under negligence per se rules. This may include letting a dog off the leash in an area where leashes are prohibited or needed.

Injuries You Could Suffer in a Pedestrian Accident

And if you are struck by a slow-moving car, you are likely to suffer severe injuries. That is why the majority of pedestrian accident survivors suffer severe and life-threatening injuries. The following are some of the possible injuries:

Fractures of the bones.

When a car strikes you, the impact will most definitely be felt in your pelvis and thighs. This could lead to several bone fractures. Fractures can take longer to heal depending on the severity of the injury. It's also possible that you won't be able to perform routine tasks or return to work.

Various types of traumatic brain injury (TBI).

Since you have nothing to protect you when you hit the ground, you will suffer brain damage. Some brain injuries are temporary, while others are permanent, affecting the ability to function normally. TBI may have a negative impact on both your mental and physical health.

Harm to internal body organs.

A car collides with a pedestrian in a pedestrian accident. This means there's a better chance the internal organs will be harmed by the car's force. If the injuries are not treated right away, they may result in internal bleeding and even death.

Concussions and head injuries are common.

When you are struck, the impact is normally so great that you can sustain a serious head injury or a concussion. When you land, the vehicle will directly hit your head or throw you over to collide with an obstacle.

Accidents resulting in amputation.

Fractures of the bones can lead to severe blood vessel and tissue damage that is not treatable, resulting in limb amputation. This could happen at the scene of the accident or afterward after the doctors have assessed the damage and determined that there is no way to treat the injury effectively.

It may take a long time to recover from these injuries, and you may be permanently disabled as a result. You can experience psychological distress in addition to physical injuries. This makes it difficult to carry out daily tasks and enjoy life. Aside from the pain, these injuries come with high medical costs, which could be difficult for you to cover. As a result, it is only fair that the driver or a third party bear full blame if they were reckless. You would be able to get full compensation for your injuries with the assistance of an experienced California Pedestrian Accidents Lawyer.

Who's to Blame?

You should first ask who was at fault in the accident before deciding to file a complaint. This form of accident is mostly the fault of three parties. They are as follows:

The vehicle's driver

Many pedestrian injuries occur as a result of a driver's negligence or inattention. In these situations, the driver is held liable for any injuries or losses that arise. Even if you are partially to blame, the driver is still liable. In addition to filing a civil lawsuit, such drivers can be charged criminally with various counts of negligence and wrongful death if the pedestrian dies.

The pedestrian

It is your responsibility as a pedestrian to be cautious when crossing a street. Observe all pedestrian laws and traffic regulations. You can, for example, use walk lights and crosswalks. You can also avoid areas where foot traffic is prohibited, such as along highways. Failure to do so can make you liable for the accident you cause. You may also be held accountable if you were inebriated or disturbed.

Nature of the Accident

When an accident occurs, it is not always the responsibility of the driver or the pedestrian. Aspects of nature, such as the weather, also play a part. In poor weather, for example, visibility is limited, which means the driver can not notice the pedestrian in time to come to a complete stop. In certain situations, the driver, pedestrian, or nature are not to blame for the accident, but a third party is. A poorly built sidewalk, for example, can cause a pedestrian to trip and fall. In this situation, you have the option of filing a lawsuit against the party responsible for the sidewalk's construction.

After a Pedestrian Accident, What Do You Do?

The most important thing you can do if you've been struck by a car is to see a doctor. If you are badly hurt, call 911 or ask a friend or family member to do it for you. Even if you seem to be in good health, you should see a doctor because you may have internal injuries. As previously mentioned, even the tiniest of falls can result in the spine, back, or head trauma. As a result, it is advised that you see a doctor. Much like car accident victims, you can appear to be fine right after the accident, but the pain can worsen with time. If you don't seek medical help right away, your spinal cord and brain injuries could get worse.

Gathering knowledge is another thing you can do. As much information as possible should be documented or written down. The name of the driver, contact information, his/her passport, insurance details, the license plate number of the vehicle involved, and the contact information of any witnesses should all be noted. You may also use your cell phone to take pictures or film videos of the accident scene and vehicle information. It's also a good idea to photograph any injuries you've sustained. You can ask someone else to help you if you are unable to do any of these due to the seriousness of your injuries.

Furthermore, you should not apologize to the other party after the accident because the other party might use your words of apology against you. Don't mention the circumstances that lead up to the accident or say anything else that isn't absolutely important. Something you say could open the door for the other person to make a strong argument against you. The safest course of action is to contact your solicitor, who will advise you on what to do next.

It is up to the judge to determine who was at fault in personal injury cases. As a result, you should not admit fault, particularly if you are unsure who is to blame.

Recovering Damages

Pedestrian accident victims will bring a case against the group that caused the accident so that they can be compensated for all of the damage they caused. Non-economic and economic losses are the two types of damages. Present and future medical costs, recovery expenses, and current and future missed earnings are all examples of economic losses. Non-economic losses are the expenses you incurred that were not visible, such as emotional distress, failure to enjoy life, and pain and suffering. Non-economic losses are difficult to quantify, but their effect is covered by monetary compensation.

To maximize the chances of being paid, you must be able to show the negligence of a driver or another person. You must prove:

The responsible party owed you the moral duty of caution.
By being reckless, the responsible party violated the obligation.
Your accident was caused by the responsible party's negligence.

Personal injury lawsuits also include discussions between the claimant and the insurance company. Via their insurance policy, the responsible party is expected to compensate you for your injury expenses and any damages you suffered. The insurance company, on the other hand, can try to restrict the claim so that they just have to pay a smaller sum. Despite the fact that they seem interested, their main goal is typically to use tactics to reduce your payout.

As a result, if you want full compensation for your loss, you can include your California Personal Injury Attorney in these discussions. When negotiating with the insurance provider, a competent Los Angeles Personal Injury Attorney will know what tactics to use. In the absence of your Personal Injury Attorney, avoid speaking directly with the insurance provider or agreeing to any contract they can suggest.

The Statute of Limitations

Any survivor of a personal injury has a certain amount of time to file a compensation claim. Depending on the form of personal injury, the statute of limitations varies. After a pedestrian accident, you have two years to file a lawsuit. If you file it after the time limit has passed, you will be barred from pursuing a claim for compensation for your injuries, no matter how serious they are. The term of limitations in cases where a federal or city department is at fault is six months.

In a hit-and-run pedestrian accident

A driver who hits a pedestrian and then flees the scene of the accident is not uncommon. A driver who does so is in violation of California law VC 20002. He or she could face felony charges, which could result in a maximum term of six months in county prison or a fine of $1,000. If the driver is apprehended, you will make a lawsuit for damages, and they will be responsible for the medical bills. Your own insurance plan could pay you if the driver is not stopped or does not have insurance.

Someone You Know Was Wrongfully Killed in a Pedestrian Accident?

A pedestrian accident may result in the death of a family member or relative. Since the deceased is no longer alive, you will file a wrongful death lawsuit to keep the party responsible for the loss. Children, a domestic partner, or the deceased's spouse are among the family members who may file a lawsuit. Any member of the family who is legally entitled to inherit the deceased person's property may file the lawsuit.

Find A Pedestrian Accidents Lawyer in Los Angeles

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Everything About Pedestrian Accident Claims in California