Updated: Apr 22
How Victims Should Handle Pedestrian Accident Claims In California
Pedestrian vehicle accidents can occur anywhere an individual walks near traffic– parking lots, sidewalks, crosswalks, and other intersections. Since pedestrians are difficult to see in the dark, many pedestrian incidents occur at night. People who are walking do not typically wear reflective or retroreflective clothing like bicyclists, and a driver or motorist who is not paying attention can crash into them, even when said pedestrian is abiding by sidewalk laws.
That said, let's talk about all the legal aspects of California personal injury laws and pedestrian car accidents, as they would be handled by a prescreened Pedestrian Accident Attorney in Los Angeles.
Why Does It Happen?
There are many causes. Pedestrians will usually have the right of way on sidewalks, except in rare cases. The driver of the car is responsible for yielding to pedestrians who are crossing the street legally.
Pedestrians are all too often hit by reckless, distracted, or drunk drivers who fail to allow the right of way, despite a pedestrian's best attempts to cross at crosswalks and intersections and walk on sidewalks and shoulders.
Here's a couple of scenarios:
The driver wasn't paying enough attention outside of his immediate path
The driver is preoccupied with a smartphone
Flawed crosswalks design that doesn't consider traffic flow and etc.
Motor vehicles and bicycles refusing to give way to pedestrians at crosswalks
Turning without looking both ways at intersections
Ignoring speed limits
Driving under the influence
Pedestrian injuries are much more common in towns than they are in rural areas, but they can also happen on country roads. Winding roads with poor visibility and high speeds provide the ideal conditions for a severe collision.
Is it a Crosswalk Issue?
In certain situations, the driver is not the sole cause of a pedestrian vehicle accident. A pedestrian accident can also be caused by the position of the crosswalk and the road design. Pedestrian protection must be considered by those who plan and maintain public crosswalks. If they fail to do so and the crosswalk becomes dangerous, those responsible will be held liable.
Engineering companies and state authorities may become potential defendants in crosswalk position negligence cases. A California Personal Injury Attorney might be able to tell you the complicated details of your case.
Pedestrians who are hit by cars can suffer serious injuries. Since the human body cannot sustain the damage sustained by a collision with a moving vehicle (no matter how relatively small it is compared to other types), pedestrian vehicle accidents are often fatal. The effect of thousands of pounds of metal will result in serious injuries, and you might sustain one or more of the following:
Paralysis or other loss of control due to spinal cord injuries
Broken bones or injury to other areas of the musculoskeletal system are examples of orthopedic injuries.
Deep wounds (lacerations) and fractures (contusions), as well as organ damage
Concussions and more serious traumatic brain injury (TBI) or coma (or other head injuries)
Eye injuries and vision loss may occur as a result of dental or facial injuries.
Though drivers are often to blame for pedestrian injuries, they are less likely to be injured as a result of colliding with a pedestrian.
Unfortunately, the innocent pedestrian is the one who suffers the most severe injury in these circumstances. Almost always, there are scratches, scrapes, and bruises. Broken bones, concussions, internal bleeding, and even death are all possible outcomes.
How Can You Avoid It?
Always take the sidewalks