Updated: Jan 27
How To Handle The Consequences Of A Pedestrian Accident
Pedestrian accidents are one of the most dangerous road accidents in California. Naturally, you'll want to be focused on your recovery, but many expenses and challenges come with a recent accident. Knowing what to do when it unfortunately happens to you can help alleviate the stress of paying medical bills and getting rightful compensation from your insurance provider.
Pedestrian accidents can happen anytime a person walks near traffic, including parking lots, sidewalks, crosswalks, and other crossings. Many pedestrian accidents occur at night because walkers are difficult to notice in the dark. In addition, because pedestrians do not normally wear reflective or retroreflective clothing like bikers, a distracted or impaired driver or motorist can collide with them, even if they follow sidewalk laws.
What Causes Pedestrian Accidents In California?
There are numerous reasons for this. Except in rare circumstances, pedestrians have the right of way on sidewalks. It is the driver's responsibility to yield to pedestrians crossing the street legally.
Despite pedestrians' best efforts to cross at crosswalks and intersections and stroll on sidewalks and shoulders, pedestrians are frequently struck by irresponsible, inattentive, or drunk vehicles who fail to yield the right of way.
Here are a few scenarios:
The driver isn't paying attention to the road.
The driver is distracted by their phone.
Design flaws in crosswalks that ignore traffic flow.
Cars and bicycles refuse to yield to pedestrians.
Turning without looking both ways.
Speed limits are ignored.
Driving when intoxicated.
Pedestrian injuries are far more common in cities than in rural settings, but they can also occur on country roads. The optimum conditions for a severe collision include winding roads with low visibility and fast speeds.
Is it a Problem with the Crosswalk?
In some cases, the driver is not solely to blame for a pedestrian accident in California. The location of the crosswalk and the road design might also contribute to a pedestrian accident. Therefore, pedestrian safety must be taken into account by those who design and maintain public crosswalks. Those responsible will be held liable if they fail to do so and the crosswalk becomes dangerous.
In crosswalk position negligence claims, engineering firms and state governments may be named as defendants. A Top Rated Personal Injury Attorney In Los Angeles may be able to explain the complexities of your case to you.
Possible Injuries In A Pedestrian Accident
Pedestrians hit by cars might sustain catastrophic injuries. Pedestrian accidents are typically fatal because the human body cannot withstand the harm caused by a collision with a moving vehicle (no matter how minor compared to other types of crashes). In addition, thousands of pounds of metal will cause serious injuries, and you may suffer from one or more of the following:
Spinal cord injuries can cause paralysis or other loss of control.
Orthopedic injuries include broken bones and injuries to other parts of the musculoskeletal system.
Organ damage, as well as deep wounds (lacerations) and fractures (contusions).
Concussions and more serious traumatic brain injury (TBI) or coma are possible outcomes.
Dental or facial traumas can result in eye damage and eyesight loss.
Though vehicles are frequently responsible for pedestrian injuries, they are less likely to be hurt when they collide with one. Unfortunately, in these situations, the innocent pedestrian is the one who suffers the most severe injury. Scratches, scrapes, and bruises are almost always present. A victime might suffer from broken bones, concussions, internal bleeding, and even death.
How Can You Stay Away From Pedestrian Accidents?
Pedestrian accidents happen more often than you think. Taking extra care while you're walking in busy streets is going to come a long way.
Take the sidewalks whenever possible. If there isn't one, walk in the other direction of traffic flow, keeping as much distance as possible between you and the passing cars. This allows you to see where the vehicles are going and avoid being hit from behind.
Pay attention to what's going on around you. Stop using electronic devices while walking that take your eyes (and ears) off the road. Use crosswalks and designated lanes.
Cross in a well-lit place with a clear view of oncoming cars. Wait for a traffic break that will allow you to securely cross. Never assume a driver will notice you.
Wear bright attire during the day and reflective clothing at night. This is to make yourself as visible as possible.
Keep an eye out for cars pulling into or out of driveways, backing up, parking, or maneuvering through parking lots. You'll never know if a driver doesn't see you from their car mirrors.
Avoid drinking alcohol and other sensory-impairing substances. An impaired judgment while walking on busy streets can lead to unfortunate accidents.
How Can Drivers Stay Away From Pedestrian Accidents?
Always keep a lookout for pedestrians and remember that everyone is responsible for their own safety.
Use additional caution and slow down when driving in the dark, severe weather, or other difficult-to-see situations.
Even if you don't spot a pedestrian immediately, be ready to stop when turning or approaching a crosswalk.
Give way to pedestrians in crosswalks.
When drunk, intoxicated, or under the influence of drugs, never drive.
Stick to the prescribed speed restrictions, especially in pedestrian-heavy areas.
In school zones and communities where children may be present or playing in the street, slow down.
When driving in reverse, be extra cautious because pedestrians may be present.
Here's What You Should Do If You Get Into An Accident:
You may not know what to do next to protect your legal rights if you've never been in an accident before. Unfortunately, making errors can compromise your capacity to obtain total compensation for your losses.
You should, however, be on the right track if you follow the steps below:
Seek medical attention. Following a pedestrian accident, your safety should be your main priority. To assess the extent of your damage, you should get medical help as soon as possible. You'll keep track of your injuries as well. This report may prevent the insurance company from claiming that your injuries were caused by the accident or were not as severe as you claim.
Pay attention to doctor's advice. When a patient sticks to their treatment plan, several injuries heal faster and require less total care. In addition, you'll have a better idea of previous and future medical costs if you stick to the treatment plan your doctor recommends.
Everything you recall about the accident should be written down or recorded. Taking notes can be really beneficial. If the insurance claim ends up in court two or three years later, receiving a reference that refreshes your recollection regarding the accident's key components would be beneficial.
Gather any documents related to the incident. Create a folder or file to hold all accident-related documents. For example, gather hospital bills, receipts, photographs, witness names, and insurance provider letters or e-mails.
Obtain a copy of the accident report from the police. As soon as the crash report is ready, you can request a copy from the law enforcement department that attended to your crash.
Don't negotiate with insurance firms on your own. Insurance companies are businesses, and they will do all they can to save money, including spending it on you. Make sure you hire Top Rated Personal Injury Attorneys In Los Angeles, so you don't end up agreeing to unreasonable settlements.
Never bring up the case in front of others or on social media. Making any public statements now could jeopardize your case. In addition, you can assume that your insurance company has access to (and reads) everything you write on the internet. Therefore, avoid discussing or sending pictures or comments regarding your case. In general, you should avoid using social media until your case is wholly decided.
To avoid doing or saying the wrong things, hire one of our pre-screened California Personal Injury Lawyers. Your attorney can negotiate with insurance firms, do independent investigations, and represent you in a Personal Injury Claim.
Do I Have a Case Under California Law?
California's personal injury laws can be complicated. Understanding how "negligence" is defined under California law can be beneficial, whether you face a substantial medical bill following an accident or simply need assistance understanding your legal choices.
If you've been hurt in a pedestrian accident, you may be unsure where to turn or where to begin. When it comes to getting reasonable compensation for medical costs, lost jobs, disability, and other expenses, you might not know where to start. If, on the other hand, your injuries were caused by the negligence of another person or organization, you may be entitled to file a personal injury claim to be paid for your financial losses.
The Role of Negligence in Pedestrian Personal Injury Claims
The fundamental principle in defining "negligence" is the failure to exercise prudence. To win a personal injury lawsuit, the plaintiff and their pedestrian accident lawyer in California must show that the defendant was negligent to the extent where the victim suffered losses due to it. Therefore, it's critical to highlight the breach of duty of care and offer a complete analysis of all losses incurred as a result of the breach.
One of the most critical aspects of obtaining the most reasonable compensation or payment damages is proving the other parties' responsibility in the claim. For example, in most pedestrian accidents and personal injury lawsuits, your legal team will have to prove the defendant's negligence.
As you and your California Personal Injury Attorney work on your claim, your lawyer will be able to clarify and enlighten you about any aspects of your case that may be difficult to understand. For example, one of these challenges is predicting liability/responsibility in the circumstances involving many defendants.
When There Are Multiple Parties To Blame
It is not uncommon for many parties to be held liable in a personal injury case. While this may make discussions more difficult and necessitate more time spent gathering evidence, the court is ultimately responsible for determining how much each listed defendant is liable for the plaintiff's losses.
Your experienced California Personal Injury Attorney must demonstrate that each defendant identified in the lawsuit bears some blame.
For example, multiple motorists or a company that installed improper crosswalks could be named as defendants. Your attorney will describe how each defendant in your case will be held responsible for their role in the accident.
This is what happens if your case gets to trial and the court determines that all of the defendants are guilty or accountable on various levels.
In that case, the defendants are accountable for compensating the victim. During settlement negotiations, these multiple defendants are likely to negotiate amongst themselves to determine their blame percentages.
What Damages Am I Entitled To Recover?
For personal injury claims in California, there are two types of coverage: economic and non-economic damages.
The term "economic damages" refers to financial losses. Others have referred to it as "out-of-pocket" spending. Some instances are as follows: