Pedestrian accidents don’t happen only when people cross the streets. What’ more, they don’t only involve walkers. The state of California sees a large influx of tourists on a yearly basis. But cities are filled with residents who enjoy a plethora of outdoor activities, usually close to areas with moving traffic, bikes or parked vehicles. Pedestrian accidents also include people who are jogging, on rollerblades or skateboarding. And crossings can occur at an intersection, crosswalk or elsewhere on the pavement.
Unfortunately, pedestrians lack protection in the event of an accident that involves a moving vehicle, motorbike or even slip-and-fall hazards. Injuries sustained can be serious or even fatal. The types of compensation that pedestrians may be entitled to include medical bills, pain and suffering, and loss of income.
Seeking Legal Advice
- Personal injury lawyers are the experts you should consult about compensation after a pedestrian accident. If a pedestrian accident was caused by negligent driving, the driver may be liable for the injuries or to compensate family members, in the event of a fatal injury. This is because, under Californian law, the driver owes pedestrians a duty of care, which is breached through negligence which causes injury or death.
- Pedestrians also have a right of way and under California Vehicle Code 21950. Drivers must yield right-of-way – at intersections or crosswalks.
- Any motorist who drives in a safety zone and hits a pedestrian will also be held accountable under the California Vehicle Code 21709. Even when a pedestrian is not in any of the above areas, if a driver was speeding, drove around a school bus, ran a stop sign, drove under the influence of a controlled substance, or committed any other such violation, he or she could be held liable. The attorneys at Moet Law represent not only pedestrians in this type of case but also others who may be otherwise entitled to compensation.
Course of Action
- Children, the elderly and people under the influence of alcohol run a higher risk for pedestrian accidents. But in urban areas, the risk increases across all age groups. Common injuries include serious head, neck and back injuries. Also, concussions and internal bleeding must be ruled out even if the pedestrian insists that they feel fine. Therefore, the most important thing to do is to seek medical attention so that a doctor can determine the absence or presence of injuries, and their extent.
- The name and contact information of the party that caused the injury should be noted, as well as their driver’s license, vehicle registration, and insurance information. Any witnesses to the event should also provide their details.
- A pedestrian should never admit fault or apologize. And, in the event of a lawsuit, the courts determine who was at fault. Municipal or government departments can also be found at fault if signage is poor or traffic lights fail to properly function.
According to data issued by the Governors Highway Safety Association (GHSA), 2018 saw the highest recorded pedestrian fatalities since 1990. These reached 6,277 countrywide, with 432 in California, which is the state with the highest number of pedestrian deaths. Experts associate this increasing trend to the rising number of SUVs on the roads as well as mounting distraction from smartphone usage.
After garnering the above information and associated medical report, the injured pedestrian or the relatives of someone who died should seek legal advice from an experienced personal injury lawyer. An experienced attorney will be able to deal with compensation claims, including compensation from the insurance company of the person who caused the pedestrian accident.
About Moet Law in Irvine and Ontario, California
Moet Law has an experienced team of personal injury lawyers that are available to best advise anyone on compensation due to them if they or their loved ones were involved in a pedestrian accident. Even though California law allows a claim to be filed for up to two years after a pedestrian accident, the faster the information is handed over to personal lawyers, the better the outcome.
