Automobiles and pedestrians frequently cross paths in California, and state laws provide that pedestrians have the right of way in marked and unmarked crosswalks. Unfortunately, California’s pedestrian laws do not always prevent accidents from happening in crosswalks or other locations. If you or a loved one has been injured in a pedestrian accident, an attorney with pedestrian accident experience can help with your personal injury claim.
The San Diego personal injury lawyers at CaseyGerry represent clients who have been injured in pedestrian accidents. We know that these accident injuries can be catastrophic, and compensation from a personal injury claim can help you and your family get back on your feet. Our law firm is San Diego’s oldest and most experienced personal injury firm. We have spent more than 70 years advocating for clients who have been injured or lost loved ones in accidents caused by someone else’s fault.
Pedestrian accidents occur in many ways and for many reasons. Some of the most common causes and factors include the following:
Speed is frequently a factor in pedestrian accidents. Speeding drivers have more difficulty seeing and stopping for pedestrians than drivers who proceed with caution and obey the speed limit.
All distractions that take the driver’s eyes and concentration off the road are dangerous, and smartphones are largely responsible for the increase in distracted driving accidents. When drivers send and receive text messages and emails while driving, their eyes are off the road for several seconds at a time, making it difficult to observe pedestrians in the roadway.
Drivers can be impatient and aggressive, especially if they are in a hurry and do not want to wait for pedestrians to cross the street. Sometimes drivers will speed up to try to move through the intersection before the pedestrian gets there or will fail to give enough space when passing a pedestrian. Aggressive driving when pedestrians are present can lead to serious accidents and injuries.
Thousands of accidents occur every year involving intoxicated drivers. When a driver’s judgment is impaired by drugs or alcohol, driving mistakes are common, and pedestrians are often injured as a result. Evidence of a driver’s intoxication can be used to show the driver’s negligence and reckless conduct to strengthen the plaintiff’s case.
In California, crosswalks run from corner to corner, whether or not they are marked. Unmarked intersections are often the site of pedestrian accidents because drivers forget to look for pedestrians and may not realize that they have the right of way.
The operators of buses, trolleys, and other types of public transportation are responsible for being conscious of people on the inside of their vehicles and outside as well. Bus and trolley accidents often occur when the driver begins to pull away before a passenger has had a chance to exit the vehicle safely or when drivers fail to see pedestrians crossing in front of the vehicle.
Pedestrian accidents are not limited to collisions with automobiles. As electric bikes and scooters become more popular, accidents occur more frequently. Electric bikes and scooters can operate at high speeds, and pedestrians often suffer significant injuries when they are involved in a collision.
One or more parties may be liable for pedestrian accident injuries and damages. Drivers, government entities, and drivers’ employers are common defendants in pedestrian accidents. In general, an employer is responsible for its employees’ actions, so if the driver was working at the time of the accident, his or her employer might be responsible.
California’s rideshare accident laws are complicated, and depending on case-specific facts, if you were struck by an Uber or Lyft vehicle, the rideshare company or the driver may be responsible. If you were struck by a bus or other public transportation vehicle, a city or other government entity might be the defendant in your personal injury claim.
Defendants in pedestrian accident claims often defend their cases by arguing that the pedestrian was to blame for the accident. Even if you were partially at fault for the accident, however, you may still be entitled to compensation. If a judge or jury finds that you were partly at fault for your accident, your personal injury award will be reduced by your portion of fault. For example, suppose your injuries and damages were $100,000, and at trial, it was determined that you were 20% at fault and the defendant was 80% at fault for the accident. In that case, your compensation would be reduced by 20%, and you would recover $80,000.
Personal injury claims are subject to strict filing deadlines, especially if your claim involves a government entity. If you miss the filing deadline, you may lose your right to collect compensation from the responsible parties. If you were injured or lost a loved one in a pedestrian accident, an attorney can help preserve your claim and secure the compensation that you deserve. Contact a pedestrian accident attorney at CaseyGerry to schedule a free consultation and case evaluation.