California Pedestrian Accident Attorneys
Put Decades of Experience in Your Corner
Pedestrians are vulnerable in an accident with a motor vehicle. Even the most careful and prudent driver can make a mistake that harms a pedestrian. When this happens, the walker can be injured and traumatized. In the worst cases, on-foot travelers are killed.
No matter what the outcome, the pedestrian will likely be left with significant medical bills, lost wages, and emotional trauma. That’s where The Zalkin Law Firm, P.C. steps in. We have decades of experience representing Californians in injury cases.
To schedule a free consultation with our team, call (800) 477-2989 today.
Who Is Liable in a Pedestrian Accident?
In most cases where a car hits a pedestrian, the driver is responsible for the damages. Drivers have a duty to exercise reasonable care while operating a vehicle. Pedestrians, on the other hand, have the right of way in many situations, such as at crosswalks or when using a sidewalk. If a driver fails to pay attention to their surroundings or breaks a traffic law, such as speeding or running a red light, they may be held liable for any damage or injuries they caused.
However, a property owner could also be at fault. Inadequate signage, faded or missing lines, and faulty parking lot designs can all contribute to a dangerous environment. Businesses have a responsibility to prevent such problems from occurring. They exist for the sole purpose of serving customers, so they have a legal obligation toward the public’s care, even if pedestrians are just passing through.
Common Causes of Pedestrian Accidents
- Speeding
- Failure to yield
- Following too closely
- Texting while driving
- Driving under the influence
Pedestrian Accident Statistics
Pedestrian accidents cause more fatalities than any other type of car accident. In fact, pedestrians are over 200 times more likely to be killed in an accident with a motor vehicle. The forces involved in an accident with a vehicle are much greater for a pedestrian than for the driver.
The following statistics come from the California Highway Patrol:
- 13% of all traffic fatalities are pedestrians
- 4% of all traffic accidents involve a pedestrian
- 70% of all traffic fatalities involving a pedestrian are fatal
- 75% of all fatal traffic accidents involving a pedestrian occur at night
- 80% of all fatal traffic accidents involving a pedestrian occur in urban areas
Common Injuries Pedestrians Sustain in an Accident
Pedestrians are at a higher risk of injury when they are involved in a vehicle accident.
In such cases, pedestrians commonly suffer:
- Broken bones
- Severe bruising
- Internal injuries
- Spinal cord injuries
- Traumatic brain injury
- Severe cuts and scrapes
Such injuries can result in long-term physical and emotional damage, and they create a financial strain on victims. Along with physical damage, victims must also deal with medical bills and lost wages.
If you’ve been in a pedestrian accident, seek medical treatment immediately, even if you feel fine at that moment. Then, reach out to us for legal assistance.
Do Pedestrians Always Have the Right of Way?
In general, pedestrians do not always have the absolute right of way, but there are specific situations where they are given priority over vehicles. The rules can vary by jurisdiction, but there are some common principles found in most traffic laws:
- Crosswalks: Pedestrians typically have the right of way at marked crosswalks and unmarked crosswalks at intersections. Vehicles must yield to pedestrians crossing the street within these designated areas.
- Intersections: At intersections with traffic signals, pedestrians must obey traffic control devices, such as "Walk" and "Don't Walk" signals. They have the right of way when crossing with a green light or walk signal.
- Sidewalks and Driveways: Drivers must yield to pedestrians on sidewalks when entering or exiting driveways, alleys, or parking lots. Pedestrians have the right of way in these situations.
- Pedestrian Overpasses and Underpasses: When a pedestrian overpass or underpass is provided, pedestrians should use it instead of crossing at street level. However, when crossing is allowed at street level, vehicles must yield.
- Jaywalking: Pedestrians crossing the street outside of crosswalks (jaywalking) do not have the right of way and must yield to vehicles. However, drivers still have a duty to exercise due care to avoid colliding with any pedestrian.
- School Zones and Residential Areas: In school zones, near playgrounds, and in residential areas, drivers should be especially cautious and yield to pedestrians, as children and others may be present and potentially less cautious.
- Special Circumstances: Pedestrians with disabilities, such as those using guide dogs or white canes, are often given special consideration and have the right of way in many situations.
While pedestrians have the right of way in many scenarios, they also have responsibilities, such as not suddenly leaving a curb and stepping into the path of a vehicle that is too close to stop safely. Both drivers and pedestrians must exercise due care to avoid accidents.
Understanding these rules helps ensure safety for both pedestrians and drivers, reducing the risk of accidents and injuries on the road. If you have questions about your pedestrian accident case, contact our firm today to schedule a consultation.
Compensation You Could Receive in a Pedestrian Accident Personal Injury Claim
If you've been involved in a pedestrian accident, you may be entitled to compensation for a range of damages. Such damages include medical bills, lost wages, property damage, and pain and suffering. Calculating these damages can be complicated, and the amount of compensation you receive depends on the specifics of your case. Factors like the severity of your injuries, the extent of the other party's negligence, and your lawyer’s skill can all affect the final outcome.
By pursuing the compensation you're entitled to, you can start to rebuild your life and move forward with confidence. We have won countless cases for people who have been hurt by another’s negligence, and we may be able to do the same for you.
Our team is here to help you get the compensation you need in a pedestrian car accident. If the accident resulted in death, we can also help with a wrongful death suit. To meet with our lawyers in California, contact us online.
