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On average, more than one crash-related pedestrian fatality occurs every 1.5 hours, according to the Centers for Disease Control and Prevention. In 2023 alone, there were approximately 7,318 pedestrian traffic-related deaths in the United States, with 1,057 of those deaths occurring in California. In an accident, pedestrians are far more likely to suffer catastrophic injuries or deadly consequences, which is why these types of incidents are so terrifying. Unfortunately, many of these accidents are due to driver oversight or carelessness, but there are often other factors at play. If you were injured in a pedestrian accident, a California pedestrian accident attorney from BD&J can help protect your rights and future.
What Are Pedestrian Traffic Accidents?
Pedestrian accidents happen every day, but to file a valid claim for a pedestrian accident, you must be able to prove that someone was liable for your accident. The proof of liability, or “duty of care”, will show that the person who ultimately injured you was responsible for exhibiting care while driving and that they were not doing so at the time the accident occurred. In short, you must prove that the driver who caused your accident was negligent or made a mistake.
A few common causes of pedestrian accidents include:
- A driver maneuvering under the influence of drugs or alcohol.
- Poorly marked crosswalks that force pedestrians onto the street.
- An aggressive driver who is speeding or engaging in reckless driving.
- A driver who is distracted while on the road, possibly eating, looking at their phone, fiddling with the radio, and so on.
- Unclear traffic signs or signals that cause drivers and pedestrians to mistakenly go or fail to notice oncoming traffic. By law, pedestrians must also show a duty of care for their own safety. If a pedestrian is intoxicated, fails to abide by traffic laws, or jaywalks, he or she may be found partially at fault for the incident.
How Common are Pedestrian Accident Injuries?
A pedestrian on the street is no match for cars that can weigh anywhere between 2,500 to 6,000 pounds. Pedestrian accident injuries are very common, and they can be particularly painful for vulnerable individuals who are walking on the street. A few common pedestrian accident injuries include:
Head Injuries
Head injuries range from concussions to traumatic brain injuries. These can have permanent or long-term effects on memory, cognitive function, and overall brain health.
Fractures and Broken Bones
These injuries can affect the legs, arms, ribs, or hips and may require significant medical treatment and weeks of rehabilitation.
Spinal Cord Injuries
Spinal cord injuries can be serious and lead to partial or complete paralysis, affecting independence and mobility.
Internal Injuries
The force of impact during a pedestrian accident can cause significant damage to internal organs, leading to internal bleeding and other life-threatening conditions.
Lacerations and Bruises
While lacerations and bruises are typically less severe than other injuries, they can lead to infections and other complications if not treated properly.
Psychological Injuries
The trauma of being involved in an accident can have lasting effects, including emotional distress, depression, and post-traumatic stress disorder. These impacts can last for weeks, months, and even years.
Who Could Be Liable in a Pedestrian Accident?
As previously stated, the vehicle driver is most likely the liable party in a pedestrian traffic accident. However, depending on the circumstances, other entities might also be responsible. These liable parties may be:
- Local government – If the pedestrian was injured because the crosswalk lights were broken, the sidewalk was poorly lit, or the crossing sign was obscured, the party responsible for maintaining the road (usually a local government) could be liable for the crash.
- Vehicle manufacturer – If the vehicle malfunctioned, causing the driver to crash and harm the pedestrian, the vehicle manufacturer might be liable. Because each case is unique, it is extremely important to discuss the specifics of your accident with an experienced California pedestrian injury attorney.
Who is liable for your accident? Call BD&J to learn more about your claim!
Can a Pedestrian Be Found at Fault for Their Accident?
Yes, there are some factors that can hold pedestrians to some degree of fault for their accident. However, it is important to remember that while fault can affect the compensation amount for damages, this doesn’t completely prevent compensation from being recovered. A pedestrian may be found at fault for an accident if:
- Crossing the street while the crossing signal is not activated
- Jaywalking, or purposefully crossing the street outside of a marked crosswalk, when it is not safe to do so
- Walking while under the influence of drugs or alcohol
- Walking in areas where pedestrians are prohibited, such as along a highway
Frequently Asked Questions
What Damages Can Pedestrians Recover?
The potential damages your pedestrian accident lawyer can help you recover include past and future medical expenses, lost wages, pain and suffering, physical rehabilitation costs, pain and suffering, and property damages.
Can I Still Obtain Compensation if I was Partially at Fault for My Accident as a Pedestrian?
Yes! California is a comparative negligence state, which means that people who had some degree of fault in an accident that caused their injuries can still obtain compensation. Your compensation amount would be reduced by the percentage of fault you are found to have.
How much is your claim worth? Speak to a pedestrian accident attorney in California today to learn more!
What Do I Do if the Driver Who Hit Me Drove Away?
If you are struck by a driver who leaves the scene immediately, try to capture as many identifiable photos as possible of their vehicle and their physical description. Call the police to file a report and see if there were any witnesses around who may have captured something through a dashcam or by taking their own photos or videos. Seek medical treatment for any injuries from the accident.
How Can a California Pedestrian Accident Attorney from BD&J Help My Claim?
After going through a pedestrian accident, you may be left overwhelmed and with painful injuries. Going through the legal hurdles of holding drivers liable for your injuries doesn’t have to be something you do alone. A California pedestrian attorney from BD&J can help file your claim, collect evidence, interview expert witnesses, negotiate a settlement, and represent you through the claims process as needed.
Do I Have to Pay Anything Upfront to Work with BD&J?
No! We work on a contingency fee structure. This means that we cover all upfront costs to get your claim moving, deducting attorney compensation from your final settlement amount. This means no fees until we win* your case.
Stuck with outrageous expenses after an accident? Contact BD&J to schedule a consultation.
What if My Loved One Died from Injuries Sustained in a Pedestrian Accident?
If you have lost a loved one due to the severity of injuries sustained in a pedestrian accident, you don’t have to go through the legal battle of justice alone. Talk to a wrongful death attorney in California from BD&J to learn about your eligbility in filing a claim.
California Pedestrian Laws
Failure to follow California pedestrian laws can result in fines and affect liability in the event of an accident. To prevent accidents, both pedestrians and drivers should exercise caution and be aware of each other’s presence. Here are some of the pedestrian laws currently in place in California:
- Crosswalks: Even if a crosswalk isn’t marked, it’s still considered to be present at intersections. You must give way accordingly in such situations.
- Right-of-way: Pedestrians typically have the right-of-way at marked intersections and crosswalks. As a result, drivers must yield to any pedestrian crossing the road at these points.
- Walking on roads: If a sidewalk is not available, pedestrians should walk facing the traffic flow and keep as far left as possible.
- Traffic signals: Anyone crossing the street should obey traffic signals and only cross at designated pedestrian signals when it’s safe to do so.
- Prohibited areas: Some areas of California’s roadways, such as highways and freeways, are off-limits to pedestrians.
How To Stay Safe as a Pedestrian
Just because pedestrian accidents are common, doesn’t mean you can’t practice safety while out and about. Common safety tips for pedestrians include:
- Stay on the sidewalk. Sidewalks are the key path for pedestrians.
- Avoid jaywalking when cars are coming. It may be tempting to jaywalk or run across the street to get to your destination quickly, but waiting to get to a marked crosswalk is essential for pedestrian safety. If no marked crosswalks are available, jaywalking is legal. However, pedestrians are still expected to cross safely.
- Avoid distractions. Blasting music from your earphones or looking down at your phone while you walk can cause you to be distracted from any sudden moments of danger.
- Look left-right-left before crossing. There’s a reason this is taught to younger kids today. Looking both ways before you cross allows you to see that all motorists have come to a complete stop, and it is safe for you to cross.
While you can take all the preventative measures to be safe as a pedestrian, accidents can still happen due to another driver’s negligence. Speak with a California pedestrian accident attorney from BD&J to learn if you have a claim.
Choose Dedicated California Pedestrian Lawyers from BD&J Today
Our experienced team at BD&J can assess your situation, determine the cause of your accident, and gather information to support your claim and hold the liable party responsible for the damage they caused. We have ample experience fighting for the rights of injured victims and their families, and we’ve recovered more than $2 billion* in verdicts and settlements. If you think you have a case, contact a member from our team available 24/7 to schedule your free consultation.
