Pedestrian accidents routinely result in serious injuries and even death. The consequences can be devastating:
• Long-term pain and suffering, both physical and emotional;
• Mounting medical bills; and
• Lost wages and income.
Not to mention the tremendous amount of stress being injured in an accident can place on you and your entire family.
If you or a loved one was injured as a result of being hit by a car, truck, or any other vehicle, you may be entitled to file a personal injury claim to recover substantial compensation.
Common Causes of Pedestrian Accidents
Every motorist has a legal duty to drive responsibly, pay attention to the road, and look out for pedestrians. However, the most common causes of pedestrian accidents involve some form of negligence or inattention on the part of a motorist.
The most common causes of pedestrian accidents are as follows:
• Distracted driving;
• Disregarding a crosswalk;
• Disregarding a traffic signal or stop sign;
• Cellphone use;
• Driving Under the Influence of alcohol or drugs;
• Passing a stopped school bus; and
• Driving too close to a pedestrian or jogger
California Pedestrian Accident Laws
California pedestrian accident laws dictate who has the right of way at intersections and elsewhere on California roads. A pedestrian has the right of way at intersections where there are no traffic lights and when walking on crosswalks, both marked and unmarked.
Motorists have a responsibility to avoid hitting a pedestrian, especially when the pedestrian is in a crosswalk. Motorists also have to yield to pedestrians when entering or exiting a driveway, parking lot, or alleyway.
Pedestrians, on the other hand, must obey the rules of the road and traffic control signals. Pedestrians must also be cautious when crossing a vehicle’s path, and never assume that the vehicle will stop, even if the law says it must do so.
The law also says that pedestrians must yield the right of way to motorists (including cyclists) when crossing a road at any point other than an intersection and where there is no marked or unmarked crosswalk. Furthermore, a pedestrian must travel on the left side of the road, facing ongoing traffic, whenever walking on a road or highway with no sidewalk.
Compensation for Pedestrian Accident Injuries
A law-abiding pedestrian who is injured in a road accident because a motorist failed to obey the law, may file a personal injury claim to recover compensation for the physical, emotional, and financial damages they have suffered. Even if you were partially at fault for the accident in which you were injured, you may still be entitled to some compensation.
In order to succeed in a personal injury claim, a pedestrian who has been the victim of a road accident must not only prove fault on the part of the motorist who struck them, they must also demonstrate the damages resulting from the accident and their injuries. When successful, an injured pedestrian may recover the following damages from the at-fault motorist:
• Medical expenses;
• Lost wages and income;
• Compensation for pain and suffering;
• And other associated damages, both economic and noneconomic
However, to recover all the compensation you are entitled to receive, you may need the assistance of a personal injury lawyer who has experience handling pedestrian accident claims. This is especially true if fault for the accident is not clear, or when you share some fault for the accident.
What to do After Being Injured in a Pedestrian Accident
If you are involved in a pedestrian accident, here are some important steps that you should take to protect your right to compensation and to increase the likelihood of a successful personal injury claim against the at-fault motorist:
• Call 911 for the police and medical assistance for yourself and others;
• If you have suffered any injuries, go immediately to an emergency room and give them all of your complaints;
• Use your cellphone to photograph the scene of the accident, damage to the vehicle, and any visible injuries you have;
• Make sure that you get the names, phone numbers, and addresses of any witnesses;
• Do not admit any fault or guilt;
• Do not sign any statement or speak to any insurance adjuster or representative before getting legal advice; and
• Most importantly, call a reputable California personal injury attorney, like those at eAccidents, to represent you and protect your interests.
Contact an Experienced California Personal Injury Lawyer
Our experienced California personal injury lawyers help accident victims, and their loved ones, recover the compensation they deserve. If you or a loved one has been injured in a pedestrian accident in California, please call eAccidents today at 844-400-0123 or visit our contact page to arrange a free consultation. We charge no fee unless we recover compensation on your behalf.