fbpx

Pedestrian Accident

Table of Contents

If you have been injured while jogging or walking by an auto accident, you are a victim of “pedestrian accident”.

Rated as the most dangerous place for pedestrians in two years in a row, Los Angeles County has seen hundreds of Pedestrian Accidents. Reports show, 71% of the pedestrian fatalities take place at night or dawn/dusk owing to low visibility. There has been an increase at 51% since 2009 for pedestrian accidents, 17% of which are fatalities, according to the Insurance Institute for Highway Safety (IIHS).

Jonny Law is one of the top pedestrian accident lawyers and can help you earn maximum compensation for the injuries and deaths caused by negligent drivers.

Pedestrian accidents have been on the rise in California especially in the major cities. There are many more people outside walking, either to get to work, school, exercising, shopping, just for fun, or just being outside. In today’s day and age, walking is seen as a healthy and positive activity. However, California has some startling statistics:

The list goes on and on regarding startling statistics.

Pedestrian accidents are different from car accidents. Pedestrian accidents are much more often catastrophic and even fatal. Coupled with serious injuries, victims of pedestrian accidents many times have to deal with very high medical bills, lost income, and serious pain and suffering. 

Our California pedestrian accident attorneys are here and ready to discuss your case with you and help you understand what legal recourse you have. If another persons negligence caused you to have serious injuries as a result of a pedestrian accident, it is your right to have entitlement to compensation.

Multiple who are victims of pedestrian accidents don’t know what to do after they get into such an accident. At Jonny Law, we want to help you to have the resources you need in order for you to get the recovery that you deserve.

Laws Pertaining to Pedestrian Accidents

There are many rules in California that are in place in order to protect pedestrians. These roles help guide the public where pedestrians can legally walk without getting in traffic’s way. For example, according to the basic pedestrian law, Vehicle Code Section 21950, “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection…” “This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.” Because of these intricacies, it’s important to hire a competent Los Angeles crosswalk accident attorney if you or a loved one has suffered an injury as a pedestrian in an auto accident.

There are many important examples of laws that apply to pedestrians. Here are some of the most significant:

  • Vehicle Code 275: defines a crosswalk,
  • Vehicle Code 467: defines a pedestrian 
  • Vehicle Code 21456: explains when pedestrians can cross a street with a crossing light Vehicle Code 21966: dictates where pedestrians can walk
  • Vehicle Code 21950: discusses to pedestrians crossing a crosswalk
  • Vehicle Code 21952: explains driveway pedestrian situations
  • Vehicle Code 21954: explains when pedestrians may be required to yield right-of-way to vehicles
  • Vehicle Code 21955: discusses crosswalks at intersections
  • Vehicle Code 21970: prohibits drivers from blocking crosswalks

Why Are Pedestrian Accidents on the Rise?

One of the reasons that there has been a rise and pedestrian deaths It’s because drivers and pedestrians are using a cell phones, texting, and answers for media while they are driving and walking. Therefore, there are more easily distracted. Another reason is that it has become much trying to air to walk, so people are walking much more often, based on the risk of being hit by a car. Various speeds of vehicles are typically higher, which can lead to more pedestrians being struck. Moreover, people are walking more because they’re concerned about the environment year and lowering the amount of carbon emissions. A few of the most common examples are as follows:

 

 

Distracted Driving

One of the biggest causes of auto accidents today in general is distracted driving, including but not limited to using the cell phone while a person is driving. Often times, people will be on the cell phone to try and check where they’re going. However, the cell phone has become a serious addiction where people are often checking social media while driving. This is a major cause of pedestrian accidents today.

Drunk Driving

About 28 people die every day in the United States due to drunk driving crashes. This is about one hour and 52 minutes. These deaths are entirely preventable, however it is a reality today. In 2019, approximately 10,142 people died in drunk driving crashes. (NHTSA)

Speeding

Obviously, the faster than a car is traveling, the more likely that a person will be entered or be killed. This is even according to literature. However, even when cars are driving at relatively low speeds, there is still a substantial risk to pedestrians.

Driving at Night

Avast majority of pedestrian accidents occur at night. This is likely because pedestrians are more difficult to say, drivers are more tired, and they are more likely to be either rushing home or driving while intoxicated after visiting bars and the like. It’s estimated that three out of four pedestrian fatalities occur at night.

Legal options after a pedestrian accident?

Negligence is defined as the failure to act with the expected intensity of care that a reasonable person would show when placed under similar situation or circumstances. You’ll need to prove any of the following by a preponderance of the evidence to file a pedestrian accident lawsuit:

Duty: It is almost always the responsibility of the driver to act cautiously and extend reasonable care towards every pedestrians on the way. In case of any accident, the defendant will be obligated to act in a certain way towards the victim as ordered by the law.

Cause-in-fact: “but-for” causation is yet another common legal options where the victim needs to prove that the driver is liable for his or her injury.

Breach of duty: Here, the driver is proved how he or she failed to act with the required level of care. If a driver breaks a traffic law that injures a pedestrian, the court will automatically place under the legal theory called negligence per se.

Damages: In this, the victim has to prove how the accident caused them serious complications such as financial losses, bodily injury or significant damage to his or her property.

Proximate cause: In California, most pedestrian accident cases are recognised as foreseeable consequences of negligent driving.

Common injuries from the Pedestrian Accidents

What can you recover in the settlement?

Contact Us For Your Free Case Evaluation

Pedestrian Accident FAQs

Yes. Even though pedestrians have to exercise reasonable care, drivers and vehicles have to be extra careful because of their ability to easily cause significant injury or death. Drivers vehicles have to use a reasonable care in order to avoid accidents with pedestrians.

No. Even though a vehicle driver has to yield the right way to a pedestrian in the crosswalk, there are many instances where a pedestrian was suddenly run out into the street directly in a car path, negligently causing their own accident.

And uninsured/underinsured auto insurance policy Will likely provide insurance coverage for the injuries or death to you or a family member. Therefore, you should be able to recover damages to the amount of your uninsured/underinsured motorist policy.

In the state of California, if you’re an adult, you have two years from the date of the accident notify lawsuit, subject to limited exceptions. There are some situations where a person may be able to file based on delayed discovery, but you should not rely on this without speaking to an attorney. Also, if there is a public entity involved, then the claim must be brought within six months against the public entity. If a child was injured in the pedestrian accident, then they may have more time against a private individual, but not necessarily against a public entity. It is best to consult with an attorney in order to ensure that you have the correct airline information. Also, it’s a good idea to start a lawsuit sooner rather than later because evidence starts to stale and witnesses start to lose memory of how accidents occurred.

It is usually a good idea to hire an attorney for a pedestrian case because there are often times very complex ashes. Some of these issues include comparative fault, the nature and extent of injuries, actual causation of the injuries, if they were certain prior accidents that may have contributed to the current state of a persons well-being, etc. Also, you may need to retain an accident reconstructionist in order to help clarify the mechanics of the entry. Because these cases can be high value, it’s generally important to retain an experienced pedestrian accident attorney.

Between 90 to 95% of cases will settle before trial. However, it’s extremely important to prepare every case for trial, which is what we do at Jonny Law.

Why Hire Jonny Law for Your Pedestrian Accident Case

At Jonny Law, we understand the stress that pedestrian victims go through following an accident. This includes not only extreme pressure to themselves, but it’s also often a major burden to their families as well. Pedestrian accidents can be followed by extremely high medical bills, long periods where a person is unable to work, not including the enormous mental and emotional strain that they have to go through.

Our team has fight on behalf of these clients who are the unfortunate victims of pedestrian accidents or we have been able to obtain significant recovery for clients of these accidents.

REQUEST A FREE CONSULTATION

Fill out the form below to receive a free and confidential consultation.

Office Locations

Call Jonny Law
en_USEnglish