Pedestrian accidents account for 9% of 334 car accidents a day, just within the state of California. Once involved in an accident, you may be asking yourself… Who is at fault? If I illegally crossed the street, does that mean I’m at fault? How much is my claim worth?” Pride Legal has got you covered with all the information you need to know about pedestrian accidents.
Who is at fault for the accident?
State laws are very generous towards pedestrians. Pedestrians must follow the right of way and obey all laws, but the law is extended to pedestrians to be able to walk through the street if there is no visible harm. In simpler terms, if a person wants to cross a road without any crosswalks, they may do so only if there are no cars on the road. A basic example of this is when you’re wanting to cross a road at night, you see no cars, so you cross the road. This is completely legal. It’s also important that the pedestrian could be able to prove that the driver had been negligent, by either speeding or not paying attention.
Although the road laws are very beneficial towards pedestrians, not all cases are so clean cut. The driver of the could be able to state that they did not have time to react whenever they saw the pedestrian crossing the road. If the person crossing the street didn’t look both ways when crossing, or knew cars were coming but just decided to dash through traffic anyway, this person would be at fault. The law still requires the pedestrian to use common sense and only cross when it is safe for both themselves and the drivers.
How much money can I get from a pedestrian accident?
If you had been injured due to someone’s negligence, you may be entitled to several types of compensation and special damages. Some compensation could include medical bills, prescription medication payments, loss of work, emotional distress, and in some cases attorney’s fees. Compensation would be awarded based on the amount of injury and how long you’d be out of work. Each case is different, so the amount will be different. The length of your treatment would play a large factor in gaining compensation. Things like hospital bills, prescription costs, and gas to the doctor would be covered easily. Calculating things such as pain and suffering is not. The insurance company will always want to pay out the lowest amount for their settlement, even if a person knows they deserve more.
If you believe the insurance company is not paying out enough, it’s time to hire a lawyer. Once you hire a lawyer, they would be handling the entire case. The insurance investigation would shut down and then become a civil court matter. This is where you and your attorney can negotiate to get the amount you want.
What is considered a pedestrian accident?
Pedestrian accidents involve more than just cars. There are several different causes that can be a pedestrian accident. Some accidents could involve being knocked to the ground while others involve more serious injuries. A pedestrian accident could occur when:
-A biker accidentally hits a person
-A fight on the street breaks out and you end up hurt somehow
-Kids fighting or throwing things
-Skateboarders colliding with pedestrians
-Opening a car door
All these things are considered pedestrian accidents. The pedestrian must be able to prove that the other person had been negligent, which is easy in most cases but difficult in some. They must prove that the other person had owed the pedestrian the right of way, had broken negligence, or has caused severe injuries to the pedestrian. Below, we break down a few common pedestrian accidents and what rights you have.
1. Uncontrollable dog
Dog owners must be able to control their dog when taking them out in public. For example, Kyle is walking down the street minding his business, and he sees a dog fighting their owner for their leash. The dog wins the tug of war, and jumps onto Kyle, causing Kyle to fracture his arm. This is a clear violation of Kyle’s rights, as the dog owner did not have control of their dog. Even if the dog owner insists that this is the first time the dog has ever done something like that, it doesn’t matter.
2. Jogging down the street
One of the more common injures to happen to pedestrians is caused by joggers on the sidewalks. Sometimes a jogger will be in their own zone running, not paying attention to the world around them until they hit into someone knocking them over. To add to this, if multiple people are blocking the sidewalk not allowing a biker to get through, the group of people would be liable for damages. There may not be any obstructions in the sidewalk, even if the obstruction is a line of people.
3. Mirror too close to the sidewalk
If a bus mirror or car mirror is too close to the sidewalk, causing injury, they would be in clear violation of California’s driving laws. An example of this is a bus coming to it’s stop to pick up its passengers, but was too close to the sidewalk, causing the side view mirror to hit someone.
4. Tripping and falling
This situation is a bit different. If a person is just walking along a normal road and happens to fall, it’s most likely their own fall. But let’s say that person was walking and there was construction nearby, and that person had slipped over a rock that the contractors forgot to clean up; the contractors would be in violation of the pedestrian’s rights. If a person falls in a restaurant with wet floors, the restaurant would most likely be liable. If they had clear markings and told people to stay away from the wet floor, the assumed liability would on the other people.
Contact Pride Legal
If you or a loved one has been involved in a pedestrian accident, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
