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Pedestrian Accidents in California: Can You Sue A Driver?

Find A California Personal Injury Lawyer for Pedestrian Accidents

Despite pedestrians' best efforts to cross walkways, intersections, and sidewalks, pedestrians are frequently struck by irresponsible, inattentive, or drunk vehicles who fail to yield the right of way. If you have been injured in a Pedestrian Accident in California, you should call a Personal Injury Attorney right away.

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What Counts As A Pedestrian Injury Case?

Pedestrian accidents can happen anytime a person walks near traffic, including parking lots, sidewalks, crosswalks, and other crossings. In addition, many pedestrian accidents occur at night because walkers are difficult to notice in the dark.

Because pedestrians do not normally wear reflective or retroreflective clothing like bikers, a driver or motorist who does not pay attention can collide with them, even if they follow sidewalk laws.

In some cases, the driver is not solely to blame for a pedestrian accident. The location of the crosswalk and the road design might also contribute to a pedestrian accident. Therefore, pedestrian safety must be taken into account by those who design and maintain public crosswalks.

In crosswalk position negligence claims, engineering firms and state governments may be named as defendants. Again, a California Personal Injury Lawyer may be able to explain the complexities of your case to you.

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Some Common Injuries Caused By Pedestrian Accidents

Pedestrians hit by automobiles might sustain catastrophic injuries. Pedestrian accidents are typically fatal because the human body cannot withstand the harm caused by a collision with a moving vehicle (no matter how minor compared to other types of crashes). In addition, thousands of pounds of metal will cause serious injuries, and you may suffer from one or more of the following:

  • Spinal cord injuries can cause paralysis or other loss of control.

  • Orthopedic injuries include broken bones and injuries to other parts of the musculoskeletal system.

  • Organ damage, as well as deep wounds (lacerations) and fractures (contusions).

  • Concussions, other head injuries like traumatic brain injury (TBI), or coma are possible outcomes.

  • Dental or facial traumas can result in eye damage and eyesight loss.

Though vehicles are frequently responsible for pedestrian injuries, they are less likely to be hurt when colliding with one. Unfortunately, in these situations, the innocent pedestrian is the one who suffers the most severe injury. Scratches, scrapes, and bruises are almost always present. Broken bones, head injuries, internal bleeding, and even death could be the result.

How Can You Avoid Pedestrian Accidents?

Take the sidewalks whenever possible. If there isn't one, walk in the other direction of traffic flow, keeping as much distance as possible between you and the passing cars. This allows you to see where the vehicles are going and avoid being hit from behind.

Pay attention to what's going on around you.

  • Stop using electronic devices while walking that take your eyes (and ears) off the road.

  • Cross in a well-lit place with a clear view of oncoming cars.

  • Wait for a traffic break that will allow you to cross safely. Never assume a driver will notice you.

  • Wear bright attire during the day and reflective textiles or a torch at night to make yourself as visible as possible.

  • Keep an eye out for cars pulling into or out of driveways, backing up, parking, or maneuvering through parking lots.

  • Avoid drinking alcohol and other sensory-impairing chemicals while walking.

How Can Drivers Avoid Pedestrian Accidents?

  • Always keep a lookout for pedestrians.

  • When driving in the dark, severe weather, or other difficult-to-see situations, use additional caution and slow down.

  • Even if you don't spot a pedestrian immediately, be ready to stop when turning or approaching a crosswalk.

  • In crosswalks, give way to pedestrians. Slow down even if you don't see any; there could be persons crossing the street who aren't visible to you.

  • When drunk, intoxicated, or under the influence of drugs, never drive.

  • Stick to specified speed limits, especially in places with a lot of pedestrians.

  • In school zones and communities where children may be present or playing in the street, slow down.

  • When driving in reverse, be extra cautious because pedestrians may be present.

Can I Sue For My Pedestrian Accident Injuries in California?

California's personal injury rules are simple and basic. However, understanding how negligence is defined under California Personal Injury Laws can be beneficial, whether you are facing a huge medical bill following an accident or simply need assistance understanding your legal choices.

california lawyer for accidents

If you recently sustained injuries in a pedestrian accident, you may be unsure where to turn or where to begin. When it comes to getting reasonable compensation for medical costs, lost jobs, disability, and other expenses, you might not know where to start. If, on the other hand, your injuries were caused by the negligence of another person or organization, you may be entitled to file a personal injury claim to be paid for your financial losses.

What Do You Need to Prove to Win a Personal Injury Claim?

The key principle in defining "negligence" is the failure to exercise care. To win a Personal Injury Lawsuit in California, the plaintiff and their hired attorney must show that the defendant was negligent to the extent where the victim suffered losses as a result of it. Therefore, it's critical to highlight the breach of duty of care and offer a complete analysis of all losses incurred due to the breach.

One of the most critical aspects of obtaining the most reasonable compensation or damages is proving the claim that it's the other parties' responsibility. In most pedestrian accidents and personal injury lawsuits, your legal team will have to prove the defendant's neglect.

As you and your Pedestrian Accident Lawyer work on your claim, your lawyer will be able to clarify and enlighten you about any aspects of your case that may not be easy to understand. One of these challenges is predicting liability/responsibility in the circumstances involving many defendants.

Find A Pedestrian Accidents Attorney in California

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