California Pedestrian Accident Lawyer

Pedestrian Accidents 

When pedestrians share the roadway with motor vehicles, accidents are inevitable. Unfortunately, in an accident involving a pedestrian and a negligent driver, the pedestrian is often seriously or fatally injured. According to the U.S. Department of Transportation, there were nearly 4,800 pedestrians fatally injured and an estimated 71,000 pedestrians, otherwise injured in the United States in 2004. On average, a pedestrian is fatally injured in a traffic accident every 113 minutes and otherwise injured in a traffic accident every 8 minutes.

Pedestrian Accident Causes

Negligent or reckless drivers are frequently the cause of pedestrian accidents. Drivers who fail to yield to pedestrians in cross-walks, run red lights, fail to signal while turning, or are distracted by cell phones can cause horrific injuries to pedestrians. Alcohol is also frequently a factor in pedestrian accidents. Alcohol involvement was reported in nearly half of traffic accidents which resulted in pedestrian fatalities in 2004. Speeding is another common cause of pedestrian fatalities. In 2003, speeding was a contributing factor in 31 percent of all pedestrian fatalities. The amount of speed involved is also a significant factor in the resulting injury to a pedestrian. A pedestrian struck by a vehicle traveling at 40 miles per hour has an 85 percent chance of being killed. At 30 miles per hour the chance of a pedestrian being killed is 45 percent, while at 20 miles per hour the fatality rate drops to only 5 percent.

Multiple parties may be responsible for a speeding accident. Poorly designed intersections or improperly configured traffic controls may contribute to an accident. If these factors are involved, a governmental entity may share responsibility for the accident and an attorney must ensure that a governmental entity action is pursued. Accidents which occur on private property, such as a parking lots, may subject the owner or operator of the property to a premises liability action for failing to maintain the property in a safe condition.

In some cases, the injured pedestrian may be partially at fault for the accident. Even if the pedestrian bears part of the responsibility for his or her injuries, the victim may be able to recover compensation for the resulting injuries. California follows the concept of "comparative negligence." If a victim is found to be partially at fault, the total damages recoverable by the victim will be reduced by the same percentage that the victim is found to be at fault. For example, if the pedestrian is found to be 20 percent at fault for the accident, the total amount of damages recovered by the victim will be reduced by 20 percent. The victim will be entitled to recover 80 percent of the value of his or her injuries.

If You are Involved in an Accident

If you are involved in a pedestrian accident, obtaining medical treatment is the first priority. Many injuries can be aggravated without prompt treatment. If possible, you or a responsible party assisting you should make sure that a police report is filed with the proper authorities. It is important to preserving your rights that the personal information of the vehicle driver be obtained. It is also important to record the names, addresses and phone numbers of any witnesses.

Contact an Attorney

If you or a family member has been involved in a pedestrian accident, you should contact an established and experienced accident law firm without delay. It is important that an investigation into the accident is initiated as soon as possible and that photographs be taken as soon as possible after the accident. Accident scenes change and witnesses move or disappear. If a governmental entity caused or contributed to the cause of the accident, the victim may have a very short period of time to file a claim. It is important to contact an experienced law firm with the resources to hire investigators and reconstruction experts to document the causes of an accident and to protect your rights by timely filing the necessary legal actions.

Our law firm has successfully handled a large number of pedestrian accident cases. If you or a loved one has been injured in a pedestrian accident, please contact us at (800) 644-8000 or email us.