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On average, more than one crash-related pedestrian fatality occurs every 1.5 hours, according to the Centers for Disease Control and Prevention. In 2021 alone, there were approximately 7,000 pedestrian traffic-related deaths in the United States, which represents a 40-year high. In an accident, pedestrians are far more likely to suffer catastrophic injuries or deadly consequences, which is why these types of incidents are so terrifying. Unfortunately, many of these accidents are due to driver oversight or carelessness, but there are often other factors at play. If you were injured in a pedestrian accident, make sure you know what to do to protect your rights and your future.
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Our experienced team at BD&J can assess your situation, determine the cause of your accident, and gather information to support your claim and hold the liable party responsible for the damage they caused. We have ample experience fighting for the rights of injured victims and their families, and we’ve recovered more than $1.5 billion* in verdicts and settlements. If you think you have a case, we want to help.
Understanding Pedestrian Traffic Accidents
Pedestrian accidents happen every day, but in order to file a valid claim for a pedestrian accident, you must be able to prove that someone was liable for your accident. The proof of liability, or “duty of care,” will show that the person who ultimately injured you was responsible for exhibiting care while driving and that they were not doing so at the time the accident occurred. In short, you must prove that the driver who caused your accident was negligent or made a mistake.
A few common causes of pedestrian accidents include:
- Driving under the influence of drugs or alcohol
- Distracted driving
- Poorly marked crosswalks
- Unclear traffic signs or signals
- Speeding or reckless driving
By law, pedestrians must also show a duty of care for their own safety. If a pedestrian is intoxicated, fails to abide by traffic laws, or jaywalks, he or she may be found partially at fault for the incident.
A few common pedestrian accident injuries include:
Head Injuries
Head injuries range from concussions to traumatic brain injuries. These can have permanent or long-term effects on memory, cognitive function, and overall brain health.
Fractures and Broken Bones
These injuries can affect the legs, arms, ribs, or hips and may require significant medical treatment and weeks of rehabilitation.
Injuries to the Spinal Cord
Spinal cord injuries can be serious and lead to partial or complete paralysis, affecting independence and mobility.
Internal Injuries
The force of impact during a pedestrian accident can cause significant damage to internal organs, leading to internal bleeding and other life-threatening conditions.
Lacerations and Bruises
While lacerations and bruises are typically less severe than other injuries, they can lead to infections and other complications if not treated properly.
Psychological Injuries
The trauma of being involved in an accident can have lasting effects, including emotional distress, depression, and post-traumatic stress disorder. These impacts can last for weeks, months, and even years.
Liability in a Pedestrian Accident
As previously stated, the vehicle driver is most likely the liable party in a pedestrian traffic accident. However, depending on the circumstances, other entities might also be responsible. If the pedestrian was injured because the crosswalk lights were broken, the sidewalk was poorly lit, or the crossing sign was obscured, the party responsible for maintaining the road (usually a local government) could be liable for the crash. If the vehicle malfunctioned, causing the driver to crash and harm the pedestrian, the vehicle manufacturer might be liable. Because each case is unique, it is extremely important to discuss the specifics of your accident with an experienced Los Angeles pedestrian injury attorney.
What Damages Can Pedestrians Recover?
The potential damages your pedestrian accident lawyer can help you recover include:
- Medical expenses: Whether you have required emergency care, a hospital stay, or ongoing medical treatment, you’re entitled to claim back any medical costs you have incurred.
- Lost wages: If your pedestrian accident injury has caused you to miss work or to return to work, you may be entitled to compensation for lost income.
- Pain and suffering: You could be entitled to this compensation if you suffered significant emotional or physical pain as a result of your accident.
- Rehab costs: If your injury has required long-term rehabilitation, including physical and emotional therapy, you may be able to claim back these costs.
- Property damage: If any personal property was damaged in the accident, from mobile phones to clothing, you may be able to claim back the cost.
California Pedestrian Laws
Failure to follow California pedestrian laws can result in fines and affect liability in the event of an accident. To prevent accidents, both pedestrians and drivers should exercise caution and be aware of each other’s presence.
Here are some of the pedestrian laws currently in place in California:
- Crosswalks: Even if a crosswalk isn’t marked, it’s still considered to be present at intersections. You must give way accordingly in such situations.
- Right-of-way: Pedestrians typically have the right-of-way at marked intersections and crosswalks. As a result, drivers must yield to any pedestrian crossing the road at these points.
- Walking on roads: If a sidewalk is not available, pedestrians should walk facing the traffic flow and keep as far left as possible.
- Traffic signals: Anyone crossing the street should obey traffic signals and only cross at designated pedestrian signals when it’s safe to do so.
- Prohibited areas: Some areas of California’s roadways, such as highways and freeways, are off-limits to pedestrians. It’s important to look out for and abide by signs prohibiting pedestrian access.
Ready To Get Started? We Can Help!
If you were injured as a pedestrian, make sure you understand your rights and potential compensation. Depending on the cause of the accident, the extent of the injuries, and any other applicable factors, you may be eligible to receive compensation for medical expenses, pain and suffering, loss of wages, and more.
