Pedestrian accidents are those that occur between a moving vehicle and an individual. Some of the most horrendous accidents occur when a pedestrian is struck by a vehicle during normal daily activities, such as:
These pedestrian accidents are generally avoidable and often caused by driver inattention, drunk driving, texting or speeding. The Johnson Attorneys Group has an outstanding record of helping personal injury victims. In recent years they have recovered more than $98.4 million for accident victims and their families.
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If you were injured in a car crash that was due to another person’s negligence, California law allows the injured party to seek compensation. This compensation may include the following:
Includes hospital visits, emergency room treatment
In or out of the hospital
This is compensation for the physical and/or mental pain and suffering that resulted from the accident caused by another
If your car was damaged or destroyed, you may be entitled to partial or full value of the vehicle
If you are unable to work, you may be entitled to monetary compensation for the money you would have earned as well as projected future earnings
If you've suffered a serious injury in an accident due to the negligence of another individual, or if you've lost a loved one in an accident, Johnson Attorneys Group may be able to pursue a personal injury claim or wrongful death claim against that person. We are committed to protecting your rights in California and getting the best outcome.
Common accidents that lead to personal injury claims include motorcycle accidents, car accidents, dog bites, pedestrian accidents, wrongful death and slip and fall injuries. Our team of experienced legal advocates is committed to offering you a personalized approach to your case and needs so that you can receive the best resolution.
Pedestrian accident statistics from the National Highway Traffic Safety Administration (NHTSA) report:
Pedestrian fatalities are often caused by driver inattention and distraction, meaning they are largely avoidable. If you were injured in a pedestrian accident, it is advisable to safeguard your legal rights to compensation by obtaining the counsel of an experienced pedestrian accident attorney.
While any type of car accident is terrible, pedestrian accidents are especially tragic. When a vehicle strikes a person on foot, there isn’t much of a contest — the pedestrian is more likely than the driver to be seriously injured. According to the CDC, a pedestrian died every 75 minutes in 2020 in the U.S.
Pedestrian accidents happen for many reasons, but some are more common than others.
In 2019, alcohol was a factor in almost half of fatal pedestrian accidents. While you may think first of a drunk driver causing an accident, sometimes it’s the pedestrian whose blood alcohol level exceeds the legal limit. Thirteen percent of the drivers were legally intoxicated in pedestrian accidents in 2019, and 32% of the pedestrians were over the legal limit.
There’s no question it’s a bad idea to drink and drive — however, people who have been drinking need to exercise caution when walking near traffic. Pedestrians can make poor decisions after even a few drinks. They may misjudge a car’s speed or fail to obey the pedestrian rules of the road.
Pedestrians are more likely to be fatally injured in urban areas. That statistic stands to reason; vehicle and pedestrian traffic is heavier in the city. It is also more dangerous for people to cross in areas not marked as crosswalks or at an intersection. Generally, drivers are more aware of pedestrians at intersections.
Nighttime is also more treacherous for people walking near traffic. Visibility is poorer at night, and drivers can’t always see pedestrians, especially those wearing dark or non-reflective clothing.
A car traveling at high speed is much more dangerous to a pedestrian than one traveling slowly. People walking near high-speed traffic have a twofold risk factor: cars are more likely to hit them, and accidents are more likely to be fatal.
The number of pedestrian fatalities in the United States recently hit a four-decade high. Out of all states, California saw the highest number of deaths.
Though a person takes every precaution, no one can control the carelessness or inattention of others. Knowing the most common injuries may help a person to act appropriately after an unfortunate pedestrian accident.
After an accident, immediate attention often goes to injuries a person can readily discern. Such wounds might range from scrapes and bruises to deep cuts and broken bones.
Soft tissue damage can also involve sprains, strains and dislocations that cause chronic pain and long-lasting scars. In more extreme cases, a person may require amputation of appendages or skin grafts.
Not all physical injuries are easy to detect. Internal bleeding can cause severe harm if not treated quickly. An individual may not comprehend the severity of a bone fracture for many days, especially in the case of hairline fractures. The source of pain from these conditions can be difficult to identify without an X-ray or CT scan.
Traumatic brain injuries might display physical impairments, such as muscle weakness and loss of coordination. Even mild concussions could cause cognitive impairments, including memory loss, confusion and difficulty processing information.
Sometimes, pedestrian accident survivors experience emotional trauma, such as post-traumatic stress disorder. The shock of the accident can make it difficult to resume a normal routine.
Immense mental and emotional distress may also arise from:
Some people cope with anxieties over these issues for the rest of their lives.
Since injuries can range from readily apparent to nearly invisible, a pedestrian who survives an accident usually only finds out the full extent of injuries with help from medical professionals. Without knowing all the consequences of a collision, the survivor may not be able to secure sufficient compensation.
Pedestrian accident rates are rising throughout the U.S., particularly in busy, populous California. While some estimates show a 0.6% decline in fatalities, overall injury rates are enormous, topping 14,000 in recent years. Whether you’re the plaintiff or the defendant in a pedestrian accident case, meeting with an attorney to discuss liability and damages is the wisest course of action. It’s critical that you understand how California law assigns liability in an accident so you can preserve your rights to a fair trial.
Pedestrian accidents can involve injury sustained by a car, motorized scooter, bicyclist, or pedestrian. Regardless of the circumstances of the accident, vehicle operators are automatically at fault for pedestrian strikes. If a pedestrian steps in front of your vehicle and you don’t have time to stop, you’re still responsible because you have a duty to avoid injuring pedestrians and other drivers. It’s the driver’s responsibility to attend to the road and road conditions so that stopping is possible. In some cases, however, pedestrians can carry some liability for comparatively negligent acts, as you’ll see below.
The liability and negligence standards for other instances of personal injury also apply in pedestrian accidents, such that the injured party must prove three factors to recover damages:
According to California law, each person owes a duty of care to the people around them. Essentially, this requirement means that if, through action or inaction, you cause injury to another person, you are liable for the damages. In the case of pedestrian accidents, your duty is to pay close attention to your driving and the road so that you are prepared for unexpected pedestrians or obstacles in your path.
Comparative negligence is the legal term used to demonstrate that the injured party bears some responsibility for causing the damages. Many states employ modified comparative negligence laws that restrict or bar plaintiffs from recovering any damages if the court finds they are responsible for more than 50% of the damages. On the other hand, California law enforces pure comparative negligence and does not have that kind of threshold for plaintiff negligence. Therefore, even if the plaintiff caused 99% of the claimed damages, they can still claim the remaining 1%. Before assigning comparative negligence amounts, the following points must be considered:
Did the pedestrian step into the street without waiting for the crosswalk sign to indicate that it was safe? Disregarding these signs and stepping into moving traffic is an instance of comparative negligence.
Pedestrians who jaywalk, or cross streets outside of designated crosswalks, are likely to carry some fault for comparative negligence in the accident.
A pedestrian who crosses the road in unsafe conditions, whether because the situation is unsafe or because drivers are unlikely to see them in the environment, may be cited for comparative negligence.
To learn more about liability for pedestrian accidents and how you can recover damages, we invite you to read our other articles on these topics.
California has the inauspicious distinction of experiencing the most pedestrian injuries and deaths of any state in the U.S., with more than 14,000 injuries and over 900 fatalities in recent years. Statistics aside, the challenges facing victims of pedestrian accidents are physical, emotional and, unfortunately, financial. If you or a loved one has been injured in an accident, you need to know what damages are recoverable in pedestrian accident cases in California.
California recognizes three main types of recoverable damages for accident victims. You may be eligible for all three, depending on the specific circumstances of your accident and its aftermath. An attorney can work with you and the insurance companies to determine which damages apply and to what degree.
Also known as “pecuniary damages,” or economic damages refer to quantifiable monetary recompense. In other words, damages to which a specific dollar amount can be assigned. These “special damages” are set up to cover the plaintiff’s out-of-pocket amounts or will be required to spend due to the accident. They usually include expenses such as:
Compensation for pain and suffering is more difficult to quantify as it doesn’t always require the plaintiff to cover out-of-pocket expenses or pay a defined amount. Also known as “general damages,” non-economic damages are more subjective and may include compensation for losses such as:
The third type of compensation is designed to punish the offender and is referred to as “exemplary” or “punitive” damages. This type of compensation is rare in pedestrian accident cases because, to obtain them, plaintiffs need to demonstrate that the defendant behaved with extreme or outrageous conduct. For instance, if you can satisfactorily establish that the driver intentionally hit you with the intent to cause you harm. These damages are awarded only in addition to the other types of damages.
California does not impose a cap on the compensatory damages a plaintiff in a personal injury case can receive. Since California requires drivers to carry liability insurance, compensatory damages are generally submitted to the defendant’s insurance company for restitution. That said, California maintains a strict statute of limitations, or time limit, for filing claims for compensatory damage. Bodily injury claims must be filed within two years, and property damage claims within three.
If the driver has no insurance or proof of financial responsibility, Proposition 213 comes into play. In those cases, plaintiffs cannot recover non-economic damages. Economic damages, on the other hand, are still recoverable.
For more information on recoverable damages in pedestrian accidents in California, please browse our articles on types of damages and legal liability.
If you were injured in a pedestrian accident that was partially or fully the fault of a driver, you may seek compensation from that negligent party. Compensation is intended to help restore the injured party to the state that they were in prior to the accident. Monetary compensation may include the following:
Depending on the circumstances of the accident, it is possible that a pedestrian may carry whole or partial fault for the incident. The courts will look at your actions to determine if you properly exercised the right level of care by following California pedestrian laws and safety rules. If it is determined that you failed to exercise reasonable levels of care, you may be considered partially or wholly at fault for the pedestrian accident.
Pedestrians must make a good faith effort to avoid putting themselves in unsafe situations that could cause or result in an accident. To show a reasonable level of care, it is important that you follow all California pedestrian laws for traveling along roadways and crossing streets on foot. To prevent an auto pedestrian accident, you must exercise caution and due care for your own safety and wellbeing.
Drivers must exercise great care in operating their motor vehicle on public and private roadways. A reasonable level of care is shown through following the speed limits and watching far ahead for all potential obstacles in the road. Drivers must always follow local driving laws and yield to pedestrians as appropriate to prevent the need for a pedestrian accident lawyer.
If you have been involved in an auto-pedestrian accident, you must first assess if there are any injuries and call for help from the proper authorities. If possible, you can exchange contact information with the driver before getting checked out by the paramedics. Once you receive medical care, you can turn your attention toward acquiring representation from a trusted pedestrian accident attorney in California.
When presenting your case to the courts, your pedestrian accident law firm in California will utilize key evidence to prove your claims. Presented in the form of witness statements, testimonies and photographs, the evidence should help illustrate the accident circumstances and causes for the court. Your attorney may also present evidence to show the courts the injuries and damages you sustained from the car vs pedestrian accident.
Although it is important to focus on recovering from your injuries after a pedestrian car accident, you only have a limited amount of time to file a claim in California. In fact, you must present the case to the court within two years of the accident to seek damages for your personal injuries. If a government entity is involved, they must be given notice within six months after the accident to alert them to the potential claim. If you are seeking compensation for property damage, however, you have three years total to file your claim.
At the consultation meeting with your Los Angeles pedestrian accident attorney, you must offer a clear overview of the accident circumstances and results. Bring along all documents relating to the crash and your resulting injuries, including police reports, witness statements, medical chart notes, photographs and hospital bills. If you do not have all of the documentation you need, your California pedestrian car accident attorney can help you collect the rest.
If the driver does not have any insurance or fled the scene, you can count on your California pedestrian accident attorneys to help come up with solutions. You may have the ability to file a claim under your own insurance policies or seek compensation in other ways, depending on the cause and specifics of the accident. In any case, you can move forward with confidence in seeking damages for this type of accident upon partnering with a skilled pedestrian car accident lawyer.
For accidents caused by another party, you may hold the responsible individuals accountable for your medical bills. Although they are likely responsible for your medical bills according to California pedestrian accident law, it is likely they will not automatically agree to pay. Your pedestrian accident attorney can help you fight for the compensation you deserve from the parties responsible for your injuries.
Starting January 1, 2025, California’s updated minimum liability insurance requirements will impact pedestrian accident claims by providing more financial protection. Under Senate Bill 1107, the state’s minimum coverage for bodily injury per person will increase from $15,000 to $30,000, while the limit for injury or death involving multiple people will rise from $30,000 to $60,000. Additionally, property damage coverage will triple from $5,000 to $15,000.
These changes mean pedestrians injured in car accidents will have access to larger payouts for medical bills, lost wages, and other related expenses. While this enhances compensation potential, it also underscores the importance of Uninsured/Underinsured Motorist (UM/UIM) coverage, as higher insurance premiums may increase the number of uninsured drivers, creating potential challenges for injury victims seeking full compensation.
To achieve optimal outcomes after an accident involving pedestrian, it is important to acquire representation from an experienced auto-pedestrian accident attorney in California. With support from a legal professional, you can confidently navigate the court system to achieve the results you seek. You can prove fault and acquire compensation from your injuries by proving your case in court with help from a Los Angeles pedestrian accident attorney.
It is extremely important to contact a qualified and experienced attorney at the earliest possible time in order to preserve your rights to compensation. Our California pedestrian accident lawyers have recovered more than $98.4 million for our clients over the past several years alone.
