Arcata is a small, vibrant place in Humboldt County. Adjacent to Arcata Bay, the city is known for its redwood forest, beaches, and pristine natural sand dunes. The city has excellent restaurants, shops, and historic architecture. With so much to offer, the town attracts locals and tourists alike. With abundant foot and vehicle traffic, pedestrian accidents are bound to happen.

In accidents involving a pedestrian, the cause of the crash can be attributed to several reasons. It is common for pedestrians to get hit by a vehicle due to the following causes:

• The motorist was driving recklessly
• The driver was under the influence of drugs or alcohol
• The motorist was speeding
• The driver was distracted
• The motorist was driving drowsy
• The driver failed to yield the right of way at a stop sign or crosswalk

When a pedestrian is hit by a motor vehicle, the consequences can be deadly. California has one of the highest pedestrian death rates. According to recent data, 485 pedestrians were killed on California roadways in the first six months of 2020. That number rose 5 percent from the previous year.

According to California law, pedestrians have the right of way when crossing the street in designated and unmarked crosswalks at an intersection. California Vehicle Code § 21950 states that when a motorist approaches a pedestrian within a designated or unmarked crosswalk, the driver must exercise due care and yield the right of way to the pedestrian. This means the driver must slow down and be cautious when driving towards a pedestrian. Drivers may be liable for a personal injury claim if they fail to exercise this due care.

If you were involved in a pedestrian accident in Arcata, you must take specific actions to protect your legal rights. If you are physically able to, consider doing the following actions:

• Call 911 to report the accident.
• Make sure you get the driver’s contact and auto insurance information.
• Get witnesses’ contact information.
• Take pictures of your injuries and the accident scene.
• Don’t give a statement to the driver’s insurance company until you’ve talked to an Arcata personal injury lawyer.
• See a doctor immediately for your injuries.

Pedestrian typically bears the brunt of the damage in a pedestrian accident. That’s because pedestrians are not protected with airbags and seatbelts like the driver. As a result, many pedestrians end up suffering catastrophic bodily injuries, such as:

• Bone fractures
• Internal bleeding and organ damage
• Lacerations to your face and body
• Nerve damage
• Spinal cord injury
• Torn ligaments and muscles
• Traumatic brain injury

The following video provides some road safety tips for pedestrians.

An accident with a motorist can leave a pedestrian severely injured physically, emotionally, and financially. When this happens, pedestrians can pursue a personal injury claim from the negligent driver’s insurance company. Injured victims can pursue damages for:

• Lost income and future earnings
• Incurred and future medical expenses
• Pain and suffering, mental anguish, and inconvenience

In some instances, pedestrians may share some blame for causing the collision, such as crossing the road while the hand signal was red or where there was no marked crosswalk. However, this doesn’t mean pedestrians can’t get financial restitution for their injuries and losses. California follows the principle of comparative negligence. This means a pedestrian can still be awarded compensation, but the amount will be based on the percentage of fault assigned to the pedestrian.

Injuries caused by someone else’s negligence can be devastating. If you or a loved one has been injured in a pedestrian accident in or near the Arcata area, please contact one of our injury attorneys at (707) 564-1900 or (800) 404-5400 for free and friendly case advice. See our past verdicts and settlements.

^{Editor’s Note: updated [cha 10.11.23] Photo by Zen Chung from Pexels cha [cs 681] bw}