Although Berkeley is one of the safest and most popular California cities for walkers, a pedestrian accident can still occur. Traffic management programs suggested school routes for children, and the addition of thousands of streetlights has helped. However, because traffic has become heavier over the years and more pedestrians are around, accidents involving serious injuries are a problem.

Pedestrians walking around the city are relatively safe. Overall, there are about 100 traffic accidents that result in injury annually. While the incidents occur throughout the city, they happen most frequently in the following locations:

• San Pablo and University avenues
• San Pablo and Ashby Avenues
• MLK and Ashby avenues
• College and Ashby avenues
• Claremont and Ashby Avenues
• Downtown Berkeley

It is possible for a pedestrian who has been injured by a motorist or another entity to file a compensation claim to recover their financial damages. Our injury lawyers have protected Berkeley pedestrians’ rights to get fair compensation since 1982. In addition to providing compassionate, helpful support, our legal team keeps clients updated on the progress of their claims.

In this way, they can concentrate on healing without the stress of financial worries about how they will pay their medical bills and other losses. Everyone here works hard to reduce the financial burden faced by pedestrians who have been injured because of the negligence of others.

Pedestrians injured by motorists or other entities, such as businesses or governments that maintain crosswalks or parks, can file for the following compensation:

• An accident injury can result in all medical expenses for the trauma being recovered. This includes the ambulance fee, hospitalization, prescription medicines, tests such as X-rays, surgeries, and rehabilitation. Home health care may also require medical appliances, home modifications, and a medical caretaker. The recovery of additional costs may apply if continued injury occurs in the future.
• In addition to any bonuses or additional perks of the job, lost wages from being unable to work can be recouped.
• Adding lost earning capacity to the settlement can occur when the injured pedestrian takes a lower-paying job because they can no longer perform the one they are in. Losses associated with the inability to work due to permanent disability are figured into the settlement until one reaches retirement age, as well as lost benefits.
• Injured parties can be compensated for disfigurements such as scarring or receive the financial means for reconstructive surgery or prosthetic devices.
• A spouse can be compensated for loss of consortium, companionship, and affection.
• Recovery of compensation for an injured pedestrian’s physical trauma is recoverable.
• Anxiety, insomnia, and nightmares may all be symptoms of mental distress. The injured party may experience post-traumatic stress disorder, for which professional treatment is recommended.

A pedestrian is not only a person walking but a woman with a baby stroller, someone walking their bicycle across the street, or another individual using a scooter or skateboard. Those who are disabled and using a cane or wheelchair are also considered pedestrians. Although many pedestrians are injured at crosswalks, in parks, public buildings, or amusement parks, they can also experience an accident pushing their grocery cart to their vehicle.

The driver of a motor vehicle is often responsible for a pedestrian accident. According to the National Safety Council, pedestrian accidents caused 7,668 deaths in 2019. Several factors can cause pedestrian injuries, which can lead to an injury claim, such as:

• Distracted driving occurs when drivers text, talk on the phone, chat with passengers, and do other activities, which prevent them from seeing a pedestrian until it’s too late.
• Drivers drinking will have impaired motor skills, judgment, and the ability to react quickly in an emergency. A driver will likely miss seeing a pedestrian, especially at night or when the weather is inclement.
• Negligence by a government can result in pedestrian accidents because of poorly maintained crosswalks, traffic lights, and overgrown shrubbery. These instances can make the government liable for pedestrian accident injuries.
• Some drivers back out of a parking spot or driveway without checking to see if pedestrians are behind them before starting out. Many accidents occur because of this.
• Pedestrian accidents are often caused by drivers who run a stop sign or traffic light. Besides speeding, pedestrian collisions are frequently caused by drivers who cannot slow down in time.

A pedestrian taking certain precautions can reduce the risk of being in an accident. The following are some suggestions:

• As much as possible, walk on the sidewalk. Keep to the curb if there is no sidewalk facing oncoming traffic.
• When possible, use a crosswalk with designated signals. It’s worth walking an extra block if you don’t see one where you want to cross; a crosswalk may be one street away.
• Jaywalking is illegal, so obey the traffic laws. In the center of a block, drivers do not look for pedestrians crossing.
• Bright colors make you more visible during the day, improving pedestrian safety. During the evening, wear light colors, carry a flashlight, and wear reflective strips on your jacket to make yourself more visible.
• Always look left, right, and left before crossing the street. Remember what your parents taught you.
• Don’t expect drivers to stop for you when you cross the street. Before you step off the curb, make sure all cars have stopped.
• Before going out on foot, don’t drink or use drugs. The danger to a pedestrian is the same as that to a driver.
• In parking lots and driveways, be aware of vehicles backing up. You are still not in their visual field even though you are beginning to cross behind them.

In the video that follows, Ed Smith explains how to choose an attorney following a personal injury:

Related articles by Berkeley pedestrian accident lawyer Ed Smith:

• Accident Injuries in Older Pedestrians
• Vehicle Speed and Pedestrian Injury Risk
• Pedestrian Accidents and Bone Fractures

It may be possible to get compensation for your losses if you suffer an injury due to someone else’s negligence. We offer free, friendly advice to see if you can claim damages by calling (510) 631-0200 (800) 404-5400.

^{Editor’s Note: updated [cha 10.3.23] Photo attribution: Brian Merrill from Pixabay cd [1071] bw}