Walking, both for enjoyment and short-distance commuting and errand-running, is a healthy, economical, and environmentally conscious alternative to constantly jumping into our cars for short trips. But walking the streets of a moderately busy city like Fremont also exposes us to the apparent risk of putting ourselves near passenger cars, trucks, buses, and other motor vehicles that are in motion, and which can pose a danger. 

When unfortunate circumstances occur, and a negligent motor vehicle driver strikes and injure someone, a Fremont pedestrian accident lawyer such as the experienced personal injury attorneys at our law firm can assist the injured person and their families in receiving compensation from those drivers and their insurance companies.

Pedestrians obviously have far less physical protection from injury in traffic accidents than motor vehicle drivers and passengers. As a result, they suffer fatalities from traffic incidents at a much higher rate than vehicle occupants. 

According to the U.S. Centers for Disease Control, which studies injury and death statistics from all causes, one out of every six fatalities from a traffic accident is a pedestrian. At the same time, only about 3% of people injured in traffic accidents were pedestrians, meaning that pedestrians involved in traffic accidents are disproportionately likely to die rather than just be hurt. The CDC also reports that:

• For the most recent year, with fully compiled statistics (2020), there were more than seven thousand pedestrians killed in traffic accidents across the country — a rate of about 20 people per day.
• Over 100,000 pedestrians required emergency room treatment for non-fatal injuries from traffic accidents — an average of nearly 300 people per day.

The National Highway Traffic Safety Administration (NHTSA) gathers and studies statistics for accidents on our country’s roadways. NHTSA reports that from 2010 to 2019, the percentage of traffic accident fatalities that were pedestrians grew from 13% to 17% of all fatalities — pedestrians are dying at an increased rate compared to vehicle occupants. NHTSA also notes that:

• People aged 55 to 59 years old had the highest percentage of fatalities in pedestrian accidents.
• This was followed by groups aged 60 to 64 and 50 to 54.
• Seventy percent of fatalities from pedestrian accidents were male — more than double the rate for females.
• Alcohol was a major factor, with nearly one-third of people who died as pedestrians having a blood alcohol level of .08 or higher (the legal limit for drivers in California), and approximately 13% of drivers in fatal pedestrian accidents having a BAC of .08 or higher.

As to the circumstances surrounding pedestrian accidents, NHTSA observed that:

• Pedestrian accidents are much more likely in urban (82%) than in rural (18%) regions.
• Pedestrian accidents are much more likely at night — 76% of the incidents.
• Pedestrian accidents are much more likely to occur away from intersections (82%) than at intersections.
• Weekend nights were the most common time for pedestrian accidents — hardly surprising given the significance of alcohol in these incidents.

Reading the facts and statistics above makes it clear why the best recommendations for guardians against injury in a pedestrian accident include increasing nighttime visibility by wearing light-colored or reflective clothing and using a flashlight at night. Walking on a sidewalk or off the roadway whenever possible is best. When this is impossible, walk on the roadway shoulder facing against traffic to observe (and, if necessary, dodge) oncoming vehicles. And it may be that walking while under the influence may be as dangerous as driving under the influence — alcohol impairs a pedestrian’s judgment and reaction time in the same way it does drivers. Avoid walking on or near roads while intoxicated.

In most circumstances in Fremont or any other California city, a pedestrian will have the right of way, and drivers should yield to them. When this does not happen, and a negligent motor vehicle driver causes harm to a pedestrian, an experienced personal injury attorney can help them recover compensation from the negligent driver, motor vehicle owner, and their insurance companies. From investigating the facts and circumstances of the accident that establish liability — collecting police reports, inspecting the accident location, interviewing witnesses — to assembling the evidence that documents an injury victim’s legal damages — medical records and bills, wage loss documentation, consultant and expert witness reports –, a pedestrian accident lawyer can resolve their client’s cases through the insurance claim process or, if necessary, through litigation in court.

Sometimes, pedestrian accidents are not just caused by drivers and pedestrians — sometimes, pedestrian crossings are improperly or inadequately designed and constructed by local and state roadway designers. View this video from the Federal Highway Administration describing how pedestrian crossings can be more safely put in place:

Walking as a pedestrian on our streets is a healthy and practical choice that we should all be able to make. Unfortunately, nearly all roads designed and built since the early 1900s have been constructed primarily to move motor vehicles around safely and efficiently rather than to allow for safe walking by pedestrians. Many studies have also shown that pedestrians aren’t as “obvious” and visible to drivers as other vehicles. If you or a family member has been seriously injured in a pedestrian accident, please contact our experienced Fremont pedestrian accident lawyers at (510) 631-0200 or (800) 404-5400 for free, friendly advice. You can also reach us through our online contact form.

Editor’s Note: This page has been updated for accuracy and relevancy [cha 7.29.22]

Image by Mircea – See my collections from Pixabay

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