Sacramento Pedestrian Accident Lawyer

Pedestrian accidents are some of the most severe traffic incidents that can occur. They often cause catastrophic injuries. Pedestrians lack protection, making them vulnerable to significant injuries when a motor vehicle strikes. Even a car traveling at a relatively slow speed can cause catastrophic harm to a pedestrian due to the disparity in mass between a human and a vehicle.

Leg fractures are common in pedestrian accidents due to the position of the vehicle’s bumper at the moment of impact. Internal injuries and traumatic brain injuries are also often seen in these accidents.

A study in Austin, Texas, revealed that a pedestrian is struck by a vehicle while crossing a street, outside, or within a crosswalk. The most frequent driver-related factor was a failure to yield the right-of-way to the pedestrian.

These results clearly highlight the importance of caring when crossing a roadway. It is never safe to assume that merely being in a crosswalk provides protection or to believe that a driver even sees a pedestrian, particularly at night.

The National Highway Traffic Safety Administration provides a variety of pedestrian safety information. Due to their tendency to be inattentive to traffic, children are at particular risk of being injured in vehicle versus pedestrian accidents. More pedestrian safety information is available through the U.S. Department of Transportation: Pedestrian Safety Roadshow.

Here are a few things to keep in mind as you travel on foot:

• Increase your visibility by wearing bright clothing and carrying a light if you walk at night.
• Whenever possible, stay on the sidewalk.
• Do not walk while impaired by drugs or alcohol.
• Assume drivers do not see you. Make eye contact with motorists.
• Ditch the distractions – do not look at your phone and listen to loud music with earbuds.
• Obey all traffic signs and signals and look in all directions before crossing a street.

Watch the YouTube video below from AAA for more information on pedestrian safety.

Here are the four most common ways pedestrians are injured in California:

• The driver is making a left or right turn.
• The driver is reversing or backing up.
• The driver is making a U-turn.
• The driver is distracted by texting, using cell phones, or putting on makeup.

Every motor vehicle operator must keep a proper lookout and pay attention to the roadway in front of him. This includes looking out for pedestrians. (Johnson v. Johnson (1948) 84 Cal. App. 2nd 271).

Everyone has a duty of care, but courts in California have long recognized that the danger posed by a 4,000-plus-pound vehicle is much greater than that posed by a pedestrian. As such, a greater duty of care is owed by the driver. Here are some other things a driver should always consider when navigating areas with pedestrians:

• When driving in an area where children are frequently present, a driver has an even greater duty of care.
• A driver must always yield the right-of-way to pedestrians in a crosswalk.
• Even if a pedestrian is outside a crosswalk, a driver has a high duty of care to look out for them.
• Use extra caution when reversing. Pedestrians and tiny children can move unseen into your path.
• Drive at a safe speed, and do not use your phone while driving.
• Never drive while impaired by drugs or alcohol.
• Use special care to notice pedestrians in conditions of decreased visibility, such as in bad weather or at night.
• If a driver stops to allow a pedestrian to cross at an intersection, no other vehicle can overtake and pass the stopped vehicle.

Even when a pedestrian is struck by a hit-and-run or uninsured driver, if the pedestrian has valid uninsured motorist coverage on his vehicle or another vehicle owned by a person in the pedestrian’s household, that insurance policy will likely cover the pedestrian.

The various damages that can be recoverable in a pedestrian accident claim include medical expenses for the injuries suffered in the accident, including future medical fees for additional care ordered by a physician, lost income and loss of future earning capacity, and pain and suffering. If applicable, a spouse may be entitled to loss of consortium damages due to the injuries’ adverse effect on the marital relationship.

If another party or entity contributed to your accident, then you may be able to bring a lawsuit against that party in addition to the Motorist. For example, if the driver who hit you recently had his brakes repaired, but they were not fixed properly, and it could be shown that malfunctioning brakes caused the accident, you could file a claim against the auto shop. If the driver that hit you was on the job at the time of the incident, you could bring a claim against their employer.

Yes. If you were injured in a pedestrian accident by an uninsured motorist, you might file a claim with your own insurance company for compensation for your injuries. Additionally, if you were struck by a negligent driver who has paid you the full amount of their policy and it was not enough money to cover your damages, you will be able to make an underinsured motorist claim with your own insured. This is only the case if you have uninsured/underinsured coverage in a greater amount than the negligent driver’s liability coverage. Insurance issues can often be confusing and frustrating. This is one of the many reasons we always recommend consulting with an experienced pedestrian accident lawyer.

Our injury lawyers at AutoAccident.com will advocate for your best interests and are fully committed to obtaining the best possible outcome. If the insurance company is unwilling to offer the compensation you deserve, our legal team is fully prepared to take your case to court.

Contact us to discuss your case with a knowledgeable Sacramento pedestrian accident lawyer to learn how we can help. Call us at (916) 921-6400 or (800) 404-5400 for free, friendly advice.