Every year in the United States, around 100,000 individuals on foot are either killed or hurt due to a driver’s carelessness. These incidents frequently have a lasting impact on the victim’s life. Pedestrians are defined as anyone walking or crossing roads, sidewalks, or crosswalks. Drivers are advised to exercise utmost caution when approaching pedestrians, particularly in high-foot-traffic areas. In certain cases, a driver who collides with a pedestrian while they are walking or crossing the street may be found to be careless and held responsible, particularly if the driver was under the influence of alcohol or engaged in texting while driving. If you or someone you know has been involved in a pedestrian accident, it’s crucial to seek medical attention immediately and consult with a seasoned pedestrian accident lawyer. Your legal representative can assist you in navigating any legal proceedings that may arise from the incident.
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Pedestrian Accident Statistics: The Facts
Pedestrian accidents are a serious public safety issue and a growing concern around the world. They result in a significant number of injuries and fatalities every year and have far-reaching impacts on families and communities. Despite efforts to improve pedestrian safety, pedestrian accidents continue to occur due to factors such as distracted driving, unsafe road designs, and inadequate pedestrian infrastructure. To better understand the scope and nature of pedestrian accidents, it is important to look at the statistics and data related to these incidents. The following statistics provide a snapshot of the problem:
- In 2017, 5,977 pedestrians lost their lives in motor vehicle crashes, averaging one death every 88 minutes.
- Nearly 137,000 pedestrians were treated for non-fatal injuries related to crashes in emergency departments in 2017.
- Pedestrians are 1.5 times more likely to be killed in a car crash per trip compared to motor vehicle passengers.
- 47% of crashes resulting in pedestrian fatalities involved alcohol consumption by either the pedestrian or the driver.
- 20% of children under 15 years of age who died in car crashes in 2017 were pedestrians.
- 20% of all pedestrian deaths in traffic crashes in 2017 involved individuals aged 65 or older.
- 10% of all pedestrian injuries in traffic crashes in 2017 were sustained by individuals aged 65 or older.
Establishing Fault in a Pedestrian Accident: Approaches of a Personal Injury Attorney
Pedestrian safety is a top priority, and there are numerous traffic laws and safety measures in place to protect walkers and joggers from reckless drivers. Despite these protections, accidents can still occur due to driver negligence, putting pedestrians at risk of serious injury. While it’s essential for pedestrians to be cautious while walking or crossing roads, drivers must also be vigilant and responsible to prevent accidents.
Determining fault in a pedestrian accident involves examining the facts and circumstances surrounding the incident. Essential to this process is gathering evidence, including witness testimony, that sheds light on how and why the accident occurred. Your pedestrian accident lawyer can help you navigate this process and build a strong case to hold the responsible party accountable. By working with an experienced attorney, you can increase your chances of securing fair compensation for your damages.
Compensation for Injuries in California Pedestrian Accidents
Pedestrian accidents can be devastating and have far-reaching impacts on the victims and their families. From physical injuries that result in medical bills and lost wages, to emotional distress and pain and suffering, pedestrian accidents can cause significant harm. In California, those who have been injured in pedestrian accidents are entitled to seek compensation to cover the costs incurred as a result of the accident.
Potential claims for damages include lost wages and income, loss of future earnings, pain and suffering, past and future medical bills, future medical and rehabilitation expenses, emotional distress, and wrongful death. The severity of the injuries can vary, ranging from minor cuts and bruises to serious medical conditions that can affect a person’s quality of life. Working with a skilled pedestrian accident attorney can help you understand your rights and options for securing the compensation you need to recover and move forward.
Steps to Take After a Pedestrian Accident in California
Being involved in a pedestrian accident can be a traumatic and overwhelming experience. However, it is crucial to take the right steps in the aftermath of the accident to protect your rights and ensure that you receive the medical attention and compensation you need. In California, here are some key actions to take after a pedestrian accident:
- Seek medical attention – Call for a paramedic team to the scene if necessary, or visit the emergency room or Urgent Care for a medical evaluation.
- Report the accident – Call law enforcement to assess the damage and gather information from witnesses on the scene.
- Document the incident – Keep records of all medical treatment and expenses, and take photos of the accident scene and any visible injuries.
By taking these steps, you can ensure that the facts of the accident are properly recorded and that you have the evidence you need to pursue a claim for compensation. Additionally, seeking medical attention can help identify any latent injuries and provide a proper diagnosis for the treatment of your injuries.
FAQs: Understanding Your Legal Options After a Pedestrian Accident
There are several things that you need to understand when it comes to your legal options following a pedestrian accident in San Diego. Here are some of the questions and answers you should be aware of:
When Can You Seek Compensation for a Pedestrian Accident?
If another person’s negligence was the cause of your injuries in a pedestrian accident, you have the right to pursue compensation under California law. Negligent driving can take many forms, such as speeding or distracted driving, and a proper investigation will determine if you have a valid claim.
Does Auto Insurance Cover Pedestrian Accidents?
Auto insurance covers pedestrian accidents. If the driver who hit you was at fault, their policy should cover your losses. If the driver fled the scene, is uninsured, or has insufficient coverage, you may be able to file a claim under your own auto insurance policy. This could include medical payments (Med-Pay), uninsured/underinsured motorist (UIM) coverage, or both. UIM coverage applies even if you were not in your car at the time of the accident, including when you are a pedestrian. Note that in California, using UIM benefits will not result in higher insurance rates or render you uninsurable in the future.
Do You Need to Hire a Pedestrian Accident Attorney?
If you were hit by a motor vehicle, it is advisable to speak with a pedestrian accident attorney about your legal rights. Even if you have insurance coverage, it can still be difficult to recover your losses. An experienced attorney can help ensure that you receive the full compensation you are entitled to.
How Much Can You Recover for a Pedestrian Accident?
The amount of compensation you can recover depends on the extent and impact of your injuries. Generally, if the driver was at fault, you can claim compensation for all your accident-related losses, both financial (such as medical bills and lost wages) and non-financial (such as pain and emotional distress). An experienced attorney can help determine the amount you are eligible to receive and fight for your rights.
What Can You Do to Maximize Your Compensation?
Consulting with a pedestrian accident attorney promptly is the best way to maximize your compensation. A timely investigation and avoiding mistakes that could harm your recovery are important. An experienced attorney can start working on your case right away and guide you through the process to ensure you receive the compensation you deserve.
What if the Insurance Company Blames You for the Accident?
Insurance companies may try to deny coverage by blaming the victim for the pedestrian accident. If you are accused of being at fault, it is important to seek the advice and representation of an experienced pedestrian accident attorney. An attorney can review the facts of your case, gather evidence, locate witnesses, and obtain video of the collision to prove the other driver was at fault and secure maximum compensation for you.
Working with a pedestrian accident attorney can lead to the successful recovery of compensation for the damages suffered from a pedestrian accident. To ensure a prompt and effective outcome, it’s advisable to seek the assistance of a legal expert as soon as possible after the accident. Having the right legal representation is essential for a favorable outcome.