Because of the physical forces at work, pedestrians often suffer the most severe injuries, or even death, when struck by a motor vehicle of any kind. An auto v. pedestrian accident is akin to smashing an egg with a sledgehammer. The results are devastating. Autos, trucks and even motorcycles can easily leave a pedestrian physically disabled for life and unable to provide for their own care.
Right of Way laws
California law virtually always defers the “right of way” to the pedestrian in such situations and the presumption is that the vehicle operator is the one with the “last clear chance” to prevent the accident. These two legal concepts are at the core of the Auto v. Pedestrian collision and our attorneys, paralegals and staff are experts in applying these concepts to your case to ensure you receive the maximum compensation for your injuries.
In California, a pedestrian who is hit in accident, but contributed to the accident taking place by being negligent, is still able to recover some damages. This is known as contributory negligence. In such cases, the pedestrian can still recover damages from the driver.
Pedestrian Accident Facts
Over 100,000 pedestrian accidents are reported in the United States each year, and more than 50,000 of those accidents result in death. This is a staggering statistic. Very often children and elderly persons are the victims of auto v. pedestrian accidents. Virtually half of auto v. pedestrian fatalities occur between three and four in the afternoon, when schoolchildren are prevalent on the road. If you or a loved one has been seriously hurt in a pedestrian accident, you may have questions about your rights to compensation. Be certain that the advice you seek is from a law firm highly experienced with pedestrian injuries.
Most auto v. pedestrian injuries result from negligence by the driver of the motor vehicle. Catastrophic injuries are almost certain when a person is struck by a motor vehicle. These accidents often result in brain or spinal cord injuries, broken bones, or paralysis. Recovering from such an accident can be a long, expensive process and in some cases, recovery may never come. While drivers are required to have insurance, many drivers only purchase the minimum required by law (currently $15,000 per person injured and only $30,000 per accident, regardless of how many people are injured).
With the devastating injuries caused when a vehicle strikes a person, that it won’t be enough to even cover the medical expenses. These policy limits, once exhausted, are unable to compensate the injured person for the other damages that come with their injuries such as lost wages, pain and suffering, loss of enjoyment of life and “loss of consortium” claims for the injured person’s loved ones.
Avoid being injured as a pedestrian!
As a pedestrian, you do have the right-of-way when crossing streets, but this does not mean that you can cross a street just anywhere. Traffic is always moving and if you cross in an unsafe place, you may be seriously injured or even killed. These incidents happen every day in the United States. Remember, look both ways when crossing the road and always keep a sharp eye out for traffic and traffic signals. Inattention is the leading cause of pedestrians causing accidents and is most common in children who may run into the street to chase a toy or pet. Remain vigilant, teach your children well and always pay attention.
We work hard to establish driver liability, ensure that our clients recover lost wages, receive compensation for their medical expenses, pain and suffering, and get the full range of the medical attention they need.
Call us today at (888) 778-8888 for a free consultation or Contact Us online.