As pedestrian movement on California’s busy roadways and crossings continues to increase, the possibility of pedestrian accidents remains a major worry. Understanding the legal landscape around pedestrian accident injuries is critical for both pedestrians and drivers who share the state’s highways. We will present a legal overview of pedestrian accident injuries in California in this detailed guide. This blog intends to shed light on the legal considerations surrounding pedestrian accidents and the pathways open for individuals impacted to traverse the aftermath, from the potential causes of these events to the duties of drivers and options for seeking compensation.
Common Causes of Pedestrian Accidents in California
Pedestrian accidents in California can arise from various causes, posing significant risks to individuals walking on or near roadways. Distracted driving, often involving the use of mobile devices, is a prevalent factor. Failure to yield the right of way to pedestrians, especially at crosswalks, is another common cause. The most common causes of pedestrian accidents in California include:
- Distracted driving: Drivers who are texting, talking on the phone, or otherwise distracted are more likely to cause accidents.
- Speeding: Drivers who are speeding are more likely to lose control of their vehicles and hit pedestrians.
- Drunk driving: Drivers who are under the influence of alcohol or drugs are more likely to cause accidents.
- Failure to yield: Drivers who fail to yield to pedestrians at crosswalks or intersections are more likely to cause accidents.
- Dangerous road conditions: Poorly lit roads, uneven sidewalks, and other dangerous road conditions can also contribute to pedestrian accidents.
Legal Rights of Pedestrian Accident Victims in California
Pedestrian accident victims in California have the right to seek compensation for their injuries and losses. This compensation can include medical expenses, lost wages, pain and suffering, and property damage.
To file a successful pedestrian accident claim, the victim must prove that the driver was negligent and that their negligence caused the accident. Negligence is defined as the failure to act with the same degree of care that a reasonable person would act under the same circumstances.
If the victim is successful in their claim, they may be awarded damages from the driver’s insurance company. If the driver does not have insurance, or if the damages exceed the driver’s insurance coverage, the victim may be able to file a claim with their own uninsured/underinsured motorist coverage.
In conclusion, both pedestrians and drivers must understand the legal landscape around pedestrian accident injuries in California. We at Hollingsworth & Hollingsworth APC understand the difficulties and complexities that emerge in the aftermath of such events. If you have been injured in a pedestrian accident and require legal representation, contact us at (619) 374-9320.