Pedestrian Accidents
In California, given the state’s warm weather, healthy lifestyle aspirations, and congested cities, it is no surprise that an unusually high number of people are walking, jogging, or running on the state’s roadways at any given moment in time. That may be part of the reason why California has an above-average number of pedestrian accidents each year. If you were injured in a pedestrian accident, you may be entitled to compensation for your physical injuries and emotional trauma.
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Causes of Pedestrian Accidents
We routinely refer to collisions in which a motor vehicle collides with a pedestrian as a pedestrian “accident.” In reality, however, the crash is often the result of negligence on the part of the motorist. When that is the case, the injured pedestrian may be entitled to compensation for his/her personal injuries. Some common examples of negligent conduct on the part of a motorist include:
- Speeding
- Failing to yield to a pedestrian crosswalk
- Distracted driving (texting, using a handheld electronic device, eating, applying makeup, talking to passengers in the vehicle)
- Driving while drowsy
- Driving while under the influence
A pedestrian can also be injured by others who share the walkways with them. For example, a pedestrian could be injured by a bicycle currier who is on a delivery deadline or by a distracted skateboarder.
What Should I Do Immediately Following a Pedestrian Accident?
If you suddenly find yourself to be the victim of a pedestrian accident, it helps to know what steps to take to protect yourself and your rights following the accident.
- Immediately evaluate your physical injuries. A pedestrian accident can cause anything from bumps and bruises to serious, life-threatening injuries. The first thing you should do after a pedestrian accident is to evaluate the severity of your injuries. Keep in mind that traumatic brain injuries (TBI) often do not show symptoms for hours, even days, after the injury. If you hit your head as a result of the accident, you may have a TBI. Same may apply to any type of injury you may have suffered. If warranted, arrange for immediate transport to the emergency room.
- Do not admit fault to anyone. Remember that when you admit fault to any aspect of the incident, whether to an opposing party, an insurance company, or anybody else, such admission will later be used against you. Even a kind apology may later be misinterpreted. It would be hard to believe how even your own insurance company can use information to deny your claims. Therefore, think twice before talking anything about your accident, unless you are consulting with an attorney.
- Contact the police. If you are seriously injured, call 911. Even if your injuries do not justify an emergency call, call the non-emergency number to arrange for a law enforcement officer to come out and make an official report.
- Document the scene. When possible, take pictures and video recordings of the scene of the accident, and write down any information that might be relevant to a future investigation and/or subsequent litigation. If available, get surveillance camera recordings from nearby businesses or homes.
- Gather witness information. Given the nature of the accident, there are often witnesses to a pedestrian accident. Ask anyone who saw the accident if they are willing to provide you with their name and contact information so your attorney can contact them at a later date.
- Arrange for a thorough medical examination. If you were not immediately transported to the hospital, arrange for a medical examination as soon as possible. Along with TBIs, many internal injuries show no outward signs or symptoms immediately following the injury. Nevertheless, those injuries can be life-threatened. Early diagnosis and treatment are crucial.
- Consult with an attorney. Once you have addressed your immediate injuries, consult with a pedestrian accident attorney to discuss your legal options.
How Do I Know If I Have a Compensable Pedestrian Accident Case?
If another party was completely, or partially, at fault in a pedestrian accident in which you were injured, you could have a viable pedestrian accident case. In California, you may be entitled to compensation even if you were partially at fault in the accident. The law requires a negligent party to compensate an injured victim for both economic and non-economic damages. Economic damages are measurable losses such as medical and hospital bills, lost income from time off of work, out of pocket expenses, and other losses. Non-economic damages are intended to compensate a victim for the emotional and psychological trauma resulting from the defendant’s negligence, and commonly include the well-known “pain and suffering” damages.
