Pedestrian Accidents
Our lawyers can help you get the money for your injuries quickly.Pedestrian accidents in California have historically had a higher number of fatalities compared to many other states in the US. Several factors contribute to the occurrence of pedestrian accidents.
To address the issue of pedestrian accidents, California has implemented various safety initiatives, such as:
- Public awareness campaigns to educate both drivers and pedestrians about safety measures and traffic laws.
- Traffic calming measures in certain areas to reduce speeding and improve pedestrian safety.
- Enhanced law enforcement efforts to crack down on distracted and impaired driving.
Despite these efforts, pedestrian safety remains an ongoing concern.
What factors can contribute to pedestrian accidents in California?
Firstly, High Population Density. One of the most populous states in the US is California, and urban areas with high population density often witness more pedestrian-vehicle interactions. Secondly, Traffic Congestion! Major cities, such as Los Angeles and San Francisco, experience heavy traffic congestion, which can lead to more opportunities for accidents involving pedestrians.
Lack of attention can account for a lot of accident contributions.
Distracted Driving: The use of smartphones and other electronic devices while driving has contributed to an increase in distracted driving accidents, including those involving pedestrians.
Speeding and Reckless Driving: Speeding and reckless driving behaviors increase the likelihood of severe accidents involving pedestrians.
Also, a Lack of Pedestrian-Friendly Infrastructure. Some areas lack proper crosswalks, pedestrian signals, and other infrastructure designed to protect pedestrians.
Alcohol and Substance Use! Drunk driving or pedestrians under the influence of alcohol or drugs can lead to accidents.
Who’s at fault, the pedestrian or the driver? Breaking Down Liability for Pedestrian Accidents in California.
Proving liability means showing that the other party involved (usually the driver of the vehicle) was at fault for the accident. Here are some steps to help you establish liability in a pedestrian accident personal injury claim:
- Gather Evidence
- Seek Medical Attention
- Document Your Injuries
- Police Report
- Follow Traffic Laws
- Consult an Attorney
- Witness Testimony
- Surveillance Footage
- Expert Witnesses
How to Prepare Yourself to Gather Evidence After an Accident:
Collect as much evidence as possible from the scene of the accident. This may include photographs of the accident scene, any visible injuries you sustained, damage to the vehicle involved, skid marks, traffic signs or signals, and weather conditions. Also, try to obtain contact information from any witnesses who saw the accident.
After a Pedestrian Accident, Seek Medical Attention!
Most importantly, get medical attention immediately after the accident, even if your injuries seem minor. Moreover, your health and safety are the top priorities. Additionally, medical records can serve as essential evidence of your injuries and their connection to the accident.
Proving Liability? Make Sure to Document Your Injuries! If You’ve Been in a Pedestrian Accident:
Keep a record of all medical treatment, doctor visits, medications, and any limitations the injuries have imposed on your daily life. For example, this documentation can help demonstrate the extent of your injuries and their impact on your well-being.
Why you Should Always File a Police Report!
Report the accident to the police, and make sure a police report is filed. The report may contain valuable information about the accident and any preliminary determination of fault.
It’s Best Practice to Always Follow Traffic Laws:
Make sure you were following all applicable traffic laws as a pedestrian when the accident occurred. If you were jaywalking or crossing against the traffic signal, it could affect your ability to establish liability.
Pedestrian Accident Victim? Consult an Attorney:
Consider seeking legal representation from a personal injury attorney with experience in pedestrian accident cases. For instance, an attorney can help you navigate the legal process, protect your rights, and gather evidence to establish liability.
Yes, You Should Get a Witness Testimony, if You’ve Been in a Pedestrian Accident!
If there were witnesses to the accident, their testimony can be invaluable in determining fault. Your attorney can interview witnesses and collect their statements to support your claim.
Most Pedestrian Accidents Happen Near High Traffic Locations, Try to Gather Surveillance Footage from Nearby Buildings & Shops:
If the accident occurred in an area with surveillance cameras (e.g., traffic cameras, nearby businesses), try to obtain the footage if possible, as it could provide evidence of how the accident happened.
Do You Need an Expert Witness for a Pedestrian Accident Claim in California?
In some cases, it may be necessary to bring in expert witnesses, such as accident reconstruction specialists, to provide an expert opinion on how the accident occurred and who was at fault.
What if its the City’s fault for a Pedestrian Accident?
Most importantly, in certain circumstances, the city or municipality where the pedestrian accident occurred can be held liable for the incident. Secondly, the concept of holding a city or municipality responsible for injuries resulting from a pedestrian accident typically falls under the legal doctrine of “municipal liability” or “governmental liability.”
Here are some situations in which the city may be held liable for a pedestrian accident:
- Dangerous Road Conditions: If the pedestrian accident was caused by hazardous road conditions, such as poorly designed intersections, inadequate signage, malfunctioning traffic signals, or poorly maintained sidewalks, the city might be held liable for not properly maintaining the roadways and ensuring pedestrian safety.
- Negligent Road Maintenance: Additionally, if the city was aware of dangerous road conditions and failed to address them in a reasonable timeframe, they may be deemed negligent and potentially liable for resulting accidents.
- Inadequate Crosswalks and Traffic Controls: For example, if the city did not provide proper crosswalks, pedestrian signals, or other traffic controls in areas where they were necessary, and this led to the accident, the city could be held responsible.
- Dangerous Intersection Design: Moreover, if an intersection’s design is inherently dangerous and has a history of accidents, the city may be held liable for not redesigning or improving the intersection to enhance safety.
- Public Transportation Accidents: Lastly, if the accident involved a city-owned public transportation vehicle and was due to the driver’s negligence or improper maintenance, the city might be held liable.
Can I sue the city or municipality?
It’s essential to note that suing a city or municipality involves navigating specific legal processes, which can be more complex than filing a claim against an individual or a private entity. Governmental entities often have immunity protections, so it’s crucial to follow specific procedures and timelines when bringing a claim against a city.
Additionally, remember each personal injury case is unique, and the process may vary depending on the specifics of your situation. Consulting with VBV Law Group will provide you with the most accurate and relevant advice for your specific case.