Pedestrian accidents are one of the most dangerous road accidents. When you, unfortunately, get in one, you might have to deal with a lot of expense, pain, and trauma. You might not be able to get back to your job for a long time or at all.
That said, here's a quick guide to pedestrian accident claims in California, as our Anaheim Personal Injury Attorneys often handle them.
A Quick Guide To Anaheim Accidents And California Personal Injury Laws
Accidents involving pedestrians can occur whenever a person walks near traffic, including parking lots, sidewalks, crosswalks, and other crossings. Because pedestrians are difficult to see in the dark, many pedestrian accidents occur at night. Furthermore, because pedestrians do not typically wear reflective or retroreflective clothing like cyclists, a distracted or impaired vehicle or motorist can collide with them, even if they follow all sidewalk restrictions.
What Usually Causes Pedestrian Accidents
Pedestrians usually have the right of way on sidewalks, save in unusual instances. It is the driver's responsibility to give way to pedestrians who are legally crossing the street.
Pedestrians are routinely struck by reckless, inattentive, or drunk drivers who fail to give the right of way, despite their best attempts to cross at crosswalks and junctions and stroll on sidewalks and shoulders.
Here are several examples:
- The motorist isn't paying attention to what's going on around him.
- The driver is preoccupied with their phone.
- Crosswalks with design errors that bypass traffic flow.
- Pedestrians are ignored by automobiles and bicycles.
- Turning without looking in both directions
- The speed limit isn't followed
- When a driver drives while drunk
Pedestrian injuries are significantly more common in cities than in rural areas, although they can happen on country roads. Winding roads with little visibility and high speeds are ideal circumstances for a serious crash.
Finding the negligent party that led to your injuries is essential if you've been in an accident. To help you with that, consult with an Anaheim Pedestrian Accidents Attorney.
Accidents That Happen In Crosswalks
In some situations, a pedestrian accident in California is not completely the fault of the driver. A pedestrian accident may also be caused by the position of the crosswalk and the road design.
As a result, individuals who construct and manage public crosswalks must consider pedestrian safety. If they fail to do so and the crosswalk becomes dangerous, those responsible will be held liable.
Engineering firms and state governments may be cited as defendants in crosswalk position negligence cases. An Anaheim Personal Injury Lawyer may be able to help you understand the nuances of your case.
Injuries That Commonly Happen As A Result Of Pedestrian Accidents
Pedestrians injured by autos may suffer life-threatening injuries. Because the human body cannot survive the injury inflicted by a collision with a moving vehicle, pedestrian accidents are usually fatal (no matter how minor compared to other types of crashes).
Thousands of pounds of metal will also inflict serious injuries, and you may experience one or more of the following:
- Paralysis or other loss of control can result from spinal cord injury.
- Broken bones and injuries to other elements of the musculoskeletal system are examples of orthopedic injuries.
- Deep wounds (lacerations) and fractures, as well as organ damage (contusions).
- Concussions, as well as more serious traumatic brain injury (TBI) or coma, may occur.
- Eye injury and vision loss can occur as a result of dental or facial trauma.
Almost always, there are scratches, scrapes, and bruises. However, broken bones, concussions, internal bleeding, and even death are also possibilities for a victim. These injuries could be costly financially and emotionally. Contact an Anaheim Personal Injury Attorney to help you get compensation for them.
What Can You Do to Avoid Pedestrian Accidents?
Pedestrian collisions are more common than you might think. Taking extra precautions while walking in congested areas will go a long way. Here are a few tips:
- When possible, walk on the sidewalks. If there isn't one, walk in the opposite direction of traffic flow, keeping as much space between you and passing cars as feasible. You'll be able to see where the vehicles are heading and avoid being hit from behind as a result.
- Keep your eyes peeled. Stop using electronic devices that take your eyes (and ears) off the road when walking. Crosswalks and designated lanes should be used.
- Cross in a well-lit area where approaching traffic may be seen clearly. Wait for a traffic break that will enable you to cross safely. Never assume that a driver will always see you.
- Wear bright and reflective clothing. This is to increase your visibility as much as possible.
- Watch out for cars moving into or out of driveways, backing up, parking, or maneuvering through parking lots. If a driver doesn't notice you in their automobile mirrors, you'll never know.
- Avoid consuming alcoholic beverages and other substances that impair your senses. Walking on busy streets with impaired judgment can result in unfortunate occurrences.
However, despite all caution, accidents can still happen. No matter how cautious and responsible you are, you might still run into negligent parties that get you caught up in the mess. That said, make sure to work alongside an Anaheim Personal Injury Lawyer to help you.
What Can Drivers Do to Avoid Pedestrian Accidents In California?
- Always be aware of pedestrians and keep in mind that everyone is accountable for their own safety.
- When driving in the dark, bad weather conditions, or in other difficult-to-see situations, use extra caution and slow down.
- When turning or approaching a crosswalk, be ready to stop even if you don't see a pedestrian right away.
- In crosswalks, give way to pedestrians.
- Never drive while inebriated, intoxicated, or under the influence of narcotics.
- Stick to the speed limits, particularly in locations where there are a lot of pedestrians.
- Slow down in school zones and neighborhoods where children may be present or playing in the street.
- Be extremely cautious when driving in reverse because pedestrians may be present.
If You Get Into An Accident, Here's What You Should Do
If you've (fortunately) never been in an accident before, you might not know what to do next to safeguard your legal rights. Regrettably, making mistakes can jeopardize your ability to recover full compensation for your losses.
If you follow the steps below, you should be on the right track:
- Seek medical assistance. Your safety should be your top priority following a pedestrian collision. It would be best if you got medical assistance as soon as possible to determine the degree of your injuries. You'll also keep track of your injuries. This report could prevent the insurance company from claiming that your injuries were caused by the accident or that they were not as serious as you claimed.
- Pay heed to what your doctor says. Several injuries heal faster and require less total care when a patient follows their treatment plan. Furthermore, if you stick to the treatment plan your doctor suggests, you'll have a better notion of prior and future medical bills.
- You should write down or record everything you remember about the accident. Taking notes can be extremely useful. Receiving a reference that refreshes your recollection of the accident's key components would be beneficial if the insurance claim ends up in court two or three years later.
- Collect any documents that pertain to the incident. Compile a folder or file for all accident-related paperwork. For example, collect hospital bills, receipts, photographs, witness names, and letters or e-mails from insurance providers.
- Get a copy of the accident report. You can get your copy of the police report from the law enforcement department that responded to your accident as soon as it is completed.
- Don't try to bargain with insurance companies on your own. Insurance firms are still businesses, and they will do everything possible to save money, even if that means spending it on you. Make sure you hire an Anaheim Pedestrian Accident Lawyer, so you don't have to settle for an unfair amount.
- Never bring up the matter in public or on social media. Any public statements you make right now could jeopardize your case. Furthermore, you may expect your insurance provider to have access to (and read) everything you write on the internet. As a result, refrain from discussing or providing photographs or comments on your case. In general, you should refrain from utilizing social media until your case has been resolved completely.
Hire one of our pre-screened Anaheim Personal Injury Lawyers to prevent saying or doing the wrong thing. Your lawyer can deal with insurance companies, conduct independent investigations, and represent you in a personal injury case.
Do I Have a Personal Injury Case in California?
Personal injury regulations in California can be complicated. Whether you're facing a large medical bill after an accident or simply need help understanding your legal options, knowing how "negligence" is defined under California law might be advantageous.
You may be unclear where to turn or where to start if you've been injured in a pedestrian accident. You might not know where to begin when it comes to securing fair compensation for medical expenditures, lost wages, disability, and other expenses.
If, on the other hand, your injuries were caused by another person's or organization's negligence, you may be able to file a personal injury claim with an Anaheim Pedestrian Accidents Attorney to recover your financial damages.
The Importance of Negligence in Personal Injury Claims for Pedestrians
The inability to use caution is the essential element in defining "negligence." The plaintiff and their pedestrian accident lawyer in California must establish that the defendant was careless to the point where the victim suffered damages as a result of it in order to win a personal injury lawsuit. As a result, highlighting the breach of duty of care and providing a comprehensive analysis of the losses incurred as a result of the violation is crucial.
Proving the other parties' responsibility in the claim is one of the most important components of obtaining the most reasonable compensation or damages. Your legal team, for example, will have to prove the defendant's negligence in most pedestrian accidents and personal injury lawsuits.
As you and your Anaheim Personal Injury Attorney work on your case, your lawyer will be able to explain and clarify any areas of your case that are unclear to you. One of these difficulties, for example, is estimating liability/responsibility in situations involving multiple defendants.
When More Than One Person Is to Blame For Your Injuries
In a personal injury case, it is not rare for multiple parties to be held accountable. While this may complicate conversations and require more time spent gathering evidence, the court is ultimately responsible for assessing how much each listed defendant is responsible for the plaintiff's damages.
Your skilled Anaheim Personal Injury Lawyer must show that each defendant named in the complaint carries some responsibility.
Multiple drivers or a corporation that built faulty crosswalks, for example, could be cited as defendants. Your lawyer will explain how each of the defendants in your case will be held accountable for their part in the accident.
If your California personal injury claim goes to trial and the court finds that all of the defendants are guilty or culpable on various levels, this is what will happen.
The defendants are responsible for compensating the victim in that case. These several defendants are likely to bargain amongst themselves during settlement negotiations to determine their responsibility percentages.
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