Pedestrian Accidents In California
As an injured pedestrian, you may recover the same damages as those injured in car accidents are entitled to recover. These include medical expenses, pain and suffering, lost earnings, emotional distress, property damage, and other damages resulting from the accident.
Avoiding pedestrian accidentsAlthough California state law states that a pedestrian has right-of-way in almost all situations involving cars, it is better for them to exhibit prudence. A recent nationwide study found that pedestrians were responsible for their accidents in over 40 percent of the cases.
There are some rules that pedestrians can follow for their own safety.
It is better to cross a roadway at marked intersections. Drivers have more visual cues signaling they need to exercise caution. The stoplights in intersections provide enough time to cross the street. Also, usually, intersections are better lit at night.
When walking in an area without a sidewalk, walk against the flow of traffic and be cautious at sharp curves and shaded areas. Wearing light colored clothing makes you more visible to drivers.
Pay attention when crossing the street. Try to determine if a driver has enough time to slow down. If not, don't step in the street. Make eye contact with the driver before crossing.
Placing the fault for injuriesThe existence of an accident report completed after a pedestrian accident is not required to pursue a claim, but it is helpful. The police report may establish that the fault for the accident is on the other party. In this case, getting damages from the insurer of the party at fault may be a more easy process.
A pedestrian can be partially or solely to blame for an accident when he or she walks out into traffic without looking or when he or she crosses the road at night outside of a crosswalk and is not visible, he or she wears dark colored clothes.
When both driver and pedestrian are at fault, insurance companies will divide the blame for the accident based on their comparative negligence.
Pedestrians, even if they were at fault for the accident, if they've suffered serious injuries or death and the driver who hit them was drunk, distracted, or speeding may still be entitled - they or their families - to damages.
It is known that unless represented by an experienced personal injury attorney, insurance companies will probably not provide a settlement as favorable as they otherwise would. It is advisable to consult with a personal injury attorney about your case.