Pedestrian Accidents in San Diego
The statistics documenting the number of injuries and deaths caused by pedestrian accidents throughout the state of California each year are astounding. According to the California Highway Patrol, in 2008 there were 23 fatalities and 533 injuries involving pedestrians in San Diego. In one year, pedestrian accidents accounted for the death of 63 lives and the injuries sustained by 998 individuals. Some of the top causes of pedestrian accidents include a driver who fails to yield the right of way to a pedestrian at a crosswalk, hit and run accidents, and a driver not making a complete stop. As our society encourages a more pedestrian way of life, whether it be for health, environmental, social, or financial reasons, the reality is that as a pedestrian we are all at risk.
Are There Laws that Protect Pedestrians in California?
Depending on the circumstances of the accident itself, there are some statutes that may help determine the liability of a driver who is involved in an accident with a pedestrian. For example, California Vehicle Code section 21950 states that a driver of a vehicle “must” yield the right of way to a pedestrian crossing a street within a marked or unmarked crosswalk at an intersection. This same section of the California Vehicle Code also states that a driver of a vehicle approaching a pedestrian within a marked or unmarked crosswalk “shall” exercise all due care and “shall” reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian. If you or a loved one was a pedestrian victim in crosswalk accident, there is a specific law that protects your rights.
Also, depending on who caused the pedestrian accident, you may have to file a claim within 6 months of the incident if a government agency was negligent by directly causing the accident or by failing to maintain a roadway. If this is the situation, you will definitely need to follow the procedures involved for filing a claim with a particular agency before going to court, or have an experienced attorney file the claim for you. Knowing your rights is paramount if you intend to seek recovery for an injury in a pedestrian accident.
Are Pedestrian Accidents Considered Minor Under California Law?
The answer to this question is NO. Given very recent settlements and verdicts in California, the seriousness of pedestrian accidents knows no bounds – especially not when it causes someone permanent injury, or causes a family to suffer the death of a loved one. Some of the most serious cases involve injuries such as traumatic brain injury, spinal cord injury, and fractured bones. These injuries can lead to paraplegia, quadriplegia, or even death.
For example, a recent California case resulted in a multi-million dollar payment to the victim pedestrian who suffered massive injuries when he was hit by a trash hauling truck and dragged 20 yards. In another case, which occurred in San Diego, a man died after he was crushed by a collapsing structure covering a pedestrian walkway. In that case, the scaffolding company was held responsible to the family for the man’s death. In yet other pedestrian injury cases, each victim recovered millions from the responsible party: an insurance company that indemnified the negligent driver, the employer that bore responsibility for an act of an employee, or the state agency that failed to maintain a road.
Should You Seek the Advice of a Lawyer If You Are Injured in Any Type of Pedestrian Accident?
When there is a question of legal responsibility and you are injured, it is always best to consult an experienced trial lawyer. There are many issues involved in determining who is at fault, and many things that may limit or bar victim compensation if each step is not handled correctly. In a pedestrian accident case, the parties involved are not only limited to the driver of the vehicle and the person injured. There are insurance companies to deal with, possible claims to be filed with the government, experts to be consulted, medical treatment to be sought, and financial and other losses to be computed.
If you are involved in a pedestrian accident, the personal injury attorneys at San Diego Law Firm are seasoned, experienced, and diligent, and are available to help you. Call them at 619-794-0243 to discuss the specifics of your case and to obtain a thorough and honest assessment of your potential claim.
