According to a fact sheet published by the National Highway Traffic Safety Administration, as of 2015, every 7.5 minutes, a pedestrian is injured in a traffic accident. Additionally, the agency reports that in the United States, traffic accidents involving pedestrians have been increasing since 2009. Unfortunately, when a pedestrian is injured in a traffic accident, rarely is he or she the sole victim. In many cases, the victim’s family will also be affected in a variety of different ways.
In California, pedestrian accident victims have the legal right to seek compensation when the accident was caused as a result of a careless driver. Similarly, if the pedestrian was killed in the accident, the victim's survivors have the right to pursue a wrongful death case against the negligent driver for compensation. If you or a loved one was injured in a traffic accident, speak to a well-versed personal injury attorney who can advocate on your behalf.
Common Reasons Behind Pedestrian Accidents
For pedestrians in California, there is nearly no instance where they do not have the right of way on the road. When an accident occurs, and the pedestrian was not engaged in reckless behavior, it is likely the driver will be held responsible for the accident.
The following are common causes of accidents among pedestrians:
- Speeding
- Drinking while driving
- Distracted driving
- Failure to yield the right of way
- Failure to follow street signs
The Right to Compensation Following an Accident
When an accident occurs as a result of the negligent or careless actions of another, the injured party has a right to seek damages from the at-fault party by filing a personal injury lawsuit. Depending on the facts of the case, compensation for the following damages may be attainable:
- Past and future medical bills,
- Loss of wages and benefits,
- Pain and suffering,
- Amputations and disfigurement, and
- Loss of quality of life
If the pedestrian sustained fatal injuries when struck by the vehicle, the decedent’s survivors can seek compensation through a wrongful death lawsuit. Compensation for the following may be awarded:
- Funeral and burial expenses,
- Memorial services costs,
- Loss of victim’s income and benefits,
- Loss of household services, and/or
- Loss of companionship
Establishing Negligence in a Personal Injury Lawsuit
To achieve a successful case following a pedestrian accident, it is absolutely necessary to demonstrate the at-fault party’s negligence and how this action played a role in causing the victim’s damages.
Under California law, negligence is the failure to act with a level of care that a reasonable person would otherwise have exercised given similar circumstances. To accomplish a successful case, the following elements must be demonstrated by a preponderance of evidence:
- Duty - Drivers in California are legally obligated to drive in a safe and responsible manner. This includes following traffic laws and avoid driving when intoxicated or fatigued.
- Breach of Duty - The at-fault party, or defendant named in the case, breached the duty of care. This usually means that he or she has failed to drive safely. In some cases, the breach of duty will be attributed to the driver’s speeding, driving while under the influence, or failure to yield to the pedestrian.
- Cause-in-fact - It is necessary to demonstrate that the driver’s actions led to the victim’s injuries. Sometimes referred to as “but-for”, the victim will need to demonstrate that if it wasn’t for the driver’s careless actions, he or she would not have been injured.
- Proximate Cause - At-fault drivers are only held responsible for the injuries that were foreseeable as a consequence of their actions. In California, catastrophic injuries are usually considered foreseeable consequences of careless driving.
- Damages - An injured pedestrian will need to demonstrate that the accident has caused him or her to harm, such as bodily injuries, financial hardship, and property damage.
When the injured victim can establish the aforementioned elements by a preponderance of evidence, he or she will be awarded the financial compensation the court believes he or she deserves.
Defend Your Right to a Maximum Compensation with the Support of a Knowledgeable Personal Injury Attorney
Oftentimes, pedestrian accidents have catastrophic consequences that lead to a lifetime of anguish and hardship. If you or a loved one was injured in a traffic accident, it is essential to seek the legal advice of a skilled attorney who can advocate on your behalf. An experienced litigator will investigate the case, establish liability, and advocate for a maximum compensation.