Pedestrian accidents can cause serious injuries. Usually these accidents occur when the pedestrian is struck while crossing a street or getting out of their vehicle. When the pedestrian is struck, they can suffer serious injuries. Usually the vehicle or object causing the accident is traveling at a high rate of speed and strikes a pedestrian. In such cases, the pedestrian does not have sufficient time to react in order to avoid or minimize the potential harm. If you or someone you know has been injured from a pedestrian accident they may be entitled to compensation.
Pedestrian Accident Statistics
Statistically pedestrian accidents are considered inaccurate because many instances of harm are not reported. If you have been injured it is important that you know your rights and take steps to obtain proper treatment.
- Over half of the pedestrians killed were males
- More than 50% of pedestrian fatalities occur in urban areas
- Children deaths resulting from pedestrian accidents cost over $5 billion dollars annually
- Most pedestrian accidents occur between the 6:00 PM to midnight
- Most pedestrian accidents are deemed no-fault or un-known fault accidents
- Pedestrian accidents usually involve impact with a vehicle
Liability for Pedestrian Accidents
Liability for injuries can be imposed either upon the individual causing the injury or a public entity such as a city or municipality.
Courts have found individual property owners liable when they failed to properly maintain their property. If it was found that they owned the road where the injury took place and failed to act properly to make the area safe, they can be held liable for injuries suffered as a result.
Pedestrian Accident Lawyer
A public entity would be considered liable if they allowed for the dangerous condition to exist on their property at the time of injury. It is also required that the injury suffered by the proximate cause of the dangerous condition. This can usually occur when there is negligence on the part of a city employee or when the public entity failed to act even when they had notice.
If the injury was committed by an employee during the time of his employment, the city can be considered liable under the theory of vicarious liability. However, when the public entity had actual or constructive notice of the issue and failed to correct it in a reasonable period of time then they will be liable. Where it can be shown that the public entity had notice of the defect, they will be required to take reparative measures. For example, if the city was informed of the condition only hours before an accident took place, then no liability would exist. However, if they had knowledge and were informed of the defective condition, yet they failed to correct it, then liability would be imposed.
Warning Signs & Defective Road Conditions
The City of Los Angeles owes certain duties to pedestrians. When the city knows of a dangerous condition, yet they fail to take any steps to correct it, they will be held liable. Where dangerous conditions do exist, particularly at intersections, the city can be found liable for injuries. Examples include liability when a pedestrian was injured while stepping off a curb in the course of entering or exiting their automobile.
Depending on the facts and whether the city or private owner of the property knew of the defective condition, liability may be found.
It is important to know your rights. Certain claims can be filed within six-months from the date of the accident, while other claims can be filed within two years. Each case is very fact driven and it is important to have a qualified attorney represent you in-order to pursue your rights.
Construction/Cement Company Liability
Third party companies, who do repairs on sidewalks or roads, can also be held liable. In cases where road work conducted by third parties causes injury, similar standards of liability can exist. Courts have ruled that where barriers forced pedestrians to enter the street or caused bodily harm, the city, contractor or both can be held liable. However, the same issues of notice, knowledge and time would exist.
A city or public entity can be held liable if they had notice and failed to properly act or they improperly employed, managed or supervised the work of a third party. It is the duty of the city to maintain common areas and it cannot absolve itself of liability, because they did not conduct the repair or road work. Thus, both contractors and the public entity can be held liable.
Fault and Right of Way – Pedestrian Accident Laws in the State of California
Generally, pedestrians are considered to have the right of way, particularly when there is an automobile in question. Drivers must yield to pedestrians and exercise a reasonable duty of care in order to prevent injuries. Pedestrians will be awarded a right to recovery unless it is demonstrated that the injury was either unforeseeable or un-avoidable. In either case, certain expert testimony is required in order to show fault or injuries. Negligence on the part of the driver, with regards to these accidents, is shown when there is evidence that it took place on the sidewalk.
Motor vehicle drivers are required to yield to pedestrians. Californian Road Rules require that drivers yield to pedestrians even on private property.
If you have been injured as a result of a pedestrian related injury, contact pedestrian accident lawyers today for a FREE case evaluation.
Common Injuries caused by pedestrian accidents with vehicles
Common injuries resulting from pedestrian accidents can include:
- Traumatic brain injury;
- Fractured skull;
- Fractured wrists;
- Broken or twisted ankle;
- Broken nose;
- Broken teeth;
- Damaged eye socket;
- Broken fingers;
- Damaged or broken shoulder;
- Knee injuries;
- Broken hip.
Should I have a lawyer? – Compensation for Your Pedestrian Accident Claim
Depending on the extent of your injuries and whether you are suing a public or private entity, a lawyer is highly recommended. You may not know the full extent of your rights or the proper parties to hold liable for your injuries. In such a case, contact a qualified pedestrian accident attorney for a free case evaluation.
Compensation for your injuries in a pedestrian accident claim can be based on:
- Hospitalization Costs;
- Current and Future Medical Costs;
- Lost Wages;
- Future Loss of Earning;
- Pain and Suffering;
- Emotional Distress including Post Traumatic Stress;
- Property Damage.
Our firm has had success handling these types of cases and continues to produce top rated results for victims of pedestrian accidents.
Trusted Pedestrian Accident Attorneys
Our top personal injury attorneys have handled and litigated thousands of cases and recovered tens of millions of dollars in settlements and verdicts against all the major insurance carriers.
Our dedicated legal team deeply cares for all of our clients. Your cause is our cause; to see to it that justice is served and full restitution for your injuries recovered, we will zealously and vigorously litigate your case until victory is achieved.
For a Free Consultation with our Personal Injury Attorneys contact us Toll Free on (888) 999-9394.