WHAT ARE THE MOST COMMON CAUSES OF CROSSWALK ACCIDENTS?
The vast majority of pedestrian injuries are the result of an automobile versus pedestrian impact. These accidents can be caused by a number of events, most notably the inattention of the driver, visibility issues, road signage issues, or even vehicular defects.
- A failure by drivers to follow rules of the road for pedestrians
- Drivers failing to stop at appropriate signs or lights
- Distracted drivers (phones and texting)
- Alcohol/Drugs (driving under the influence/impairment)
WHAT ARE PEDESTRIANS’ RIGHTS WHEN IT COMES TO TRAFFIC LAWS?
The laws in California tend to favor the pedestrian. Usually, the pedestrian in a number of instances does have the right of way; however, the liability of the pedestrian and the driver of a vehicle are often dependent upon the location of the impact and a variety of other factors involved in the incident. Factors such as weather, speed, or location of the impact may play a critical role in determining who is at fault for a collision. A pedestrian may be at fault for an accident if they are walking in a roadway at night outside of a crosswalk, but the driver may also end up being partially responsible due to either his speed, inattention, or failure to use lights. Pedestrian cases involve a complex legal assessment and evaluation at the onset to determine the fault of the responsible party. As a result, a pedestrian versus motor vehicle collision requires a professional and experienced attorney to deal with the motor vehicle’s insurance company adjustor and attorney.
WHAT TYPE OF COMPENSATION IS USUALLY AVAILABLE TO VICTIMS?
A pedestrian may make a claim against the insurance company of the responsible vehicle, bus, or train, whichever vehicle ended up impacting the injured client. The pedestrian is entitled to special damages. “Special damages” are damages such as medical bills, loss of income and other out-of-pocket expenses incurred by the victim. The pedestrian victim is also entitled to “general damages” which are damages such as pain and suffering and loss of consortium.
A pedestrian versus motor vehicle accident quite commonly involves serious physical injuries that are life-altering in nature. The degree of pain and suffering involved in these accidents are much more significant given the greater physical injury. Hiring a trained and experienced pedestrian attorney to thoroughly evaluate your injuries and assess the value is crucial to your financial recovery.
HOW CAN A PEDESTRIAN GET HELP IF THERE IS NO INSURANCE TO CLAIM AGAINST?
When there is a motor vehicle and a pedestrian collision occurs and the vehicle flees the scene, the pedestrian still may recover their damages. In this situation, the pedestrian may recover under the pedestrian’s uninsured motorist provision in the pedestrian’s own motor vehicle insurance policy. Many pedestrians have vehicles and have insurance that carries this uninsured motorist policy, unless in California they explicitly reject such coverage. In many situations, though, the pedestrian can recover under their uninsured motorist policies.
HOW REDKEY GORDON ARE ABLE TO HELP SOMEONE WITH A PEDESTRIAN INJURY
Pedestrian accidents can be quite complex to prosecute. The circumstances surrounding the incident have hopefully been documented by a traffic collision report. Our office will investigate the crucial circumstances of the incident. We will obtain eyewitness reports, and/or accident reconstruction experts to assist in establishing the fault and the responsible party.
Our firm has had extensive experience in prosecuting these pedestrian claims. Every case is unique. Most notably, our office was able to recover for an overly inebriated pedestrian walking in the roadway at night, when she was hit head-on by a passing driver. The police report favored the driver in the collision but the forensic analysis of the collision was not conclusive. Our office was able to recover the full amount of the driver’s insurance due to the critical analysis of the facts of the collision. Much like that situation, our office will address your case with the detailed analysis that your matter deserves.
Our firm will always provide direct communication between the attorney and the client. The personal service that our firm provides is unparalleled relative to other firms. If injured in a pedestrian collision, Redkey Gordon will aggressively investigate the cause of the collision and let you focus on rehabilitation and recovery.
If you’ve been injured in a pedestrian accident call our firm immediately for a free consultation 209-267-1685.