What Is Considered A Pedestrian Accident?

hurt pedestrian

Cars can collide with more than other vehicles on the road. Sometimes, they even strike people who are crossing the street or walking on the sidewalk. In fact, any vehicle can collide with a pedestrian, including motorcycles, bicycles, and commercial vehicles.

At Fisher & Talwar, we help people who are injured in pedestrian accidents. Like car accidents, pedestrian accidents are complex and no two are alike. For help with your case, please contact us today.

Types Of Pedestrian Accidents

A pedestrian accident involves any collision with a pedestrian and a motor vehicle. Some of the more common involve:

  • Car collisions
  • Motorcycle crashes
  • Bicycle collisions
  • Commercial truck accidents

A pedestrian accident typically does not include two people walking into each other or a slip and fall. Those are different areas of the law.

Based on our decades of experience, pedestrian accidents can happen in a variety of locations, including sidewalks, parking lots, and intersections. Motorists must obey the rules of the road, which give pedestrians the right of way in many situations. For example, motorists must stop at an intersection when the signal gives pedestrians the right to cross. If a motorist fails to yield, tragedy can result.

Causes Of Pedestrian Accidents

A pedestrian accident is usually caused by a careless or reckless motorist who refuses to yield the right of way or who drives too close to the pedestrian. These accidents are preventable, but motorists have not used the care necessary to prevent a crash.

Many pedestrian accidents are caused by:

  • Speeding
  • Running a red light
  • Driving into a crowd
  • Impatience
  • Distracted driving
  • Cell phone use
  • Impaired driving
  • Illegal passing
  • Confusion

Many pedestrian accidents also happen at night when visibility is low. Pedestrians can blend in with the dark, and motorists do not slow down when they approach intersections. To increase visibility, apply reflective tape to a backpack or briefcase.

Inclement weather is another contributing cause in many accidents. Fog or a hard-driving rain reduces a driver’s visibility, impairing their ability to see someone crossing in front of them.

Pedestrian Accidents & Jaywalking

Just as motorists need to obey the rules of the road, pedestrians must follow the rules also. A pedestrian should only cross a street at the intersection. Unfortunately, many pedestrians shoot into traffic, which is called jaywalking. Under 21955 VC, it is illegal in Los Angeles to jaywalk, which can result in a fine for around $200.

Jaywalking can also impede receiving fair compensation for your injuries. California is a comparative fault state, where the victim’s own negligence comes into play. For example, if you were jaywalking, you might be 50% to blame for the accident. This contributory negligence reduces your compensation by the proportion of fault. Someone 50% to blame will receive only half of what they otherwise could. If your injuries are worth $100,000, you will only get $50,000, to account for your own contribution to your accident.

Other examples of negligence include walking on the road (when there is a sidewalk) and walking with headphones on and your back to traffic. Review your case with a Los Angeles pedestrian accident attorney.

Obtaining Compensation Following A Pedestrian Accident

Pedestrians can suffer a variety of losses following an accident, including expensive medical bills and rehabilitation. Pedestrian accidents tend to cause serious injuries because the pedestrian is so unprotected. Unlike passengers in a moving vehicle, a pedestrian does not have a steel cage protecting them from a direct impact.

Many of our clients suffer serious brain injuries, fractures, back injuries, abrasions, and spinal cord damage. Less serious injuries include contusions, sprains, and strains, which nevertheless can leave a person in considerable pain.

Many clients must miss months of work to recuperate. During this time, they lose out on necessary income, which makes it difficult to pay their bills.

Obtaining compensation is not straightforward in a pedestrian accident. If you are hit by a car, then the driver should have bodily injury liability insurance to pay out a claim. The same is true if you were struck by a commercial vehicle, like a taxi or sanitation vehicle.

If you were hit by someone on a scooter or bicycle, however, then obtaining compensation could be difficult. California does not require that cyclists carry liability insurance, so there might not be any funds available to cover your losses.

Our Los Angeles Pedestrian Accident Attorneys Are Here For You

Fisher & Talwar is a leading law firm representing the rights of injured people. After a pedestrian accident, you might not understand your rights or what steps to take. We can help. Contact us today to schedule a free consultation.

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