What If A Pedestrian Caused The Car Accident?
Car accident cases can be very difficult to investigate, especially if there are multiple parties involved. It could be even more difficult when there are pedestrians involved in a car accident lawsuit. If a pedestrian was involved, both the car accident attorneys and the insurance adjusters would want to know details such as where the pedestrian was, and what the pedestrian was doing at the time of the accident. If the pedestrian is determined to be the cause of the accident, there are specific steps you may take. This is a very rare occurrence, but when it does occur, you want to make sure that you take the necessary steps.
Many believe that pedestrians always have the right of way at every intersection and road, however this is not always the case. Both pedestrians and vehicles must obey all the laws of the road. This is specifically specified under the pedestrians’ rights and duties under the California Vehicle Code. These rights and duties lay out what a pedestrian can and cannot do. There are very specific details that a pedestrian must adhere to, and many are not even aware about these rules.
Pedestrian-involved accidents are very common in the United States. According to the Governors Highway Safety Association, there were 20 people each day that were hit by other vehicle drivers in the United States. This is the highest level of accidents compared to the last 40 years. The number of pedestrian deaths in 2021 increased by 10% compared to 2020. Many believe that this number has spiked during the pandemic because many resorted to walking around their home as a way of exercise since many gyms and recreational activities were closed. Other experts predict that the year 2022 will also experience a spike in pedestrian fatalities, especially because a majority of the population will return back to school and to work in person. As more people drive on the roads, pedestrian accidents are most likely to occur. This is a very serious issue, and several steps need to be taken to prevent pedestrian-involved accidents.
What if a pedestrian causes the accident?
There are possible cases where a pedestrian has caused the car accident. For example, if a pedestrian crosses the intersection at an improper location, or is on the highway, and causes an accident, they most likely will be held responsible for the accident. If a pedestrian is determined to be responsible for the accident, you may be able to hold the pedestrian personally responsible under a civil lawsuit. For more information on civil lawsuits, and how to file a lawsuit against a party, contact our top-rated pedestrian accident attorneys today.
The circumstances of the accident determine what the best steps may be for your specific case. There are several different factors that may determine what the best steps are, such as:
- All the parties involved in the accident
- Where the accident occurred
- How the accident occurred
- Whether any parties were drunk or under the influence of drugs
- The vehicle codes that were violated
When are pedestrian accidents likely to occur?
According to the National Highway Traffic and Safety Administration, pedestrian accidents are most common at night when drivers do not see pedestrians crossing the street. Although pedestrians can make themselves visible by wearing reflective clothing, many choose not to when walking at night. This makes it difficult when determining who was at fault, especially if both the pedestrian and the vehicle driver were negligent.
What type of damages could I receive from a pedestrian?
If a pedestrian were to cause the accident, you could receive compensation, such as:
- Medical treatment costs
- Medical equipment costs
- Emergency room costs
- Physical therapy costs
- Prescription medication costs
- Past lost wages from work
- Lost wages that apply to the future
- Emotional distress
- Punitive damages (most likely granted in DUI accidents)
What causes pedestrian accidents?
The pedestrian can be held responsible for the accident if they were:
- Walking while texting
- Walking in a location where pedestrians are not allowed
The driver can be held responsible for the accident if they were:
- Failing to yield to pedestrians
- Texting and driving
- Driving under the influence of alcohol or drugs
If you’re involved in an accident that had any of the above factors, contact our pedestrian accident attorneys today to see how we can help you with your case.
Who are pedestrians that could cause an accident?
- Children who are playing on the street
- Large crowds
What if I was hit by a jogger?
If you were a pedestrian, and were pushed or hit by a jogger on the sidewalk, you have the right to file a lawsuit against the at fault party for your injuries suffered. Even though there were no other vehicles involved, you may be able to raise a negligence claim against the jogger who pushed past you and injured you.
What if I was the pedestrian that was hit by a vehicle?
If you were a pedestrian that was hit by an oncoming vehicle, there are specific steps you must take after the accident. These include:
- Seek medical care: a pedestrian is more likely to suffer severe injuries compared to the driver in the vehicle. Pedestrians do not have a safe cushion around them to prevent them from sustaining traumatic injuries.
- Take photos of the accident scene
- Call the police immediately
- Contact a pedestrian accident attorney
Were you the pedestrian involved in the accident?
Under California law, if you were a pedestrian that was injured in an accident, the driver who was involved in the accident may be responsible for your damages suffered. When proving that the other party was negligent, the attorney must show:
- The other party, such as the driver, had a duty to drive in a reasonably safe manner
- The other parties failed to drive in a reasonably safe manner, and breached that duty
- The other party caused the victim to suffer injuries
- The victim now has damages
If you were a pedestrian, your attorney will most likely have to show that the other driver had a duty to pedestrians on the road. California laws mandate that all drivers have a duty to one another to drive responsibly. When they fail to drive responsibly, they may receive a traffic violation, or may be involved in a lawsuit.
Do you need a pedestrian accident attorney? Call us today
If you were the pedestrian involved in the accident, or if there was a pedestrian involved in your car accident, contact our accident attorneys today to see what steps you can take to make sure that you get the compensation you deserve. No two cases are alike, that is why we offer free case evaluations where we w take a look at all the details involved in your case and determine the best route to take. We are available 24/7 to assist you with your potential claim.
Our pedestrian accident attorneys at Megeredchian Law have decades of experience representing both pedestrians and vehicle drivers who have been involved in accidents. We know it may be difficult to recover after an accident, financially and physically. While you focus on your medical treatments, our car accident attorneys will focus on the best route to take to make sure that you get compensation from the negligent party.