When a vehicle hits a pedestrian in California, the situation often involves complex legal and personal challenges. This blog post offers insights into these complexities, including the responsibilities of drivers and pedestrians under California law, and highlights how the Law Offices of Brown & Gessell can support victims of pedestrian accidents through expert legal guidance and dedicated representation.
Turn to Brown & Gessell After California Pedestrian Accidents
The Law Offices of Brown & Gessell, based in Stockton, California, specializes in personal injury law with extensive experience handling cases involving car accidents, wrongful death, medical malpractice, and specifically pedestrian accidents. We are deeply committed to protecting the rights of injury victims and their families throughout Northern California, providing personalized attention and aggressive advocacy to secure fair compensation.
Guidance for Victims of Pedestrian Accidents
Pedestrian accidents can result in serious injuries or wrongful death, causing physical, emotional, and financial hardship. Brown & Gessell understands the trauma victims face and offers compassionate support while navigating the complexities of insurance claims and legal proceedings. We help victims document their injuries, medical expenses, lost wages, and other damages to build a strong case.
Legal Pathways for Pursuing Compensation
Victims of pedestrian accidents in California may pursue compensation through personal injury claims against negligent drivers or other liable parties. Brown & Gessell assists clients in understanding their rights, evaluating the value of their claims (including economic and non-economic damages), and negotiating with insurance companies. If necessary, we are prepared to take cases to trial to ensure justice is served.
By working with Brown & Gessell, injured pedestrians gain a dedicated legal team focused on securing the compensation needed for medical care, recovery, and restoring financial stability after an accident.
Legal Obligations of Drivers in California to Avoid Hitting Pedestrians
In California, drivers have a clear legal obligation to avoid hitting pedestrians, especially when those pedestrians are crossing within marked or unmarked crosswalks. According to California Vehicle Code Section 21950, drivers must yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. This means that whether a pedestrian is using a clearly painted, marked crosswalk or an unmarked crosswalk at an intersection, drivers are required to slow down or stop to allow the pedestrian to cross safely.
A marked crosswalk is typically indicated by painted lines on the road, while an unmarked crosswalk exists at intersections even if no lines are present, recognizing that pedestrians have the right to cross there. The law emphasizes that drivers must exercise due care to avoid collisions with pedestrians who are crossing, regardless of whether the crosswalk is marked or unmarked. This duty extends beyond just yielding; drivers must remain vigilant and anticipate pedestrians entering the roadway.
Failure to yield at marked and unmarked crosswalks can result in legal liability for drivers, especially if an accident occurs. The law balances protecting pedestrians while also requiring them to use reasonable care for their own safety, but the primary responsibility to prevent hitting a pedestrian lies with the driver. Understanding these obligations is crucial for both drivers and pedestrians to promote safety on California roads.
Liability and Fault Determination in Pedestrian Accidents
Determining liability in pedestrian accidents involves a careful examination of the circumstances surrounding the incident, including adherence to pedestrian signals, traffic laws, and pedestrian laws designed to protect the person walking. In California, both drivers and pedestrians have legal responsibilities, and fault is not automatically assigned to one party.
One key concept in these cases is comparative negligence, which means that fault can be shared between the driver and the pedestrian based on their respective actions. For example, if a pedestrian fails to obey pedestrian signals or crosses outside a designated crosswalk, they may be found partially at fault. Under California’s pure comparative negligence rule, a pedestrian’s compensation can be reduced by their percentage of fault, but they can still recover damages even if they are mostly at fault.
Traffic laws require drivers to yield to pedestrians at marked and unmarked crosswalks, but pedestrians must also exercise reasonable care, such as obeying pedestrian signals and crossing safely. Because pedestrians are considered vulnerable road users, courts often scrutinize driver behavior closely, including factors like speeding, distraction, or failure to yield.
Ultimately, liability is determined by assessing all relevant evidence, including witness statements, traffic camera footage, and expert analysis. This balanced approach ensures that both parties’ responsibilities under pedestrian laws and traffic laws are fairly evaluated to reach an equitable outcome.
Common Injuries and Consequences Faced by Pedestrians in Traffic Accidents
Understanding these risks highlights the importance of strict adherence to crosswalk laws, walk signals, and right of way rules by both pedestrians and drivers to ensure safety on shared walking paths and roadways.
Head and Brain Injuries: Often caused by impact with an oncoming vehicle or the ground after being struck, these can include concussions, traumatic brain injuries, and skull fractures.
Spinal Cord Injuries: Collisions with motor vehicles can lead to partial or complete paralysis due to damage to the spinal cord.
Broken Bones and Fractures: The arms, legs, ribs, and pelvis are commonly fractured when pedestrians are hit, especially when struck while following walk signals or crossing within designated bike lanes or pedestrian paths.
Internal Injuries: Damage to organs such as the lungs, liver, or spleen can result from the force of impact with an oncoming vehicle.
Soft Tissue Injuries: These include bruises, lacerations, and muscle tears caused by the accident or from falling onto the pavement.
Psychological Trauma: Experiencing a pedestrian accident, even when following crosswalk laws, can lead to anxiety, PTSD, and other emotional consequences.
Long-term Disability: Severe injuries may result in permanent impairments, affecting a pedestrian’s ability to work or perform daily activities.
Fatalities: Tragically, many pedestrian accidents involving motor vehicles result in death, especially when right of way rules or walk signals are ignored.
Pedestrians face these consequences simply by crossing the street. If motorists aren’t paying attention or don’t take right of way laws seriously, a simple walk can turn deadly in an instant.
Brown & Gessell Assists Clients in Navigating Pedestrian Personal Injury Claims
At the Law Offices of Brown & Gessell, we are deeply dedicated to helping victims of pedestrian accidents regain control of their lives after a traumatic event. We understand that crossing the street safely involves more than just following traffic signals and traffic lights. It requires vigilance from both pedestrians and drivers. When these important rules are ignored or violated, the consequences can be devastating.
Our experienced legal team is committed to guiding you through the complex aftermath of a pedestrian accident. We work tirelessly to investigate the circumstances surrounding your case, including whether all traffic signals and crossing rules were properly observed, to build a strong claim on your behalf. Our goal is to secure the financial support you need to cover medical bills, lost wages, rehabilitation costs, and other damages resulting from the accident.
We recognize that every case is unique, and we provide personalized attention to ensure your rights are protected at every stage. Whether you were injured while obeying traffic lights or navigating a crosswalk, we stand ready to advocate for your best interests.
If you or a loved one has been hurt in a pedestrian accident, don’t hesitate to reach out. Contact the Law Offices of Brown & Gessell today for a free consultation. Let us help you understand your legal options and fight to obtain the compensation you deserve. Your safety and well-being are our top priorities, and we will be with you every step of the way to ensure justice is served.