San Bernardino Pedestrian Accident Attorney
While walking is good for your physical health and the environment, it can be a potentially dangerous activity. Pedestrian accidents are a common occurrence on the roadways. In the United States, pedestrian fatalities are at a 25-year high. If you or a loved one is involved in a car crash, a pedestrian accident attorney can help you get fair compensation for your injuries.
Pedestrian Accident Statistics
In 2017, almost 6,000 pedestrians were killed in an accident. The Governors Highway Safety Association states that the ongoing number of pedestrian deaths raises concerns. Even though other forms of traffic fatalities are starting to fall, pedestrian fatalities remain high.
From 2007 to 2016, pedestrian deaths increased by 27 percent. All other traffic-related deaths fell by 14 percent. In 2004, there were 4,675 pedestrian fatalities out of 42,836 total fatalities. By 2013, there were 4,745 pedestrian fatalities out of 32,719 total fatalities. This means that pedestrian fatalities went from 11 percent of total fatalities in 2004 to 14 percent in 2013. It is important to note that roughly 49 percent of pedestrian fatalities occurred from 6 p.m. to 11:59 p.m.
What Are the Laws About Pedestrian Accidents?
A pedestrian accident lawyer can help you understand your legal rights in California. In general, pedestrians and drivers are both expected to exercise caution. According to the California Vehicle Code, the driver must yield the right of way if the pedestrian is crossing a roadway within a crosswalk. The same rule applies if the pedestrian is crossing an intersection that does not have a crosswalk.
Drivers are only allowed to drive on a sidewalk if they are entering or leaving an alleyway or garage. Even in those cases, the driver must yield to a pedestrian. It is against the law for a vehicle to pass another car at a crosswalk. This is a safety precaution because the other vehicle could be stopped to wait for a pedestrian to cross. Drivers are also not allowed to stop in a crosswalk. On the other hand, pedestrians are not allowed to jaywalk. If a vehicle crashes because of jaywalking, the pedestrian is at fault for the accident.
When the driver is at fault for an accident involving a pedestrian, they can get a minimum of $220 in fines for causing injury after failing to yield the right of way. If the driver fails to yield to a blind pedestrian, they can get a maximum of $1,000 in fines, six months in prison or both punishments.
Both pedestrians and drivers must exercise due care in driving or walking. Even if the driver follows all traffic laws perfectly, they can be found negligent if they do not exercise due care. The same thing is true for pedestrians. Everyone must be aware of their surroundings and follow applicable traffic laws.
Instead of needing to hire a pedestrian accident attorney in San Bernardino, it is always better to prevent an accident from happening in the first place. With a few simple precautions, pedestrians can make it less likely that they will be the victim of a car accident. Pedestrians should always follow the rules of the road and obey all traffic signs.
If there are sidewalks or crosswalks available, pedestrians should make sure to use them. Sometimes, roads do not have crosswalks. If there is an intersection, pedestrians should walk to the intersection and cross because this is where drivers expect pedestrians to be. Once the pedestrian decides to cross, they should check all directions for vehicles. This includes checking for vehicles that are turning left or right from a different road.
Some roads do not have any intersections or crosswalks available. In these cases, find a well-lit area where you have a good view of the traffic. Wait patiently until there is a large enough gap in traffic for you to cross safely. Do not assume that a driver can see you. If there is no sidewalk on the road, walk as far away from traffic as possible. Face the traffic so that you can see what vehicles are doing as they approach you.
Do not drink or use drugs when you are walking or biking near a roadway. Intoxicants impair your judgment and abilities. In 48 percent of accidents that involved a pedestrian death, the pedestrian or the driver had been drinking alcohol. One out of three pedestrian fatalities involved a pedestrian who was legally drunk.
While walking along a roadway or sidewalk, avoid using electronic devices. You want your eyes and ears focused on the road. Pay attention to cars that may pull out of parking lots or driveways. If you are walking at nighttime, wear reflective material, or use a flashlight to make yourself more visible. During the daytime, try wearing bright clothes that are easier to see.
Types of Accidents and Injuries
Pedestrians can be injured in a variety of ways. Unlike the vehicle’s passengers, they do not have any steel or plastic protecting them during the accident. They can end up with broken bones, torn ligaments, internal bleeding, spinal cord injuries, or traumatic brain injuries. They may suffer from severe cuts, nerve damage, or leg injuries.
It is possible for pedestrians to get into an accident on a highway or roadway. They can even be involved in accidents that do not involve cars. The accident can occur on a crosswalk, at an intersection or on a sidewalk. Some pedestrian injuries involve things like tripping on uneven sidewalks or stepping into potholes. Wildlife and pets can also cause pedestrian injuries.
What to Do If You Are Involved in an Accident
After you are in a pedestrian accident in San Bernardino, focus on your safety first. Leave the road and remain nearby but at a safe place. Then, call 911 to get proper medical care. If you can, get the driver’s name, insurance details, and contact information. If the driver flees the scene, record as many of the details as possible. Write down the vehicle’s make, model, and license information. You can also try to collect photos and talk to witnesses at the scene if you are in the physical shape to do so.
When you get in an accident, it can lead to expensive medical costs and unpaid time off of work. These costs can quickly add up. To make sure you are compensated for your injuries, you need to get an experienced pedestrian accident lawyer. If you or a loved one has suffered from a pedestrian accident, contact Rizio Lipinsky today for your free consultation.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.