When you are walking, running, or using the street or sidewalk for any other purpose, you are considered a pedestrian. As a pedestrian, being struck by an automobile or bicycle can be extremely painful and overwhelming. Protecting your health and legal rights is imperative during this time, so it is important to understand what to do after being involved in a pedestrian accident. If you’ve been injured, contact an experienced San Mateo County, California pedestrian accident lawyer to set up your free case evaluation today.
What Is a Pedestrian Accident?
A pedestrian accident occurs anytime an automobile, bicycle, motorcycle, or any other vehicle collides with an individual who is walking or using the road without a vehicle. California Vehicle Code 21950 states, “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection…” Drivers are required to yield the right of way to pedestrians in an effort to prevent accidents and protect road users.
While pedestrians generally have the right of way, they must also exercise due care and caution when using sidewalks and streets to prevent accidents.
What Should I Do After a Pedestrian Accident?
If you have sustained injuries while walking due to the negligent actions of a driver, understanding how to proceed is critical. These accidents can be incredibly stressful to navigate, but remaining calm and taking the necessary steps to protect yourself is imperative.
Steps to Take After an Accident as a Pedestrian
- Seek medical treatment as soon as possible: Because pedestrians are not protected by the body of a vehicle, injuries can be severe. Getting treated is important to protect your physical safety, but it will also create a paper trail of medical records, which will act as evidence in any claims later on.
- Call the police: Contacting the police ensures that help arrives on the scene and the accident is thoroughly documented. Give a statement detailing what happened and ensure a police report is filed.
- Gather evidence: While waiting for the police to arrive, you should begin documenting the scene if you are physically able. Take photos and videos of your injuries, the vehicles involved, road signs, the conditions of the environment, and anything else that may be relevant.
- Exchange contact information: You should then collect the insurance details and contact information of the parties involved, as well as any witnesses who can speak to what happened.
- Notify your insurance company: You may be surprised to learn that certain auto insurance coverages apply even if you were not in a vehicle at the time of the accident. Understanding your policy is crucial in protecting your rights.
- Contact a personal injury attorney: It’s in your best interest to contact an experienced California pedestrian accident attorney as soon as possible following an accident. An attorney can help you explain your rights and explore your legal options to help you pursue compensation.
Common Causes of Pedestrian Accidents in San Mateo County
Understanding the common causes of pedestrian accidents in San Mateo County and across central California is critical to staying alert to potential hazards and reducing the risk of injury.
Driver Negligence Is the Leading Cause
Unfortunately, the leading cause of pedestrian accidents is driver negligence. As cities and towns become less walkable, meaning infrastructure is designed with cars in mind, it becomes less safe for pedestrians to traverse their communities. As such, some of the most common forms of driver negligence that can lead to a collision with a pedestrian include:
- Speeding through intersections
- Failure to yield at crosswalks
- Drowsy driving
- Driving under the influence
- Distracted driving
- Ignoring traffic signs and signals
Who Is Liable for a California Pedestrian Accident?
While most may assume that a driver is responsible for a pedestrian accident, this is not always the case. In many cases, the pedestrian does have the right of way when crossing the street, but there are some instances in which a pedestrian may be at fault.
For example, if a pedestrian enters a crosswalk when a car is too close to safely stop, the pedestrian can face liability.
In some instances, you’ll find that both parties may face liability under California’s comparative fault law. This essentially means that an injured party will have their compensation reduced by the percentage of fault they contributed to the accident.
When Should I File a Pedestrian Accident Claim?
It’s critical to consider filing a claim for compensation if you have incurred serious injuries and subsequent medical expenses. However, most insurance companies will offer an extremely low settlement in the hopes that you do not understand the full value of your claim. As such, you should refrain from accepting an offer unless you have discussed it with an experienced attorney.
Potential Recoverable Damages
If you choose to file a claim, you may be eligible to pursue compensation for the following damages:
- Medical bills
- Future medical expenses
- Lost income
- Reduced earning capacity
- Emotional damages
- Permanent disability
- Scarring or disfigurement
- Loss of enjoyment of life
- Pain and suffering
California’s Statute of Limitations for Pedestrian Accidents
If you have suffered an injury as a pedestrian due to the negligent actions of another person, it’s critical to understand when you must file a claim. Generally, the statute of limitations for a personal injury claim in California is two years from the date on which the accident occurred. Failure to file within this timeframe will bar you from the ability to seek damages.
Contact a San Mateo County Pedestrian Accident Attorney
If you have suffered serious injuries due to the negligence of a driver, understanding your legal options is critical. That is why working with an experienced attorney with the Law Offices of Allister R. Liao P.C. is in your best interest. Our dedicated legal team understands the impact these accidents can have on your life, which is why we are committed to helping you seek the best possible outcome. Contact us today to learn more.