A pedestrian accident is a type of accident where a person is injured while on foot on a street, sidewalk, or other public space. While many of these types of accidents are not very serious in nature, when a pedestrian accident involves a pedestrian being hit by a motor vehicle the injuries and impact the victim’s life can be drastic. If you or your loved one is involved in a pedestrian accident you should call the personal injury attorneys at Custodio & Dubey to advise you, guide you through the legal process, and help you recover the maximum monetary award for the injuries or loss you have suffered. You can call us anytime for a free, no obligation consultation at (213) 785-2909.
When we go out for a walk we rarely realize how dangerous this simple activity can really be and how tragic the end result can be. Last year nearly 5,000 pedestrians were killed in accidents and another 70,000 were injured. California has the unfortunate distinction of being one of the nation’s leaders in pedestrian accident deaths; approximately one in seven of the nation’s pedestrian fatalities happen in the golden state. The most severe of these injuries and majority of the fatalities were when a pedestrian is struck or “run over by a motor vehicle. The impact may occur while the pedestrian was crossing the street, waiting for a bus, walking along the shoulder, or even while tending help to a stalled motorist on a freeway or highway.
Two distinct groups are especially susceptible victims of pedestrian accidents- the elderly and young children. 4,000 Americans over the age of 65 were injured in pedestrian accidents of which resulted in more than 700 elder pedestrian deaths last year alone. Approximately 40% of pedestrians injured by motor vehicles are children under the age of 15. Eight percent of pedestrian accidents involving children resulted in death.
The general rule in California is that the pedestrian has the right of way. However just like the California laws that dictate a standard for proper driving on state roads and streets, there are also California state laws that control how and where pedestrians may walk. For instance, a pedestrian must always use the sidewalk when one is available. In the absence of a sidewalk, the pedestrian may walk on the road but must keep to the far left side or the edge of the road. In other words the preference is to walk on the farthest edge facing traffic. If there are sufficiently wide shoulders on the road or highway to walk on, the pedestrian may walk on either shoulder. Correspondingly California has laws that detail the duties every automobile driver owes to a pedestrian. For instance, a driver must slow down, stop, or change direction, if necessary, to permit a pedestrian with the right- of- way to cross a street safely when he is within a clearly marked crosswalk or at another lawful crossing location.
A person that is seriously injured in a pedestrian accident may be able to recover monetary damages from the driver who caused the accident as well as from other parties that can be found liable under certain circumstances such as the owner of the vehicle, the driver’s employer, or the car manufacturer. The attorneys at Custodio & Dubey are experienced and aggressive litigators that will identify all responsible parties and all possible theories of legal liability to maximize their client’s award or settlement amount.
It is not always simple to determine who is at fault in California pedestrian accident cases. The attorneys at Custodio & Dubey are well-versed in these matters and have a sophisticated staff to investigate by taking pictures of the accident scene, interviewing potential eyewitnesses, and communicating with law enforcement to help develop the facts of the accident. When the facts and information are obtained the attorneys on the case can plan a course of legal action to help the injured pedestrian recover the maximum monetary compensation they deserve for medical expenses, personal injuries, pain and suffering, and lost wages.