Accidents Involving Pedestrians: Causes and Legal Rights
Walking around in a big city like Los Angeles may be a great experience but it can come with its share of dangers as well. Unfortunately, pedestrian accidents in Los Angeles, California are not at all uncommon. According to a report from the Los Angeles Times, a total of 1,133 people died in pedestrian accidents in Los Angeles between 2011 and 2020. That trend has continued with the LAPD Traffic Division statistics showing that there were more than 170 pedestrian deaths in 2023.
What is a Pedestrian Accident?
Many people might be asking, what exactly is a pedestrian accident? Well, a pedestrian accident happens when a person who is standing, walking, or running in the street gets struck by a motor vehicle.
California Vehicle Code (VC) 467 defines a pedestrian as someone who is on foot or someone who is using a human-propelled transportation device other than a bicycle. Someone using a motorized assistive mobility device can also be considered a pedestrian if the person is using it because of a physical disability or some other valid reason.
Common Causes of Pedestrian Accidents
While some may think that this does not happen quite often with so many traffic safety measures in place, Los Angeles has been one of the cities in the country where pedestrian accidents are problematic. One common cause of pedestrian injuries and accidents in Los Angeles is distracted driving by motorists. With the thousands of vehicles driving through the busy streets of Los Angeles, some may get distracted and lose focus while they are on the road. This can be because they are using their phones to call or text someone or they may be eating or drinking while they drive their vehicles.
Another common reason for pedestrian accidents is speeding by motorists. Driving a car or a truck at high speeds on streets where there are many pedestrians is just an accident waiting to happen. The same can be said about drunk driving or driving under the influence of marijuana which lead to pedestrian accidents in Los Angeles.
Pedestrian Rights and Responsibilities
If you live in Los Angeles, it is important to know your rights as pedestrians in the city. This is actually enumerated in the California Vehicle Code. One of the pedestrian rights included in the said law is the right of a pedestrian’s convenient access and travel without being injured. The law likewise provides that the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the road within any marked crosswalk or within any unmarked crosswalk at an intersection.
The law likewise mentions the rights and responsibilities of pedestrians when it comes to using sidewalks. Sidewalks are areas on the street where pedestrians may safely walk and be safe from vehicles. As such, the law states that the driver of a vehicle must yield to any pedestrian approaching a sidewalk.
While drivers do have to observe traffic laws and regulations to help prevent accidents from happening, pedestrians likewise have their own responsibilities as well. The California Department of Motor Vehicles has even published on its website some of the responsibilities that pedestrians need to observe. These include obeying traffic signals, using a crosswalk at intersections, letting vehicles have the right of way if there are no traffic signs, and not holding up traffic whenever they are crossing the street, among others.
Types of Pedestrian Injuries
Getting in a pedestrian accident is not something that anyone would want to happen. The pedestrian injuries that you can get from the accident can range from minor scrapes and bruises to more serious injuries such as broken bones, head injuries, and spinal cord injuries. In some instances, the pedestrian accident can even result in death.
One of the most common types of injuries is brain damage or concussion. This usually happens when the person walking is knocked down to the ground and hits his or her head on something hard like the street or another object. Brain damage from pedestrian accident needs to be immediately diagnosed by a medical doctor to prevent additional damage such as hemorrhage which can lead to death.
Understanding California Traffic and Pedestrian Laws
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Having a better understanding of California Traffic Laws can be extremely significant in avoiding pedestrian accidents. California crosswalk laws, for instance, are very important not only for drivers to understand but the same goes for pedestrians. It can also be important when it comes to determining who is liable in case of pedestrian accidents.
An example of this is VC 21955 which prohibits pedestrians from crossing any roadway other than a crosswalk for intersections where the traffic is being controlled by traffic lights or police officers.
While pedestrians usually enjoy the right of way whenever they are on the streets, there are certain exceptions. For example, VC 21954 states that pedestrians must yield the right-of-way to vehicles when they want to cross any street other than a crosswalk. California laws likewise state that pedestrians must not walk on bike lanes where there is a sidewalk or walking path available on the side of the road.
California laws likewise provide for speed limits that help prevent speeding in areas where there are many pedestrians. VC 22352 for instance provides that, unless otherwise posted, the prima facie speed limit is 25 miles per hour in business and residential districts and school zones. This means that drivers cannot drive their vehicles faster than 25 miles per hour when they are in areas frequented by many pedestrians.
Impact of Weather Conditions in Pedestrian Accident in Los Angeles
Several factors can affect pedestrian accidents in Los Angeles and one of the most common ones is the weather. There is not a lot of rainfall in Los Angeles, with the city being mild to hot for most of the year. If it does rain in the city, however, the slippery road conditions may take drivers by surprise and can contribute to pedestrian accidents in Los Angeles.
Aside from rain, fog may be another factor that leads to accidents involving pedestrians. Reduced visibility during foggy conditions can increase accident risks for both drivers and pedestrians alike. People driving their cars at high speeds may find it difficult to see pedestrians who are crossing the street. Pedestrians may likewise find it hard to spot cars on the road, especially if they are driving fast.
For pedestrians, it is important to take the necessary precautions to avoid getting into accidents during challenging weather conditions. Taking extra time to check both sides of the street before crossing can make a big difference, especially during foggy or rainy conditions. Also, walking carefully and staying alert while on the street will help prevent pedestrian accidents during these types of weather conditions.
Safety Tips for Pedestrians to Prevent Accidents in Los Angeles
Even on regular days, however, pedestrians should always take every precaution to keep them safe while walking in Los Angeles. For one, being visible during nighttime is one safety tip that everyone should remember. Walking along lighted areas and making sure that you stand clear of parked cars or other obstacles before crossing the street can help make sure that drivers see you and avoid unwanted accidents.
Making sure to follow California crosswalk laws and using only designated crosswalks when crossing the street is another safety tip for pedestrians. Strictly following traffic lights can also make a big impact in preventing pedestrian accidents from happening.
While oftentimes the cause of pedestrian accidents in Los Angeles is attributable to drivers, pedestrians also have to do their part in preventing these types of accidents. Not using smartphones and avoiding distractions while walking will surely reduce the risks of getting into pedestrian accidents.
Recovering Damages After a Pedestrian Accident
Unfortunately, despite taking all the necessary precautions, sometimes pedestrian accidents can still happen. If you find yourself being a party in a pedestrian accident, it is important to understand the liability of each individual involved to have a better idea of the legal steps that you can take.
The driver of the vehicle is most commonly the party considered at fault when it comes to pedestrian accidents. This is due to the fact that pedestrians enjoy the right of way when crossing at crosswalks. This is not absolute, however, because a driver’s liability may change if the pedestrian did not follow traffic laws, was distracted, or was otherwise at fault which resulted in the accident.
It is important to note that the state of California follows the pure comparative negligence rule. This means that a person can still recover damages even if he or she is as much as 99% at fault in a personal injury case such as one arising out of a pedestrian accident. Under this doctrine, the amount of damages that a person may be entitled to may be reduced based on that person’s degree of fault which brought about the pedestrian accident.
A person who gets into a pedestrian accident may be entitled to two types of compensation as a result of the incident. The first is economic damages which refer to compensation that a person may recover for measurable losses that he or she incurred or will likely incur after a pedestrian accident. It would also cover loss of earning capacity if the person would not be able to perform the same job or work then he or she may be entitled to economic damages for the loss of earning capacity as a result of the accident.
The second type of compensation that is available for victims of pedestrian accidents in Los Angeles is non-economic damages. This involves compensation for damages that an individual suffers which are immeasurable or not readily calculable. Falling under this type of compensation are damages for emotional or psychological distress, physical pain and suffering, or loss of quality of life, among others.
When it comes to recovering damages as a result of pedestrian accidents, insurance companies may play a significant role even for the injured pedestrian. If the victim has personal health insurance, that may help cover the medical expenses arising from the accident. If the person hit by the motor vehicle does not have any insurance, however, the driver’s liability insurance can cover the medical expenses as well as other damages resulting from the pedestrian accident.
Filing and recovering a claim with insurance companies though is easier said than done. In many cases, insurance companies will find any possible angle to reject a claim or do their best to pay out as little as possible to the victim of a pedestrian accident. In these instances, it may be advantageous to have legal assistance to help navigate through the complexities of recovering an insurance claim due to a pedestrian accident.
Seeking Medical Treatment in Los Angeles After a Pedestrian Accident
One of the most common predicaments that a victim in a pedestrian accident is whether or not to get immediate medical attention. Some people may feel that they are unhurt after the accident and refuse medical treatment thinking they are okay. There are pedestrian accident injuries, however, which only become apparent after several hours or even days after the accident. This is why it is important to get immediate medical attention after a pedestrian accident.
Aside from ensuring that you do not have any internal injuries, it is also important to get medical treatment after the pedestrian accident in connection with filing a claim with insurance companies because of the accident. The delay in treatment may be used by insurance companies in trying to reject or reduce your claim by arguing that the injuries that you suffered may have been caused by another incident other than the pedestrian accident. They can also raise that the injuries that you are filing a claim for are not serious since you did not even seek immediate medical treatment after the pedestrian accident.
Aside from getting immediate medical attention after a pedestrian accident, another thing that a victim should remember is to document his or her injuries for legal purposes. Proper documentation of the injuries suffered from a pedestrian accident may be in the form of photographs, medical records and bills, and police or paramedic reports. Documenting injuries is important for legal purposes because this would directly establish that the injuries suffered were due to the pedestrian accident.
Legal Recourse for Pedestrian Accident Victims
If you or someone you know has been involved in a pedestrian accident in Los Angeles, taking the proper steps in filing a personal injury claim is very important. After seeking medical treatment and recuperating from the injuries you may have experienced from the pedestrian accident, trying to recover compensation for the damages you have suffered should be your next step.
If the driver involved has insurance that covers the pedestrian accident, the victim of the incident should first file a claim with the insurance company for compensation arising from the accident. If the insurance company rejects the claim or if the driver does not have any insurance coverage in the first place, you will need to file a personal injury claim in the civil courts in Los Angeles.
Filing a personal injury lawsuit in Los Angeles is not as simple as it seems, however. This is where an experienced personal injury attorney can make a big difference. A Los Angeles personal injury attorney can easily guide you in navigating through the complexities of the lawsuit and try to recover the maximum amount of compensation that you may be entitled to because of the pedestrian accident.
A personal injury lawsuit for a pedestrian accident in Los Angeles may be filed within 2 years from the date of the accident. Once it is initiated, it may take anywhere between several months to a few years to be completed. Having an expert Los Angeles personal injury attorney, however, may help in getting a swift resolution to the legal proceedings and ensure that you get the compensation you are entitled to sooner rather than later.
Nobody ever plans on being involved in a pedestrian accident in Los Angeles. If you find yourself on either side of a pedestrian accident, however, understanding the law and remembering the important details discussed above can make a major difference in protecting your interests and trying to get the best outcome possible for you and your family.