Pedestrian Accident Injury Lawsuit — How And When to File a Claim

 Posted on March 07, 2022 in Personal Injury

 Despite driver and pedestrians' best efforts, accidents on the road occur. From a slight fender-bender in a parking lot to a collision on the highway, all accidents are frightening and may lead to severe damage and injuries. However, when a collision occurs between a vehicle and a pedestrian, the injuries are often catastrophic and sometimes fatal. Suppose you were seriously injured or a loved one lost their life during a pedestrian-car accident. In that case, there are steps that the victim can take to help alleviate the financial burdens of medical expenditures. 

Understanding Pedestrian Accidents — Injuries and Liability 

The injuries that may follow from a pedestrian being struck by a vehicle can be life-altering. Depending on the circumstances, including the car's speed, where the pedestrian was hit, and what type of road the accident occurred, the injuries may range from minor fractures to death. The most common types of injuries include:

• Fractured bones

• Sprained muscles

• Traumatic brain injuries (TBI)

• Spinal cord damage 

• Internal organ trauma 

• burns /road rash 

Understanding who is at fault can be complex. Under California law, pedestrians have the right-of-way on marked and unmarked pedestrian crosswalks and sidewalks. If a pedestrian is struck by a vehicle in a crosswalk or sidewalk, the fault is of the driver. Drivers are expected to use absolute caution when driving near a crosswalk, considering they are the party inside the vehicle. Usually, there are signs indicating a crosswalk, speed limits posted, or speed bumps in place to hold drivers accountable. However, there are times when pedestrians are at fault as well. California law states that a pedestrian's right-of-way does not include leaving the crosswalk or sidewalk suddenly or walking to running into oncoming traffic (also known as J-Walking). No pedestrian may obstruct traffic. 

Ways that California pedestrians can avoid serious injury when walking along the road include:

• Walk in a safe crosswalk or sidewalk facing the direction of oncoming traffic

• Where reflective or bright-colored clothing at night 

How and When to File a Personal Injury Lawsuit 

If you or a loved one were struck by a negligent driver, you may be able to file a personal injury suit and pursue financial compensation to help pay for resulting expenditures. It is essential to determine that the driver was at fault. If the accident occurred due to a negligent or erratic driver, and the pedestrian exercised self-awareness and safety precautions while walking, the victim can sue the driver. The pedestrian or victim's family has two years to file a personal injury claim against the negligent driver. 

Speak with a Santa Clara County Personal Injury Attorney 

At the Fuller Law Firm, we firmly believe that negligent drivers who injure pedestrians should be held legally responsible for their actions. If you or a loved one were seriously injured as a pedestrian, our Santa Clara county personal injury lawyer Corey Fuller can help pursue compensation and justice. Reach out to our office today by calling 408-234-7563 and scheduling a free consultation with us to discuss your case. 

Source(s):

https://www.hg.org/legal-articles/california-pedestrian-accident-law-and-placing-the-fault-for-injuries-18224 

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH 

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=335.1