If you were injured as a pedestrian in an accident, your rights matter.
In California, there is one golden rule of traffic: pedestrians get the right of way. But when a pedestrian and a car are involved in an accident, the results can be serious, even deadly. That’s why you need to contact an experienced San Diego pedestrian accident attorney like The Law Office of Elliott Kanter.
According to the National Highway Traffic Safety Association and the Insurance Institute for Highway Safety, pedestrian fatalities account for 11% of motor vehicle fatalities. And on average, a person is injured in a traffic accident every 8 minutes.
Insurance defense lawyers will do everything to prove that you — the victim — are the one at fault. You need to call an experienced San Diego pedestrian accident lawyer right away. The longer you wait to contact a law firm, the harder it is to prove your case and protect your rights.
When a car hits a pedestrian, the impact almost always occurs from the front of the vehicle. The initial contact is most commonly with the vehicle’s bumper or front edge of the hood, although when the vehicle is a taller pickup truck or SUV, the initial contacts are usually higher. The majority of pedestrian accidents are caused when motor vehicles fail to yield to pedestrians, run through stoplights or stop signs, or speed through areas with high pedestrian traffic, such as school zones or residential areas.
According to the National Highway Traffic Safety Association, 40% of pedestrian deaths are caused by vehicle impact, 32% result from ground contact, and 25% from other objects.
Injuries can also be severe and lifelong, including:
If an automobile driver is distracted by fiddling with radio stations or trying to answer a phone call, accidents are more likely to occur. Driving above posted speed limits can make it impossible to stop in time if a pedestrian is sighted. If a driver doesn’t give the right of way to pedestrians at marked crosswalks, accidents will happen. Even if a driver is fully attentive and driving the speed limit, accidents may occur. A faulty traffic light, poor signage, or weather can contribute to accidents.
When a car hits a human body, the results can be severe. Your first priority should always be your safety if you are involved in a pedestrian accident. If you are badly injured, call for emergency medical attention, but if your injuries are not severe, stay at the scene of the accident to gather evidence that may help your personal injury claim. If you seek medical attention, be sure to keep all documents related to your medical treatment and follow the doctor’s orders carefully, otherwise, this could affect your personal injury claim.
Document the scene of the accident by taking photos of any property damage, traffic signs or debris scattered in the road as a result of the accident. Snap photos of your injuries, too, so you have evidence of their severity. If there are any witnesses at the scene of the accident, try to get their contact information so you or your lawyer can contact them later on to take a statement.
If you are injured as a pedestrian by an uninsured driver, then you may be able to recover compensation for your injuries through your own automobile insurance policy. In many cases, uninsured/underinsured motorist policies will provide insurance coverage for all types of auto accidents - including those in which you are a pedestrian.
Similarly, uninsured motorist policies will provide coverage if you are involved in a hit and run accident. At The Law Office of Elliott Kanter, we will work with you to recovery all potential sources of recovery.
Be careful about giving a recorded statement to the insurance company before you see a doctor. If you sign anything, you may be limiting your ability to receive fair compensation. Often, it may take a while for your injuries to be fully assessed. It’s always recommended you avoid speaking about the accident to an insurance company or to the at-fault party until you have talked to an attorney.
Pedestrians have no control over how motor vehicles drive, but they can exercise caution while walking on the roads to protect themselves as much as possible. Pedestrians should always wear bright-colored clothing, especially if they are out walking at night, in which case they should also wear reflective gear so cars can easily spot them.
Just as you should not drive while distracted, you should not walk on the roads while distracted either. Put away your cell phone or other technological devices and focus on the path ahead of you while you walk. If you are walking in a residential area, make sure you pause before crossing over any driveways. You never know when a car is about to quickly back out of the driveway, so pause and check to make sure no cars are exiting the garages before you walk across.
Many pedestrians believe walking home after drinking alcohol is a smart decision, but the truth is, walking on the streets while intoxicating is not safe. You should always get a ride home with a friend or call a taxi to get home instead of walking home intoxicated. After drinking alcohol, your judgment is impaired and it will be harder for you to tell how far away cars are when you should cross the road, and where to walk to stay out of cars’ way. You may even get lost while walking home if you are intoxicated.
Even if you follow all of these safety tips, you may still find yourself involved in a pedestrian accident as a result of a negligent driver. If you or a loved one has been injured in a pedestrian accident, you may be entitled to compensation for your medical expenses, pain and suffering, and more. Speak to attorney Elliott N. Kanter immediately following the accident to see if you will be able to recover damages.
If you or a loved one has recently been in an accident, you’ve already suffered. Our personal injury attorneys have 40 years of legal experience representing the best interest of our clients in personal injury cases. Our law firm’s personal injury law practice areas include wrongful death, car accidents, pedestrian accidents, bicycle accidents, slip and fall accidents, truck accidents, dog bites, motorcycle accidents, and other accidents involving negligence.
Schedule a free case evaluation with our attorneys today. Let our pedestrian accident lawyers handle the insurance company and claims process for you!