Posted on December 7, 2021 to Blog
Protecting Your Rights After a Pedestrian Accident
Under California personal injury laws, anyone injured in a pedestrian accident has the right to file a lawsuit against those who caused the accident. Victims of pedestrian accidents may qualify for compensation that covers medical bills, lost wages, and pain and suffering.
A few causes of pedestrians accidents include:
- Vehicles failing to yield to pedestrians
- Bikes on the sidewalk
- Cars driving on the sidewalk
- Other pedestrians
- Unrestrained dogs
- Trip hazards
- Electric scooter (Bird or Lime) accidents
A pedestrian accident caused by someone else’s negligence may be grounds for a personal injury lawsuit. Victims can seek compensation for their injuries by filing a personal injury lawsuit with Rafii Law. Under the guidance of an experienced team of attorneys, victims may be able to recover damages for their medical bills, lost wages, and pain and suffering.
What if you’re not sure about fault?
Even if you are unsure of fault, the other party’s negligence or recklessness may mean they are liable for your injuries. Schedule a consultation with your California pedestrian injury lawyer to discuss the details of the accident and help determine who may be responsible for your accident.
What happens if you’re injured by a car in California?
If you are hit by a car in a parking lot, crosswalk, or even in the road, you may be eligible for compensation through a personal injury lawsuit. Under California negligence laws, if a pedestrian’s injuries are caused by negligence, the driver may be liable for any injuries caused by the accident.
To recover damages after a pedestrian accident involving a vehicle, the accident victim or surviving family members must prove the driver was negligent by showing:
- That the driver owed the pedestrian a duty of care
- The driver breached that duty of care through negligence
- That the driver’s negligence was a key factor in causing the pedestrian’s injury or death
All three of these points must be proved to secure compensation.
Drivers generally owe a duty of care to all pedestrians, other drivers, and cyclists on the road. Traffic violations, distracted driving, and other negligent actions can be used to demonstrate driver negligence.
Failure to yield the right-of-way to pedestrians is one of the most common causes of vehicle/pedestrian accidents. Under California law, pedestrians have the right of way in any marked crosswalk or at an intersection and drivers must yield.
In addition, California law says it is illegal for motorists to drive in safety zones, such as sidewalks. Violations of this law that cause pedestrian injury will most likely hold the driver liable.
Other examples of driver negligence in pedestrian accidents could include:
- Failure to yield
- Running a stop sign
- Going around a stopped school bus
- Hitting a driver in the break-down lane
- Texting and driving
- Driving under the influence of drugs or alcohol (DUI)
- Not giving enough room for pedestrians getting into a parked car
If you were involved in a pedestrian accident, you should speak to a personal injury lawyer at Rafii Law. We will fight for your rights and ensure you are compensated for your injuries.