Lancaster Pedestrian Accident Lawyer

Advocating for Pedestrian Accident Victims in Antelope Valley

If you or a loved one suffered an injury as a pedestrian in Lancaster, California, or the surrounding area, Accident Attorneys is the place to turn. We have more than 75 years of combined experience serving clients throughout the Antelope Valley and are ready to use our skills to help you.

Don't risk the future of your case with the wrong firm; contact our office by calling  (661) 261-4929 today to see what our Lancaster pedestrian accident attorney can do for your lawsuit or claim.

Pedestrian Right of Way Laws in California

You’ve been injured by a motor vehicle and are already dealing with the pain and suffering, medical visits, and drama of the situation. The last thing you want to do is study legal jargon about what has brought such devastation in your life. For the nuances that impact your case, you can have our team standing by your side and guiding you through, but it is important to know the big-picture laws that can impact your case. 

The basic laws are under CA Vehicle Code 21950, which gives the right-of-way to pedestrians who are crossing the road within a marked or unmarked crosswalk. Motorists are required to yield, and if they don’t, should be held liable. 

Driver Responsibilities to Ensure Pedestrian Safety

Additionally, the law requires drivers to "exercise due care" as they approach a pedestrian in a crosswalk. This includes slowing down or any other action needed to avoid harming the pedestrian. These rules apply to marked and unmarked pedestrian crossings.

When a crosswalk law is violated, however, who is liable may change. This law does not allow pedestrians to enter a crosswalk without giving traffic enough time to slow down. According to CA V C § 21950(b), the pedestrian is responsible for his / her own safety as well.

Common Causes of Pedestrian Accidents

Pedestrian accidents are caused by a variety of factors, often involving both drivers and pedestrians. Some common causes include:

Driver-Related Causes

• Distracted Driving: Using a phone, eating, or adjusting the radio diverts attention from the road.
• Speeding: Faster speeds reduce reaction time and increase the severity of accidents.
• Failure to Yield: Many drivers fail to give pedestrians the right of way at crosswalks.
• Driving Under the Influence: Alcohol or drugs impair judgment, reaction time, and coordination.
• Poor Visibility: Accidents often occur at night or in bad weather when drivers have difficulty seeing pedestrians.
• Running Red Lights/Stop Signs: Drivers who ignore traffic signals or stop signs may hit pedestrians crossing the road.

Pedestrian-Related Causes

• Jaywalking: Crossing streets outside of designated crosswalks or intersections increases accident risk.
• Distracted Walking: Using a phone, listening to music, or not paying attention can lead to collisions.
• Crossing Against Traffic Signals: Ignoring "Don't Walk" signals can put pedestrians in danger.
• Walking Under the Influence: Just like drivers, intoxicated pedestrians have impaired judgment and coordination.
• Walking in Unsafe Areas: Walking on roads without sidewalks or crossing highways can be extremely dangerous.

Environmental and External Factors

• Poor Road Design: Lack of pedestrian crossings, sidewalks, or adequate lighting increases risks.
• Bad Weather Conditions: Rain, snow, or fog can reduce visibility and make roads slippery.
• Construction Zones: Work zones may force pedestrians to walk in unsafe areas.
• Vehicle Design Issues: Larger vehicles, such as SUVs and trucks, have blind spots that make it harder to see pedestrians.

California applies a pure comparative negligence rule, meaning that even if a person is more than 50% at fault for the accident, they can still recover damages. However, the amount of compensation is reduced in proportion to their level of fault.

In a pedestrian accident, both the driver and the pedestrian may be found partially responsible for the incident. Here's how this plays out in practical terms:

• Pedestrian's Fault: If the pedestrian was jaywalking (crossing outside of a crosswalk), walking against a traffic signal, or not paying attention to traffic, they could be found partially at fault. For example, if a pedestrian crosses mid-block and is struck by a driver who was speeding, the pedestrian may be deemed 20% at fault for not using the crosswalk.
• Driver's Fault: If the driver was speeding, distracted, or failed to yield to the pedestrian at a crosswalk, they could be found partially responsible. For instance, if a driver fails to stop at a crosswalk or runs a red light and hits a pedestrian, the driver may be 80% at fault.

Common Injuries Sustained in Pedestrian Accidents

Pedestrian accidents can lead to a scope of injuries varying from minor to catastrophic. Some prevalent injuries include:

• Fractures and Broken Bones: Pedestrians are vulnerable to fractures and broken bones upon impact with a vehicle. The force of the collision can lead to severe orthopedic injuries that may require extensive medical treatment.
• Head Injuries: Traumatic brain injuries (TBIs) and concussions are common in pedestrian accidents, especially when the victim's head makes contact with the vehicle or the ground. These injuries can have lasting effects on cognitive function and overall well-being.
• Spinal Cord Injuries: The impact of a collision can cause damage to the spinal cord, leading to paralysis or other debilitating conditions. These injuries often need ongoing medical care, rehabilitation, and adaptive equipment.
• Soft Tissue Injuries: Pedestrians may suffer injuries to muscles, tendons, and ligaments, causing pain, swelling, and long-term discomfort. Soft tissue injuries can sometimes be overlooked, emphasizing the importance of a comprehensive medical evaluation.
• Psychological Trauma: The emotional toll of a pedestrian accident can be significant. Victims may experience anxiety, depression, and post-traumatic stress disorder (PTSD). Seeking compensation for psychological trauma is a crucial aspect of any pedestrian accident claim.

Potential Damages Available in Pedestrian Accident Claims

When pursuing a pedestrian accident claim, understanding the potential damages is essential. Recoverable damages in a pedestrian accident case could include:

• Medical Expenses: Compensation for present and future medical bills, including hospitalization, surgeries, rehabilitation, medication, and therapy.
• Lost Wages: Reimbursement for income lost because of the inability to work during recovery. This includes both current and future lost earnings if the injuries lead to a long-term or permanent disability.
• Pain and Suffering: Compensation for physical and emotional distress because of the accident can include pain, anxiety, and diminished quality of life.
• Property Damage: Reimbursement for the repair or replacement of personal property damaged in the accident, like clothing, electronics, or other belongings.
• Wrongful Death Damages: In the tragic event of a pedestrian fatality, surviving family members may pursue damages for funeral expenses, loss of companionship, and other related costs.

Understanding California's Statute of Limitations for Pedestrian Accidents

In California, there is a limited timeframe, known as the statute of limitations, within which a pedestrian accident claim must be filed. It's essential to act promptly to protect your rights and preserve the evidence necessary for a successful case. The statute of limitations for pedestrian accidents in California is typically two years from the initial date of the incident.

Failure to file the claim within this deadline could lead to the loss of your right to seek compensation. However, certain circumstances may alter the statute of limitations, making it imperative to consult with Accident Attorneys as soon as possible to ensure compliance with the legal deadlines.

Get in Touch with Our Lancaster Pedestrian Accident Attorney Today

At Accident Attorneys, we believe that careless drivers should be held responsible for the injuries that they cause. Motorists are required by the law to yield the right of way to pedestrians and take due care to avoid causing a serious accident. Contact our firm today to learn more about your rights after a serious pedestrian accident.

Our Lancaster pedestrian accident lawyer can help you recover the money that you need; just fill out our free online case evaluation form.