Tustin Pedestrian Accident Attorney
Perhaps the worst type of motor vehicle accident, pedestrian accidents are the most likely to cause death or permanent disability. Pedestrians don’t have the benefit of even the slight protections that bicyclists enjoy. Even though pedestrians have the right of way, they’re still dependent on someone else respecting that right.
The 2010 data released by the California Highway Patrol stated that there were 12,023 injuries and 622 fatalities caused by pedestrian accidents. The California Department of Motor Vehicles (DMV) stated that approximately 19 percent of all traffic fatalities were pedestrians. It is readily apparent that pedestrians are at a disadvantage despite laws to protect them. California’s right-of-way laws include the following protections for pedestrians:
- Motorists must yield the right-of-way to pedestrians crossing at marked or unmarked crosswalks or at intersections.
- Motorists should wait if vehicles are stopped at a crosswalk as they may be letting pedestrians cross.
- Sidewalks are reserved for pedestrians and motorists must never drive on sidewalks.
- When leaving parking lots or driveways, motorists must yield the right-of-way to pedestrians and other vehicles.
- Motorists must exercise due caution if a pedestrian is crossing outside a crosswalk.
- Motorists must give older, younger and disabled pedestrians enough time to cross.
Motorists engaging in any of the following negligent behaviors can be held liable for a pedestrian accident:
- Driving faster than the posted speed limit
- Driving at unsafe speeds for current road conditions
- Fatigued driving
- Driving under the influence of alcohol or drugs
- Looking away from the road while driving
- Texting and driving
- Checking e-mail while driving
- Using the telephone while driving
- Operating an electronic device while driving
- Reckless driving such as frequent lane changes or not yielding at intersections and crosswalks
- Street racing
The non-fatal injuries from such an accident frequently result in enormous medical expenses, surgeries, hospitalization, rehabilitation therapy, pain and suffering, lost wages and earning potential, loss of consortium, and permanent disfigurement. Proving these cases often requires that the victims and their families obtain help from the police, investigators, medical professionals, and eyewitnesses.
As an experienced Tustin pedestrian accident attorney, I am familiar with all of these requirements. Contact my office today for a free review of your case.