The most common cause of pedestrian accidents is inattentive drivers. Let’s say a driver at a red light, for example, is waiting to take a right-hand turn. They’re looking left to make sure the traffic’s clear, and maybe they don’t notice the walk sign come on. The pedestrian will start walking. The driver, seeing that the street is clear from their left, will start turning and hit the pedestrian. We see this type of accident a lot.
Is There Any Sort of Contributory Negligence in California When It Comes to These Cases?
Just like with auto accidents, if the pedestrian is partially at fault, then their claim will be reduced by that percentage. If they’re 50% at fault for the accident because they’re looking the other way and they don’t see the car coming when they should have and could have prevented the accident, then their claim would be reduced by the same 50%.
What Types of Compensation Are Available in Pedestrian Accident Personal Injury Cases?
In pedestrian cases, you are able to recover your special damages, which include medical expenses (such as doctor bills) and lost wages if you’re kept off work, plus past and future medical and past and future lost wages if it’s a severe accident. You’re also able to recover general damages, which are for pain and suffering and loss of enjoyment of life—basically, what you are not able to do while you are injured.
What Do You Find Are Some of the Biggest Challenges in Pedestrian Accident Personal Injury Cases?
The biggest challenges we see in pedestrian cases involve determining who is at fault and whose story on how it happened to believe. A pedestrian walking outside of a crosswalk, for example, can add a complication, as could a lack of witnesses who could piece the story together of exactly what happened.