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Injuries Sustained in a Pedestrian Accident Can Be Life Changing, Here’s How You Can Protect Your Right to Compensation

| Oct 1, 2020 | Pedestrian Accidents

Pedestrian accidents are happening at alarming rates throughout the nation. According to data published by the National Highway Traffic Safety Administration, the rate of traffic accidents involving pedestrians has been steadily increasing since 2009. Additionally, since 2015, a pedestrian is injured in a traffic accident every 7.5 minutes.

People who drive in the State of California have a legal obligation to drive carefully and avoid injuring themselves and others they share the road with. Regrettably, there are many careless drivers on the road who fail to take adequate precaution when on the road. Sadly, these drivers often cause the fatal and non-fatal injuries of hundreds of pedestrians each year.

Catastrophic Pedestrian Injuries

Pedestrians are at a great disadvantage when they are involved in a traffic accident with a moving vehicle. According to the National Highway Traffic Safety Administration, pedestrians have a higher probability of being tragically killed when the accident involves a speeding vehicle.

Although auto manufacturers have been improving the safety features of their vehicles for those inside the vehicle, pedestrians are completely vulnerable in an accident. They are largely unprotected from the impact, and will therefore sustain the greatest level of injury between them and those inside the vehicle.

Typical pedestrian injuries that can lead to life-altering consequences include: Spinal cord injuries, Internal bleeding, Traumatic brain injuries, Nerve damage, and Facial injuries.

The severity of the injury will depend on many factors, including the speed the vehicle was traveling in at the time of the collision, the angle in which the pedestrian was struck, and the part of the body that was hit.

Compensation May Be Available Following a Pedestrian Accident

After an accident, it is important to determine who was at-fault for the accident and to what degree. The State of California adheres to the theory of pure comparative negligence, and this means all parties are responsible for their role in the accident. Fortunately, this means that obtaining compensation may be possible even when the injured pedestrian played a significant role in the accident, such as crossing the street in an intersection not marked for crossing.

In California, drivers must yield the right-of-way to those crossing the street. They also have a duty to drive safely. When the motorist is found to be driving erratically, he or she can be found negligent in causing the accident. Driver liability could be established when the driver was found to be engaging in the following: Driving while under the influence, Driving at excessive speeds, Driving while distracted, or Driving aggressively.

Hire the Legal Support of a Reputable Pedestrian Accident Attorney

Each year, pedestrian accidents result in millions of dollars in medical care. If you or someone you love was injured while walking down the street, out for a job, or crossing the street, it is very important to seek legal counsel from a well-versed personal injury attorney.

The proficient litigators at Martinez & Schill, LLP have tirelessly advocated on behalf of injured pedestrians. The firm has successfully represented many clients who have been severely injured as a result of negligent parties. If you have been injured in a pedestrian accident, consider obtaining the professional legal services of Martinez & Schill, LLP. Contact the law firm today for a no-obligation consultation.