Traffic accidents don’t just include motor vehicles. Pedestrians are also frequently injured while walking or using other self-powered means. If you or someone close to you was recently hurt in a car accident, you may want to find out what the average pedestrian accident settlement in California is. It can be especially useful to learn more about pedestrian injuries.
A personal injury attorney at Kreeger Law Firm is prepared to work diligently on your case, giving it the time and attention it deserves. We are here to guide you through the overall legal process, provide personal support and knowledge, and protect your rights.
Who Is Considered a Pedestrian in California?
California law identifies a pedestrian as any person who is traveling by foot or with a non-motorized conveyance, such as roller skates, rollerblades, a skateboard, a scooter, and any other similar mechanism; this also includes individuals using ice skates and skis.
Those using crutches, knee walkers, or scooters are also counted as pedestrians under state law and have the same rights. Someone with a disability using a tricycle, quadricycle, or wheelchair (manual or motorized) is also deemed a pedestrian.
Cyclists and those using an electric bike or anything motorized, such as a motor scooter or a hoverboard, are not viewed as pedestrians under California law. Cyclists are usually considered to be motorists and are required to yield to pedestrians while on the road, just as drivers are expected to.
Commonly Seen Accidents Involving Injured Pedestrians
There are frequent circumstances where the driver’s actions lead to a collision with a pedestrian. For example, drivers backing out of a parked space or while making a turn are likely to hit a pedestrian. This is because they aren’t paying close attention and/or are only looking for other vehicles.
Distracted drivers, whether from looking at their phone, eating, or checking the mirror, have a high chance of potentially causing an accident that results in physical harm to a pedestrian. Another common instance occurs while crossing an intersection, when the view of the pedestrian is obstructed for oncoming cars by a vehicle that stopped for them, preventing those cars from stopping in time.
Bus passengers, especially children on school buses, are susceptible to getting hit while getting on or off the bus because nearby drivers failed to lawfully stop.
Common Pedestrian Injuries in Auto Accidents
Pedestrians are particularly vulnerable and susceptible to injury in collisions with motor vehicles because of the degree their body is exposed and unprotected. Additionally, pedestrians are typically moving at a much slower rate compared to the vehicle that hits them.
Previously injured persons and elderly individuals are especially likely to get hurt and sustain more serious injuries because of their compromised or diminishing physical state. Children are also likely to be severely harmed in vehicle accidents because of their smaller and underdeveloped stature, which is less able to withstand impact.
Frequent injuries observed in pedestrian accidents include:
- Head/brain trauma, such as concussions
- Damage to the spinal cord
- Fractures in the pelvis and other bones
- Significant gashes and scrapes
- Wrongful death
Tips for Pedestrians and Drivers to Avoid Accidents
California’s pedestrian fatality rate is nearly 25 percent higher than the average for the country overall; no state outranks California for pedestrian roadway deaths. It’s important that drivers and pedestrians alike make concerted efforts to reduce this epidemic.
Pedestrians should not assume that drivers can see them; instead, make eye contact before crossing. Staying alert to your surroundings, not being distracted by a conversation or a phone, and taking notice of oncoming vehicles/traffic signals can also reduce the likelihood of injury.
Drivers should be cautious when backing up, especially for children because of their small stature and tendency to be unaware. Avoiding reckless behaviors, like speeding and impaired driving, will assist in keeping your senses sharp to the environment and diminish the chances of an accident.
FAQs
Q: What Is the Average Pedestrian Personal Injury Settlement in California?
A: The average pedestrian personal injury settlement in California ranges from $10,000 to $75,000 when the injuries are relatively minor. Some of the contributing factors in determining the settlement amount include:
- Injury severity
- Resulting medical treatment
- Future medical expenses
- Damage to property
- Any other losses
- Insurance coverage of the at-fault party
- The capability of the personal injury lawyer
Moderate to severe physical injuries sustained by a pedestrian resulting from a traffic accident can result in a settlement of between $100,000 and $1,000,000 on average.
Q: What Happens If You Hit a Pedestrian in California?
A: If you hit a pedestrian, it’s important to assist them and make sure they get medical treatment quickly. After reporting the incident to local law enforcement, it’s wise to get in contact with an accident lawyer right away.
You likely won’t face criminal charges unless your negligence goes beyond not following traffic regulations. Fleeing the scene or driving while intoxicated or impaired may cause you to receive more serious charges. The injured party is likely to pursue a personal injury claim as well.
Q: Can a Pedestrian Be at Fault in California?
A: Yes, a pedestrian can be at fault in California car accidents. Pedestrians usually have the right-of-way, but not in every scenario. Pedestrians need to adhere to traffic laws just as motorists are expected to. For example, someone who walks outside of a crosswalk when the accident happens is likely to be at least partially at fault for the incident.
Q: What Are the Rights of a Pedestrian in California?
A: In California, pedestrians have the lawful right to not be hit by motor vehicles. Pedestrians also have the right-of-way at intersections. Having the right-of-way means that drivers must yield to any pedestrians who are traveling in accordance with traffic law. Pedestrians who jaywalk, ignore “no crossing” signs, etc., can be found to have some degree of fault in a car crash. Pedestrians also have the right to seek financial compensation for damages.
Don’t Accept the First Settlement Offer; Our Lawyers Can Ensure That You’re Fairly Compensated
Schedule a consultation with a pedestrian accident attorney at Kreeger Law Firm. Our team is knowledgeable about personal injury law. Our firm is well-equipped to negotiate with insurance companies or go to trial if necessary.
