San Bernardino Pedestrian Accident Lawyers
Pedestrian accidents often result in catastrophic if not fatal injuries. When a vehicle strikes a pedestrian, it is the pedestrian who suffers severe or life-threatening injuries. Pedestrian accident victims are left with escalating medical expenses, loss of income as a result of being unable to work while recovering, continuing treatment costs and long-term losses such as those that involve permanent injuries or disabilities.
Getting the Help You Need
If you or a loved one has been injured in a San Bernardino pedestrian accident, the experienced personal injury attorneys at Bisnar Chase can help you better understand your legal rights and options. We have a long and successful track record of helping our injured pedestrian accident victims obtain fair and full compensation for all their injuries, damages and losses. Please contact us at (800) 567-4881 for a free, comprehensive and confidential consultation.
What Should You Do After a Pedestrian Accident?
There are several important steps you would be well advised to take if you've been injured in a pedestrian accident:
- First and foremost, make sure you and the other injured individuals are in a safe place. Contact emergency personnel so you and others who have been injured can get medical attention right away.
- If you are able, exchange contact information such as names, phone numbers and insurance information.
- If anyone saw the incident, make sure you obtain his or her identification and contact information as well.
- Take photos of the accident scene including the position of the vehicles, the roadway and your injuries.
- Preserve important evidence such as torn or bloody clothing.
- Avoid talking extensively with those at the scene. Do not admit fault.
- Make sure you contribute to the police report so that your version of the incident gets into the report. Obtain a copy of the report.
- Get prompt medical attention and diagnostics. Follow the doctor's instructions in terms of getting the necessary treatment and care.
- Keep track of all expenses from emergency care costs and medical bills to lost wages and other costs relating to the injury.
- Talk to an experienced San Bernardino pedestrian accident attorney regarding your legal rights and options.
What Causes Pedestrian Accidents?
The most common cause of pedestrian accidents is driver negligence. Specifically, a number of pedestrian accidents are caused by a driver's failure to yield the right-of-way to pedestrians at crosswalks or intersections. Under California Vehicle Code Section 21950 (a), motorists are required to stop and yield the right-of-way to all pedestrians who are walking in marked or unmarked crosswalks. At the same time, pedestrians have a responsibility to walk only in designated areas and not to jaywalk or run into the roadway. Drivers must also yield the right-of-way to pedestrians when they are entering or exiting parking lots or driveways. A number of pedestrian accidents occur when drivers fail to see pedestrians crossing driveways as they walk on sidewalks. Serious injury pedestrian accidents also occur when drivers back out of parking stalls. In some cases, dangerous roadway design or lack of features such as flashing lights or stop signs could cause pedestrian accidents.
Who is Liable?
If the driver is determined to have been negligent or at fault for a pedestrian accident, he or she can be held liable for the injuries and damages caused. Even if the pedestrian and driver share fault, the injured pedestrian can receive compensation depending on the proportionality of the fault. If a dangerous roadway condition caused the pedestrian accident, the governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury claim against a governmental agency must be filed within 180 days of the incident.
Pedestrian Accident Wrongful Death
In pedestrian accident cases in San Bernardino where negligence or wrongdoing is a factor, families of deceased victims can file what is known as a wrongful death claim seeking compensation for damages such as medical and funeral costs, lost future income, pain and suffering and loss of love and companionship. Wrongful death claims are typically filed by immediate family members.
Preventing Pedestrian Accidents
Pedestrians must cross streets only at intersections and marked crosswalks. Do not cross in the middle of a street or between cars. Continuously watch for traffic as you cross the street. Avoid walking on roads without sidewalks and crosswalks. If you must do so, walk facing traffic. Always look both ways before crossing the street. Enhance your visibility at night or in the dark by wearing reflective or bright clothing. Follow the rules of the road.
Drivers must remember that they can encounter pedestrians anywhere and at any time. Pay attention to crosswalks and come to a complete stop to allow pedestrians who are crossing. Pay attention to traffic controls. Yield to pedestrians even if there is no crosswalk. Be particularly attentive around schools and neighborhoods where there are children present.