An experienced Westminster Pedestrian Accident Lawyer can help victims better understand their legal rights and options. There are some roadways that are just not safe for pedestrians. Even when motorists exercise caution or when pedestrians have the right-of-way, there are several dangerous and busy intersections in Westminster where accidents may still occur.
The law firm of Bisnar Chase has been representing accident victims for over 40 years and within those years have sustained a 99% success rate in winning personal injury cases. With the help of our legal team, the attorneys of Bisnar Chase have won over $650 million dollars in compensation for people who have suffered at the hands of negligence. Our personal injury lawyers also work on a contingency fee basis.
Contact the law offices of Bisnar Chase today at 949-203-3814 for a free consultation.
Pedestrian Accident Facts and Statistics
Accidents involving pedestrians happen more often than many realize. In one year, the Governors Highway Safety Association about 6,000 people have died due to drivers being careless on the road.
The primary cause of people getting injured while jogging, running or simply just by walking is due to distracted driving. There are ways in which you can avoid being involved in a pedestrian accident and causing harm to a pedestrian as a driver.
- only use marked crosswalks to cross the street
- never jay walk
- make eye contact with a driver so they know that they are walking across the street
- wear bright colors if they are running or walking at night
- avoid being on the phone while crossing the street
- not text or answer any phone calls while driving
- follow speed limits posted on the road
- approach a crosswalk slowly
- be extra cautious around crosswalks in bad weather conditions
- not drive under the influence of drugs or alcohol
5 Roadway Examples that Can Lead to Pedestrian Accidents
There are a number of hazardous conditions that can result in a pedestrian accident. The governing body in charge of the roadway must make sure that the design and upkeep of the roadway is adequate.
Here are a five examples of dangerous or defective roadway conditions that may lead to a potential claim:
- Inadequate shoulders, sidewalks, walkways: Some roadways are simply not designed for pedestrians. When a roadway is unfit for pedestrians, there should be signs posted to warn pedestrians.
- Negligent foliage maintenance: Something as simple as trimming trees and bushes can prevent pedestrian accidents. When a pedestrian crossing sign or stop sign is partially covered by branches, the governing body in charge of the roadway must act quickly to trim the surrounding trees. Failure to do so may affect visibility on the street.
- Poor street lighting: One way to avoid being involved in a late night pedestrian accident is to increase your visibility. Roadways that have poor lighting can be extremely dangerous. Pedestrians should try to stay in well-lit areas. When there is a history of accidents at a certain area because of a lack of lighting, the government must fix the situation.
- Poor roadway maintenance: It is especially important for cities to maintain the roadway near intersections and crosswalks. Cars that strike uneven surfaces and potholes can veer out of control putting pedestrians in the area at great risk of suffering an injury.
- Dangerous design: There are several design errors that can prove dangerous for pedestrians. Is a crosswalk near a hill that has limited visibility? Is there an intersection at the end of a curve where drivers cannot stop in time? Does the crosswalk need flashing lights or better signage? Are the crosswalk lines faded?
Potentially Liable Parties for a Pedestrian Accident
When negligence on the part of a governmental agency results in an injury accident, that governmental agency may be held liable for the injuries suffered by the victim.
In such cases, the victim will have to show that:
- The accident resulted from a hazardous condition
- The governmental agency knew of the dangerous condition
- The agency’s failure to fix the condition directly contributed to the accident.
- The victim suffered injuries and losses as a result
In some cases, it may be possible to show that the location had a history of similar incidents and that the government failed to rectify the problem. Accident claims involving governmental agencies must be filed promptly. Under California Government Code Section 911.2, any personal injury claim against a public entity must be filed within 180 days of the incident.
Proving fault in such cases can be a challenging process and fault needs to be proven so that you may compensated for medical bills and lost wages. A skilled Westminster pedestrian accident attorney can review all available evidence such as surveillance tapes, interview witnesses and work with investigators to prove how the accident occurred.
If a driver or government entity is not responsible for a crosswalk accident, there are other parties that can be held liable for the injury.
There are instances where the pedestrian themselves can be held accountable for the incident as well. If the pedestrian was not abiding the laws of the road, they were not only putting themselves in danger but drivers as well.
Examples where a pedestrian can be potentially liable for an accident can be if the pedestrian was jaywalking, walking when the traffic signal did not permit them to cross the street yet, being intoxicated when they entered the street or walking into areas that are prohibited to pedestrians such as bridges and highways.
Westminster Injury Legal Representation
The experienced Westminster Pedestrian Accident Lawyers at our law firm have an excellent track record of pursuing compensation from cities and other governmental agencies on behalf of seriously injured victims and their families.
The attorneys of Bisnar Chase aims to have an exceptional attorney client relationship.
We have the conviction, the resources and the tenacity to fight against these powerful agencies and help injured victims obtain fair compensation for their injuries, damages, pain and suffering.
Call the law offices of Bisnar Chase today at 949-203-3814 and earn a free legal advice with a team expert.