Del Paso Heights Pedestrian Accident Lawyer
When a pedestrian is hit by a motorist, the pedestrian is usually left physically, financially, and emotionally damaged. This is because pedestrians have virtually no protection when they are hit by a car, truck, SUV, or other vehicles. This means even low-speed accidents can result in debilitating bodily injuries for the pedestrian. Some common types of bodily injuries suffered by pedestrians include:
- Traumatic brain injury or head wound
- Broken bones
- Complete or partial paralysis due to spinal cord trauma
- Back injuries
- Neck and shoulder injuries
- Knee injuries
A 62-year-old pedestrian was hit and killed by a passing car on Marysville Boulevard. The tragic collision reportedly occurred at the intersection of Marysville Boulevard and Roanoke Avenue near the Del Paso Heights neighborhood. The pedestrian was reportedly walking in a marked crosswalk on Marysville Boulevard when he was hit by a sedan traveling northbound on the road.Serious Pedestrian Accidents Are Common in California
California is one of the deadliest states for pedestrians. For example, approximately 23 percent of all motor vehicle deaths involved a collision with a pedestrian. This has resulted in California ranking at the very top of the most dangerous states for pedestrians.Pedestrian Accidents a Nationwide Safety Issue
The issue of pedestrian accidents is not confined to California. In fact, more than 4,700 pedestrians were killed in collisions with motorists in 2013 and more than 70,000 pedestrians were injured in these accidents.Negligent Motorist Often the Cause of Pedestrian Accidents
When a pedestrian is struck by a motorist, it is commonly due to a negligent action, or inaction, of the motorist. For example, common causes of collisions between motorists and pedestrians include:
- The motorist was speeding
- The motorist was intoxicated
- The motorist was drowsy/dangerously fatigued
- The motorist was texting and driving
- The motorist was talking on their cell phone
- The motorist violated traffic regulations and did not yield the right of way or failed to stop at a stop sign or red light
In California, when a pedestrian is crossing the street, they usually have the right of way to complete crossing the road when a motorist is approaching. In fact, according to California Vehicle Code Section 21950, a driver must yield the right of way to a pedestrian who is crossing the street within either (i) a marked crosswalk or (ii) within an unmarked crosswalk located at an intersection.
In addition, a motorist must exercise due care when approaching the pedestrian. This basically means the motorist is required to slow down, keep their eyes on the road, and take other actions to try and prevent a collision.
The video below by AAA explains how drivers and pedestrians can work together to make the roadways safer.Breach of Duty Creates Legal Basis to Hold Motorist Liable
When a motorist breaches their legal obligation to exercise due care and winds up hitting a pedestrian, the injured pedestrian has the ability to hold the motorist accountable for a pedestrian injury lawsuit. When a breach of a duty of care has occurred and someone is injured as a proximate result of that breach, the negligent party can be held liable. If liability is established, the injured party can obtain monetary compensation from the negligent party in an effort to make them whole.Types of Monetary Compensation You Can Pursue
If you or a family member decides to hire a personal injury lawyer in Del Paso Heights and file a claim against the negligent motorist, you can seek compensation for the following economic and non-economic damages:
- Your incurred and future medical bills (e.g. ER care, ambulance bill, surgeries, medications, etc.)
- Lost wages due to time missed from work
- Future wages (if you are left disabled after the wreck)
- Pain, suffering, and other non-itemizable harms
- Punitive damages (in specific cases)
According to California Code of Civil Procedure § 335.1, you have two years to file a civil lawsuit against the motorist. The proverbial clock starts ticking on the date of the accident. If you fail to file suit within two years, a California court will likely dismiss your case.
If you or a loved one suffered a severe injury while attempting to cross the street in and around Del Paso Heights, you may find that contacting an experienced pedestrian accident lawyer will prove vital to your case’s successful resolution.Del Paso Heights Pedestrian Accident Lawyer
I’m Ed Smith, a Pedestrian Accident Lawyer in Del Paso Heights. When a pedestrian is hurt in a motor vehicle collision, the results are often catastrophic. Do not hesitate to contact me right away at 916.921.6400 or 800.404.5400 for free and friendly advice. In the alternative, you can also find me online at AutoAccident.com.
I have been serving Del Paso Heights and the Northern California community since 1982, assisting injured people and their families after accidents.
:sb rey mb [cs 933 bw]
Photo by Sander Dalhuisen from Pexels
Editor’s Note: This page has been updated for accuracy and relevancy [cha 11.8.19]