Sacramento Pedestrian Accident Lawyer

Whether you or a family member was hit by a car and injured while walking, jogging or riding a bike, I'd like to help answer your questions. Call me at 916.921.6400 or contact me online for a free, no-obligation consultation.

Among the most serious traffic incidents that can occur are those which involve pedestrians. Lacking any protection whatsoever, a pedestrian is completely vulnerable to serious injuries when struck by a moving vehicle.

Even a relatively slow-moving vehicle can cause fractures and other major injuries to a pedestrian due to the significant mass of the vehicle and the hardness of the outside surfaces in comparison to human flesh.

Leg fractures are particularly common due to the position of car bumpers at the moment of impact - while internal injuries and traumatic brain injuries are not far behind.

An interesting study conducted in Austin, Texas revealed that by far the most common position of a pedestrian at the time of being struck was crossing a street, both outside of and within crosswalks, and the most frequent driver-related factor was a failure to yield the right-of-way to the pedestrian.

These results clearly highlight the importance of taking great care whenever crossing a roadway. It is never safe to assume that merely being in a crosswalk provides protection or to assume that a driver even sees a pedestrian, particularly at night.

The National Highway Traffic Safety Administration provides a variety of pedestrian safety information here. Due to their tendency to be inattentive to traffic, children are at particular risk of being injured in vehicle vs. pedestrian accidents. More pedestrian safety information is available through the U.S. Department of Transportation: Pedestrian Safety Roadshow

Watch the YouTube video below from AAA for more information on pedestrian safety.

The four most common ways pedestrians are injured in California are by drivers making left and right turns, backing up or making U-Turns. Driver inattention by texting, using cell phones or putting on makeup are other ways that lead to frequent pedestrian injuries.

Every driver of a motor vehicle must keep a proper lookout and pay attention to the roadway in front of him including pedestrians.  (Johnson v Johnson (1948) 84 Cal. App. 2nd 271.

Everyone has a duty of care, but courts in California have long recognized that the danger posed by a 4,000 plus pound vehicle is much greater than that posed by a pedestrian and courts, therefore, it requires a greater duty of care by the driver of the vehicle.

• If driving in an area where children are frequently present, a driver has a greater duty of care.
• A driver must yield the right of way to pedestrians in a crosswalk.
• Even if a pedestrian is outside a crosswalk, a driver has a high duty of care to look out for them.

If a driver stops to allow a pedestrian to cross before him at an intersection, no other vehicle can overtake and pass the stopped vehicle. 

Even when a pedestrian is struck by a hit and run driver, so long as the pedestrian has uninsured motorist insurance on his own vehicle or someone else in the pedestrian’s household has such insurance, the pedestrian is normally covered by that uninsured motorist insurance.

The above are just a few of the common laws that apply to hit-by-car accident victims in California. Please call me anytime if I can help further.

I’m Ed Smith, a Sacramento Pedestrian Accident Attorney. If you would like to discuss your legal options, contact me online or call me at 916.921.6400 or 800.404.5400 for free, friendly advice.

We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

Learn more about us. See our past verdicts and settlements and client reviews on Avvo, Yelp, Google.

Photo by Pixabay

Editor’s Note: This page has been updated for accuracy and relevancy [cha 11.6.19]

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