Pedestrian Injuries

Do You Need a Pedestrian Accident Attorney in the Sacramento Area?

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, toll Free at 800-404-5400 or contact me online for a FREE, no obligation consultation.

The Unique Nature of Pedestrian Injury Cases

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 failure to yield 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

California Law on Pedestrian Accidents

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.

Duty to Keep a Proper Lookout

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.

Driver of a Car has a Greater Duty of Care than does the pedestrian.

Everyone has a duty of care, but courts in California have long recognized than the danger posed by a 4000 plus pound vehicle is much greater than that posed by a pedestrian and courts therefore require a greater duty of care by the driver of the vehicle. (Arentz v Blackshere (1967) 248 Cal. App. 2nd 638.

If Driving in an area where Children are frequently present, a driver has a greater duty of care.  Hilyar v Union Ice co. (1955) 45 Cal. 2d 30.

A driver must yield right of way to pedestrians in a crosswalk.  California Vehicle Code Section 19150.

Even if a Pedestrian is outside a crosswalk, a driver has a high duty of care to lookout for them. (Karr v Sherer (1955) 132 Cal App 2d 835.

No Passing at Intersections

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. California Vehicle Code 21951.

Pedestrian Struck by a Hit and Run Driver may nonetheless have Insurance.

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 pedestrian accidents in California. Please call me anytime if I can help further.

If you would like to discuss your legal options, contact me online or call me at 916-921-6400 or toll-free at 800-404-5400 to set up a FREE consultation.

Client Reviews
  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely, Alex & Dinah M. ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation. Beverly ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything. Annie T. ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime. Jeremy M. ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone. Shannon D. ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury. David M. ★★★★★