Rancho Cordova Pedestrian Accident Lawyer

In cities, towns, and rural communities throughout California, pedestrians are walking around enjoying the temperate climate and beautiful scenery.  In addition, there are joggers, runners, hikers, and other people enjoying the outdoors or simply choosing a healthy alternative to get where they are going.  This volume of pedestrians means that there are bound to be negative incidents involving vehicles and individuals, especially in a time where more and more people are driving distracted.  Some of these accidents lead to serious injuries or fatalities.  These accidents between vehicles and pedestrians may occur in a crosswalk, while a person is moving through an intersection or crossing a street outside of a designated area, and even on the sidewalk.  Children and adults over the age of 65 years frequently are harmed in pedestrian accidents.

There are many reasons why these accidents happen, including:

• Distracted driving, where the driver was talking or texting on a cell phone, dealing with children in the backseat, or engaging in other actions that took their focus off the road
• Distracted walking
• Negligent or reckless driving that led to the driver failing to stop at a stop sign or red light
• Fatigued driving
• Speeding
• Driving under the influence of drugs or alcohol

Pursuant to California law, a pedestrian has the right-of-way in both designated crosswalks and other unmarked walking areas in an intersection, so cars need to yield under these circumstances.  See California Vehicle Code 21950(a).  This means most or all of the fault usually will lie with the driver of the vehicle that hits the pedestrian in an intersection.

A person who has been injured by a vehicle while on foot often suffers from severe injuries, which may include the following:

• Traumatic brain injuries
• Spinal injuries, including severe injuries that result in paraplegia or quadriplegia
• Broken or fractured bones
• Internal organ damage and serious nerve damage
• Amputated limbs
• Permanent disfigurement
• Death

It is crucial to gather as much evidence as possible quickly as it becomes difficult to track down witnesses and document the elements of negligence with the passing time.  Due to the severity of injuries in many cases, it is important to build a strong case to recover the following damages:

• Funds to cover past, present, and future medical expenses – It is crucial to document all medical care from the time of the accident in order to demonstrate the likelihood of future medical needs.  Many people settle for what seems to be a reasonable amount, only to discover that the money does not even come close to covering associated medical expenses over the course of many years.
• Payment for lost wages and the loss of future earnings and benefits – A person who was injured lost not just the money he would have earned but for the accident, but also the anticipated trajectory of his or her career and the benefits that would have come with that progression.
• Compensation for pain and suffering, loss of consortium, and other general damages.
• Punitive damages, but only in the rare cases where the actions of the defendant were especially egregious.

In those tragic cases where a family has lost a loved one, a wrongful death case may be brought, through which the family may seek additional damages.

The video below explains the rules of the road and what pedestrians need to do to stay safe.

I’m Ed Smith, a Rancho Cordova Pedestrian Accident Lawyer. If you or a loved one has suffered an injury as the result of an accident involving a pedestrian and a vehicle, call us now at 916.921.6400 or 800.404.5400 for free, friendly advice.

The Rancho Cordova pedestrian injury lawyers at the Edward A Smith Law Offices are ready to get to work for you immediately.

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

See our client reviews on Avvo, Google, and Yelp, and our past cases on our Verdicts and Settlements page.

Image by Horacio Lozada from Pixabay 

Editor’s Note: This page has been updated for accuracy and relevancy [cha 12.24.20]